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HomeMy WebLinkAbout9225-9249r RESOLUTION NO. 9249 (2001 Seri.- RESOLUTION DECLARING THE NEED FOR AN ADDITIONAL TAXI OPERATOR 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; and WHEREAS, Central Coast Taxicab and Beach Cities Cab Company are the current taxi operators in the City of San Luis Obispo; and WHEREAS, the City has received an application from Five Cities Cab Company to operate taxi service in the City; and 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 multiple taxi operators in the City of San Luis Obispo; 2. The City Administrative Officer or his designee is authorized to execute the Certificate of Public Convenience and Necessity and Taxi Permit to Five Cities Cab Company on a one year trial basis, in accordance to the Municipal Code 5.20. On 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 The foregoing resolution was passed and adopted this 6`s day of November 2001. Allen Settle, Mayor Lee Price, City Clerk r �g , - i Attorney 0 R 9249 jo c i RESOLUTION NO. 9248 (2001 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF THE 2000 -01 FEDERAL CAPITAL AND OPERATING ASSISTANCE GRANT APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION WHEREAS, the Federal Transit Administration has been delegated authority to award Federal financial assistance for a transportation project; and WHEREAS, a grant of federal assistance will impose certain obligations upon the City San Luis Obispo and may require the City of San Luis Obispo to provide the local share of project costs; and WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as. follows: SECTION 1. The City of San Luis Obispo is the designated recipient as defined by 49 U.S.C. 5307 (a)(2). SECTION 2. The Public Works Director is authorized to execute and file an application for Federal assistance on behalf of the City of San Luis Obispo with the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code and other Federal statutes authorizing a project administered by the Federal Transit Administration. SECTION 3. The Public Works Director is authorized to execute and file with the application the annual certifications, assurances, and other documents the Federal Transit Administration requires before awarding a Federal assistance grant. SECTION 4. The Public Works Director is authorized to execute grant agreements with the Federal Transit Administration on behalf of the City of San Luis Obispo. Upon motion of Council Member Marx, 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 19 &9 c- Resolution No 9248 (2001 Series) Pate 2 The foregoing resolution was adopted this 6`h day of Novem 2001. Allen Settle, Mayor ATTEST: , Lee Price, City Clerk 011ffld- �j iz G��v�N,,J I� G�''��Y ���,v I `J T RESOLUTION NO. 9247 (2001 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO REVISING THE MANAGEMENT PAY FOR PERFORMANCE SYSTEM FOR APPOINTED OFFICIALS, DEPARTMENT HEADS AND OTHER MANAGEMENT PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT WHEREAS, the City Council is committed to a comprehensive policy that strengthens the recruitment and retention of well qualified and effective appointed officials and management personnel; and WHEREAS, in 1996 the City Council established the Management Pay for Performance System for a two year period, revised it in 1998 and again in 2000 for another two year period; and WHEREAS, that system provides that the City Council biannually reviews the system; and WHEREAS, the Council is committed to a compensation plan which reflects the differences between duties, responsibilities and job requirements; and WHEREAS, the Council determines that merit and performance shall be the basis for Appointed Official and Management compensation; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby revises the Management Pay for Performance System as follows: SECTION 1. The Management Pay for Performance System will be renewed for another one year term, and revised to provide for lump sum payments in a percentage amount based upon performance for employees at the top of the salary range. SECTION 2. The cost of living adjustments will be applied across the board and will be 4.75% of salary effective the first full pay period in January, 2002 as shown in Exhibit "A ". SECTION 3. The Appointing Authority, or City Administrative Officer shall determine compensation within the designated range, after evaluating performance in accordance with the Management Pay for Performance System on a scale of 1-6 %. SECTION 4. If during 2002 the San Luis Obispo City Employees' Association and the City agree to amend the PERS miscellaneous contract to provide the 3% at 60 or another formula that has become available through AB616, management employees will participate as required by PERS. Any cost of participation will be cost neutral to the City and borne by the management employees through payroll deduction. R 9247 Resolution No. 9247 (2001 Series) Page 2 SECTION 5. The City shall continue to provide employees in those classifications listed in Exhibit "A" certain fringe benefits as set forth in Resolution No. 8412 (1995 Series) and Resolution No. 8476 (1996 Series). SECTION 6. The Director of Finance shall adjust the appropriate accounts to reflect the compensation changes. 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 6`h day of November 2001. Mayor Allen Settle ATTEST: u City Clerk Lee Price, CMC APPROVED AS TO FORM: r n C APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE EXHIBIT A Effective January 2, 2002 Resolution No. 9247 SALARY RANGE SALARY GROUP CLASSIFICATIONS Bottom Top I City Administrative Officer 9,681 12,104 II City Attorney 8,842 11,055 III Assistant City. Administrative Officer 7,482 9,352 Police Chief Public Works Director IV Community Development Director 7,133 8,916 Finance Director Fire Chief Utilities Director V Director of Human Resources 6,755 8,445 Parks and Recreation Director VI Deputy Public Works Director -City Engineer 6,210 7,762 VII Assistant City Attorney 5,914 7,392 City Clerk Deputy CDD- Development Review Deputy CDD -Long Range Planning Deputy Public Works Director VIII Economic Development Manager 5,297 6,621 Natural Resources Manager Wastewater Division Manager Water Division Manager IX Accounting Manager 5,074 6,342 Chief Building Official Fire Marshall Information Systems Manager Revenue Manager Supervising Civil Engineer X Assistant to the CAO 4,749 5,936 Parking Manager Principal Transportation Planner Recreation Manager II Risk Manager Transit Manager Wastewater Treatment Plant Supervisor Water Treatment Plant Supervisor Utilities Engineer 1 XI Administrative Analyst 4,479 5,598 Communication Manager Fire Protection Specialist GIS Manager Human Resources Analyst Industrial Waste Coordinator Neighborhood Services Manager Public Safety Information Systems Coordinator Recreation Manager I Utilities Conservation Coordinator Wastewater Collection Supervisor Water Distribution Supervisor Water Supply Supervisor XII Accounting Supervisor 4,133 5,166 Arborist Building Maintenance Supervisor Customer Services Supervisor Golf Course Supervisor Parks Supervisor Police Records Supervisor Recreation Supervisor Streets Supervisor Supervising Mechanic G:Mgt.Comp:AO &Management Salary Schedule �� �� � }v� �`� � t ,� , ���f 1 � RESOLUTION NO. 9246 (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DEDICATING WATER FUND REVENUES FOR REPAYMENT OF THE STATE REVOLVING FUND LOANS. WHEREAS, the City's Water Reclamation Facility produces recycled water suitable for irrigation and other uses, and WHEREAS, the Water Reuse Project will provide the facilities to distribute the recycled water, and WHEREAS, the State of California Water Resources Control Board provides low interest loans for water recycling projects, and WHEREAS, the City is seeking Grants and State Revolving Fund (SRF) loans for completion of the required improvements, and WHEREAS, on May 29, 2001, the Council for the City of San Luis Obispo approved a revenue program sufficient to cover repayment of the SRF loans and continued operation and capital programs for the City's water program, and WHEREAS, the State of California Water Resources Control Board requires dedication of said revenues for repayment of the SRF loan. BE IT RESOLVED the Council of the City of San Luis Obispo hereby dedicates water fund revenues to repayment of any and all SRF loans for SRF Project No. C -06 -4307 -110. This dedicated source of revenue shall remain in effect until such loan or loans are fully discharged.. Any modification or change of such dedication must be approved in writing by the State Water Resources Control Board. On motion of Council Member Mulholland, seconded by Council Member Marc, and on the following roll call vote: AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, Mayor Settle NOES: None ABSENT: None R9246 Resolution No. 9246 (2001 Series) Page 2 The foregoing Resolution was passed and adopted on this 6t' day of November 2001.: Mayor Allen Settle L.ee Ynce,. City Cleric APPROVED AS TO FORM: M L�J Q �V f� UN RESOLUTION NO. 9245 (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE APPLICATION FOR A LOAN FROM THE STATE WATER RESOURCES CONTROL BOARD FOR THE WATER REUSE PROJECT WHEREAS, the City's Water Reclamation Facility produces a tertiary reclaimed water which is suitable for irrigation and many other uses, and WHEREAS, the State Water Resources Control Board has issued an Order approving the City's request to recycle a portion of this water, and WHEREAS, the Water Reuse Project will provide the facilities to distribute the recycled water, and WHEREAS, the State of California Water Resources Control Board provides low- interest loans for water recycling projects. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby authorizes and directs the Utilities Director or his designee to sign and file, for and on behalf of the City of San Luis Obispo, a Financial Assistance Application for a loan/grant from the State Water Resources Control Board in an amount not to exceed $15,000,0000 for the design and construction of the Water Reuse Project. SECTION 2. The City Council further authorizes the Utilities Director or his designee to negotiate and execute a loan/grant contract and any amendments or change orders thereto on behalf of the City of San Luis Obispo. SECTION 3. This Resolution supercedes City Council Resolution No. 8693 (1997 Series). 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 R9245 �1 Resolution No. 9245 (2001 Series) Page 2 The foregoing resolution was adopted on this 6t' day of November 2001. ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: 40,. . Mayor Allen Settle R9245 Page 2 of 2 v J p J�L ,� ,Y,)cL) RESOLUTION NO. 9244 (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO RECOMMEND A PREFERRED METHOD FOR DETERMINING REGIONAL HOUSING NEEDS WHEREAS, the City Council has reviewed a San Luis Obispo Council of Governments staff report and supporting information dated September 18, 2001 describing a draft regional housing allocation method and possible factors to use in the calculation of housing needs; WHEREAS, the City Council recognizes the importance of establishing an equitable and comprehensive method for determining regional housing needs which considers not only factors generating housing demand but also physical constraints on a jurisdiction's ability to meet its regional housing need; WHEREAS, State Government Code (Section 65584) provides that the distribution of regional housing needs shall, based on available data, take into consideration market demand for housing, employment opportunities, the availability of suitable sites and housing need, among other specified factors; WHEREAS, the General Plan Housing Element (1.31.3) says the City should prevent new housing development on sites that should be preserved for open space or parks, or on sites subject to natural hazards or unacceptable manmade hazards. