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HomeMy WebLinkAbout9525-9544RESOLUTION NO. 9544 (2004 Series) A RESOLUTION OF THE, COUNCIL OF THE CITY OF SAN LUIS OBISPO AMEDING THE GENERAL PLAN LAND USE ELEMENT TO MAINTAIN CONSISTENCY WITH THE UPDATED HOUSING ELEMENT OF THE GENERAL PLAN WHEREAS, State law requires cities and counties to adopt a general plan. The general plan includes seven required elements, one of which is the housing element. The housing element must be updated every five (5) years or as otherwise provided by State law; and WHEREAS, the City of San Luis Obispo has prepared an updated Draft General Plan Housing Element to address community wide housing needs, challenges and opportunities, and to meet State law; and WHEREAS, the Planning Commission and the City Council have held public hearings on the updated Housing Element in accordance with the California Government Code; and WHEREAS, review of the proposed updated Housing Element has necessitated the need for minor revisions to the General Plan Land Use Element in order to maintain consistency between it and the updated Housing Element NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council has reviewed and considered the effects of the proposed minor revisions as part of the Housing Element update, as described in the initial study and the negative declaration for ER No. 33 -02, and hereby approves a negative declaration of environmental impact for the project. SECTION 2. Land Use Element Amendments. The General Plan Land Use Element is hereby amended to maintain consistency with the updated Housing Element, as shown in Exhibit A. SECTION 3. Effective Date. The Land Use Element Amendments shall take effect immediately. Upon motion of Council Member Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES:, None ABSENT: None R 9544 Resolution No. 9544 (2004 Series) Page 2 The foregoing resolution was adopted this 30th day of March; 2004. City Clerk APPROVED AS TO FORM: JorhtbAdP. Lowell City Attorney Mayor David F. Romero EXHIBIT A 0 CITY OF SAN LUIS OBISPO LAND USE ELEMENT AMENDMENTS (Text to be deleted is in strikeout; text to be added is underlined Amend the General Plan Land Use Element as follows: LU 3.1.6: Building Intensity The ratio of building floor area to site area shall not exceed 3.0, except that downtown sites which receive transfers of development credits for open space protection shall not exceed 4.0. The Zoning Regulations will establish maximum building height and lot coverage, and minimum setbacks from streets and other property lines, as well as procedures for exceptions to such standards in special circumstances.. Architectural review will determine a project's realized building intensity, to reflect existing or desired architectural character in a neighborhood. With the. exception of the Downtown Core, when dwellings are provided.in General Retail districts, they shall not exceed 36 units per acre. Council may, by ordinance, establish flexible development standards for residential and mixed -use developments in the.Downtown Core, including residential density that exceeds.36_units per acre . So long as the floor area ratio is not exceeded, the maximum residential density may be developed in addition to nonresidential development on a site. LU 4:2.2: Dwellings and Offices Residential uses within some downtown areas designated Office prior to this element's 1994 update should be maintained; or replaced as new offices are developed. The City should amend the Downtown Housing Conversion Permit process to preserve the number of dwellings in the Downtown Core (C -D zone) and the Downtown Planning Area by adopting a "no net housing loss" program by amending the Downtown Housing Conversion Permit ordinance. The amendment shall ensure _that within each area, the number of dwellings. removed shall not exceed the number of dwellings added. identify amas "his pfad mfi-and - residea ial, acid. fedesignate them f6i f@sideatiW -use� -h Fla-? Y. n 0 Land Use Element Amendments, Exhibit A Page 2 , • Amth . offiee, °;te °r- semAwkfm�-within the "resideetiat/e€€iee" e= in dei zone, the- Ito fl- office RESOLUTION NO. 9543 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AND CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE UPDATED HOUSING ELEMENT OF THE GENERAL PLAN WHEREAS, State law requires cities and counties to adopt a general plan. The general plan includes seven required elements, one of which is the housing element. The housing element must be updated every five (5) years or as otherwise provided by State law; and WHEREAS, the City of San Luis Obispo has prepared an updated Draft General Plan Housing Element to address community wide housing needs, challenges and opportunities, and to meet State law; and WHEREAS, the Planning Commission and the City Council have held public hearings on the updated Housing Element in accordance with the California Government Code; and WHEREAS, the potential environmental impacts of the updated Housing Element have been evaluated in accordance with the California Environmental Quality Act pursuant to an initial environmental study (City File Number ER 33 -02), and the Community Development Director has granted a negative declaration of environmental impact; and WHEREAS, the Planning Commission recommends the City Council approve the negative declaration of environmental impact and the updated Housing Element; and WHEREAS, The City Council has reviewed and considered the information contained in the initial study and the negative declaration for ER No. 33 -02 prepared for this Housing Element Update. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. This Council, as a result of its deliberations, Planning Commission recommendation, the initial environmental study, and the evidence presented at hearings on this matter, determines that as required by the California Environmental Quality Act ( "CEQA ") and the State CEQA Guidelines, a negative declaration adequately addresses the potential environmental impacts of the Housing Element Update. On the basis of this review, the City Council finds that there is no evidence from which it can be fairly argued that the project will. have a significant, adverse effect on the environment, and hereby certifies and approves the negative declaration of environmental impact for the Updated Housing Element; and finds that the further amendments thereto, as contained in the 2004 Final Draft Housing Element are substantially consistent with the August 2,003 Draft Housing Element on which the initial study was prepared, and do not pose any significant adverse impacts which were not previously considered as part of ER 33 -02. R 9543 0 0 Resolution No. 9543 (2004 Series) Page 2 SECTION 2. Effective Date. The approval and certification of the negative declaration of impact shall take effect immediately. Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan and Settle, Vice Mayor Schwartz and Mayor Romero NOES: Council Member Mulholland ABSENT: None The foregoing resolution was adopted this 30`s day of March, 2004. Mayor David F. Romero Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jo at . Lowell City Attorney C IC RESOLUTION NO. 9542 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A DOWNTOWN PEDESTRIAN LIGHT STANDARD WHEREAS, the City of San Luis Obispo identified a need to provide pedestrian lighting in the downtown; and WHEREAS, the Architectural Review Commission conducted a public hearing on March 17, 2003, for the purpose of reviewing a pedestrian scale light standard for use in the downtown; and WHEREAS, the Architectural Review Commission approved the pedestrian scale light standard for use in the downtown. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City of San Luis Obispo hereby adopts the pedestrian scale light standard as shown in Exhibit "A" and hereby establishes a Downtown Pedestrian Lighting District as shown in Exhibit `B" and directs staff to incorporate the pedestrian scale light standard into the Standard Specifications and the Engineering Standards. Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Ewan, and Mayor Romero NOES: None ABSENT: None Mulholland and Settle, Vice Mayor Schwartz The foregoing resolution was adopted this 16`h day of March, 2004. ATTEST: Lee Price, C.M.C. City Clerk Mayor David F. Romero R 9542 G O Resolution No. 9542 (2004 Series) Page 2 APPROVED AS TO FORM: Jona well City Attorney Resolution No. 9542 (2004 Series) • Exhibit A MANUFACTURER k MODEL NO: I UMINAIRE' WMEC 70MH- L1_78 -PC- CPO- SE3 -OTA /120 - SF3- FN1 -PH7 /120- SCTX- LMS26434A ECIE: LUMEC. R50- 12- SCTX- LMS28434A COLOR - (SCTX) SPECIAL ORDER POWDER COAT COLOR WITH TEXUTED FINISH TO COMPLY WITH ADOPTED DOWNTOWN COLOR SCHEME (DARK FOREST GREEN). O HIM - SPUN ALUMINUM HOOD AND CUPOLA WITH A CAST ALUMININUM FNIAL (FN1) QZ LAM2 - 70 WATT METAL HALIDE: COATED. MED BASE. ED17 BULB O3 OPTION SYSTE M -(SE3) IES TYPE III ASYMETRICAL RATED AS SEMI - CUTOFF. ® NON@ DIFFU ING (POND) O CLEAR PARTIALLY OBSCURE POLYCARBONATE GLOBE O B41 LA - 120V WITH POWER FACTOR OF 90%. IF VOLTAGE UNKNOWN ORDER (OTA/120) MULTI -TAP BALLAST 120/208/240/277., © EM - (SF3) DECORATIVE CAST ALUMINUM ADAPTER. O7 PHOTOCELL - (PH7/120) 120V BUTTON TYPE PHOTOCELL Og BANNER ARM /PLANT HANGER - POLE MAY REQUIRE AN OPTIONAL BANNER ARM OR PLANT HANGER. CITY SHALL DETERMINE. O PMMECHANI (CALLY ASSEM13LEDGTO ROUND CAST ALUMINUM SHAFT UM BASE WITH INIERGRAL CAST -IN ANCHOR PLATE ANCHOR BOLTS - GALVANIZED STEEL 19mm0 X 450mm X SCmm 11 PULL BO - y3)4 PULL BOX PER STATE STANDARD PLAN ES -8 © PCC FOUNDATION GENERAL NOTES: A. INSTALLATION SHALL CONFORM TO THE.PROVISIONS IN SECTION 86 OF THE STANOARO SPECIFICATIONS. B. PROVIDE PHOTOCELL AS SHOWN UNLESS CONTROLLED BY REMOTE PEU C. REFER TO THE UNIFORM DESIGN CRITERIA D. INSTALL CITY FURNISHED STREET LIGHT NUMBER PLAQUE, 2.4 m FROM GROUND LEVEL. BOLT CIRCLE: 31 ACCEPTS 305 TO MORTAR GAP PLUMBING FIX ANCHOR PLATE BASE DETAILS BOLT IROJECTION REVISIONS BY I APP DATE city Or New standard SR JD Pr 10 -03 IIIIIIIIIIIII�������III�I�I san DOWNTOWN Notes C and D SR JDW 20 -03 AL S PEDESTRIAN LIGHTING STANDARD CURRENT AS OF: January 2004 OBISPO � 7915 J O O /� �� • • �� I C, O RESOLUTION NO. 9541(2004 Series) RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD AUTHORIZING THE ISSUANCE AND SALE OF 2004 REFUNDING LEASE REVENUE BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $8,600,000 FOR THE PURPOSE OF REFINANCING ITS 1994 BONDS, AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS WHEREAS, the City Council of the City of San Luis Obispo (the "City") has previously adopted its Ordinance No. 1059 (1986 Series) on April 15, 1986, 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 its Lease Revenue Bonds (Capital Improvement Projects), Series 1986 in the aggregate principal amount of $13,970,000 (the "1986 Bonds "); and WHEREAS, the Board refinanced the 1986 Bonds from the proceeds of its 1994 Refunding Lease Revenue Bonds (Capital Improvement Projects) issued in the aggregate principal amount of $11,780,000 (the "1994 Bonds "), which are payable from lease payments made by the City under a First Amended and Restated Lease Agreement dated as of October 1, 1994 (the "1994 Lease "), between the Board as lessor and the City as lessee of the properties which were originally financed from the proceeds of the 1986 Bonds; and WHEREAS, the 1994 Bonds are subject to redemption in full on June 1, 2004, and due to favorable conditions in the municipal bond market, the City and the Board wish to realize interest rate savings by refinancing the outstanding 1994 Bonds at this time; and WHEREAS, to that end the Board wishes to authorize the issuance and sale of its 2004 Refunding Lease Revenue Bonds in the maximum principal amount of $8,600,000 (the `Bonds ") under the provisions of Articles 10 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with Section 53570 of said Code (the "Bond Law "), and to authorize the execution and delivery of all related documents; NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of San Luis Obispo Capital Improvement Board as follows: SECTION 1. Authorization of Bonds. The Board of Directors hereby authorizes the issuance of the Refunding Bonds under the Bond Law in the maximum principal amount of $8,600,000, for the purpose of providing funds to refinance the outstanding 1994 Bonds in full The Refunding Bonds shall be issued under the Indenture of Trust which is approved below. 