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HomeMy WebLinkAbout10048-10075� o RESOLUTION NO. 10075 (2009 SERIES) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING AMENDMENTS TO THE HIGUERA COMMERCE PARK SPECIFIC PLAN FOR PROPERTY AT 3897 SOUTH HIGUERA STREET AND 120 TANK FARM ROAD SPA/ER 170 -07 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 March 11, 2009 pursuant to a proceeding instituted under application SPA/ER 170 -07, Long Street Farm LLC, applicant; and WHEREAS, the City Council 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 April 21, 2009 for the purpose of considering Application SPA/ER 170 -07; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has reviewed -and considered the Negative Declaration of environmental impact for the project as prepared by staff and reviewed by the Planning Commission; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: Section 1. Environmental Determination. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project entitlements in accordance with the California Environmental Quality Act and the City's Environmental Guidelines, and reflects the independent Judgment of the Council. The Council hereby adopts the Mitigated Negative Declaration incorporating all of the mitigation measures listed below into the project: Mitigation Measures: 1. A. Construction Phase Mitigation. Temporary impacts from the project including, but not limited to, excavation and construction activities and vehicle emissions from heavy duty equipment have the potential to create dust and emissions that exceed air quality standards for temporary and intermediate periods unless mitigation measures recommended by the APCD are R 10075 Resolution No. 10075 (2009 S• s) O Page 2 incorporated including but not limited to: a. Reduce the amount of the disturbed area where possible, b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible, c. All dirt stock pile areas should be sprayed daily as needed, d. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities, e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating native grass seed and watered until vegetation is established, f. All disturbed soil areas not subject to revcgetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD, g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used, h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site, i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114, j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site, and k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. a) No significant grading shall occur in the location noted as a potential underground oil plume site. 1. B. Operational Phase Mitigation a. Provide on -site bicycle parking. One bicycle parking space for every 10 car parking spaces is considered appropriate. Resolution No. 10075 (2009 Senes) O Page 3 b. Provide on -site eating, refrigeration and food vending facilities to reduce employee lunchtime trips. c. Provide preferential carpool and vanpool parking spaces. d. Provide shower and locker facilities to encourage employees to bike and /or walk to work, typically one shower and three lockers for every 25 employees. e. Increase the building energy efficiency rating by 10% above what is required by Title 24 requirements. This can be accomplished in a number of ways (increasing attic, wall, or floor insulation, installing double pane windows, using efficient interior lighting, etc.). Discretionary Measures (include all feasible measures from the following list) Site Design Mitigation for this Commercial Project a. Increase street shade tree planting. b. Increase shade tree planting in parking lots to reduce evaporative emissions from parked vehicles. c. Provide on -site banking (ATM) and postal services. d. Provide on -site child care facilities for employees. e. Implement on -site circulation design elements in parking lots to reduce vehicle queuing and improve the pedestrian environment with designated walkways. f. Provide pedestrian signalization and signage to improve pedestrian safety. Transportation Demand Mitigation a. If the project is located on an established transit route, improve public transit accessibility by providing a transit turnout with direct pedestrian access to the project or improve existing transit stop amenities. b. Provide incentives to employees to carpool / vanpool, take public transportation, telecommute, walk, bike, etc by implementing the Transportation Choices Program.. The applicant should Contact SLO Regional Rideshare at 541 -2277 to receive free consulting services on how to start and maintain a program. c. Provide Transportation Choices Program information centers on alternative transportation modes at the site (i.e. a transportation kiosk). Contact SLO Regional Rideshare for appropriate materials at 541 -2277. Resolution No. 10075 (2009 Sei'fes) O Page 4 d. Employ or appoint an Employee Transportation Coordinator. e. Implement an APCD approved Trip Reduction Program. f. Provide for shuttle /mini bus service. g. Increase the quality of existing bicycle routes /lanes or add bicycle routes /lanes which access the project. h. Implement compressed work schedules. i. Implement a telecommuting program. j. Implement a lunch -time shuttle to reduce single occupant vehicle trips. k. Participate in an employee "flash pass" program, which provides free travel on transit buses. 1. Include teleconferencing capabilities, such as web cams or satellite linkage, which will allow employees to attend meetings remotely without requiring them to travel out of the area. m. If the development is a large grocery store or large retail facility, provide home delivery service for customers. Energy Efficiency Measures a. Shade tree planting along southern exposures of buildings to reduce summer cooling needs. b. Use roof material with a solar reflectance value meeting the EPA/DOE Energy Star® rating to reduce summer cooling needs. c. Use built -in energy efficient appliances, where applicable. d. Use double -paned windows. e. Use low energy parking lot and street lights (e.g. sodium). f. Use energy efficient interior lighting. g. Use low energy traffic signals (e.g. light emitting diode). h. Install door sweeps or weather stripping if more energy efficient doors and windows are not available. Resolution No. 10075 (2009 Series) Page 5 i. Install high efficiency or gas space heating. j. Replace diesel fleet vehicles with cleaner fueled low emission vehicles (e.g. school buses, transit buses, on and off road heavy duty vehicles, lighter duty trucks and passenger vehicles). k. Retrofit existing equipment to reduce emissions through methods such as catalyzed diesel particulate filters, diesel oxidation catalysts, or other approved technologies. Monitoring Program: Construction phase air quality mitigation measures are monitored by the Air Pollution Control District (APCD), through a complaint based enforcement system. The requirements listed above are noted on the project plans and the City Building Inspector and Public Works Inspector for the project are instructed to contact APCD in the event of a probable violation. Members of the public can also call APCD if they are concerned about dust or other emissions from a construction site. Mitigation Measures: Cultural Resources 2. An architectural historian shall be retained by the project applicant in order to provide specific direction to the restoration, reconstruction and treatment of historic structures, landscape and site features. A detailed report that provides project recommendations on the treatment of these features shall be submitted prior to final architectural review of the project. 