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that based on its deliberations and those of the San Luis Obispo County Housing Methodology Committee, public testimony, the staff report, and on State law, the following: SECTION 1. Regional Housing Needs Allocation Method. The City Council recommends that the method used to determine regional housing needs in San Luis Obispo County be designed as follows: 1. The method should include a "Development Suitability" factor which takes into account physical factors which may limit a jurisdiction's ability to fully accommodate its assigned regional housing needs. 2. Physical factors should include, but are not limited to, supply of developable land, slope, prime farm land, creeks and designated habitat for threatened or endangered species, state or federal lands, airport land use restrictions, geologic, seismic or other natural hazards, and preservation of historic resources as a key component of the community's sense of place and quality of life. SECTION 2. San Luis Obispo Council of Governments Action. The Council hereby forwards this recommendation to the San Luis Obispo Council of Governments. �P 1 Resolution No. 9244 (2001 Series) Page 2 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 6`s day of November 2001. Mayor Allen Settle ATTES . _ _ = _ /I IJ Lee Price, City Clerk APPROVED AS TO FORM: / ity Attorney RESOLUTION NO. 9243 (2001 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for grant funds to local, State, and Federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance for the above project; and 2. Certifies that said applicant will make adequate provision for operation and maintenance of the project; and 3. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. On motion of Council Member Mulholland, seconded by Council Member Marx and on the following roll call vote: AYES: Council Member Marx, Mulholland, Schwartz, Vice Mayor Ewan, and Mayor Settle NOES: None ABSENT: None R 9243 Resolution No. 9243 (2001 Series) Page 2 The foregoing resolution was passed adopted this 6th day of November 2001. Allen K. Settle, Mayor ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: O O id6LI f . l �1 i � l RESOLUTION NO. 9242 (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE MAP FOR AN 18- UNIT RESIDENTIAL CONDOMINIUM SUBDIVISION AND MITIGATED NEGATIVE DECLARATION FOR A PROJECT LOCATED AT 3051 AUGUSTA STREET, (TR, ER 115 -00). WHEREAS, the City Council conducted a public hearing on October 16, 2001, and has considered testimony of the applicant, interested parties, and the evaluation and recommendation of staff; and WHEREAS, the Planning Commission conducted a public hearing on August 8, 2001, for the purpose of formulating a recommendation to the City Council and has considered the testimony of the applicant, interested parties, and the evaluation and recommendation of staff, and has recommended approval of the proposed vesting tentative map; 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 determined that the Mitigated Negative Declaration of Environmental Impact for the project includes mitigation measures and monitoring to reduce all potentially significant environmental effects of the project to less than significant levels. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findines. That this Council, after consideration of the proposed project (TR, ER 115 -00), and the recommendation of the Planning Commission, staff recommendations and reports thereof, makes the following findings: 1. The proposed map is consistent with the General Plan because the subdivision will allow for high- density residential development. 2. As conditioned, the design or improvement of the proposed subdivision is consistent with the General Plan because each dwellings has access to a compact, private open space area and the development will occur as part of the neighborhood pattern. 3. The site is physically suited for the proposed type of development because it is an undeveloped, un- vegetated site that is adjacent to an existing street right -of -way. 4. As conditioned, the site is physically suitable for the proposed density of development R 9242 Resolution No. 9242 (2001 Series) Page 2 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 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. 8. The proposed decks will not impact solar access for adjacent properties because the decks are located on the northern side of the adjacent senior care facility. 9. There is adequate separation of structures on adjacent lots because the closest structures on the adjacent senior care facility property are set back 20 feet from the property line and additional development is this area is not likely. 10. The Mitigated Negative Declaration for the project adequately identifies and evaluates the potential impacts associated with this project and where impacts are potentially significant, mitigation measures and monitoring programs are provided to reduce these impacts to less than significant levels. SECTION 2. Environmental Review. The City does hereby adopt a Mitigated Negative Declaration for the project, with the following mitigation measures and monitoring programs. The Conditions, Covenants and Restrictions (CC &Rs) for the project shall include a provision to notify property owners within the project that nuisance noise levels may be experienced due to the normal operations of the Fire Department, to the approval of the Community Development Director and the Fire Marshall. Monitoring Program: The mitigation measure will be monitored through the Final Map plan check process. CC &R's are required to be approved for the project by the City Attorney, Public Works Director and Community Development Director. This review will provide an adequate opportunity for City staff to insure compliance with the requirement. 2. Plans submitted for a building permit application shall include construction measures for attenuation of interior noise levels based on the recommendations of a qualified noise consultant. Since there is no noise standard in the General Plan for sound generated by the operation of emergency vehicle equipment, and since the Fire Department is exempt Resolution No. 9242 (2001 Series) Page 3 from the standards contained in the Noise Ordinance, the noise consultant should base his or her recommendations on a reasonable level of sound attenuation given the characteristics of the noise. The recommendations of the noise consultant shall be reviewed and approved by the Community Development Director as part of the building permit plan check process for the project. Monitoring Program: The mitigation measure will be monitored through the building permit plan check process. The City's Noise Guidebook can be used to evaluate the effectiveness of the recommendations of the noise consultant for reducing interior noise. It is anticipated that the recommendations would include such items as sound rated windows on the rear elevations of these units, extra insulation, and baffled attic vents. 3. The final project shall be designed to include locations for the collection of recyclable materials and sufficient space shall be provided for each unit to store a waste wheeler for recycling service from the local garbage company. Monitoring Program: The mitigation measure will be monitored through the City's Architectural Review process. The applicant will be required to provide a detail drawing showing how the floor plans or site plans for each unit have been designed to accommodate waste wheelers for recycling and that the design complies with the requirements of the local garbage company. SECTION 3. Action. That the approval of vesting tentative map 115 -00, 3051 Augusta Street, be subject to the following conditions: 1. The final map shall include a note that setback is not required for the first -level decks on units 8, 9, 10 and 11. 2. The proposed storm drain, both on -site and off -site, shall be privately owned and maintained by the Homeowners Association. The system shall be capable of conveying a 10 -yr. (min.) design storm to Laurel Lane, with an improved 100 -yr. storm "safe overflow route ", to the satisfaction of the Director of Public Works and Building Official. Offsite easements are required, to the satisfaction of the Public Works Director and Building Official. If the offsite drainage easements have not been acquired by the time of final map approval, the City shall lend its power of eminent domain, in accordance with the California Subdivision Map Act. All costs associated with this matter shall be at the cost of the subdivider. 3. The subdivider shall dedicate a public utility easement, 6 feet wide, across the portion of the property that is contiguous to the Augusta St. right -of -way. Easements for onsite public utilities and City water main and appurtenance purposes shall be provided to the satisfaction of the Public Works Director and the utility companies. 4. The subdivider shall dedicate a public street tree easement, 10 feet wide, across the Augusta Street frontage of the property. 0 0 Resolution No. 9242 (2001 Series) Page 4 5. The curb return radii at the Augusta Street driveway entrance may be modified at the discretion and to the satisfaction of the Director of Public Works. 6. The project 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. 7. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 8. 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 City Engineer. 9. Prior to approval of the public improvement plans, the developer's engineer shall submit a digital copy of the public improvement plans, signed and stamped by the engineer of record, to the Director of Public Works. All digital plans submitted to the City shall be compatible with the City's system (the current City format is Autocad, Digital Interchange Format, DXF, for Geographic Information System purposes). 10. Upon completion of the public improvements, an "as- built" version of the digital copy shall be submitted, which include any approved change of plan revisions, in addition to as -built tracings, prior to the City's acceptance of said improvements. 11. Applicant shall install a "street type" entrance to the driveway at Augusta Street, with sidewalk curb ramps on either side. Five (5) meters of red curb shall be installed on either side of driveway, extending from the back of each curb return. 12. Applicant shall provide short and long -term bicycle parking consistent with provisions of Section 17.16.060 of the Municipal Code and with standards contained within the 1993 Bicycle Transportation Plan. Project plans reviewed by the ARC shall show how these code requirements have been met. 13. A safe overflow will be required to convey runoff from this site to a safe point of disposal to the approval of the Chief Building Official. 14. Runoff from the adjacent property (East side) must be provided with a new disposal point due to the placement of retaining walls and fill in existing drainage courses. 15. 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 C O Resolution No. 9242 (2001 Series) Page 5 Works and Utilities Engineer. 16. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map, consistent with SLO Municipal Code Section 16.40.080. 17. Conditions, Covenants and Restrictions (CC &R's) are required, to the approval of the Community Development Director and the Public Works Director. 18. CC &R's for the project shall include a requirement that garages be available for parking vehicles and general storage in garages shall not prevent parking of two vehicles. 