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 Bonds and the refinancing of the 1994 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: R 9541 o Resolution No. 9541 (2004 Series) Page 2 • Indenture of Trust, between the Board and U.S. Bank National Association, as trustee (the "Trustee ", setting forth the terms and provisions relating to the Refunding Bonds. • Second Amended and Restated Lease Agreement, between the Board as lessor and the City as lessee, which amends and restates the 1994 Lease for the purpose (among others) of incorporating provisions relating to the 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 refinancing; • 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 Bond owners, and the Board the Trustee terminate the assignment previously made for the security of the 1994 Bonds; and • Irrevocable Refunding Instructions, given by the Board to U.S. Bank National Association, as trustee for the 1994 Bonds, providing the investment and administration of funds to refinance the 1994 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 Bonds, as determined in accordance with the Notice Inviting Bids. SECTION 4. Publication of Notice. Under 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 Bonds. The Secretary is hereby authorized and directed to cause the Notice of Intention to Sell Bonds to be published once at least 10 days before the date set for receipt of bids on the Bonds, in a newspaper of general circulation published in the City of San Luis Obispo as required by Section 53583(c) of the Bond Law. SECTION 5. Official Statement. The Board of Directors hereby approves the preliminary Official Statement describing the 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 Financial Adviser 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 C O Resolution No. 9541 (2004 Series) Page 3 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 under 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 if such officer is absent or unavailable. SECTION 7. Effective Date: This Resolution shall take effect immediately upon its passage and adoption. On motion of Council Member Ewan seconded by Council Member Mulholland and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 16th day of March 2004. Mayor David F. Romero City Clerk APPROVED AS TO FORM: Jona owell City Attorney -��n -� O O a -��L�. U u�Ct,,`L� �ot� � �� `� l�.L � (�� � �-� `�I��o�� w o;. ,, °fit- °:.,�','_ `'a ` `` �� `°y,, °.:,. U RESOLUTION NO. 9540 (2004 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING DOCUMENTS AND ACTIONS RELATING TO THE REFINANCING OF OUTSTANDING 1994 BONDS BY THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD WHEREAS, the City Council of the City of San Luis Obispo (the "City ") has previously adopted its Ordinance No. 1059 (1986 Series) on April 15, 1986, 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 its Lease Revenue Bonds (Capital Improvement Projects), Series 1986 in the aggregate principal amount of $13,970,000 (the "1986 Bonds "); and WHEREAS, the Board refinanced the 1986 Bonds from the proceeds of its 1994 Refunding Lease Revenue Bonds (Capital Improvement Projects) issued in the aggregate principal amount of $11,780,000 (the "1994 Bonds "), which are payable from lease payments made by the City under a First Amended and Restated Lease Agreement dated as of October 1, 1994 (the "1994 Lease "), between the Board as lessor and the City as lessee of the properties which were originally financed from the proceeds of the 1986 Bonds; and WHEREAS, the 1994 Bonds are subject to redemption in full on June 1, 2004, and due to favorable conditions in the municipal bond market, the City and the Board wish to realize interest rate savings by refinancing the outstanding 1994 Bonds at this time; and WHEREAS, to that end the Board has authorized the issuance and sale of its 2004 Refunding Lease Revenue Bonds in the maximum principal amount of $8,600,000 (the "Bonds ") under the provisions of Articles 10 and 11 of Chapter 3 of Part 1 of Division 2 of Title 5 of the California Government Code, commencing with Section 53570 of said Code (the `Bond Law "), and has authorized the execution and delivery of all documents and actions required to issue and sell the Bonds; and WHEREAS, the City Council has previously approved the lease which was entered into in connection with the 1986 Bonds and which was amended and restated by the 1994 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 City Council wishes at this time to approve all proceedings to which it is a party relating to the issuance and sale of the Bonds and the refinancing of the 1994 Bonds; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. AAvproval of Financing Plan and Related Lease. The City Council hereby approves the refinancing of the 1994 Bonds as set forth in the financing plan outlined in the R 9540 C 0 Resolution No. 9540 (2004 Series) Page 2 recitals of this Resolution. To that end, the City Council hereby approves the Second Amended and Restated Lease Agreement (the "Lease ") between the Board as lessor and the City as lessee, which amends and restates the 1994 Lease for the purpose (among others) of incorporating provisions relating to the 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 refinancing. The City Council approves the Lease in substantially the form 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. 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 the Lease. SECTION 2. Issuance and Sale of Bonds by Board. The City Council hereby approves the issuance of the Bonds by the Board under the Bond Law in the aggregate principal amount of not to exceed $8,600,000, for the purpose of providing funds to refinance the 1994 Bonds. The City Council hereby approves the competitive sale of the Bonds by the Board in accordance with the resolution of the governing body of the Board relating thereto. SECTION 3. Official Statement. The City 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 City 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 under 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 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 passage and adoption. 0 0 Resolution No. 9540 (2004 Series) Page 3 Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Ewan, and Mayor Romero NOES: None ABSENT: None Mulholland and Settle, Vice Mayor Schwartz the foregoing Resolution was passed and adopted on March 16, 2004. ATTEST: Lee Price, ( City Clerk'. APPROVED AS TO FORM: Jon h . Lowell City Attorney J Mayor David F. Romero �,� t�C�res� ,�I�.t,C. ��-ecl 4� � ' i- �� `) C� • RESOLUTION NO. 9539 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES FOR POSTING BANNERS AT SAN LUIS OBISPO BASEBALL STADIUM WHEREAS, the placing of banners at San Luis Obispo Baseball Stadium by users is permitted under Council action on November 4, 2003; and WHEREAS, revenues from banner installation can assist in offsetting maintenance and operating costs for the Stadium; and WHEREAS, it is the policy of the City of San Luis Obispo to review service charges on an ongoing basis and to adjust them as required to ensure that they remain adequate to achieve adopted cost recovery goals; and WHEREAS, in accordance with this policy the Council adopted Resolution No. 9130 on November 21, 2000 updating the City's updated master fee schedule on a comprehensive basis; and WHEREAS, the Council considered amendments to the master fee schedule at a public hearing on March 16, 2004 based on a detailed analysis of costs and funding requirements to meet adopted cost recovery goals. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City's master fee schedule is hereby amended as follows, effective April 1, 2004 SECTION 1. Amend the City's Master Fee Schedule to include the following fees for Stadium Banner Installation: a) $25.00 for a banner 4 feet by 8 feet or less; b) $50.00 for a banner larger than 4 feet by 8 feet. SECTION 2. Written permission from all affected users must be obtained prior to the installation of the banners at the Stadium. SECTION 3. Payment for all banners installed at the Stadium is due within 10 days upon presentation of the invoice. Upon motion of Council Member Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None R 9539 C • Resolution No. 9539 (2004 Series) Page 2 The foregoing resolution was adopted this 16th day of March, 2004. Mayor David F. Romero ATTEST: ,( '(J2_ Lee Price, City Clerk APPROVED AS TO FORM: Jona . Lowell City Attorney Ir 14(- n0� C • RESOLUTION NO. 9538 (2004 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE EMPLOYMENT CONTRACT OF KRISTIN ANSARI, PROMOTIONS COORDINATOR, FOR THE PERIOD OF MARCH 17, 2004 THROUGH JUNE 309 2004 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the contract of employment between the City of San Luis Obispo and Kristin Ansari as Promotions Coordinator for the period of March 17, 2004 through June 30, 2004, attached hereto as Exhibit "A" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. On motion of Council Member Mulholland and seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 16`s day of March 2004. Mayor David F. Romero Lee Price, C.M.C. City Clerk APPROVED AS TO FORM AND CONTENT: Jon .Lowell, City Attorney R 9538 m N 0 n Exhibit A THIS CONTRACT is entered into this 17th day of March, 2004, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and KRISTIN ANSARI, a contract employee (hereinafter referred to as "Employee "). WHEREAS, the City of San Luis Obispo has a need for a Downtown Association (DA) Promotions Coordinator (PC); and WI3EREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are DA PC. NOW, T ERFFORE, the parties do mutually agree as follows: 1. FmploNnent. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services Pursuant to this Contract, Employee shall provide to City the following services: PC for the DA; specific duties and responsibilities to be established and modified from time to time by the DA Board. Employee shall perform said services under the direct supervision of DA Administrator. 3. Emi ln=ent Stat„s. Employee shall be a full -time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with 6 % of Employee's share to be paid by Employee and 2% of the Employee's share paid by the Downtown Association. Employee shall receive 13 days of holiday and accrue sick leave at a rate of 8 hours per month. Employee shall accrue 8 hours of vacation per month over the term of this Agreement which shall betaken in a manner consistent with other City employees. The only other paid benefit is medical 0 0 coverage not to exceed $2,000.00 annually. Employee shall be eligible for reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her private automobile for official business but not including any mileage attributable to normal commuting by Employee to and from her office. Employee understands and agrees that her term of employment is governed only by this Contract; that no right of tenure is created hereby, and that she does not hold a position in any department or office of the City. 4. Warranty of F.mplayee. Employee warrants that she is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. .Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of $2,708 per month ($32,500.00 per year). Said compensation to be paid in accordance with normal City procedures. 6. Tern, of Contract. This Contract shall commence on March 17, 2004 through June 30, 2004, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper. 8. Termination of Contract for Canse. If Employee fails to perform her duties to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the o� o obligations under this Contract, or if Employee shall violate any of the terms of provisions of this Contract, or if Employee has a physical or mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire Ag=ment and Madification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Nnn- Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. Covenant. This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the K parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of the Contract. 12. NondiccriTnination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects her personal interest or the interest of any corporation, partnership, or association in which she is directly or indirectly interested. 14. Cow. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without the prior written approval of the City. a. Employee may engage in outside activities such as part -time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts- of- interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of DA PC or give rise to the appearance of impropriety. 16. Fnfnmeahility. If any terns, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first hereinabove set forth. • CITY OF SAN LUIS OBISPO r Mayor David F. Romero EMPLOYEE: 1< Al "Alt ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM Jon Lowell City Attorney Kristin Ansari w RESOLUTION NO. 9537 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE PROMOTIONAL COORDINATING COMMITTEE BYLAWS WHEREAS, pursuant to the City of San Luis Obispo's Advisory Body Handbook, the Promotional Coordinating Committee reviewed its bylaws and the resolution creating the Committee. WHEREAS; the Promotional Coordinating Committee wishes to bring its bylaws into conformance with the Brown Act-and has forwarded recommendations to the City Council to revise them. NOW THEREFORE; BE IT RESOLVED, by the Council of the City of San Luis Obispo that Article 4, Section G of the Promotional Coordinating Committee Bylaws is hereby amended to read as follows: A special meeting may be called at any time by the Chairperson or majority of the committee members currently serving on the PCC; provided that each. member is given notice of the special meeting at least 24 hours prior to the meeting, and that the time and place of the special meeting is announced as required by California law. On motion of Council Member Mulholland, seconded by Vice Mayor Schwartz and on the following role call vote: AYES Council,Members.Ewan, Mulholland Settle, Vice Mayor Schwartz and M_a_ yor Romero NOES: None ABSENT: None R 9537 Resolution No. 9537 (200 eries) O Page 2 The foregoing resolution was passed and adopted this 16`b day of March, 2004. Mayor David F. Romero ATTEST: -Lee Price; C.M.C. City Clerk APPROVED AS TO FORM: J na . P. Lowell City Attorney R 9537 ���.,l,E.� -( ��u.,����CiC1— OCC l i c� � �ar� O . �� ,� � , •, 0 0 RESOLUTION NO. 9536 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT TURNER AVENUE, BETWEEN FREDERICKS STREET AND STATE HIGHWAY 101, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS SUMMARY ABANDONMENT. WHEREAS, an offer of dedication for Turner Avenue in the City of San Luis Obispo, more particularly described in Exhibit A, attached hereto and made a part hereof, is unnecessary for present or prospective public use; and WHEREAS, the subject offer to dedicate was intended to provide future access, however timing and subdivision design of the neighboring properties have rendered the subject offers as null and void; the City no longer requires this Right -of -Way; and WHEREAS, California Streets and Highways Code Section 8331 provides that the City Council may summarily abandon said offers of dedication where for a period of five consecutive years the offer of dedication area has been impassable for vehicular travel, and that no public money was expended for maintenance of same; and WHEREAS, the Planning Commission considered the vacation and reported on January 28, 2004, that said vacation is in conformity with the City General Plan; and WHEREAS, it is in the public interest that the hereinafter described offers of dedication be vacated. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Streets and Highways Code, Section 2381, that said offers of dedication are not useful as a non - motorized transportation facility, as defined in Streets and Highways Code Section 2381 and a finding of General Plan consistency, that this Council finds and determines that Turner Avenue, between Fredericks Street and State Highway 101, as described in "Exhibit A" and shown on the map marked "Exhibit B ", attached hereto and incorporated herein, is not necessary for present or future public street purposes SECTION 2. This Council hereby orders the abandonment of said right -of -way subject to the following: 1. Reservation of a 24 foot wide private easement for ingress, egress and public utilities appurtenant to Parcel 2 and encumbering Parcel 1 of Parcel Map SL 86 -216 recorded in Book 43 at Page 13 of Parcel Maps in the Office Of the County Recorder for the County of San Luis Obispo, and R 9536 C. o Resolution No. 9536 (2004 Series) Page 2 2. Item 1 must be met within one (1) year of this date. Otherwise, this resolution will expire and be null and void. SECTION 3. Upon notification from the Director of Public Works to the City Clerk that the conditions prescribed in SECTION 2 have been met, the City Clerk shall cause a certified copy of this Resolution of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. That upon such recordation, the abandonment is complete. On motion of Council Member Mulholland, seconded by Vice Mayor Schwartz, and on the following roll call vote, AYES`. Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 16th day of March, 2004. Mayor David F. Romero Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jonzkhaff4. Lowell City Attorney • C 0 0 EXHIBIT A TURNER AVENUE ABANDONMENT LEGAL DESCRIPTION Turner Avenue as set forth and described in City of San Luis Obispo Council Resolution No. 61 (1956 Series) "A Resolution Correcting Clerical Errors of Descriptions in Resolution No. 26 (1955 -56 Series)" recorded June 12, 1959 in Volume 1006 at Page 93 of Official Records of the County of San Luis Obispo, State of California. i .i.XHIBIT 90 ABANDONMENT AREA FREDERICKS STREET iFR. � 1 Lora LOT s Lot 12 70' --- PHU-1PS - - -� 1 - - - - -- -- - - - - -- - - -- ADDITIONLOT I o/o APN: APN: FR , 052 -215 -011 LOT 7 052- 125 -013 [OT lO 13 10 i_ "% ' PHILLIPS ADDITION --BLOCK - _ - _ _ - - - - -- ' Z BLOCK 14 FR I LOT 6 LOT 11 LOT 14 I j Imo- 10' Aft- 052- 213 -005 i Q ------- - - - - -T I o Lor 15 i i ------- - - - - -- 1 V01-052 -225 -011 i 5Ir PARCEL 2 z 43 PM 13 GRAPHIC SCALE so 0 25 so loo 1 inch = 50 feet k20o3 \1803004 United Method Church Main Sanctuary \Product\Xre1 \Easement.dwg. EXHIBIT D, Nov 25. 2003 9 :14am. jwBrody EXHIBIT MAP RR��MII DESIGN GROUP pOR77oN or LOTS 5, 7 AND 8 CWa& t n °w^' Pip& g�p BLOC! 14 OF P UPS ADDITION �7 3765 South Higuera Street. Suite 102 - III Son Luis Obispo. California 93401 CITY OF SAN LUIS OBISPO, CAUFORNIA. PACE 6 OF Phone: 805 /543 -1794 - Fox: 805/543 -4509 - www.rrrndesign.com SCALE: 1" =50' w w ....... k.%H et a MW -.rrn rkt iL MX ]6 n u 076 . AN r.ew. Lmdscoe kcMwt 2044 DATE' Nov 25 2003 �L l- -G J� • 0 0 RESOLUTION NO. 9535(2004 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1750 - Unit 4 WHEREAS, the City Council made certain findings concerning Tract 1750 - Unit 4, as prescribed in Resolution No. 6874 (1990 Series); and WHEREAS, the City Council approved the final map for Tract 1750 - Unit 4 per Resolution No. 8667 (1997 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 1750 - Unit 4, 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. 1750 (Unit 5). The current Faithful Performance surety is hereby reduced to $180,920, 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 Mulholland, seconded by Vice Mayor Schwartz and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None the foregoing Resolution was adopted this 16th day of March 2004. Mayor David F. Romero ATTEST: �- Lee Price, C.M.C: City Clerk R 9535 Resolution No. 9535 004 Series) Page 2 Approved as to Form: Jon . Lowell City Attorney U C O RESOLUTION NO. 9534 (2004 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1750 - Unit 6 WHEREAS, the City Council made certain findings concerning Tract 1750 - Unit 6, as prescribed in Resolution No. 6874 (1990 Series); and WHEREAS, the City Council approved the final map for Tract 1750 - Unit 6 per Resolution No. 8996 (1999 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 1750 - Unit 6, 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. 1750 (Unit 5). The current Faithful Performance surety is hereby reduced to $109,000, 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 Mulholland, seconded by Vice Mayor Schwartz and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing Resolution was adopted this 16`h day of March, 2004. ATTEST: Lee Price, C.M.C. City Clerk R 9534 Resolution No. 9534 (2UO4 Series) 0 Page 2 Approved as to Form: ona n P. Lowell City Attorney �u-) • O RESOLUTION NO. 9533 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE FOOTHILL BRIDGE REPLACEMENT PROJECT Parcel Number: 052- 181 -018 —1025 Foothill Boulevard, San Luis Obispo WHEREAS, it is desirable and necessary for the City Council of the City of San Luis Obispo to acquire permanent easements and temporary construction easements in and to real property more particularly described in Exhibit A, attached hereto and made a part of by reference, to construct the new Foothill Bridge and related facilities; and WHEREAS, the City Council of the City of San Luis Obispo is vested with the power of eminent domain to acquire said real property interests by virtue of Article 1, Section 19 of the Constitution of the State of California, Health and Safety Code Section 5001 and Sections, 1240.010, 1240.020, 1240.030, 1240.040, 1240.050, 1240.110, 1240.120, 1250.110 of the Code of Civil Procedure of the State of California; and WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to the owners of the subject property and whose names and addresses appear on the most recent San Luis Obispo County's equalization assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City Council of San Luis Obispo on the following matters: a) Whether the public interest and necessity require the Project; b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c) Whether the interests sought to be acquired are necessary for the Project; and d) Whether the offer to purchase required by Government Code section 7267.2 has been submitted to the owners of the real property interests. WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the State of California, the City Council of the City of San Luis Obispo has made an offer to the owners of the subject properties for just compensation; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The public interest and necessity require the Project; 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. The property interests sought to be acquired are necessary for the project; 4. The offer required by section 7267.2 of the Government Code of the State of California has been made to the owners of subject property; 5. The City Attorney of the City of San Luis Obispo, or his duly authorized designee, is hereby authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such action as he may deem advisable or necessary in connection therewith; R 9533 C Resolution No. 9533 (2004 Series) Page 2 6. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Fund in the amount determined by the Court to be so deposited, as a condition to the right of immediate possession. Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 1" day of March, 2004. Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jon . Lowell City Attorney Exhibit "A" Temporary Relinquishment of Vehicular Access Legal Description The north line of Lot 30, of California Park Subdivision, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map filed December 2-, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County. The above - described piece of land is graphically shown on Exhibit `B" attached hereto and made a part hereof. End of Description. �Q ,AND George Y: archenko LS 6964 Date to License Expiration Date: 9/30/2005 LS. 6964 (P� f - 30-0S- 9 < Stanmark- access denial apn 052 -181 -018 ` Or r-At 1FO I C EXHIBIT ''B" Foothill Blvd. Relinquishment of Vehicular Access to Foothill Boulevard Lot 31 2/MB/36 Lot 30 2/MB/36 Lot 30 of California Park Subdivision, in the City of San Luis Obispo, State of California, according to the map filed December 2, 1919 in Book 2, at Page 36 of Maps, in the office of the County Recorder of said County ( IN METERS ) 0 5 10 1 : 500 Sheet 1 of 1 John L. Wallace & Associates 477 -0001 marks - denal 1:500 01/28/04 apn 052- 181 -018 Exhibit "A" Legal Description A portion of Lot 30 of California Park Subdivision, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to the map filed December 2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County more particularly described as follows: Commencing at the comer common to Sections 22,23,26 and 27 Township 30 South, Range 12 East Mount Diablo Base and Meridian, on the northerly line of Foothill Boulevard as shown on said map, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of Licensed Surveys in the Office of the County Recorder of said County, from which a found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa Street as shown on said Record of Survey bears, north 81 °23'03" east 114.936 meters [north 79 °21' 11" east 114.941 meters calculated from data per said Record of Survey]; Thence south 62 °08'22" east 36.818 meters to the southerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the True Point of Beginning; Thence south 14 °11'05" east 18.482 meters; Thence south 05 °13'51" west 4.687 meters; Thence south 84 °46'09" east 18.293 meters; Thence north 05 °35'08" east 14.369 meters; Thence north 62° 12'29" east 11.515 meters; o* 1 o Thence north 16 °25'05" east 7.485 meters; Thence north 44 °25'55" east 7.155 meters; Thence north 14°11'05" west 2.584 meters to a point on said southerly line, from which said tag bears north 59'14'46" east 47.352 meters; Thence westerly along said southerly line to the True Point of Beginning. Excepting therefrom the land described in the grant deed to the City of San Luis Obispo recorded in Volume 1292 of Official Records at Page 448 in the Office of the County Recorder of said County. Containing 0.0264 hectares (2,841 sq. ft.) more or less. The above described piece of land is graphically shown on Exhibit "B" attached hereto and made a part hereof. �c- rv(�,�ho p 11�1D S 4Y� Georenko LS 6964 Date O��Q� License Expiration Date: 9/30/2005 � W � p * LS. 6664 I 8� pn2t"S fluittpermdoc O EXHIBIT "B" O Fd supertag Section Corner "LS 7318" Sections 22,23,26 and 27, per 81/LS/31 T30S,R 12E,MDM, — Fd 3.5" Brass Disk stomped "Black t _ _ l / 0 CO Survey" per 81 /LS /31 — L12 _ // o Point of — — / `r Commencement _ _ — Bova. / V ___ Footrlj' L10 20oc \ True Point /� ) \ of Beginning \ r 'OR -446 Lot 30 2/MB/36 12g2 r1/ J containing / 0.0264 hectares (2,841 sq. ft.) \j more or less r Lot 31 2/MB/36 J�DoC. No. W 11998 -01852 L4 � Doc. No. 2001 - 083565 ( IN METERS ) 10 0 5 t0 1 : 500 A portion of lot 30 of California Pork Subdivision, in the City of San Luis Obispo, State of California, according to the map filed December 2, 1919 in Book 2, at Page 36 of Maps, in the office of the County Recorder of said County Sheet 1 of 1 John 477 -0001 flul"Per- 1:500 8 -18 -03 L& 8664 E"7YP1aFs 9- 3o -aS Z0 8-2fo3 Wallace & Associates 0 0 Exhibit "A" Legal Description A portion of Lot 30 of California Park Subdivision, in the City of San.Luis Obispo, County of San Luis Obispo, State of California, according to the map filed December 2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County more particularly described as follows: Commencing at the comer common to Sections 22, 23, 26 and 27 Township 30 South, Range 12 East Mount Diablo Base and Meridian, on the northerly line of Foothill Boulevard, as shown on the map of California Park Subdivision filed December 2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of Licensed Surveys in the Office of the County Recorder . of said County, from which a found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa Street cap as shown on said Record of Survey bears, north 81 °23'03" east 114.936 meters [north 79 °21' l 1" east 114.941 meters calculated from data per said Record of Survey]; Thence south 51 °45'22" east 30.011 meters to the southerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the True Point of Beginning; Thence south 43 °15'57" east 2.398 meters; Thence south 43 °15'57" east 5.892 meters; Thence south 01 °40'32" west 12.308 meters; Thence south 88 °21'43" east 5.018 meters; Thence south 02 °00'01" east 9.961 meters; Thence south 23 °49'37" west 14.557 meters; Thence south 84 °42'49" east 26.067 meters; Thence north 18 °29'43" east 13.274 meters; Thence north 01 °33'38" east 6.574 meters; Thence north 07 °21'55" east 17.029 meters; Thence north 39 °08'11" east 4.448 meters; Thence north 62 °12'29" east 3.099 meters; Thence north 16 °25'05" east 7.485 meters; o 0 Thence north 44 °25'55" east 7.155 meters; Thence north 14 °11'05" west 2.584 meters to a point on said southerly