19. The applicant shall provide at least 10 enclosed bicycle spaces. 20. The CC &R's shall include a provision that, in the two - bedroom units, the space labeled "family play area" shall not be converted to a third bedroom. 21. Applicant shall designate common open space areas as gathering spaces (with the actual facilities to be flexible; residents' participation in deciding the specific use is encouraged). 22. Applicant shall explore how to provide adequate space for trash and recycling storage 23. Applicant shall provide porches or other entry features facing the street, for the units closest to Augusta Street. 24. All mitigation measures approved as part of the Mitigated Negative Declaration for the project are hereby made conditions of approval of the project. 25. The applicant shall dedicate land or reserve easements as indicated on the project site plan for the exclusive use of the City's Fire Department, to the approval of the Fire Marshall and the Community Development Director. On motion of Council Member Marx, 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 16th day of October 2001. Resolution No. 9242 (2001 Series) Page 6 Lee Price, City Clerk APPROVED AS TO FORM: Yd m Mayor %len Settle Cu f � L. 0 K 0 O RESOLUTION NO. 9241 (Series 2001) RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD AUTHORIZING THE ISSUANCE AND SALE OF LEASE REVENUE REFUNDING BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $13,000,000 FOR THE PURPOSE OF PROVIDING FINANCING TO THE CITY OF SAN LUIS OBISPO, AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS WHEREAS, the Council of the City of San Luis Obispo (the "City ") has previously adopted its Ordinance No. 1059 (1986 Series) on April 15, 1986 (the "Ordinance "), establishing the City of San Luis Obispo Capital Improvement Board (the "Board") for the purpose of assisting the City in the financing of public improvements; and WHEREAS, in order to assist the City in financing and refinancing various public capital improvement projects of the City, the Board has previously issued three series of its 1999 Lease Revenue Bonds (collectively, the "1999 Bonds "), consisting of the following: 1. City of San Luis Obispo Capital Improvement Board 1999 Lease Revenue Bonds, Series A, in the aggregate principal amount of $3,105,000, 2. City of San Luis Obispo Capital Improvement Board 1999 Lease Revenue Bonds, Series B, in the aggregate principal amount of $3,245,000, and 3. City of San Luis Obispo Capital Improvement Board 1999 Lease Revenue Bonds, Series C, in the aggregate principal amount of $6,745,000; and WHEREAS, the 1999 Bonds are secured by revenues consisting primarily of lease payments made by the City under a First Amended and Restated Lease Agreement dated as of November 1, 1999 (the "1999 Lease "), under which the Board has leased to the City certain property as more fully described therein, including water system improvements, open space property, public park property, a recreation center, athletic fields, police station facilities and an historical museum (collectively, the "Properties "); and WHEREAS, due to favorable conditions in the municipal bond market, the City and the Board wish to realize interest rate savings by refunding the outstanding 1999 Bonds at this time, thereby reducing the City's annual lease payment obligations under the 1999 Lease; and WHEREAS, to that end the Board of Directors wishes at this time to approve the issuance and sale of three series of its 2001 Lease Revenue Refunding Bonds in the maximum principal amount of $13,000,000 (the "Refunding Bonds "), and to authorize the execution and delivery of all documents and actions required to issue and sell the Refunding Bonds; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of San Luis Obispo Capital Improvement Board as follows: I Ci'*01 O O Resolution No. 9241 (2001 Series) Page 2 SECTION 1. Issuance of Refunding Bonds; Approval of Indenture. The Board of Directors hereby authorizes the issuance of the Refunding Bonds under Ordinance in the maximum principal amount of $13,000,000. The Refunding Bonds shall be issued under an Indenture of Trust (the "Indenture ") between the Board and U.S. Bank Trust National Association, as trustee (the "Trustee "). The Board hereby approves the Indenture in substantially the form on file with the Secretary, together with any changes therein or additions thereto deemed advisable by the Chief Financial Officer, whose execution thereof shall be conclusive evidence of the approval of any such changes or additions. The Board of Directors hereby authorizes and directs the Chief Financial Officer to execute, and the Secretary to attest and affix the seal of the Board to, the final form of the Indenture for and in the name of the Board. The Board of Directors hereby authorizes the delivery and performance of the Indenture. SECTION 2. Approval of Related Financing Agreements. The Board of Directors hereby approves each of the following agreements required for the issuance and sale of the Refunding Bonds and the refunding of the 1999 Bonds, in substantially the respective forms on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Chief Financial Officer, whose execution thereof shall be conclusive evidence of the approval of any such changes or additions. The Chief Financial Officer is hereby authorized and directed for and in the name and on behalf of the Board to execute, and the Secretary is hereby authorized and directed to attest and affix the seal of the Board to, the final form of each such agreement: a. Second Amended and Restated Lease Agreement, between the Board as lessor and the City as lessee, which amends and restates the 1999 Lease for the purpose (among others) of incorporating provisions relating to the Refunding Bonds and reducing the amount of annual lease payments required to be paid by the City thereunder to reflect the interest rate savings resulting from the refunding; b. Assignment and Termination Agreement between the Board and the Trustee, whereby the Board assigns certain of its rights under the Second Amended and Restated Lease Agreement to the Trustee for the benefit of the Refunding Bond owners, and terminates the assignment previously made for the security of the 1999 Bonds; and C. Escrow Deposit and Trust Agreement among the Board, the City and U.S. Bank Trust National Association, as escrow bank, providing the investment and administration of funds to refund the 1999 Bonds. SECTION 3. Authorization of Competitive Sale of Refunding Bonds. The Board of Directors hereby authorizes and directs the competitive sale of the Refunding Bonds in accordance with the Notice Inviting Bids in substantially the form on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Chief Financial Officer. The Chief Financial Officer is hereby authorized and directed for and in the name and on behalf of the Board to accept the best bid for the sale of the Refunding Bonds, as determined in accordance with the Notice Inviting Bids. Resolution No. 9241 (2001 Series) Page 3 SECTION 4. Publication of Notice. Pursuant to 53692 of the Government Code, Jones Hall, as bond counsel to the Board and the City, is hereby authorized and directed to cause the Notice of Intention to Sell Bonds, in substantially the form on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Chief Financial Officer, to be published once in The Bond Buyer. Such publication shall be made not later than 15 days prior to the date set for receipt of bids on the Refunding Bonds. SECTIONS. Official Statement. The Board of Directors hereby approves the preliminary Official Statement describing the Refunding Bonds in substantially the form on file with the Secretary. The Chief Financial Officer is hereby authorized and directed to approve any changes in or additions to said preliminary Official Statement and to execute an appropriate certificate stating the Chief Financial Officer's determination that the preliminary Official Statement (together with any changes therein or additions thereto) has been deemed nearly final within the meaning of Rule 15c2 -12 of the Securities Exchange Act of 1934. Distribution of the preliminary Official Statement by the Bond Counsel to prospective bidders is hereby approved. The Chief Financial Officer is hereby authorized and directed to approve any changes in or additions to a final form of said Official Statement, and the execution thereof by the Chief Financial Officer shall be conclusive evidence of approval of any such changes and additions. The Board of Directors hereby authorizes the distribution of the final Official Statement by the winning bidder. The final Official Statement shall be executed in the name and on behalf of the Board by the Chief Financial Officer. SECTION 6. Official Actions. The Executive Director, the Chief Financial Officer, the Secretary, the Board Attorney and all other officers of the Board are each authorized and directed in the name and on behalf of the Board to make any and all site leases, assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved pursuant to this Resolution. Whenever in this resolution any officer of the Board is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable. SECTION 7. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. 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 O O Resolution No. 9241 (2001 Series) Page 4 The foregoing resolution was adopted this 16`h day of October 2001. Allen Settle, President ATTEST: C.� Lee Price, Secretary APPROVED AS TO FORM: U RESOLUTION NO. 9240 (Series 2001) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING DOCUMENTS AND ACTIONS RELATING TO REFUNDING OF OUTSTANDING 1999 BONDS BY THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD WHEREAS, in order to assist the City in financing and refinancing various public capital improvement projects of the City, the City of San Luis Obispo Capital Improvement Board (the "Board ") has previously issued three series of its 1999 Lease Revenue Bonds (collectively, the "1999 Bonds "), consisting of the following: 1. City of San Luis Obispo Capital Improvement Board 1999 Lease Revenue Bonds, Series A, in the aggregate principal amount of $3,105,000, 2. City of San Luis Obispo Capital Improvement Board 1999 Lease Revenue Bonds, Series B, in the aggregate principal amount of $3,245,000, and 3. City of San Luis Obispo Capital Improvement Board 1999 Lease Revenue Bonds, Series C, in the aggregate principal amount of $6,745,000; and WHEREAS, the 1999 Bonds are secured by revenues consisting primarily of lease payments made by the City under a First Amended and Restated Lease Agreement dated as of November 1, 1999 (the "1999 Lease "), under which the Board has leased to the City certain property as more fully described therein, including water system improvements, open space property, public park property, a recreation center, athletic fields, police station facilities and an historical museum (collectively, the "Properties "); and WHEREAS, due to favorable conditions in the municipal bond market, the City and the Board wish to realize interest rate savings by refunding the outstanding 1999 Bonds at this time, thereby reducing the City's annual lease payment obligations under the 1999 Lease; and WHEREAS, the Board has approved the issuance and sale of three series of its 2001 Lease Revenue Refunding Bonds in the maximum principal amount of $13,000,000 (the "Refunding Bonds "), for the purpose of providing funds to refund the 1999 Bonds; and WHEREAS, the Council has previously approved the 1999 Lease by ordinance as required by Article 9 of Chapter 5 of Part 1 of Division 2 of the California Government Code (commencing with Section 54240 of said Code); and WHEREAS, the Council wishes at this time to approve all proceedings to which it is a party relating to the issuance and sale of the Refunding Bonds; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Approval of Financing Plan and Related Documents. The Council hereby approves the refunding of the 1999 Bonds as set forth in the financing plan outlined in the recitals of this Resolution. To that end, the Council hereby approves each of the following R 9240 C Resolution No. 9240 (2001 Series) Page 2 agreements in substantially the respective forms on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the Director of Finance, whose execution thereof shall be conclusive evidence of the approval of any such changes or additions: a. Second Amended and Restated Lease Agreement, between the Board as lessor and the City as lessee, which amends and restates the 1999 Lease for the purpose (among others) of incorporating provisions relating to the Refunding Bonds and reducing the amount of annual lease payments required to be paid by the City thereunder to reflect the interest rate savings resulting from the refunding; b. Escrow Deposit and Trust Agreement among the Board, the City and U.S. Bank Trust National Association, as escrow bank, providing the investment and administration of funds to refund the 1999 Bonds. The Director of Finance is hereby authorized and directed for and in the name and on behalf of the City to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to, the final form of each of the foregoing agreements. SECTION 2. Issuance and Sale of Refunding Bonds by Board. The Council hereby approves the issuance of the Refunding Bonds by the Board in the aggregate principal amount of not to exceed $13,000,000, for the purpose of providing funds to refund the 1999 Bonds. The Council hereby approves the competitive sale of the Refunding Bonds by the Board in accordance with the resolution of the governing body of the Board relating thereto. SECTION 3. Official Statement. The Council hereby approves and deems nearly final within the meaning of Rule 15c2 -12 of the Securities Exchange Act of 1934, the preliminary Official Statement describing the Bonds in the form on file with the City Clerk. The City Administrative Officer or the Director of Finance (each, an "Authorized Officer ") is individually authorized, at the request of the purchaser of the Bonds, to execute an appropriate certificate affirming the City Council's determination that the preliminary Official Statement has been deemed nearly final within the meaning of such Rule. Distribution of the preliminary Official Statement by the purchaser of the Bonds is hereby approved. An Authorized Officer is hereby authorized and directed to approve any changes in or additions to a final form of said Official Statement, and the execution thereof by an Authorized Officer shall be conclusive evidence of approval of any such changes and additions. The Council hereby authorizes the distribution of the final Official Statement by the purchaser of the Bonds. The final Official Statement shall be executed in the name and on behalf of the City by an Authorized Officer. SECTION 4. Official Actions. The City Administrative Officer, the Director of Finance, the City Clerk and all other officers of the City are each authorized and directed in the name and on behalf of the City to make any and all site leases, assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved pursuant to this Resolution. Whenever in this Resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be O � Resolution No. 9240 (2001 Series) Page 3 taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable. SECTION 5. Effective Date. This Resolution shall take effect immediately upon its adoption. 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 16`s day of October 2001. G%� Mayor Allen Settle A T: S: Lee Pnce, City Clerk APPROVED AS TO FORM: / i �� ciVAttomey o�� J RESOLUTION NO. 9239 (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING MILLS ACT PROGRAM APPLICATION FEES WHEREAS, the City has analyzed both its costs and the County of San Luis Obispo's in reviewing and processing Mills Act program applications, under which qualifying historical properties are eligible for an alternative method of assessing their value that typically results in lower property taxes; and WHEREAS, the full cost of this process for each application is $1,717 for the City and $733 for the County, for a total cost of $2,450. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. Mills Act application fees are hereby set at $612, which reflects 25% cost recovery for the City and the County. SECTION 2. Consistent with adopted cost recovery policies, this fee will be reviewed and updated on an ongoing basis. Accordingly, it will be adjusted annually on July 1 of each year by the annual percentage change in the U.S. Bureau of Labor Statistics (or successor agency) consumer price index for all urban consumers (CPI -U) all- cities average for the prior calendar year; and it will be included in the comprehensive analysis of City fees that is made at least every five years. Upon motion of Vice Mayor Ewan, 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 on October A ` Lee Price, City Clerk APPROVED AS TO FORM: 4��61,40e Q0.0�� J ,/re )W. Jo/genf, Cilf Attorney 16, 2001. Mayor Alen Settle R 9239 ,C,,() o �V�Al RESOLUTION NO. 9238 (2001 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE BORROWING OF FUNDS BY THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO FOR THE PURPOSE OF PROVIDING FINANCING FOR A RESIDENTIAL RENTAL HOUSING FACILITY SPONSORED BY THE SAN LUIS OBISPO NON - PROFIT HOUSING CORPORATION WHEREAS, the Housing Authority of the City of San Luis Obispo (the "Authority ") is authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California, as amended (the "Law "), to make loans for housing purposes specified in the Law; and WHEREAS, the San Luis Obispo Non - Profit Hosing Corporation, a California nonprofit public benefit corporation (the "Corporation ") has requested that the Authority use its powers under the Law to borrow monies (the "Housing Authority Loan") for the purpose of having the Authority make a loan (the "Project Loan") to a limited partnership (the "Borrower ") of which the Corporation is the sole general partner, to enable the Borrower to finance the acquisition and construction of a 19 unit residential rental housing facility for seniors to be located at 433 Pacific Street in the City of San Luis Obispo (the "Project "); and WHEREAS, a portion of the housing units in the Project will be rented to persons and families of very low income as required by the Law and the Internal Revenue Code of 1986, as amended (the "Code "); and WHEREAS, the instrument (the "Bond ") evidencing the Housing Authority Loan will be considered to be a "qualified exempt facility bond" under Section 142(a) of the Code, and Section 147(f) of the Code requires that the "applicable elected representative" with respect to the Authority approve the borrowing consisting of the Housing Authority Loan evidenced by the Bond following the holding of a public hearing with respect thereto; and WHEREAS, the Authority has determined that the City Council of the City is the "applicable elected representative" to approve the Housing Authority Loan and the Bond; and WHEREAS, notice of said public hearing has been duly given as required by the Code, and the City Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the location, operation and financing of the Project and the Authority's borrowing consisting of the Housing Authority Loan evidenced by the Bond, and the Authority's loan of the proceeds thereof to the Borrower; and WHEREAS, it is in the public interest and for the public benefit that the City Council approve the Loan and the Bond for the aforesaid purposes. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, as follows: R 9238 o � Resolution No. 9238 (2001 Series) Page 2 Section 1. The Council of the City of San Luis Obispo hereby approves the Housing Authority Loan and the issuance of the Bond by the Authority under the Law and the Code for the purpose of providing funds to make the Project Loan to the Borrower to enable the Borrower to finance the acquisition and construction of the Project. Section 2. This Resolution shall take effect immediately upon its adoption. On motion of Council Member Mulholland, seconded by Council Member Marx 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 adopted this 16`h day of October2001. Mayor Allen Settle ATTE T: Lee Price, City Clerk APPROVED AS TO FORM: !� , V�Ci Attorney ✓yC.A -1 s�u.Q � C� //,w✓ %-°'� RESOLUTION NO. 9237 (2001 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO..2338 WHEREAS, the City Council made certain findings concerning Tract 2338, as prescribed in Resolution No. 8976 (1999 Series), and WHEREAS, the City Council approved the final map for Tract 2338 per Resolution No. 9104 (2000 Series), and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2338, in accordance with City standards, specifications and the subdivision agreement, and has requested acceptance of the public improvements for maintenance and operation by the City. NOW, THEREFORE, BE IT RESOLVED the City Council hereby accepts the public improvements for Tract No. 2338. The current Faithful Performance surety is hereby reduced to $3,650, being ten percent of the total cost of the public improvements, to be held for one year from this date, in accordance with the subdivision agreement. The Labor & Materials surety may be released at this time, since the conditions of Section 66499.7 of the California Government Code have been met. 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 adopted on the 16`h day of October 2001. Mayor Allen K. Settle ATTEST: City Clerk Lee Price APPROVED AS TO FORM: e• /,eity/Vtor,dy Je ey orgensen R 9237 �.t AA �P5 RECEIVED OCT 19 2001 , 1 SLO CITY CLERK . DOC#;_ 2001077399 Recording Requested by the City of San Luis Obispo And when recorded, return to: RODEWALD DAR Obispo County- Clerk/Recorder 10/11/2001 at the request of City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 RESOLUTION 7T0: 9236 (2001 SERM,S) 8:18 AM Titles: 1 Pages: 7 Fees 0.00 Taxes 0.00 Others 0.00 PAID $0.00 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CONTRIBUTING PROPERTIES LIST OF HISTORIC RESOURCES TO INCLUDE PROPERTY LOCATED AT 750, 756 AND 762 WOODBRIDGE STREET WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Contributing Properties List of Historic Resources," along with procedures for adding properties to the listing; and WHEREAS, at the request of a private individual, the Cultural Heritage Committee held an advertised public hearing on November 27, 2000 to consider recommending to the City Council the addition of 750, 756 and 762 Woodbridge Street to the Contributing Properties List; and WHEREAS, said properties were being considered for historic status, in part, because of their historic association with the Piantanida/Cattaneo family, an early Italian- American immigrant family who has played a significant role in the commercial growth and vitality of the community; and WHEREAS, at said meeting, the Cultural Heritage Committee reviewed the historical documentation on the property and recommended that the City Council add the properties to the Contributing. Properties List; and WHEREAS, this City Council considered this recommendation during an advertised public hearing on October 2, 2001 to consider a request by Bill Cattaneo recommending historic listing of said properties, pursuant to historic preservation guidelines established by Council Resolution No. 6157 (1987 Series). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that based on the Cultural Heritage Committee's recommendation, documentation as described in the Historical Resource Inventory for the property, on file in the Community Development Department, public testimony, the staff report, and on the City's Historical Preservation Program Guidelines the following: 1: • 01 Resolution Z. 9236 (2001 Series) Page 2 SECTION 1. Findings. The buildings located at 750, 756 and 762 Woodbrdige Street meet the Historic Resource Criteria For Building Evaluation and Recommendations as listed in the Historic Preservation Program Guidelines, Category VIII, History - Context category, based on the following findings: All of the buildings are at least 50 years old. 2. The buildings substantially contributed to the historic character of the "Little Italy" neighborhood which was once predominantly residential. 3. The properties are closely associated with a locally prominent Italian- American family which has lived and worked in San Luis Obispo since 1912. 4. The house at 762 Woodbridge has retained its original architectural character. 5. Historic designation does not constitute a "project" as defined under Section 15378 of Title 14, Ch. 3 California Code of Regulations and therefore is not subject to review under the California Environmental Quality Act (CEQA). 6. A letter of recommendation from Bill Cattaneo supporting historic listing is attached to this resolution. SECTION 2. Addition to Contributing Properties List. The buildings located at 750, 756 and 762 Woodbridge Street are hereby added to the Contributing Properties List of Historic Resources, based on historic documentation on file in the Community Development Department. SECTION 3. Publish Revised Contributing Properties List. The Community Development Director is hereby directed to amend the Contributing Properties List of Historic Resources to include the properties listed above, and to publish a revised Inventory of Historic Resources for public distribution. SECTION 3. Recording of Historic Properties. The City Clerk is hereby directed to record the properties' historic designation and legal description as shown on Exhibit A with the San Luis Obispo County Recorder, pursuant to State Law. On motion of Council Member Schwartz, seconded by Council Member Mulholland and on the following roll call vote: Resolution No. 9236 (2001 Series) Page 3 AYES: Council Members Marx, Mulholland, Schwartz, Vice Mayor Ewan, and Mayor Settle NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 2nd day of Lee Price, City Clerk APPROVED: ff Jorgensen, City ttorney U ®Resolution No. 9236 (2001 Series) Exhibit.A Page 1 of. 1 EXHIBIT A LEGAL DESCRIPTION OF LISTED HISTORIC PROPERTY Following is the legal description of the property added to the City of San Luis Obispo's Contributing Propertis List of Historic Resources, by City Council Resolution No. 9236 (2001 Series): 1. 750 Woodbridge Street. City of San Luis Obispo, Imperial Addition, Block 2, Lots 9 and 10 (Assessor's Parcel Number (APN #) 004- 846 -023). Owners: Mary H. Cattaneo. 1. 756 Woodbridge Street City of San Luis Obispo, Imperial Addition, Block 2, Lots 9 and 10 (Assessor's Parcel Number (APN #) 004- 846 - 023). Owners: Mary H. Cattaneo. 2. 3. 762 Woodbridge Street City of San Luis Obispo, Imperial Addition, Block 2, Lot 11 (Assessor's Parcel Number (APN #) 004 - 846 -013). Owners: Mary H. Cattaneo. ,,,� � �� Jam'' 0 /��� �,r?�- V'� u C Resolution No. 9236 (2001 Series) Attachment Page 1 of 3 MOW ,; %&A4oae �0�541 -0282 boat 0#4ce Fax 16103 5" zw'4 dGicfia . e44ri aaeua 53406 9105-54¢3111 30 August 2000 Dear Jeff, Some months ago you mentioned that the Imperial Tract was destined to join the Master List of Historic Resources as an Historic District. In the event the tract is not soon inventoried and placed under historic protection, I wish to recommend that three family properties be considered for early inclusion in the master list: 750 Woodbridge Avenue, 756 Woodbridge Avenue, and 762 Woodbridge Avenue. The three properties are owned by my mother, Mrs. Mary Helen Cattanco, who lives in 756 Woodbridge and rents the remaining two residences. The three contiguous lots were originally purchased circa 1914 by my maternal grandparents, Angelo and Luigia (Louise) Piantanida. It is my understanding that my grandfather soon thereafter began to build a house on the most easterly lot and that the house was completed for around $200 in late 1914 or early 1915. I do know that my grandparents were living temporarily with Mr. Rodari at 785 Alexander Street, when my mother was born on 18 April 1914, and that the family of three moved to 762 Alexander Street some time later. o • O ® Resolution No. 9236 (2001 Series) Attachment Page 2 of 3 At a later date, I will furnish more complete information on the Piantanida 2 family, but for the purposes of this letter, I will tell you that my ` grandfather, Angelo, worked as a section gang laborer and assistant foreman for the Southern Pacific Company almost 50 years — most of those years in San Luis Obispo. The 750 Woodbridge Avenue residence was built and completed in January 1940 by my maternal uncle, Paul Piantanida, and his new bride, Edna (nee Simas) Piantanida. The 756 Woodbridge Avenue residence was built and completed in June 1941 by my father and mother, William and Mary Cattaneo. Aside from their construction dates —the oldest residence being around 85 years old and the last built residence being 59 years old —each residence will qualify as historically significant based on the historical relevance of at least one of the former residents. In the case of 762 Woodbridge, that residence was owned by a railroad family who had emigrated to San Luis Obispo from northern Italy. In the case of 750 Woodbridge, Paul Piantanida with his own hands built the 1010 Nipomo Street structure today housing the Children's Museum. %&Alpo" In the case of 756 Woodbridge, William Cattaneo Sr. was the founder of 805 - 541 -0282 Cattaneo Brothers, and my mother was the firm's bookkeeper for many Saar O#ee sax 16103 years. sag zw;l Oei;" ea&owtea 53406 9= 805- 544 -3111 2 C, it aY% - %lefi!=oaz 805 -541 -0282 iaoet O#ece Vu 16103 Sac .Dula OB�a1ia e4 � 43406 57= 8'05-544 -3111 Resolution No. 9236 (2001 Series) Attachment Page 3 of 3 Please understand that my mother does not know that I am requesting that these properties be placed under the city's historic protection, nor has she ever encouraged me to take this action. It is my hope that these three remaining residences, in what was once a thriving and vital railroad neighborhood, will survive in their original states to preserve what is left of the old railroad neighborhood. I may humbly add, Jeff, that I have a special interest in preserving 762 Woodbridge Street, the place of my birth on 28 May 1933. I was born in the same room where my uncle Paul (1915), my aunt Annie (1917), and my uncle Phil (1923) were born. I might also add that all four of the children of Angelo and Luigia Piantanida are still alive — a testament perhaps to home births. Most sincerely, Bill Cattaneo 451 Mallard Creek Road Louisville, Kentucky 40207 -5418 Copy: Dave Romero, San Luis Obispo City council Q END OF DOCUMENT r� J RESOLUTION NO. 9235 (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE MITCHELL PARK MASTER PLAN WHEREAS, Master Plan for the renovation and improvement of Mitchell Park was developed by the Parks and Recreation Commission with input of Old Town neighborhood residents; and WHEREAS, that Master Plan was subsequently approved by the Parks and Recreation Commission on August 2, 1995 and confirmed on February 7, 2001; and WHEREAS, the Master Plan was approved with conditions that have been incorporated into the plan by the Cultural Heritage Committee on June 25, 2001; and WHEREAS, the Master Plan was approved with conditions that have been incorporated into the plan by the Architectural Review Commission on August 20, 2001. NOW, THEREFORE, BE IT RESOLVED the Council of the City of San Luis Obispo accepts the recommendations of the Parks and Recreation Commission, the Cultural Heritage Committee, and the Architectural Review Commission and approves the Mitchell Park Master Plan. 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 2 "d day of October 2001. Mayor Allen Settle ATTES Lee Price, City Clerk APPROVED AS TO FORM: v Jeffrey i. Jorgensen, Attomey (M%& �� �),;.� o ��L.�/ RESOLUTION NO. 9234 (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION AND APPROVING A COMMERCIAL DEVELOPMENT (AEROVISTA BUSINESS PARK AT 4451 BROAD STREET, ARC 80 -01 WHEREAS, on August 20, 2001, the Architectural Review Commission conducted a public hearing and approved project ARC 80 -01 based on findings and subject to conditions; and WHEREAS, Chief Mark Vigil Sr. filed an appeal of the Architectural Review Commission's action on August 30, 2001; and WHEREAS, the City Council conducted a public hearing on October 2, 2001, and has considered testimony of the appellant, interested parties, the records of the Cultural Heritage Committee hearings and action, and the evaluation and recommendation of staff; and 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 Architectural Review Commission actions, the appellants' statement, staff recommendations and reports thereof, makes the following findings: 1. The project was processed consistent with the California Environmental Quality Act and the City's Archeological Resources Preservation Guidelines. 2. Based on the findings and recommendations of the Phase 1 Archeological Survey prepared by Heritage Discoveries, Inc., there is substantial evidence in the record that the site is not historically significant and that the proposed project will not cause a significant adverse archeological impact to this site. 3. The proposed project, with the recommended conditions and modifications, complies with property development standards for the C -S zone. 4. The proposed scale and design of the building will be compatible with surrounding commercial and industrial uses. 5. The proposed project is consistent with the City's General Plan, the City's Zoning Regulation and the San Luis Obispo County Airport Master Plan. SECTION. 2. Appeal Denied. The appeal of the Architectural Review Commission's action conditionally approving the project is hereby denied, and that action is upheld subject to the following conditions: R 9234 Resolution No. 9234 (2001 Series) Page 2 All applicable mitigation measures contained in the approved Mitigated Negative Declaration, ER 80 -99, shall be incorporated into the final project design (Exhibit "A'). 2. Plans submitted for a building permit shall be in substantial compliance with plans approved by the ARC and all conditions of approval. Any questions of substantial compliance shall be referred to the Community Development Director and, if need be, to the ARC for resolution. 3. All pictures, notes and project data shown on the approved plans shall become conditions of approval. The final conditions of approval shall be clearly listed on a sheet of the construction plans. 4. The width of all landscape planters shall be increased to be consistent with the City Parking and Driveway Standards (PDS). City standards require landscape planters with trees to be a minimum of 2.4 meters (8 feet) wide and all other planters to be a minimum of 1.2 meters (four feet) wide. 5. Provide outdoor break areas of varying sizes at optimal locations along the south and/or east sides of buildings. Seating should be provided in break areas and in other appropriate areas adjacent to or near each building. Some of the benches provided should have backs (1 -2 per building). Replace the curbing around the public art display with a low seat wall. 6. All backflow prevention devices and double check assembly valves shall be located inside the building or screened with a combination of structure and landscaping to the satisfaction of the Community Development Director and the City Fire Chief. 