line, from which said tag bears north 59 °14'46" east 47.352 meters; Thence westerly along said southerly line to the True Point of Beginning. Excepting therefrom that portion lying northerly of the following described line: Commencing at said section corner, thence south 62 °08'22" east 36.818 meters to the southerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the Exception True Point of Beginning; Thence south 14'11'05" east 18.482 meters; Thence south 05 °13'51" west 4.687 meters; Thence south 84 °46'09" east 18.293 meters; Thence north 05 °35'08" east 14.369 meters; Thence north 62'12'29" east 11.515 meters; Thence north 16 °25'05" east 7.485 meters; Thence north 44 °25'55" east 7.155 meters; Thence north 14 °11'05" west 2.584 meters to a point on said southerly line, from which said tag bears north 59 °14'46" east 47.352 meters. Also Excepting therefrom the land described in the grant deed to the City of San Luis Obispo recorded in Volume 1292 of Official Records at Page 448 in the Office of the County Recorder of said County. Containing 0.0335 hectares (3,606 sq. ft.) more or less. The above - described piece of land is graphically shown on Exhibit `B" attached hereto and made a part hereof. End of Description. CEO S�9 Z 2--d George V. Marchenko LS 6964 Date wQy O� License Expiration Date: 9/30/2005 o LS. 6964 Stanmark- 12.doc apn 052 -181 -018 �I Section Corner Sections 22,23,26 and 27, T30S,R12E,MDM, Fd 3.5" Brass Disk stamped "Black Co Survey" per 81/LS/31 Point of Commencement True Point 55 of Beginnin S89'1 7'40 "E Exception True Point �\ of Beginnin � 2g2 "0i q48 Lot 30 2/MB/36 ( IN METERS ) 0 5 10 r 1 A L�" r_ r, io Oi 0 y or a� a a 0 C r`9 ql I L4x EXHIBIT "B" C X_12 rn/ 66.08 o_ 1-10 X LO J 0 1,6 ;, (` Doc. No. I1998- 018520 Lot 31 rn 2/MB/36 M 00 Doc. No. J 2001- 083565 0 EXCEPTION LINE TABLE LINE LENGTH BEARING Llx 36.818 S62'08'22'E L2x 18.482 S14'11'OS'E Lax 4.687 S05'13'51'W L4x 18.293 S84'46'09'E L5x 14.369 N05'35'08'E L6X 11.515 N62'12'29'E Fd supertag %LS 7318" per 81/LS/31� �6 C 007\ 0 '\ \ 0�8 LINE TABLE LINE LENGTH BEARING L1 30.011 S51'45'22'E L2 2.398 S43'15'57'E L3 5.892 S43'15'57'E L4 12.308 Sl'40'32'W L5 4.448 N39'8'11'E L6 3.099 N62'12'29'E L7 7.485 N16025'05'E L8 7.155 N44025155'E L9 2.584 N14.11'05'W 110 73.280 N84'31'18'W 1-11 47.352 N59'14'46'E L12 114.936 N81'23103'E L13 5.018 S88'21'43'E L14 9.961 S2'0'1'E L15 14.557 S23'49'37'W L16 26.067 S84'42'49'E L17 13.274 N18'29'43'E 1-18 6.574 Nl'33'38'E L19 17.029 N7'21'55'E r A portion of lot 30 of California Park Subdivision, in the City of San Luis Obispo, State of California, according to the map filed December 2, 1.919 in Book 2, at Page 36 of Maps, in the office of the County Recorder of said County Sheet 1 of 1 John L. Wallace & Associates 477 -0001 Stonmark -12 1:500 01/28/04 opn 052 -1B1 -018 RESOLUTION NO. 9532 (2004 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE "CONSERVATION PLAN FOR BISHOP PEAK NATURAL RESERVE" 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, the City of San Luis Obispo has acquired and manages eleven open space areas totaling approximately 2,500 acres, including the 352 acre Bishop Peak Natural Reserve; and WHEREAS, the City Council desires to have the policies for management of City -owned open space lands applied in an appropriate and consistent manner; and WHEREAS, the Planning Commission, Parks and Recreation Commission, and the general public have commented upon the plan as it has moved through a Council - directed approval process, and the plan reflects those comments. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Finds that the implementation of the Conservation Plan as presented to the City Council this date, and as mitigated, will not have a negative impact on the environment; 2. Adopts as City policy the "Conservation Plan for the Bishop Peak Natural Reserve" as amended, and presented to the Council this date; and 3. Directs the City Administrative Officer to undertake all actions necessary and appropriate to carry out this resolution. On motion of Council Member Settle, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None R 9532 Resolution No. 9532 (2004 series) Page 2 The foregoing resolution was adopted this ls` day of March, 2004. Mayor David F. Romero ATTEST: i Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jd" an P. Lowell City Attorney C-f�% 0 Cry W RESOLU'T'ION NO. 9531 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REMOVING 541 BUCHON STREET FROM THE CITY'S LIST OF CONTRIBUTING HISTORIC PROPERTIES WHEREAS, at a public hearing on January 26, 2004 the Cultural Heritage Committee recommended the City Council remove the property known as 541 Buchon Street from the City's Contributing List of Historic Resources; and WHEREAS, the City Council conducted a public hearing on March 1, 2004 and has considered testimony of interested parties, the records of the Cultural Heritage Committee hearing and action, and the evaluation and recommendation of staff; and BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the 541 Buchon Street property, finds that it does not meet the Historic Resource Criteria For Building Evaluation and Recommendations as listed in the Historic Preservation Program Guidelines, Criteria for Building Evaluations, based on the following findings: 1. The house is not indicative of a type of construction or known architectural style in San Luis Obispo, and 2. The house has been modified so extensively that it no longer retains its original architectural character, and 3. The house does not significantly contribute to the historic character of the Old Town Historic District, and 4. The property is not associated with any significant historical person or event. SECTION 2. Removal of Contributing status. The property at 541 Buchon Street is hereby removed from the City's Contributing Historic Properties list. On motion of Council Member Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None R 9531 C7 O Resolution No. 9531 (2004 Series) Page 2 The foregoing resolution was passed and adopted this 1st day of March, 2004. Mayor David F. Romero ATTEST: City Clerk APPROVED AS TO FORM: Jona . Lowell City Attorney ct � fIA c ?,h;t�c L,C)OI-t S s, J , RESOLUTION NO. 9530 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 2004 CDBG PROGRAM, AMENDING PREVIOUS CDBG PROGRAM YEARS, AND ENDORSING THE SAN LUIS OBISPO URBAN COUNTY'S DRAFT ONE -YEAR ACTION PLAN WHEREAS, the City of San Luis Obispo is a participating jurisdiction in the San Luis Obispo Urban County, along with the cities of Arroyo Grande, Atascadero, Grover Beach, and Paso Robles, and the County of San Luis Obispo; and WHEREAS, said cities and County cooperatively administer several federal grant programs under the provisions of the Cooperative Agreement approved by the San Luis Obispo City Council on July 13, 1999 and as amended on September 7, 1999, and under applicable U.S. Department of Housing and Urban Development Department (HUD) rules; and WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan and HUD rules, the City Council held a public hearing on March 1, 2004 to consider funding recommendations by the Human Relations Commission (HRC), to review applications for federal grant funding, and to consider public comments on community needs and on the use of such funds; and WHEREAS, the Council has also considered previous years' CDBG funding allocations and determined that amendments are necessary to re- allocate unused funds, to re- allocate funds to activities with greater community need or urgency, or to modify project descriptions; and WHEREAS, the Council also considered the Urban County's proposed One -Year Action Plan, including proposed funding allocations for Home Investment Partnership Funds (HOME), Emergency Shelter Grants (ESG), and the Special Urban Projects Fund. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The Council hereby determines that the proposed funding actions are not "projects" as defined by Section 21065 of the California Environmental Quality Act (CEQA), since they will not cause a direct or indirect physical change in the environment and do not involve the issuance of a lease, permit, license, certificate or other entitlement. Consequently, no further environmental review is necessary. SECTION 2. 2004 Community Development Block Program. The City's 2004 Community Development Block Program, as shown in Exhibit A, is hereby approved. SECTION 3. CDBG Program Amendments. The 1999, 2000 and 2002 CDBG Programs are hereby amended, as shown in Exhibit B. R 9530 Resolution No. 9530 (2004 Series) Page 2 C SECTION 4. One -Year Action Plan. The San Luis Obispo Urban County's Draft One- Year Action Plan is hereby endorsed, as shown in Attachment C. SECTION 5. Board of Supervisors Consideration. The Council hereby directs staff to forward the above actions to the San Luis Obispo County Board of Supervisors for consideration prior to the Board's final action on the Urban County's 2004. Consolidated Plan. SECTION 6. City Administrative Officer Authority., The City Administrative Officer is authorized to act on behalf of the City in executing grant agreements and other actions necessary to implement the approved Consolidated Plan and CDBG Program, . Upon motion of Council Member Settle, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYE_ S_ : Council Members Ewan, Mulholland and Settle, Vice Mayor. Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this lst day of March, 2004. Lee Price; C City Clerk ` Mayor David F. Romero _ A- Approved 2004 CDBG Program for the City of San Luis Obispo B- Approved 1999, 2000 and 2002 CDBG Program Amendments C -Draft Urban County One =Year Action Plan e�r�`�� , dt',r+� city of EXHIBIT A �'P san lugs oglspo APPROVED 2004 COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM No. Applicant Activity Amount Requested' Amount Recommended 2004 CDBG Reallocated CDBG Other Sources Total funding Housing 1 City of SLO Section 108 Loan Repayment 328,928 328,928 328,928 2 Housing Authority of SLO Anderson Hotel Elev. Repiacmt. 100,000 80,000 20,000111 100;000 3 Transitions - Mental Health Rehab. Youth Housing 42,000 36,763 5,237(') 42,000 SUBTOTAL, :Housing (58% of 2004 CDBG funding) 470,928 445,691' 261238 470;928 Public Services 4 EOC Operation - SLO Homeless Shelter 138,000 114,118 23,882(2) 138,000 5 EOC Operation -Prado Day Center 50 000 50,000(2) 50,000 6 Big Brothers Big Sisters Mentorin for At -Risk Children 17,000 7 The Literacy Council The Literacy Program 3,000 8 D.R.E.A.M'For Kids Scholarship Program for Kids . 5,000 SUBTOTAL,'Public'Services 15%0' 213,000 114,118 1 0 73,882 188,000 Public Facilities 9 Hospice of SLO County s HC access elevator for oL1acem:e:njts 25,000 25,000 25,000 10 Cityof SLO Public Works HC Ramps/Sidewalk Re 120,000 93,479 82,063(') 175,542 SUBTOTAL; Public Facilities) 16% 1459000 1 118,479 82 063 0 200 542 Economic Development 11 Cuesta College ISmall Business Development Center 1 5,000 0 0 SUBTOTAL, Economic .Development 5,000 0 0 0, A 12 Cityof SLO Program Administration 11 % (3) 125,000 82,500 42,500 125,000 TOTAL 9589928 760,787 1 1491801 73,882 984,470 Estimated CDBG Funding for 2004 Program Year: $760,787 Reallocated CDBG Funds, 1999, 2000 and 2002 Program Years Funded through the General Fund 3 Program admin. = $31,800 (administration) + $50,700 (affordable housing programs implementation) March 1, 2004 EXHIBIT B Program Amendments Approved with 2004 CDBG Program Program Year /Activity Original Allocation Proposed Allocation 1999 Huasna- Oceanaire Improvements $82,517 $0 Anderson Hotel Elevator replacement $0 $20,000 Transitions — Rehab Youth Housing $0 $2;517 Handicapped Access Ramps/Improvements $0 $60,000 2000 Huasna- Oceanaire Improvements $24,783 $0 Transitions — Rehab Youth Housing $0 $2,720 Handicapped Access Rams $80,000 $102,063 2002 Huasna - Oceanaire Improvements $8,502 $0 2002 Pro am Administration $0 $8,502 Totals $115,802 $115,802 Ih/ UCDBG /fina12004CDBGProgramAmendments C 2004 DRAFT FUNDING RECOMMENDATIONS - URBAN COUNTY OF SAN LUIS OBISPO City of Arroyo Grande Estimated 2004 CDBG Allocation: $130,164 EXHIBIT C Draft Applicant Project Request Funding Rec. Housing EOC Minor Home Repair 12,000 9,000 Public Services EOC Senior Health Screening 5,000 3,300 EOC Forty Wonderful Program 2,000 1,300 EOC Teen Academic Parerding Program 3,600 2,900 Litespan Foundation In home services to elderly 2,000 0 San Luis Obispo Co. YMCA Y Teen X -treme Program 4,000 1,800 Big Brothers Big Sisters Memoring Program 5,000 2,200 The Literacy Council Literacy Program 3,000 1,800 The Harvest Bag, Inc. Rem and vehicle maintenance 10,O00 6,225 DREAM for Kids Foundation Scholarship Program for foster kids 5,000 0 Public Facilities City of Arroyo Grande Building and Fire 40,000 40,000 City of Arroyo Grande Facade Gram Program 20,000 25,000 Economic Development Cuesta College SBDC Small Business Development Center 3,000 3,000 Code Enforcement City of Arroyo Grande Code Enforcement 19,000 12,606 Adminiaba on City of Arroyo Grande Administration 26,033 21,033 Total - 130164 City of Ataseadero Estimated 2004 CDBG Allocation: $231,655 Housing EOC Minor Home Repair 12,000 0 Family Care Network, Inc Laundry facility remodel 25,000 0 Public Services EOC Senior Health Screening 5,000 0 EOC Forty Wonderful Program. 2,000 1,000 EOC Teen Academic Patenting Program 3,600 0 Homeless Housing Project Purchase of Furniture for Transition housing 3,000 0 Homeless Housing Project Motel Voucher Program 10,000 0 Big Brothers Big Sisters Mentoring Program 7,500 0 The Literacy Council Literacy Program 3,000 1,500 DREAM for Kids Foundation Scholarship Program for foster kids 5,000 0 Community Services Fund Youth Scholarships 7,500 7,000 El Camino Homeless Org. Homeless shelter 15,000 15,000 Loaves and Fishes Groceries 6,W0 6,000 Loaves and Fishes Gas and electric bill 5,000 0 Atascadero Christian Home Alarm system - salad bar 27,500 0 Community Link Senior Health Fair 1,050 1,000 City of Ataseadem Homeless services 3,250 3,250 Public Facilities Atascadero Christian Hone Site improvements 20,000 0 No. Co. Women's Shelter Interior pafminghepalr work 4,000 4,000 City of Atascadero ADA boprvmnts - city facilitieslbdrasWdure 100,000 71,905 City of Atascadem Sidewalk construction - RDA 15,000 0 City of Atascadero Streellight replacement - RDA 25,000 25.000 Economic Development Cuesta College SBDC Small Business Development Center 3,000 0 Code Enforcement City of Atascadero Code Enforcement 50,000 50,000 Administration City of Atascadero Administration 46 ,331 46,000 Total 231655 Page 1 EXHIBIT C City of Grover Beach Estimated 2004 CDBG Allocation: $150,936 Program Income: $92,880.65 X Draft Applicant Project Request Funding Rec. Housing EOC Minor Home Repair 25,000 0 Public Services EOC Senior Health Screening 5,000 0 EOC Forty Wonderful Program 2,000 0 EOC Teen Academic Parading Program 3,600 0 L'despan Foundation In home services to elderly 2,000 0 San Luis Obispo Co. YMCA Y Teen X -treme Program 4,000 2,400 Big Brothers Big Sisters Memoring Program 4,000 0 The Literacy Council Literacy Program 3,000 3,000 The Harvest Bag, Inc. Food Program 10,000 0 DREAM for Kids Foundation Scholarship Program Waster kids 5,000 0 Haab Start Program Housing Program in Cambria 5,000 0 Exploration Station Youth Program Development 11,400 8,000 City of Grover Beach Rec. DepL youth scholarships 10,000 9,240 Public Facilities City of Grover Beach Handicap sidewalk ramps 45 ,000 54,500 City of Grover Beach Handicap picnic tablewbarbecuesrtountains 30,137 30,137 Economic Development Cuesta College SBDC Small Business Development Center 3,000 3,000 Code Enforcement City of Grover Beach Code Enforcement 15.000 15,000 Unallocated Funds 92,880 Planning and Capacity Building City of Grover Beach Implementation of housing policies 5,187 5,187 Administration City of Grover Beach Administration 25,000 25,000 Total 248,344 City of Paso Robles Estimated 2004 CDBG Allocation: $337,645 Program Income: $55,355 Public Services City of Paso Robles No. Co. Emergency Sheller funds 58,950 45,OOD EOC Senior Health Screening 5,000 0 EOC Forty Wonderful Program 2,000 0 EOC Teen Academic Parenting Program 3,600 0 Litespan Foundation In home services to elderly 3,000 0 San Luis Obispo Co. YMCA Y Teen X-beme Program 4,000 0 Homeless Housing Project Purchase of Furniture for Transition housing 3,000 0 Homeless Housing Project Motel Voucher Program 30,000 4,650 Big Brothers Big Sisters Mentoring Program 9,500 0 The Literary Council Literacy Program 3,000 0 Boys & Gifts Club Youth Program 15,000 0 Classic American The Outreach program 23,625 0 DREAM for Kids Foundations Scholarship Program for foster kids 5,0D0 4,650 Caring Callers Outreach to frail elderly persons 3,000 4,650 Lifestyles Recovery Canter Substance abuse oounsoling 12,000 0 Public Facilitles City of Paso Robles 28th Street Improvements II 102,390 0 City of Paso Robles Downtown Alley Rehab80ation III 47,OD0 0 City of Paso Robles LED-Lighted Crosswalk 100,000 0 City of Paso Robles Municipal Pool Changing Rm Rehab. 11 170,000 160,450 City of Paso Robles Downtown newsrack enclosures 90 ,000 0 Mary Mastagni Installation of elevator -Atom Building 164,565 95,000 Economic Development Cuesta College SBDC Small Business Development Center 3,000 0 Planning and Capacity Building City of Paso Robles Capacity BuOddng Program 39,300 0 Administration City of Paso Robles Administration 78,600 78,600 Total 393,000 Page 2 X City of San Luis Obispo Estimated 2004 CDBG Allocation: $769,047 County of San Luis Obispo . Estimated 2004 CDBG Allocation: $945,557 Program income: $50,000 Housing Transitions Mental Health Rehab youth shelter 150,000 Draft Applicant Project Request Funding Roe. Housing Youth activities 12,500 0 Transitions Mental Health Rehab youth shelter 42,000 36,762 HASLO Anderson Hotel Elevator Replacement 100,000 80,000 Public Services Tot Ttme/Parenting Panicipation/Ed_ucetion 17,225 0 EOC Prado Day Center 50,000 0 EOC Maxine Lewis Memorial Shelter 138,000 118,357 Big Brothers Big Sisters Mentonng Program 17,000 0 The Literary Council Literary Program 3,000 0 DREAM for Kids Foundation Scholarship Program for foster kids 5,000 0 Public Facilities Cmty, Scholarship Assistance Program 67,036 0 Hospice of SLO County Installation of elevator 25,000 20,000 City of San Luis Obispo Street improvements - ADA 120,000 80,000 Economic Development Cuesto College SBDC Small Busmess Development Center 5,000 0 Section 108 Program Property Acquisition - park 240,000 0 City of San Luis Obispo Loan payment 328,928 328,928 Administration Installation of ehrvaor 25,000 0 City of San Luis Obispo Administration 125,000 125,000 Total Relocation of sehed fadt8y 24,000 789,047 County of San Luis Obispo . Estimated 2004 CDBG Allocation: $945,557 Program income: $50,000 Housing Transitions Mental Health Rehab youth shelter 150,000 0 Public Services Camp Ocean Pines, Inc. Youth activities 12,500 0 EOC Prado Day Center 50,000 29,332 EOC Maxine Lewis'Memorial Shelter 149,500 120,000 Cmty Center of Cambria Tot Ttme/Parenting Panicipation/Ed_ucetion 17,225 0 San Luis Obispo Co. YMCA Y Teen X -treme Program 20,000 0 Homeless Housing Project Purchase of Furniture for Transition housing 3,000 0 Homeless Housing Project Motel Voucher Program 10,000 0 Big Brothers Big Sisters Mentoring Program 30,000 0 The Literary Council Literacy Program 3,000 0 Nlpomo Area Recreation Assoc Cmty, Scholarship Assistance Program 67,036 0 DREAM for IGds Foundation Scholarship Program for foster kids 5,000 0 Healthy Stan Program Housing Rental assistance and relocation costs 80,000 0 Pudic Facilities Camp Ocean Pines, Inc. Infrastructure and safety upgrade 53,000 21,000 County of San Luis Obispo Property Acquisition - park 240,000 0 County of San Luis Obispo _ Rehab. the Sari Miguel Community Center 142,300 77,800 Hospice of SLO County Installation of ehrvaor 25,000 0 OCCI• Ocean community, center 500,000 269,311 Ntpomo Area.Recreatior Assoc Relocation of sehed fadt8y 24,000 24,000 Los Osos CSD Wastewater/Sewer Installation 200,000 200.00D County of San Luis Obispo Seismic marl Eeslgn`s 1 00,000 100,0 00 • Includes the reallocation of $70.000 from 2003 CDBG funds Eh onomlc Development. Cuesta College SBDC Small Business Development Center 33,000 25,000 Planning and Capacity Building - County of San Luis Obispo Implement Housing programs (staff) 50,000 50,000 County of San Luis Obispo Housing Ordinanoas.(consultant), 50,000 50,000 Adminlstia, an County of San Luis Obispo A ImWstration 99,110 99,110 Total 1,D65,s53 Page 3 HOME Program Estimated 2004 HOME allocation: $1,514,401 Program Income $100,000 Emergency Shaker Grant Estimated ESG Program a9ocatlon: $94,000 EOC Pradc Day Center 15,493 Draft Applicant Project Request Funding Rae. Family Cam Network, Inc Property Acquisition 525,000 0 Family Cam Network, Inc Property Acquisition 375,000 205,000 Peoples' Self Help Housing Build affordable housing - Avila Beach 700,600 700,1700 Peoples' Self Help Housing Build affordable Housing - S. Higuera St 400,000 292,961 Transitions Mental Health Rehab. youth shelter 40,000 0 HASLO TBRA 300,000 300,000 HASLO Affordable housing - Shandon 400,000 0 Paso Robles Non Profit Housing C Oak Park Senior Housing 400,000 0 Long Beach Aff.. Housing Construction of affordable housing 1,400,000 0 Total 1497961 Administration 116,440 116,440 Grand Toted 1,614,401 Emergency Shaker Grant Estimated ESG Program a9ocatlon: $94,000 EOC Pradc Day Center 15,493 15,493 EOC Madne Lewis Mmnaial Shelter 4SUO 45,870 No. Co. VYOmen•s Sheller operation of women's shelter - 19,952 19.952 0 Canino Housing Organteation Homeless Shelter - 4,700 4,700 Women s Sher" Progran Operation of women's shatter 7,985 7,965 Total 94,000 Page 4 U� U Qj RESOLUTION NO. 9529 (2004 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING SIXTY (60) MINUTE MAXIMUM USAGE TIME FOR THE COMMERCIAL LOADING ZONE LOCATED ON PALM STREET IN FRONT OF THE COUNTY LIBRARY DURING CONSTRUCTION OF THE COPELAND PROJECT WHEREAS, the City Council has determined that construction of the Copeland Project has temporarily removed the ability for the County Library to unload and load Library vehicles off - street, and WHEREAS, Section 10.44.030 of the City of San Luis Obispo Municipal Code allows that Council may, by resolution, temporarily extend the time for unloading and loading of materials at select locations when it is deemed in the best interest of the public due to temporary conditions such as construction, street or public parking lot closures. NOW THEREFORE BE IT RESOLVED that the Council approves: 1. That the temporary commercial loading zone located on the south side of Palm Street adjacent to the County Library, may have unloading and loading activities extended from thirty (30) minutes to sixty (60) minutes in duration as per ordinance. 2. This time extension for commercial loading purposes shall remain in effect until such time as the Copeland Project is completed and off -street Library vehicle loading space_ s are re- established. 3. This resolution shall become effective immediately after Ordinance No. 1447 (2004 Series) is effective. On motion of Council Member Ewan, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None R 9529 Resolution No. 9529 (2004 aeries) Page 2 The foregoing Resolution was passed and adopted this I" day of March, 2004.. �y.1�i/ v av r Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: JoiatbadP. Lowell City Attorney � LW 0 7) 0 0 RESOLUTION NO. 9528 (2004 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO REVISING MANAGEMENT COMPENSATION AND THE 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, in 2000, and 2001; WHEREAS, the City Council wishes to provide an appropriate compensation package for its management personnel; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby revises management compensation and Management Pay for Performance System as follows: SECTION 1. The management compensation package and the Management Pay for Performance System will continue for a one -year term commencing January 1, 2004. SECTION 2. The City agrees to increase management salary ranges by 3% as shown in Exhibit "A" effective March 11, 2004. SECTION 3. The City agrees to increase the cafeteria contribution to $600 per month effective December 1, 2003. SECTION 4. The City agrees to modify the Management Pay for Performance System by the elimination of lump sum payments for management employees at top of range and reducing the annual salary increase scale to 0% - 5 %. SECTION 5. The City shall continue to provide employees in those classifications listed in Exhibit "A" certain fringe benefits as set forth in Exhibit `B ", fully incorporated by reference. SECTION 6. The City elects to pay 8% of the normal member contributions as Employer Paid Member Contributions (EPMC) in accordance with Government Code Section 20691, and report the same percent (value) of compensation earnable {excluding the special compensation of the monetary value of EPMC paid to CalPERS by the City under Government Code Section 20636 (c) (4)1 as additional compensation. The value of EPMC shall be reported as an item of special compensation consistently for all appointed officials and shall be effective March 11, 2004. Salary ranges for appointed officials shall be reduced by 8% to correspond with the change in payment of the normal member contributions. R 9528 Resolution No. 9528 (2004 Series) Page 2 SECTION 7. The Director of Finance and Information Technology shall adjust the appropriate accounts to reflect the compensation changes. Upon motion of Council Member Ewan, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor. Schwartz, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 1st day of March, 2004. Mayor David F. Romero ATTEST: IL Lee Price, CMC City Clerk APPROVED AS TO FORM: Jon . Lowell City Attorney APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE Effective March 11, 2004 Exhibit "A ", Revised 02 -27 -04 Salary Group Position Title Range Low Range High I City Administrative Officer $9,226 $11,533 II City Attorney $8,424 $10,527 III - A Police Chief $7,705 $9,634 III Assistant City Administrative Officer $7,623 $9,531 III Director of Finance and Information Technology $7,623 $9,531 III Fire Chief $7,623 $9,531 III Public Works Director $7,623 $9,531 IV Director of Community Development $7,269 $9,090 IV Utilities Director $7,269 $9,090 V Director of Human Resources $6,882 $8,605 V Parks and Recreation Director $6,882 $8,605 VI Deputy Director of PW /City Engineer $6,329 $7,911 VII Assistant City Attorney $6,028 $7,534 VII City Clerk $6,028 $7,534 VII Deputy Director of CD - Development Review $6,028 $7,534 VII Deputy Director of CD -Long Range Planning $6,028 $7,534 VII Deputy Director of Utilities/Wastewater $6,028 $7,534 VII Deputy Director of Utilities/Water $6,028 $7,534 VII Deputy Public Works Director $6,028 $7,534 VII Finance Manager $6,028 $7,534 VII Information Technology Manager $6,028 $7,534 VIII Chief Building Official $5,396 $6,746 VIII City Traffic Engineer $5,396 $6,746 VIII Economic Development Manager $5,396 $6,746 VIII Natural Resources Manager $5,396 $6,746 VIV Fire Marshall $5,171 $6,463 VIV Supervising Civil Engineer $5,171 $6,463 X Neighborhood Services Manager $4,838 $6,048 X Parking Manager $4,838 $6,048 X Principal Administrative Analyst $4,838 $6,048 X Principal Civil Engineer $4,838 $6,048 X Principal Transportation Planner $4,838 $6,048 X Public Works Administrative Services Manager $4,838 $6,048 X Recreation Manager $4,838 $6,048 X Risk Manager $4,838 $6,048 X Transit Manager $4,838 $6,048 X Utilities Engineer $4,838 $6,048 X Water Projects