7. A 3 -foot tall continuous earthen berm or hedge shall be planted along Aero Vista to screen the parking area west of Building "C." 8. The Community Development Director shall approve site lighting prior to issuance of a building permit. 9. Signage shall return to the ARC for approval. ( Signage design shall comply with City Signage Regulations and all applicable ordinance requirements.) 10. The project shall comply with the conditions of approval imposed by the San Luis Obispo County Airport Land Use Commission. Those conditions include: a) granting an avigation easement to the County of San Luis Obispo; b) shielding and directing all lighting downward; c) no transmission interference with aircraft operation; d) disclosing to all tenants that the property is in an airport flight traffic zone and possible noise impacts may occur; and e) providing soundproofing to reduce indoor noise. 11. The irrigation systems for common areas, parks, detention basins, and other large landscape areas shall be designed and constructed in accordance with the standards for Resolution No. 9234 (2001 Series) Page 3 reclaimed water use. Appropriately sized reclaimed water mains shall be constructed from the City's trunk system to these irrigation areas. If reclaimed water is not yet . available, the system shall be designed and constructed to reclaimed water standards, and temporarily connected to the City's potable water system in the area of the anticipated connection to the reclaimed water system. Appropriate backflow protection shall be installed with this connection to the satisfaction of the County Cross Connection Inspector, Henry Ruiz, who can be reached at 781 -5567. 12. Transit Improvements. The applicant shall create two curb -side transit stops, one on the south side of Aerovista Place adjoining Building B and a second on the east.side of Airport Drive adjoining Building F. To create each transit stop, curb parking shall be precluded through the application of 38 meters of red curb. The exact location of these transit stops shall be to the approval of the City Transit Manager. The applicant shall install a City standard transit shelter on the Aero Vista Place frontage and transit stop signing and a trash receptacle at both locations. The transit shelter shall include a lockable display case. At the developer's option, a shelter that is integrated and/or consistent with the architectural theme of the adjoining project may be installed, but would need to be maintained by the developer. The final design of these facilities shall be to the approval of the City Transit Manager. 13. Transit "Flash Pass" Support. The applicant shall work with the City Transit Manager to financially support and maintain a transit pass program for project employees. Options to consider and details of this program shall be to the approval of the Transit Manager. 14. Bicycle Facilities. The applicant shall provide both short- and long -term bicycle - parking facilities consistent with Section 17.16.060, Table 6.5 of the City's Zoning Regulations. The location of bicycle racks shall comply with standards contained within Section IV of the 1993 Bicycle Transportation Plan. 15. Provide a pedestrian link between Buildings. D & A. 16. Include additional street trees along Aero Vista plus place more of the proposed street trees closer to the back of sidewalk to provide additional shading. On motion of Vice Mayor Ewan, seconded by Council and on the following roll call vote: AYES: Council Member Schwartz, Vice Mayor Ewan and Mayor Settle NOES: Council Members Marx and Mulholland ABSENT: None o Resolution No. 9234 (2001 Series) Page 4 The foregoing resolution was adopted this 2" day of October, 2001. Mayor Allen A Lee Price, City Clerk AS TO City, AttornevTe —I C, ResolutioonNo. 9234 (2001 Series) Exhibit A Environmental Conditions: ER80 -99 Page 1 of 4 1. Future site development approvals shall include the following conditions: • Soundproofing shall be added to reduce indoor noise from airport operations, where required by the City's Noise Element and the San Luis Obispo County Airport Land Use Plan. • The property owner shall grant an avigation easement for the protection of the San Luis Obispo Airport, the City of San Luis Obispo and the County of San Luis Obispo. • All project occupants and land uses shall comply with the compatible land use matrix of the San Luis Obispo Airport Land Use Plan (ie. churches may not be allowed). • Any and all use of Airport Drive is subject to review and approval by the County General Services Department and the Airport Manager. 2. All exterior lighting shall be shielded down - lights that do not shine skyward or interfere with aircraft flights or aircraft operations. Searchlights and strobe lights shall be prohibited. 3. A detailed soils engineering report shall be submitted as part of any grading and building permit application. The soils report shall include data regarding the nature, distribution and strength of the existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary. Grading and building must be designed and performed in compliance with the soils engineering report and the City's grading regulations. 4. The applicant shall provide the Director of Public Works with a detailed hydraulic analysis, which indicates how the project will be designed to comply with the City's drainage policies. The analysis must address and identify the existing public and private drainage facilities and creek capacities in order to provide design criteria that meet City standards. The proposed development shall not create a situation that increases the flooding potential downstream. 5. Any future development project shall include: • bicycle parking located close to door openings of all buildings. One bicycle space for every ten car parking spaces is considered appropriate; • Bicycle locker and shower facilities for tenants; • Label several optimal parking spaces within parking areas as "carpool only" to reserve these spaces for employee carpool participants only. • continued sidewalk along the property providing access to the nearby bus shelter; • outdoor employee rest area to encourage employees to stay on site during the lunch hour; • extensive tree planting in the parking areas to help reduce evaporative emissions from automobiles; • shade tree planting in parking lots to reduce evaporative emmissions from parked vehicles; • double paned windows, energy efficient interior lighting, sodium parking lot lights; and increased wall and attic insulation beyond Title 24 requirements. Resolution No. 9234 (2001 Series) Exhibit A 6. The applicant shall be responsible for providing a running total of tlM &'t2'8fgarking requirements and allocations with the submittal of any business tax certificate, Planning or Building permit for tenant improvements. 7. To reduce circulation impacts on Broad Street, the driveway on Broad Street shall be eliminated. 8. To encourage pedestrian circulation on -site as well as off -site, the applicant shall provide walkways connecting on -site buildings as well as adjoining properties. 9. New buildings constructed on this site shall incorporate the following as feasible: • Skylights to maximize natural day lighting. • Operable windows to maximize natural ventilation. • Energy - efficient lighting systems for both interior and exterior use. 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. 10. All outdoor amenities including employee eating and recreation areas shall be located and designed so that the building placement and distance from noise sources attenuates noise levels. 11. Future site development shall include a solid waste recycling plan for recycling discarded building materials, such as concrete, sheetrock, wood, and metals, from the construction site. The plan must be submitted for approval by the Community Development Director prior to building permit issuance. 12. Existing and future site development shall incorporate convenient facilities for interior and exterior on -site recycling. A description of current recycling efforts and any plans to expand those efforts shall be submitted to the Community Development Department prior to City Council review of the annexation request. 13. Exterior lighting shall be directed downward and not spill onto adjoining properties. The maximum height of lighting equipment and supporting structures, including fixture(s), standard and base, shall not be higher than 20 feet above the finished grade. Lighting levels measured at finished grade directly beneath the fixture shall not exceed 10 footcandles. 14. Any future development shall be subject to the architectural review process to ensure against negative aesthetic impacts and compliance with City development standards including the Scenic Highways section of the Circulation Element. w 15. Site and building modifications shall be made as necessary so that the Planned Development complies with all City codes and policies including the Airport Area Specific Plan and the City's Parking and Driveway standards. J; Resolution -No. 9234 (2001 Series) Exhibit A 16. The final development plan shall provide bicycle parking and storage facilitipip 3p@F�ed by the City's Zoning Regulations. 17. A lot -line adjustment is required prior to issuance of any building permits, if permits are issued prior to filing a new subdivision map. 18. A hydrology study that analyzes the effects of the proposed development on adjacent and downstream properties will be required. The development must be designed so as not to increase flooding potential downstream; detention facilities will be required. If the study identifies on -site areas subject to 100 -yr storm flooding, the developer shall process and complete a Federal Emergency Management Agency Letter of Map Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final acceptance of any development. Any lots or building pads, identified in the hydrology study to be subject to flooding during a 100 -yr storm shall be graded to provide minimum pad elevations of at least 1 foot above the 100 -yr storm elevation. 19. The developer shall install street lighting and all associated facilities (conduits, sidewalk vaults, fusing, wiring, luminaries, etc.) per City standards and to the satisfaction of the Director of Public Works. The design of said lighting systems.shall be coordinated by the developer between the City and PG &E so as to minimize the amount of City -owned conduit and wiring system, to the satisfaction of the Director of Public Works. 20. Buildings cannot be built across a property line. At a minimum, parcels 2 and 3 shall be combined. Walls at buildings G, F, and single story storage building adjacent to property lines shall be fire- resistive construction with no openings permitted. 21. Southern Driveway: Eliminate the southern driveway onto Broad Street and focus access to and from Aero Vista Drive. 22. Sidewalks Along Broad Street: (existing c,g and sw) 23. Bicycle Parking: Both long- and short-term bicycle parking shall be provided as required by Section 17.16.060, Table 6.5 of the Zoning Regulations. The location of short-term parking (bicycle racks) shall be as stipulated by the Bicycle Transportation Plan (1993) — generally close to the main public entrances to the proposed buildings. 