Manager $4,838 $6,048 O O APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE Effective March 11, 2004 Exhibit "A ", Revised 02 -27 -04 Salary Group Position Title Range Low Range High X Water Treatment Plant Supervisor $4,838 $6,048 X WRF Plant Supervisor $4,838 $6,048 XI Construction Eng Manager $4,564 $5,704 XI GIS Manager $4,564 $5,704 XI Hazardous Materials Coordinator $4,564 $5,704 XI Human Resources Analyst $4,564 $5,704 XI Industrial Waste Coordinator $4,564 $5,704 XI Senior Administrative Analyst $4,564 $5,704 XI Utilities Conservation Coordinator $4,564 $5,704 XI Wastewater Collection Supervisor $4,564 $5,704 XI Water Distribution Supervisor $4,564 $5,704 XI Water Supply Supervisor $4,564 $5,704 XII Accounting Supervisor $4,211 $5,262 XII Customer Services Supervisor $4,211 $5,262 XII Facilities Maintenance Supervisor $4,211 $5,262 XII Fleet Maintenance Supervisor $4,211 $5,262 XII Golf Course Supervisor $4,211 $5,262 XII Parks Maintenance Supervisor $4,211 $5,262 XII Program and Project Coordinator $4,211 $5,262 XII Recreation Supervisor $4,211 $5,262 XII Streets Maintenance Supervisor $4,211 $5,262 XII Urban Forestry Supervisor $4,211 $5,262 XIII Administrative Analyst II $4,024 $5,028 XIV Administrative Analyst 1 $3,658 $4,570 C� 0 Exhibit "B" DEPARTMENT HEAD AND MANAGEMENT FRINGE BENEFITS 2004 Secton.A Medical, Dental, Eve Care The City shall establish and maintain medical, dental and eye care insurance plans for coverage by department head and management employees and their dependents. The City reserves the right to choose the method of insuring and plans to be offered. The City has elected to participate in the Ca1PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently $32.20 per month for active employees and $10.61 per month for retirees. The city's contribution toward retirees shall be increased by 5% per year of the City's contribution for the active employees until such time as contributions for employees and retirees are equal. Employees with proof of medical insurance elsewhereare not required to participate in the medical insurance plan and may receive the unused portion of the City's contribution (after dental and vision insurance is deducted) in cash in accordance with the City's cafeteria plan. Those employees will be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employees' Contingency Reserve Fund and Administrative Costs. However, there is no requirement that these funds be used exclusively for this purpose, nor any guarantee that they will be sufficient to fund retiree health costs, although they will be used for employee benefits. Employees will be required to participate in the City's dental and vision plans at the employee - only rate. Should they elect to cover dependents in the City's dental and vision plans, they may do so, even if they do not have dependent coverage for medical insurance. Employees shall participate in term life insurance of $4,000 through payroll deduction as apart of the cafeteria.plan. Section B Cafeteria Plan Contribution The City shall contribute $600 per month for cafeteria plan .benefits for each regular, full -time employee covered by this resolution. Less than full -time employees shall receive a prorated share of the City's contribution. The City agrees to continue its contribution to the cafeteria plan for two (2) pay periods in the -event that an employee has exhausted all paid time off due to an employee's-catastrophic illness. Section C, Life and Disability _Insurance The City shall provide the following special insurance benefits in recognition of management responsibilities: 0 0 Resolution No. 9528 (2004 Series) EXHIBIT `B" Management Fringe Benefits 2004 Page 2 1. Long -term disability insurance providing 66 2/3% of gross salary (maximum benefit $5,500 per month) to age 65 for any sickness or accident, subject to the exclusions in the long -term disability policy, after D-30-day waiting period. In addition to $4,000 term life insurance purchased by the employee through the cafeteria plan, $100,000 term life insurance for department heads and $50,000 term life insurance for management employees, including accidental death and dismemberment. Section D. Retirement The City shall provide. the California Public Employees' Retirement System's (Ca1PERS) 2.7% at 55 plan to all eligible employees including.the amendments permitting conversion of unused sick leave to additional retirement credit, the 1959 survivor's benefit (Level Four), and one year final compensation. The Police and Fire Chiefs shall receive the same retirement benefits as swom personnel in their departments. The City agrees to pay the employee's contribution to CaIPERS (8% for miscellaneous, 9% for safety). These amounts paid by the City are employee contributions and are paid, by the City to satisfy the employee's obligation to contribute the current percentage of salary to Ca1PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the City to CaIPERS on behalf of the employee. It is further understood and agreed.that the payment of the employee's CaIPERS contribution is made subject to I.R.S. approval and reporting procedures. The City shall report as salary all Employer -Paid Member Contributions (EPMC) to CalPERS for the purposes of retirement credit in accordance with Government Code Section 20636 (c) (4). Section E , Supplemental Retirement The City shall contribute 1% of salary for management employees and 2% of salary for department heads to a defined contribution supplemental retirement plan established in accordance with sections 401 (a) and 501 (a) of the Internal Revenue Code of 1986 and California Government Code sections 53215 - 53224. Section F Vacation Vacation leave :is governed by section 2.36.440 of the Municipal Code, except that it may be taken after the completion of the sixth calendar month of service since the benefit date. Vacation leave shall be accrued as earned each payroll period Provided that not more than twice the annual rate may be carried over to a new calendar year. C C Resolution No. 9528 (2004 Series) EXHIBIT `B" Management Fringe Benefits 2004 Page 3 However, if the City Administrative Officer determines that a department head has been unable to take vacation due to the press of City business, the City Administrative Officer may approve a two -month extension of maximum vacation accrual. The City Administrative Officer may, within two years of appointing a department head, increase the rate of vacation accrual to a maximum of 120 hours per year. Vacation schedules for management employees -shall be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. A department head may not deny a management employee's vacation request if such denial will result in the loss of vacation accrual by the employee, except that, a department head may approve a two -month extension of maximum vacation accrual. However, in no event shall more than one such extension be granted in any calendar year. ' Department Head and management employees are eligible, once annually in December; to request payment for up to 40 hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. Section G Administrative Leave Department heads shall be granted up to 80 hours of administrative leave per calendar year. Department heads shall have the option of taking such leave as additional paid leave or receiving cash for up to 80 hours at year end upon approval of the City Administrative Officer. Management employees shall be granted up to 48 hours of administrative leave per calendar year. Administrative leave hours shall be pro -rated when a department head or management employee is appointed or leaves employment during the calendar year. The employee's final check will be adjusted to reflect the pro -rated hours. Department Heads and Managers are considered exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and not eligible for overtime payment. In general, management employees are expected to work the hours necessary to successfully carry out their duties and frequently must return to work or. attend meetings and events outside their normal working hours. However, when specifically authorized by the department head due to extraordinary circumstances, a management employee may receive overtime payment of time and one =half for hours worked above and beyond what 'would be considered normal work requirements during an. emergency event lasting at least eight (8) hours. Section H Holidays C o Resolution No. 9528 (2004 Series) EXHIBIT `B" Management Fringe Benefits 2004 Page 4 Department heads and management employees shall receive 11 fixed plus 2 floating holidays per year. The floating holidays shall be accrued on a semi- monthly basis and added to the vacation accrual. Section I Sick Leave Sick leave is governed by section 2.36.420 of the Municipal Code. An employee may take up to 16 hours per year of sick leave if required to be away from the job to personally care for a member of his/her immediate family as defined in Section 2.36.420. This may be extended to 40 hours per year if the family member is part of the employee's household, and to 56 hours if a household family member is hospitalized and the employee submits written verification of such hospitalization. If the family member is 'a child, parent or spouse, an employee may use up to 48, hours annually to attend to the illness of the child, parent or spouse, instead.of the lesser maximums above, in accordance with Labor Code Section 233: In conjunction with existing leave benefits, department head and.management employees with one year of City service who have worked at least 1,280 hours in the previous year maybe eligible for up to 12 weeks of Family/Medical Leave in accordance with the federal Family and Medical Leave Act and the California Family Rights Act. Sick leave may be used to be absent from duty due to the death of a member of the employee's immediate family as defined in Section 2.36.420, provided such leave shall not exceed forty working hours for each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information concerning the death or relationship shall be cause for discharge. Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: (A) Death = 25% (B) Retirement and actual commencement of CalPERS benefits: (1) After ten (10) years of continuous employment —10% (2) After twenty years of continuous employment —15% Section J Workers' Compensation Leave An employee who is absent from duty because of on -the job injury in accordance with State workers' compensation law and is not.eligible;for disability payments under Labor Code Section 4850 shall be paid the difference between his/her base salary and the amount provided by workers' compensation law during the first ninety (90) business days of such tempoary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. Resolution No. 9528 (2004 Series) EXIMIT `B" Management Fringe Benefits 2004 Page 5 Section_K Vehicle Assienment For those department heads who require the use bf an automobile on a regular 24 -hour basis to perform their normal duties, the City will, at City option, provide a City vehicle or an appropriate allowance for the employee's use of a personal automobile. The use of a personal automobile for City business will be eligible for mileage reimbursement in accordance with standard City policy. Section L Layoffs In accordance with Section 2.36.320 of the Personnel Rules, the City Council of San Luis Obispo shall determine when and in what position classifications layoffs are to occur. Section M Appointed Officials The fringe benefits outlined in this exhibit for department heads apply to appointed officials, except where they have been modified by council resolution. E 0 RESOLUTION NO. 9527 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DETERMINING THAT THE PUBLIC INTEREST AND NECESSITY REQUIRE THE ACQUISITION OF CERTAIN LAND AND DIRECTING THE FILING OF EMINENT DOMAIN PROCEEDINGS FOR THE FOOTHILL BRIDGE REPLACEMENT PROJECT Parcel Numbers: 052- 252 -026 — 1050 Foothill Boulevard, San Luis Obispo 052- 181 -019 — 1043 Foothill Boulevard, San Luis Obispo 052 -181 -022 — 55 Casa Street, San Luis Obispo WHEREAS, it is desirable and necessary for the City Council of the City of San Luis Obispo to acquire permanent easements and temporary construction easements in and to real property more particularly described in Exhibit A, attached hereto and made a part of by reference, to construct the new Foothill Bridge and related facilities; and WHEREAS, the City Council of the City of San Luis Obispo is vested with the power of eminent domain to acquire said real property interests by virtue of Article 1, Section 19 of the Constitution of the State of California, Health and Safety Code Section 5001 and Sections, 1240.010, 1240.020, 1240.030, 1240.040, 1240.050, 1240.110, 1240.120, 1250.110 of the Code of Civil Procedure of the State of California; and WHEREAS, pursuant to the provisions of Section 1245.235 of the Code of Civil Procedure of the State of California, notice has been duly given to the owners of the subject property and whose names and addresses appear on the most recent San Luis Obispo County's equalization assessment roll, all of whom have been given a reasonable opportunity to appear and be heard before the City Council of San Luis Obispo on the following matters: a) Whether the public interest and necessity require the Project; b) Whether the Project is planned or located in the manner that will be most compatible with the greatest public good and the least private injury; c) Whether the interests sought to be acquired are necessary for the Project; and d) Whether the offer to purchase required by Government Code section 7267.2 has been submitted to the owners of the real property interests. WHEREAS, pursuant to the provisions of Section 7267.2 of the Government Code of the State of California, the City Council of the City of San Luis Obispo has made an offer to the owners of the subject properties for just compensation; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. The public interest and necessity require the Project; 2. The Project is planned and located in the manner which will be most compatible with the greatest public good and the least private injury; 3. The property interests sought to be acquired are necessary for the project; 4. The offer required by section 7267.2 of the Government Code of the State of California has been made to the owners of subject property; R 9527 Resolution No. 9527 (2004 Series) Page 2 5. The City Attorney of the City of San Luis Obispo, or his duly authorized designee, is hereby authorized and directed to institute and conduct to conclusion an action in eminent domain for the acquisition of the estates and interests aforesaid and to take such action as he may deem advisable or necessary in connection therewith; 6. An order for prejudgment possession may be obtained in said action and a warrant issued to the State Treasury Condemnation Fund in the amount determined by the Court to be so deposited, as a condition to the right of immediate possession. Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Member Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 17th day of February, 2004. Mayor David F. Romero ATTEST: 4"Ai W Lee Price, C.M.C.,_. Ci.ty,Clerk APPROVED AS TO FORM: J at . Lowell City Attorney O D ,fix "71 A - pa Exhibit A Legal Description A portion of the land described in the grant deed to Sierra Vista Hospital, INC, a California corporation recorded, April 1, 1998 as Document No. 1998- 018520 of Official Records and a portion of the land described in the grant deed to Sierra Vista Hospital, INC, a California corporation recorded October 28, 2001 as Document No. 2001 - 083565 of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as follows: Commencing at the comer common to Sections 22, 23, 26 and 27 Township 30 South, Range 12 East Mount Diablo Base and Meridian, on the northerly line of Foothill Boulevard, as shown on the map of California Park Subdivision filed December 2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of Licensed Surveys in the Office of the County Recorder of said County, from which a found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa Street cap as shown on said Record of Survey bears, north 81 °23'03" east 1.14.936 meters [north 79 °21' 11" east 114.941 meters calculated from data per said Record of Survey]; Thence south 62 °08'22" east 36.818 meters to the southerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the True Point of Beginning; Thence south 14° 11'05" east 18.482 meters; Thence south 05 °13'51" west 4.687 meters; Thence south 84 °46'09" east 18.293 meters; Thence north 05 035'08" east 14.369 meters; Thence north 62 012'29" east 11.515 meters; Thence north 16 °25'05" east 7.485 meters; Thence north 44 °25'55" east 7.155 meters; Thence north 14 °11'05" east 2.584 meters to a point on said southerly line, from which said tag bears north 59° 14'46" east 47.352 meters; Thence westerly along said southerly line to the True Point of Beginning. Excepting therefrom the land described in the grant deed to the City of San Luis Obispo recorded in Volume 1292 of Official Records at Page 452 in the Office of the County Recorder of said County. Containing 0.0377 hectares (4,061 sq. fl.) more or less. The above described piece of land is graphically shown on Exhibit "B" attached hereto and made a part hereof. -Z(-o3 George Y. Marchenko LS 6964 Date License Expiration Date: 9/30/2005 Sienaperm.doc L& "64 ExP �R�s . 9-3a -aS �. EXHIBIT „B„ ,�"x AZhi-1 A Fd supertog Section Corner "LS 7318" Sections 22,23,26 and 27, per 81/1-S/31� T30S,R12E,MDM, Fd 3.5" Bross Disk stamped "Black CO Survey" per 81/LS/31 o Point of Commencement A --IV _ Foo�ht1/ \� \ —_ / '0_ —110 _ — — / 92I0RI45� 2006 do - �-� �2g2J0RJ452 �0 6 C�\ True Point `3 5 \ of Beginning 0 �j \ containing 0.0377 _ hectares Lot 30 (4061 sq. ft.) more or less 2/MB/36 6 r1 N Lot 31 2/Me/36 h J Doc. No. u 1998- 01852 L4 Doc. No. 2001 - 083565 ( IN METERS ) 10 0 5 10 1 : 500 A portion of the land described in the grant deed to Sierra Vista Hospital, INC, a California corporation recorded. April 1, 1998 and filed as Document No. 1998- 018520 of official Records, a portion of the land described in the corporation grant deed to Sierra Visto Hospital, INC, a California corporation, recorded May 31, 2001 and filed as Document No. 2001- 038777 of Official Records and a portion of the land described in the grant deed to Sierra Vista Hospital, INC, a California corporation, recorded October 28, 2001 and filed as Document No. 2001- 083565 of Official Records, in the Office of the County Recorder of the County of Son Luis Obispo, State of California. Sheet 1 of 1 477 -0001 sierraperm 1:500 8 -19 -03 LS. 6964 G)CPiReS 9 -30 • oc John L. Wallace &. %- ZI -o3 LINE TABLE LINE LENGTH r-ij BEARING L1 36.818 S62'08'22'E L2 18.482 S14'11'05'E' L3 4.687 S05.13'51'W L4 18.293 S84.46'09'E L5 14.369 N05.35'08'E L6 11.515 N62'12'29'E L7 7.485 N16'25'OS'E L8 7.155 N44.25'S5'E L9 2.584 N14.11'05'W 1-10 73.280 N84.31'18'W 1-11 47.352 N59.14'46'E L12 114.936 N81.23'03'E LS. 6964 G)CPiReS 9 -30 • oc John L. Wallace &. %- ZI -o3 C� O ,� X ti.L� Exhibit A Legal Description That portion of the land described in the, grant deed to Sierra Vista Hospital, INC, a California corporation recorded, April 1, 1998 as Document No. 1998- 018520 of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as follows: Commencing at the comer common to Sections 22, 23, 26 and 27 Township 30 South, Range 12 East Mount Diablo Base and Meridian, on the northerly line of Foothill Boulevard, as shown on the map of California Park Subdivision filed December 2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of Licensed Surveys in the Office of the County Recorder of said County, from which a found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa Street cap as shown on said Record of Survey bears, north 81 °23'03" east 114.936 meters [north 79 °21' 11" east 114.941 meters calculated from data per said Record of Survey]; Thence south 51 °45'22" east 30.011 meters to the southerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the True Point of Beginning; Thence south 43 °15'57" east 2.398 meters; Thence south 43 °15'57" east 5.892 meters; Thence south 01 °40'32" west 12.308 meters; . Thence south 88 °21'43" east 5.018 meters; Thence south 02 °00'01" east 9.961 meters; Thence south 23 °49'37" west 14.557 meters; Thence south 84 °42'49" east 26.067 meters; Thence north 18 °2943" east 13.274 meters; Thence north 01'33'38" east 6.574 meters; Thence north 07 °21'55" east 17.029 meters; Thence north 39 °08'11" east 4.448 meters; Thence north 62 °12'29" east 3.099 meters; Thence north 16 025'05" east 7.485 meters; Thence north 44 °25'55" east 7.155 meters; Thence- 14 °11'05" west 2.584 meters to a point on said southerly line, from which said tag bears north 59 °14'46" east 47.352 meters; Thence westerly along said southerly line to the True Point of Beginning. Excepting therefrom that portion lying northerly of the following described line: Commencing at said section comer, thence south 62 °08'22" east 36.818 meters to the - southerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the Exception True Point of Beginning; Thence south 14 °11'05" east 18.482 meters; Thence south 05 °13'51" west 4.687 meters; Thence south 84 °46'09" east 18.293 meters; Thence north 05 135'68" east 14.369 meters; Thence north 62 °12'29" east 11.515 meters; Thence north 16 °25'05" east 7.485 meters; Thence north 44 025'55" east 7.155 meters; Thence north 14 °11'05" west 2.584 meters to a point on said southerly line, from which said tag bears north 59 °14'46" east 47.352 meters. Also Excepting therefrom the land described in the grant deed to the City of San Luis Obispo recorded in Volume 1292 of Official Records at Page 452 in the Office of the County Recorder of said County. Containing 0.0074 hectares (797 sq. ft.) more or less. The above- described piece of land is graphically shown on Exhibit `B" attached hereto an d ma e a part hereof. End of Description. J �� UW0 George Y. Marchenko LS 6964 Date Uoo 1 License Expiration Date: 9/30/2005 o LS. 6964 Sierra 13.doc apn 052- 181 -019 30' .e C -� Section Corner Sections 22,23,26 and 27, T30S.R 12E.MDM, I'd 3.5" Brass Disk stamped "Block CO Survey" per 81/1-S/31 Point of Commencement — 66 OS -- L10 55 Exception 12g2/pR/452 True Point a EXHIBIT "B" True Point of Beginnii S89'1 1-12 C� LF Lot 30 N containing x 0.0074 2/MB/36 r hectares (797 sq. ft.) x more or les J r\ w L13 x � L4x J 00 Doc. No. 2001 - 083565 (. IN METERS) 0 5 10 ^ v 1 : 500 '' L1 EXCEPTION LINE TABLE LINE LENGTH BEARING Llx 36.818 S62'08'22'E L2x 18.482 S14'11'05'E L3x 4.687 S05.13'51'W L4x 18.293 S84.46'09'E L5x 14.369 1 N05035'08'E L6X 1 11.515 N62'12'29'E N \,6 .EJ4he.lu;7� % I'd supertag �LS 7318" r 81/LS/31—,, 0 11 129452 0, 'Po' 0 \ Doc. No. 1998 - 018520 Lot 31 2/MB/36 LINE TABLE LINE LENGTH BEARING Ll 30.011 S51'45'22'E L2 2.398 S43'15'57'E L3 5.892 S43'15'57'E, L4 12.308 Sl'40'32'W L5 4,448 N39'8'11'E L6 3.099 N62'12'29'E L7 7.485 N16'25'05'E L8 7.155. N44.25'55'E L9 2.584 N14'11'05'W L10 73.280 N84.31'18'W 1-11 47.352 N59'14'46'E'. L12 114.936 N81'23'03'E L13 5.018 S88.21'43'E L14 9.961 S2'0'1'E L15 14.557 S23 *49'37'W L16 26.067 S84.42'49'E L17 13.274 N18629'43'E L18 6.574 N1'33'38'E L19 .17.029 N7'21'55'E A portion of the land described in the grant deed to Sierra Vista Hospital, INC. a California corporation recorded, April 1, 1998 and filed as Document No. 1998- 018520 of Official Records, in the Office of the County Recorder of the County of San Luis Obispo, State of California. U, Sheet 1 of 1 John L. Wallace & Associates W 477 -0001 sierro -13 1:500 01/28/04 opn 052 -181 -019 1 A Exhibit A Legal Description A portion of the land described in the grant deed to Select Income Properties 6, a California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at Page 600 of Official Records in the Office of the County Recorder of the County of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, being more particularly described as follows: Commencing at the corner common to Sections 22,23,26 and 27, on the northerly line of Foothill Boulevard, as shown on the map of California Park Subdivision filed December 2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of Licensed Surveys in the Office of the County Recorder of said County, from which a found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa Street cap as shown on said Record of Survey bears, north 81 °23'03" east 114.936 meters [north 79 °21' 11" east 114.941 meters calculated from data per said Record of Survey); Thence south WITH" east 6.667 meters to a point on the northerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps and the True Point of Beginning; Thence north 03 °51'21" east 22.344 meters; Thence south 86 °44'18" east 16.574 meters; Thence north 80 °15'13" east 20.952 meters; Thence south 07 °33'01" east 5.664 meters; I 1 Thence south 80 °51'10" west 20.780 meters; Thence north 87 °01'06" west 11.528 meters; Thence south 01'5 1'08" west 16.672 meters to said northerly line; 1CAA:A4W A ,og 8 Thence, along said northerly line, north 89 °17'40" west 6.877 meters to the True Point of Beginning. Containing 0.0319 hectares (3,429 sq. ft.) more or less. The above - described piece of land is graphically shown on Exhibit `B" attached hereto and made a part hereof. End of Description. .fro Z-Z�OI� �p1�OSC beorgef Marchenko LS 6964 Date License Expiration Date: 9/30/2005 sssa select6- 8 &8A.doc apn 052- 252 -026 �Oe ., ...tO LINE TABLE LINE LENGTH BEARING LO 6.667 N89'17'58'W L1 22.344 N03051'21'E L2 16.574 S86044'18'E L3 20.952 N80'15'13'E L4 5.664 S07.33'01'E L5 20.780 S80'51'10'W L6 11.528 N87'01'06'W L7 16.672 S01 *51'08'W L8 6.877 N89'17'40'W Section Corner Sections 22,23,26 Fd 3.5" Brass Disk "Black CO Survey 81/LS/31 Point of Commenc EXHIBIT "B" � , ,ExkA�bw-Y,Q- -P19 \ Doc. No. 2000 - 073535 & 2001 - 002824 Parcel 1 of 37/PM/13 Lot 29 and 27 2/MB/36 �CIoo stamped Q per Containing 0.0319hectares c,J� 1993/OR/600 (3,429 sq., ft.) Jca1�1 ement /more'or I ss. �� Fo L2 L6 J —I N 81-23'03.- E _ - - - -- - ---- --- -- - - -- �p01Lb Q1gi — i�- ,�� 0, LD L$ True Point Of E '6 Beginning " S89'17' 40 "E 55 iw�1, I 10 0 a 10 A portion of the land described in the grant deed to Select Income .Properties 6, a California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at Page 600 of Official Records in the Office of the County Recorder of the County of San Luis Obispo, State of California. N6 01 i Sheet 1 of 1 John L. Wallace & Associates 477 -0001 select6 -8 &8A 1:800 01/28/04 apn 052- 252 -026 1 Exhibit A Legal Description ,�aclt.c,di-/ A- -Pa /o A portion of the land described in the grant deed to Select Income Properties 6, a California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at Page 600 of Official Records in the Office of the County Recorder of the County of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, being more particularly described as follows: Commencing at the comer common to Sections 22,23,26 and 27, on the northerly line of Foothill Boulevard, as shown on the map of California Park Subdivision filed December 2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of Licensed Surveys in the Office of the County Recorder of said County, from which a found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa Street cap as shown on said Record of Survey bears, north 81 °23'03" east 114.936 meters [north 79°21.' 