24. Property lines beneath buildings must be eliminated prior to building permit issuance. Buildings must comply with UBC requirements for fire ratings in relation to property lines. As proposed several buildings are located along a property line. The UBC does not allow openings along property lines, which means no windows or doors. w 25. An accessible path of travel between individual buildings is required. 26. The applicant shall contribute to the cost of preparing the Airport Area Specific Plan and constructing area -wide infrastructure improvements, according to the cost - sharing plan C', � Resolution No. 9234 (2001 Series) maintained by the City, with the fee amount reflecting the City's acceptance E h ibit bit A A, e annexation application. 27. The applicant shall coordinate with the City and the County on all frontage improvements. Aero Drive is a public street and Airport Drive is a private street owned by San Luis Obispo County. O 17�' C (. �'A �I 10 RESOLUTION NO. 9233 (2001 series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR THE GRANT FUNDS FOR URBAN RECREATIONAL AND CULTURAL CENTERS, MUSEUMS, AND FACILITIES FOR WILDLIFE EDUCATION OR ENVIRONMENTAL EDUCATION PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER, CLAEN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 FOR RENOVATION OF THE ROSA BUTRON DE CANET DE SIMMLER ADOBE WHEREAS, the people of the State of California have enacted the Urban Recreational and Cultural Centers, Museums, and Facilities for Wildlife Education for Environmental Education Program, which provides funds to the State of California Indian Tribes; and WHEREAS, the California Department of Parks and Recreation has been delegated the responsibility for the administration of the Program within the state and grant Project shown above, setting up necessary procedures; and WHEREAS, said procedures established by the California Department of Parks and Recreation require the Applicant's Governing Body to certify by resolution the approval of the application before submission to the State; and WHEREAS, the Applicant will enter into a Contract with the State of California for renovation of the Rosa de Canet de Simmler Adobe; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Approves the filing of an application for local assistance funds from the Urban Recreational and Cultural Centers, Museums, and Facilities for Wildlife or Environmental Education Grant Program under the Safe Neighborhood Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000; and 2. Certifies that the Applicant has or will have sufficient funds to operate and maintain the Project; and Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and 4. Appoints the City Administrative Officer as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned Project. R 9233 Resolution No. 9233 (2001 Series) Page 2 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 The foregoing resolution was adopted this 2nd day of Oa ATTES .: Lee Price; City:Clerk AS TO FORM: � O �� \�v. � �� j� V� EN RESOLUTION NO. 9232 (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXPENDITURE OF $100,000 FROM THE 2001 -02 STATE BUDGET TO CONTINUE FUNDING PUBLIC SAFETY PERSONNEL WHEREAS, the adoption of the 2001 -02 State budget, includes continuation of AB 1913 which established the Supplemental Local Law Enforcement Fund; and WHEREAS, AB 1913 appropriated $100 million to supplement local law enforcement budgets; and WHEREAS, the City of San Luis Obispo has received $100,000 from the 2001 -02 California State budget as granted under AB 1913; and WHEREAS, the funds may be applied to projects and front line municipal police services which are in existing budgets but are under- funded; and WHEREAS, a public hearing was held on September 18, 2001, to receive public input on the recommendations for the use of these funds; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo approves the expenditure of $100,000 as received from the 2001 -02 California State budget to assist in funding Public Safety personnel, and authorizes the City Administrative Officer to execute any grant related documents. Upon 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 adopted this 18th day of September 2001. (A Lee Price; City Clerk . Mayor Allen Settle APPROVED AS TO FORM: 9 q01 RESOLUTION NO. 9231 (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE CULTURAL HERITAGE COMMITTEE'S ACTION, THEREBY FINDING PROPERTY AT 756 PALM STREET TO BE A HISTORIC RESOURCE CONSISTENT WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT CRITERIA (ARC 164 -00) WHEREAS, on May 29, 2001, the Cultural Heritage Committee conducted a public hearing and, based on the documentation and public testimony presented, found the property at 756 Palm Street to be historically and architecturally significant and recommended that the City Council add the property to the list of contributing historical properties; and WHEREAS, Brian Campbell filed an appeal of the Cultural Heritage Committee's action on behalf of the property owner, Ralph Peters, on June 8, 2001; and WHEREAS, the City Council conducted a public hearing on September 18, 2001, and has considered testimony of the appellant, interested parties, the records of the Cultural Heritage Committee hearings and action, and the evaluation and recommendation of staff, and 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 Cultural Heritage Committee's recommendations; the appellants' statement, staff recommendations and reports thereof, makes the following findings regarding the property's historic significance pursuant to the historic resource criteria outlined in the City's Historical Preservation Program Guidelines: 1. The structure located at 756 Palm Street slated to be demolished or relocated is historically and architecturally significant because it represents, in its scale, massing and site integrity, an early American Era "Folk Victorian" structure characteristic of homes built on the fringes of Mission and Presidio properties in Mission communities; and 2. The proposed development project is not architecturally compatible with the surrounding area because it is not in keeping with the scale or massing of structures typically built in the late 19' century on the fringes of Mission or Presidio structures. SECTION 2. Appeal Denied. The appeal of the Cultural Heritage Committee's action is hereby denied. R 9231 C�� O Resolution No. 9231 (2001 Series) Page 2 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 18' day of September 2001 Mayor Allen AT EST: Lee Price, City Clerk APPROVED AS TO FORM %A /rYUZ&" V Af � V� `d U` Lv ) ,v J t 0 0 C� O RESOLUTION NO. 9230 (2001 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 2001 -02 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 FOR ACQUISITION OF THE AHEARN PROPERTY WHEREAS, the People of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire and/or develop facilities for public recreational and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of a portion of the program within the state, setting up necessary procedures governing application by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 state grant assistance for the Ahearn property acquisition project for purposes of habitat protection and enhancement; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match and will have sufficient funds to operate and maintain the project, and 4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. On motion of Council Member Mulholland, 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 R 9230 o Resolution No. 9230 (2001 Series) Page 2 The foregoing resolution was adopted this 18`x' day of September 2001. Lee Price, Of Clerk APPROVED AS TO FORM: �, 76�,� Allen K. Settle, Mayor ,�;�� o 0 RESOLUTION NO: 9229 (2001 SERIES) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE RECREATIONAL TRAILS THROUGH THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION WHEREAS, the Transportation Equity Act For The 2151 Century provides funds to the State of California for grants to state, local and non -profit organizations to acquire, develop and/or maintain motorized and non - motorized trail purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing project application under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application before submission of said application to the State; and WHEREAS, the City intends to restore and upgrade trails in the open space areas of Islay Hill, Bishop Peak, Reservoir Canyon, Cerro San Luis, Irish Hills, and Laguna Lake; and WHEREAS, the applicant will enter into an agreement with the State of California to complete the projects; NOW, THEREFORE, BE IT RESOLVED that the City of San Luis Obispo City Council hereby: Finds that the project is a categorical exemption under the California Environmental Quality Act, sections 15302 and 15304; and 2. Approves the filing of an application for the Recreational Trails Program, (RTP); and 3. Certifies that said applicant has or will have available prior to commencement of any work on the has or will have available prior to commencement of any work on the project included in this application, sufficient funds to operate and maintain the projects; and 4. Appoints the Recreation Manager Il as agent of the City of San Luis Obispo 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 projects. R 9229 Resolution No. 9229 (200'1 Series) Page 2 Upon motion of Council Member Mulholland, 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 adopted this 18' day of September 2001. zw� Mayor Allen Settle 1 ATTEST: Lee Pri& Citv Clerk APPROVED AS TO FORM: ��/�i� mon, .� 91 Attorney E_ JJj, RESOLUTION NO. 9228 (2001 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR THE CANNON ANNEXATION (LAFCo Application # 67) (City File No. ANNXIPD/ER 148 -00) WHEREAS, in the case of a jurisdictional change other than a city incorporation or district formation which will alter the service area or responsibility of a local agency, Revenue and Taxation Code Section 99(a)(1) requires that the amount of property tax revenue to be exchanged, if any, and the amount of annual tax increment to be exchanged among the affected local agencies shall be determined by negotiation; and WHEREAS, when a city is involved, the negotiations are conducted between the City Council and the Board of Supervisors of the County; and WHEREAS, when a special district is involved, the negotiations are conducted by the Board of Supervisors of the County on behalf of the district or districts, unless otherwise requested by said district or districts pursuant to Revenue and Taxation Code Section 99(b)(5); and WHEREAS, Revenue and Taxation Code Section 99(b)(6) requires that each local agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated exchange of property tax revenues, if any, and annual tax increment and requires that each local agency.transmit a copy of each such resolution to the Executive Officer of the Local Agency Formation Commission; and WHEREAS, no later than the date on which the certificate of completion of the jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the County Auditor of the exchange of property tax revenues by transmitting a copy of said resolution to the County Auditor, and the County Auditor shall thereafter make the appropriate adjustments as required by law; and WHEREAS, the negotiations have taken place concerning the transfer of property tax revenues and annual tax increment between the County of San Luis Obispo and the City of San Luis Obispo pursuant to Section 99(a)(1) for the jurisdictional change designated as Annexation No. 67 to the City of San Luis Obispo; and WHEREAS, the negotiating parties, to wit: Assistant Administrative Officer, County of San Luis Obispo, and Assistant City Administrative Officer, have negotiated the exchange of property tax revenue and annual tax increment between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increment be consummated. R 9228 Resolution No. 9228 (260 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the recitals set forth above are true, correct, and valid. 2. That the City of San Luis Obispo agrees to accept the following negotiated exchange of base property tax revenues and annual tax increment: (a) No base property tax revenue shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo. (b) No annual tax increment shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo. 3. Upon receipt of a certified copy of this resolution and a copy of the recorded certificate of completion, the County Auditor shall make the appropriate adjustments to property tax revenues and annual tax increments as set forth above. 4. That the City Clerk is authorized and directed to transmit a certified copy of the resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law. On motion of Council Member Mulholland, 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 18' day of Septpler 2001. Mayor Allen Settle ATTES Lee Price-, City Clerk APPROVED: / • �• rIenAty Attorney ' 1 C� J RESOLUTION NO. 9227 (2001 Series) RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR THE CREEKSIDE ANNEXATION (LAFCo Application # 66) (City File No. ANNX/PD/ER 209 -99) WHEREAS, in the case of a jurisdictional change other than a city incorporation or district formation which will alter the service area or responsibility of a local agency, Revenue and Taxation Code Section 99(a)(1) requires that the amount of property tax revenue to be exchanged, if any, and the amount of annual tax increment to be exchanged among the affected local agencies shall be determined by negotiation; and WHEREAS, when a city is involved, the negotiations are conducted between the City Council and the Board of Supervisors of the County; and WHEREAS, when a special district is involved, the negotiations are conducted by the Board of Supervisors of the County on behalf of the district or districts, unless otherwise requested by said district or districts pursuant to Revenue and Taxation Code Section 99(b)(5); and WHEREAS, Revenue and Taxation Code Section 99(b)(6) requires that each local agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated exchange of property tax revenues, if any, and annual tax increment and requires that each local agency transmit a copy of each such resolution to the Executive Officer of the Local Agency Formation Commission; and WHEREAS, no later than the date on which the certificate of completion of the jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the County Auditor of the exchange of property tax revenues by transmitting a copy of said resolution to the County Auditor, and the County Auditor shall thereafter make the appropriate adjustments as required by law; and WHEREAS, the negotiations have taken place concerning the transfer of property tax revenues and annual tax increment between the County of San Luis Obispo and the City of San Luis Obispo pursuant to Section 99(a)(1) for the jurisdictional change designated as Annexation No. 66 to the City of San Luis Obispo; and WHEREAS, the negotiating parties, to wit: Assistant Administrative Officer, County of San Luis Obispo, and Assistant City Administrative Officer, have negotiated the exchange of property tax revenue and annual tax increment between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increment be consummated. R 9227 / \ O Resolution No. 9227 (20ul Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: That the recitals set forth above are true, correct, and valid. 2. That the City of San Luis Obispo agrees to accept the following negotiated exchange of base property tax revenues and annual tax increment: (a) No base property tax revenue shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo. (b) No annual tax increment shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo. 3. Upon receipt of a certified copy of this resolution and a copy of the recorded certificate of completion, the County Auditor shall make the appropriate adjustments to property tax revenues and annual tax increments as set forth above. 4. That the City Clerk is authorized and directed to transmit a certified copy of the resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law. On motion of Council Member Mulholland, 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 18' day of Septe r 2001. �) Mayor Allen Settle Lee Price, City Clerk APPROVED AS TO FORM: ./� . sen/City Attorney V tjk 0 RESOLUTION NO. 9226 (2001 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING REVISED POLICIES ON LEASING OF CITY -OWNED BUILDINGS WHEREAS, the City often owns buildings that it wishes to lease, either permanently or on an interim basis; and WHEREAS, the City has adopted policies on leasing property as part of its Property Management Manual; and WHEREAS, the City finds that these current leasing policies do not adequately address all potential rental situations, particularly when non - profit organizations are involved; and WHEREAS, the City believes that the current policies should be updated and revised; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the revised Policies on Leasing City-Owned Buildings, Exhibit A, be adopted. Upon motion of Council Member Marx, 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 adopted this 4' day of September 2001. Mayor Allen Settle ATTEST: Lee Price, ity Clerk APPROVED AS TO FORM: i Cot. Jeffrey G. Jorgensen, rty Attorney R 9226 C C Resolution No. 9226 (2001 Series) Exhibit A Page 1 of 2 POLICIES ON LEASING CITY -OWNED BUILDINGS The City often has the occasion to lease buildings it owns to outside parties. According to Government Code Sec. 54220, before a lease is awarded, City -owned property must be offered to (1) housing authorities, (2) parks, recreation and open space areas, (3) enterprise zones, (4) schools. A proposal from these entities need only be accepted if the terms are acceptable to the City. Assuming the City first fulfills its obligation under Government Code 54220, but determines that it is in the City's best interest to lease to a party other than those listed in the Code, the following policies will be used. Long -Term Uses 1. Buildings permanently intended for non - residential uses (such as retail or office) and located on land zoned for those uses. a.. The City shall use the services of a local private sector real estate agent to advertise, locate and manage the lessees. b. Renters or lessees shall pay comparable market rents. C. The net different between the manager's fees and the rents collected shall accrue to the City. d. Lessees shall agree to make all tenant improvements and comply with all City zoning and land use requirements, including any special conditions the City Council may place on the property. e. Lessees shall conform to the City's non - discrimination requirements. Typical buildings in this category include: Office space located in the Marsh Street Parking Garage Structure. 2. Buildings permanently intended for specific City- approved purposes by others, such as cultural uses. a. The lessee shall be a non - profit organization whose stated purpose is a public benefit aligned with the goals and directions of the City of San Luis Obispo. b. The proposed use must further the Council's intended goals or policies for the specific property, and shall not conflict or preclude any existing or planned City use. C. The proposed use should be consistent with the goals and objectives of the City's General Plan for land use. d. Any development of operations directly related to the proposed use shall be in the public interest and supply measurable benefit to the public. e. The lease agreement must include a provision for community and/or City use. f. Lessee shall be determined either by a specific organization requesting use of the building or by the City actively seeking out an organization to fulfill the Council- approved use for the property. g. Approved lessees shall conform to the City's non - discrimination requirements. 0 0 Resolution No. 9226 (2001 Series) Exhibit A Page 2 of 2 h. Lessees shall be responsible for all general maintenance and upkeep of the property and any expansion or improvement of the building, unless the Council otherwise chooses to help fund that expansion or improvement. i. The long -term lease shall be at a rate of $1 per year, unless the Council determines otherwise. Typical buildings in this category include: The Children's Museum, the Art Center and the Railroad Historic Museum. Interim Uses 3. Buildings on land eventually intended for other purposes, which are available for interim residential use and located on land zoned for that use. a. The property shall be managed by the San Luis Obispo Housing Authority. Each property will be evaluated on its particular merits and an appropriate agreement will be developed between the City and the Housing Authority. Typical buildings in this category include: residential units along Bullock Lane that will eventually be demolished to make room for the Orcutt Road widening and grade improvement project. 4. Buildings on land eventually intended for other purposes, which are available for interim uses on land zoned for other than residential uses. a. The Council shall determine the best use of the property. b. Unless the Council determines otherwise, the City shall use the services of a local private sector real estate agent to advertise the property, and locate and manage lessees. b. Lessees shall pay comparable market rents. C. Lessees shall conform to the City's non - discrimination requirements. d. Lessees shall agree to make all tenant improvements and comply with all City zoning and land use requirements, including any special conditions the City Council may place on the property. e. The City shall give direction to the property manager as to the length of the lease term, since business /office users that install tenant improvements generally want lease terms long enough to recover those costs. f. The net different between the manager's fees and the rents collected would accrue to the City. Typical buildings in this category include: 610 Monterey Street 2 0 0 ���' �� RESOLUTION NO. 9225 (2001 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE 700 ACRE IRISH HILLS NATURAL RESERVE WHEREAS, the City of San Luis Obispo acquired by dedication in 2000 and 2001 two properties in the Irish Hills; known as the DeVaul Open Space and the Prefumo Open Space; and WHEREAS, the City of San Luis Obispo has purchased the 154 acre Foster property from Jack and Pat Foster, which will physically connect all three of these properties into a single land unit; and WHEREAS, the City of San Luis Obispo has adopted policies for protection, management, and public use of open space lands acquired by the City; and WHEREAS, said policies permit the City Council to designate such lands in various ways, in order to set the direction of that protection, management, and public use; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby 1. Declares that the three properties commonly known as the DeVaul Open Space, Foster Open Space, and Prefumo Open Space shall henceforth be collectively known as the Irish Hills Natural Reserve. 2. Directs the City Administrative Officer to undertake all actions necessary and appropriate to cant' out this resolution. On motion of Council Member Schwartz, 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 4' day of September 2001. Allen Settle, Ma}ror' R 9225 n Resolution No. 9225 (200- Series) Page 2 APPROVED AS TO FORM: d /i�• �� ` effrey G. Jorgensen, City Attorney ��� b „� �'�� 11 L' 0-1