11" east 114.941 meters calculated from data per said Record of Survey]; Thence south 89 °17'58" east 6.667 meters to a point on the northerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps; Thence north 03 °51'21" east 22.344 meters; Thence south 86 °44' 18" east 16.574, meters; Thence north 80 °15'13" east 20.952 meters to the True Point of Beginning; Thence north 09 °33'54" west 6.494 meters; Thence north 78 °55'46" east 12.875 meters; Thence south 14 022'16" west 7.441 meters; Thence south 10 °32'31" east 2.140 meters; ,Ex A -Pad Thence south 53 °25'20" west 11.278 meters to a point from which said tag stamped LS 7318 bears south 89 °37'28" east 67.230 meters; Thence north 10 °59'54" west 1.570 meters; Thence north 07 °33'01" west 5.664 meters to the True Point of Beginning. Containing 0.0122 hectares (1,312 sq. ft.) more or less. The above - described piece of land is graphically shown on Exhibit `B" attached hereto and made apart hereof. End of Description. �� e� o Z- Z- 04 George Y. Marchenko LS 6964 Date License Expiration Date: 9/30/2005 select6-9.doc apn 052- 252 -026 L.S. 6984 C EXHIBIT "B" LINE TABLE LINE LENGTH BEARING LO 6.667 S89.17'58'E L1 22.344 N03051'21'E L2 16.574 S86.44'1 8'E L3 20.952 N80'15'13'E L4 6.494 N09'33'54'W L51 12.875 N78.55'46'E L6 7.441 S14.22'16'W L7 2.140 S10'32'31'E L8 11.278 S53'25'20'W L9 1.570 N10'59'54'W L10 5.664 N7'33'1'W True Point Of Section Corner Beginning \2/MB/36 ot 29 Sections 22,23,26 and 27 Fd 3.5" Brass Disk stamped "Black CO Survey" per 15 81/LS/31 1993/OR/ Point of Commencement I L2 E N 81.23'03 " 114_ _- Doc. No. 2000 - 073535 & 2001- 002824 Parcel 1 of 37/PM/13 �t. Cant ining 0.0122hectores �oQe (1,31 sq. ft.) a �� co more or less. J /S 89-37'28"E � A. Footihi \\ B \v S891 7'40 "E IN METERS +o o e io 1 : 800 A portion of the land described in the grant deed to Select Income Properties 6, a California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at Page 600 of Official Records in the Office of the County Recorder of the County of Son Luis Obispo, State of California. ro 00 F Sheet 1 of 1 John L. Wallace & Associates ,L 477 -0001 select6 -9 1:800 01/28/04 opn 052 - 252 -026 Exhibit A Legal Description A portion of the land described in the grant deed to Select Income Properties 6, a California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at Page 600 of Official Records in the Office of the County Recorder of the County of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, being more particularly described as follows: Commencing at the corner common to Sections 22,23,26 and 27, on the northerly line of Foothill Boulevard, as shown on the map of California Park Subdivision filed December 2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of Licensed Surveys in the Office of the County Recorder of said County, from which a found tag stamped LS 7318 marking the intersection of Foothill Boulevard with Casa Street cap as shown on said Record of Survey bears, north 81 °23'03'.' east 114.936 meters [north 79 °21' 11" east 114.941 meters calculated from data per said Record of Survey]; Thence south 89 °17'58" east 6.667 meters to a point on the northerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps; Thence north 03 °51'21 ".east 22.344 meters; Thence south 86 °44'18" east 16.574 meters; Thence north 80 015'13" east 20.952 meters to the True Point of Beginning; Thence north 80 °15'13" east 9.851 meters; Thence south 10 °32'31 "east 10.754 meters; Thence south 78 °10'13" west 2.642 meters; Thence north 10 °24'12" west 5.190 meters; Thence south 80 °15'13" west 4.380 meters; 0 0 )6x�4.,�4 A — p� /,c/ Thence south 53 °25'20" west 3.478 meters to a point from which said tag stamped LS 7318 bears south 89 °37'28" east 67.230 meters; Thence north 10 °59'54" west 1.570 meters; Thence north 07 °33'01" west 5.664 meters to the True Point of Beginning. Containing 0.0073 hectares (781 sq. ft.) more or less. The above- described piece of land is graphically shown on Exhibit "B" attached hereto and made a part hereof. End of Description. LAND SG m t Z-2-o4 Jv oQ George Y. Marchenko LS 6964 Date * o L& 6964 License Expiration Date: 9/30/2005 6yp"RES 4- 3o -tvS, select6 -9Adoc apn 052- 252 -026 0 LINE TABLE LINE LENGTH BEARING LO 6.667 S89'17'58'E LI 22.344 NO3'51'21'E L2 16.574 S86044'18'E L3 20.952 N80'15'13'E L4 9.851 NB0'15'13'E L51 10.754 S10'32'31'E L61 2.642 S78'10'13'W L7 5.190 N10'24'12'W L8 4.380 S80'15'13'W L9 3.478 S53'25'20'W LID 1.570 N10'59'54'W L11 5.664 N7'33'1'W True Point Of 0 xlu;6 i-f A - por 15 \ EXHIBIT "B" \ Doc. No. 2000 - 073535 & 2001 - 002824. Section Corner Lot 29 \ Sections 22,23,26 and 27 2/MB/36 Fd 3.5" Brass Disk stamped "Black CO Survey" per Cont fining 0.007 81 /LS /31 1993/OR/600 (781 sq. ft.) Point of Commencement �_4 morl or less. L2 L3 �-g Ln S 89'37'28" E Parcel 1 of 37/PM/13 ectores �. 67.230 - o $1_23'03 - E 114 "9�6 111 Blva N66 0� �'I __ -- - booth DLO ra 08 55,e S89'1 7'40 "E ( IN METH ) w a 5 1 : 800 A portion of the land described in the grant deed to Select Income Properties 6, a California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at Page 600 of Official Records in the Office of the County Recorder of the County of San Luis Obispo, State of California. r 0 0 Qn� CIO, hJg� Sheet 1 of 1 John L. Wallace & Associates 477 -0001 select6 -9A 1:500 01/28/04 con 052- 252 -026 Exhibit A Legal Description That portion of the land described in the grant deed to Select Income Properties 6, a California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at Page 600 of Official Records in the Office of the County Recorder of the County of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, lying southerly and easterly of the following described line: Commencing at the comer common to Sections 22,23,26 and 27,. on the northerly line of Foothill Boulevard, as shown on the map of California Park Subdivision filed December 2, 1919 in Book 2, at Page 36 of Maps, in the Office of the County Recorder of said County, marked by a brass cap as shown on a Record of Survey filed in Book 81 Page 31 of Licensed Surveys in the Office of the County Recorder of said County, from which a found tag stamped LS 7318 marling the intersection of Foothill Boulevard with Casa Street cap as shown on said Record of Survey bears, north 81 °23'03" east 114.936 meters [north 79'21'11" east 114.941 meters calculated from data per said Record of Survey]; Thence south 89'.1749" east 13.544 meters to a point on the northerly line of Foothill Boulevard, 60 feet wide, as shown on said map filed in Book 2, at Page 36 of Maps; Thence north 01 *51'08" east 16.672 meters; Thence south 87 °01'06" east 11.528 meters; Thence north 80 °51'10" east 20.780 meters; Thence south 10 °59'54" east 1.570 meters; Thence north 53 °25'20" east 3.478 meters; Thence north 80 °15'13" east 4.380 meters; Thence south 10 °24' 12" east 5.190 meters; Thence north 78 °10'13" east 2.642 meters to the True Point of Beginning; Thence north 10 °32'31" west 10.754 meters; Thence north 14 °22'16" east 7.441 meters; Thence north 03 °15'42" east 7.442 meters; Thence north 06 °13'26" west 5.567 meters; Thence north 12 °44'25" west 8.155 meters; Thence north 24 °03'47" west 11.291 meters; Thence north 67 °4742" east 8.615 meters; ExAC ,h4A - /P / Thence north 68 °39'19" east 13.249 meters to a point from which said tag stamped LS 7318 bears south 37 037'00" east 70.420 meters. Excepting therefrom that portion. lying southerly of that certain course of the land described in the deed of easement to the City of San Luis Obispo recorded in Volume 1315 of Official Records at Page 520 in the Office of the County Recorder of said County having a bearing and distance of south 52 028' west 163.37 feet per said deed of easement [south 53 °25'20" west per this description]. Containing 0.0394 hectares (4,239 sq. ft.) more or less. The above- described piece of land is graphically shown on Exhibit `B" attached hereto and made a part hereof. End of Description. 1JWD Sv George YdMaichenko LS 6964 Date n LSD License Expiration Date: 9/30/2005 * t-7`Pi 9 -30- VS select&10.doc apn 62- 252 -026 C Section Corner Sections 22,23,26 and 27 Fd 3.5" Brass Disk stamped "Black CO Survey" per 81/LS/31 1993/OR/600 Point of Commencement EXHIBIT "B" \ Doc'. No. 2000 - 073535 ,- &.2001- 002824 �6 Lot .29 2/MB/36 J , —I f L2 L3 OR /520, ''s I-- 1315/ . E 114.9 I—' 1y,81_23 03 Parcel 1 of 37/PM/13 �0 Containing 0.0394�.\\Q hectares (4,239 sq. ft.) Imore or less. �`C True Point BWd Beginning N66 LO ' 08 5.481 S89'17'40 "E ( IN MMERs ) 1 : 800 A portion of the land described in the grant .deed to Select Income Properties 6, a California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at Page 600 of Official Records in the Office of the County Recorder of the County of San Luis Obispo, State of California. e� 5Jz' ca X10 aJ 1. F O O F\ Sheet 1 of 1 John L. Wallace & Associates 477 -0001 select6 -10 1:800 01/28/04 apn 052- 252 -026 ` WA LINE TABLE LINE LENGTH BEARING LO 13.544 S89'17'49'E LI 16.672 N01051'08'E L2 11.528 S87.01'06'E L3 20.780 N80'51'10'E L41 1.570 S10'59'54'E L51 3.478 N53'25'20'E L6 4.380 N80'15'13'E L7 5.190 S10'24'12'E L8 2.642 N78'10'13'E L9 10.754 N10'32'31'W L10 7.441 N14.22'16'E 1-11 7.442 NO3'15'42'E L12 5.567 N06'13'26'W L13 8.155 N12044'25'W L14 11.291 N24003f47'W L15 8.615 N67'47'42'E L16 13.249 N68'39'19'E Section Corner Sections 22,23,26 and 27 Fd 3.5" Brass Disk stamped "Black CO Survey" per 81/LS/31 1993/OR/600 Point of Commencement EXHIBIT "B" \ Doc'. No. 2000 - 073535 ,- &.2001- 002824 �6 Lot .29 2/MB/36 J , —I f L2 L3 OR /520, ''s I-- 1315/ . E 114.9 I—' 1y,81_23 03 Parcel 1 of 37/PM/13 �0 Containing 0.0394�.\\Q hectares (4,239 sq. ft.) Imore or less. �`C True Point BWd Beginning N66 LO ' 08 5.481 S89'17'40 "E ( IN MMERs ) 1 : 800 A portion of the land described in the grant .deed to Select Income Properties 6, a California limited partnership recorded July 11, 1977 in Book 1993 of Official Records at Page 600 of Official Records in the Office of the County Recorder of the County of San Luis Obispo, State of California. e� 5Jz' ca X10 aJ 1. F O O F\ Sheet 1 of 1 John L. Wallace & Associates 477 -0001 select6 -10 1:800 01/28/04 apn 052- 252 -026 ` WA TV -b(tc U-�Oa�G a-4 RESOLUTION NO. 9526 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL, THEREBY, DENYING A USE PERMIT FOR A CAR WASH AT 1308 MONTEREY STREET AP -PC- 131 -03 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on December 17, 2003 pursuant to the appeals received on November 25th and upheld the hearing officers determination, approving a use permit to allow the car wash subject to findings and conditions; and WHEREAS, an appeal of the Planning Commission's determination to approve the use permit was received on January 22, 2004; and WHEREAS, the City Council of the City of San Luis Obispo has considered testimony of the applicant, interested parties and appellants, and evaluation and recommendations by staff an the Planning Commission; and NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. 1. The establishment of a new car wash will be detrimental to the health, safety or welfare of persons working or living at the site or within the vicinity. 2. The car wash is not consistent with City General Plan policies, specifically LU 2.2.2, LU 2.1.3, and LU 2.2.4 since the development of this commercial property with a car wash adjacent to sensitive residential uses since the car wash will introduce additional noise and traffic to the site. SECTION 2. Action. The Council hereby denies the use permit to allow the car wash. R 9526 Resolution No. 9516 (2004 series) Page 2 On motion of Council Member Mulholland seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 17th day of February, 2004. ATTEST: !� Lee Price, City Clerk APPROVED AS TO FORM: J an P. Lowell City Attorney Mayor David F. Romero C b7C) 1, A-0 9 iF,+ � X40 Lo Olt- RESOLUTION NO. 9525 (2004 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE PROPERTY LOCATED AT 3265ROCKVIEW PLACE, SAN LUIS OBISPO, CA AS SURPLUS PROPERTY AND AUTHORIZING THE CITY ADMINISTRATIVE OFFICE TO TAKE, ACTIONS LEADING TO ITS SALE WHEREAS, the City owns vacant property located at 2365 Rockview Place, San Luis Obispo, CA that was originally purchased as part of a road widening project on Rockview Place; and WHEREAS, the City no longer has the need for this property; and WHEREAS, as part of the 2003 -05 Financial Plan the Council approved researching the sale of surplus property to continue funding for open space purchases; and WHEREAS, several private parties have expressed an interest in purchasing the property; and WHEREAS, in accordance with the City's property management policies, the City has notified government agencies operating in San Luis Obispo of the availability of the property and has received no interested responses; and WHEREAS, on January 28, the Planning Commission determined that disposition of this property is consistent with the policies of the Land Use Element of the General Plan; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective immediately, the property at 3265 Rockview Place, San Luis Obispo, CA is declared surplus. SECTION 2. The City Administrative Officer, or his designee, is authorized to seek proposals from private parties interested in purchase of this property. SECTION 3. The Council will be advised on the progress of any purchase offers, and will approve any sales agreement. R 9525 Resolution No. 9525 (2004 Series) 3 Page 2 Upon the motion of Council Member Settle, seconded by Vice Mayor Schwartz, and on the following roll call vote: AYES: Council Members Mulholland and Settle, Vice Mayor Schwartz and Mayor Romero NOES: None ABSENT: Council Member Ewan The foregoing resolution was adopted this 17`' day of February, 2004. ZZ;J� /, Mayor David F. Romero ATTEST: Lee Price,.C.M.C. City Clerk; APPROVED AS TO FORM: J6natran P. Lowell, City Attorney 0