3. The Proposed project and any reconstruction, repair, or new additions to existing structures shall be consistent with the Historic Preservation Agreement for the property and consistent with the Secretary of Interior Standards. Mitigation Measures: Hazards 4. A Site and Task Specific Safety Plan is required to be submitted to the City of San Luis Obispo for review and approval by the Fire Department Hazmat Coordinator prior to any grading or construction activities. The purpose of this plan is to evaluate future construction documents and provide safety information for workers on -site regarding hazards that may be encountered during work on the project. No further study of site contamination is required. The safety plan shall be based on the January 7, 1997, report by England and Associates titled "Health and Safety Plan: Crude Oil Hazard and Material Handling, Tank !Farm Road Pipeline Leak Site" Mitigation Measures: Hydrology and Water Quality 5. The proposed project shall comply with post - development stormwater treatment in accordance with City of San Luis Obispo Standard 10 1 OB. Complete details, detail references and plan notes for the proposed Best Management Practices and improvements necessary to provide reasonable stormwater treatment shall be provided with the final drawings for Architectural Review. The conceptual site plan, civil plans, utility plans, and landscape plans shall be revised to recognize all proposed treatment measures. The plans may include but are Resolution No. 10075 (2009 Series) O Page 6 include but are not limited to infiltration, detention and settling, biofiltration, filtration, and flow - through separation. 6. The Water Quality Board State Construction Permit will require dischargers to replicate the pre - project runoff water balance (for this permit, defined as the amount of rainfall that ends up as runoff) for the smallest storms up to the 85`x' percentile storm event (or the smallest storm event that generates runoff, whichever is larger). Depending upon the time of application to record the parcel map and/or timing to complete the construction of public improvements, the project may be subject to the new Board regulations. Mitigation Measures: Transportation/Traffic 7. Prior to the issuance of building permits to develop new commercial buildings, the project shall be required to pay traffic impact fees based on the site's Specific Plan allowed uses which allow for more intensive development than the typical Industrial zoning. 8. A minimum of one off - street loading zone measuring a minimum of 12 ft x 40 ft. shall be provided on each parcel. 9. The project is required to design and install project frontage improvements which include landscaped medians on Tank Farm Road and drainage, bicycle, and pedestrian improvements (including pedestrian countdown heads) at the South Higuera/Tank Farm Road intersection to bring the intersection into compliance with current standards and accommodate the site's development intensification. 10. On -site pedestrian circulation shall be provided between Parcel 1 and the Tribune site and between Parcels 2 and 3. 11. To ensure entering vehicles will not queue onto Tank Farm Road, location of on -site parking within close proximity to the Tank Farm driveways shall be designed to the approval of the City Public Works Director. 12. The applicant may be required to pay their fair share of the cost to: 1) signalize the intersection of Long/Tank Farm; or 2) develop a round about at the intersection. 13. Bicycle parking shall be installed at highly visible locations that are as close to the main entrance of the destination as possible and located at least as conveniently as the most convenient automobile parking space. 14. Long and short-term bicycle parking shall be provided in accordance with Table 6.5 of the Zoning Regulations. Bicycles shall be parked vertically or horizontally with at least the rear tire resting at floor level. Peak racks (Peakracks.com) or inverted "U" racks can be used for short term bicycle parking. Inverted "U" racks used for short-term parking shall comply with City Engineering Standard 7930 and the City's Community Design Guidelines which identify minimum clearances from other features. Dimensioned details of the short and long- Resolution No. 10075 (2009 Series) O Page 7 term bicycle parking shall be provided on the project's construction plans including rack design, location, clearances and circulation for users in compliance with manufacturers' standards. 15. To minimize traffic impacts, a trip reduction plan and implementation program is required. The plan and program may be submitted by individual employers or coordinated into a cooperative transportation management program for some or all of the tenants in the development. The plan shall include: a) designation of a coordinator to administer the program; b) carpool and transit information; c) incentives for employees to use alternative transportation including secure bicycle storage, showers and dressing rooms, and employer - paid subsides to employees using public transit, or other measures to approval of the Public Works Director. 16. Future tenants shall be notified that the intersection at Long/Tank Farm is not planned for signalization. Section 2. Specific Plan Amendment Approval & Findings. The Amendments to the Higuera Commerce Park Specific Plan included as part of City Application No. SPA 170 -07, which amends the Specific Plan as shown on the attached Exhibit A, is hereby approved, based on the following findings and conditions: Findings: 1. The Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential environmental impacts of the proposed project, and reflects the independent judgment of the Commission. 2. The proposed specific plan amendment is consistent with General Plan Land Use Element policies regarding the Services and Manufacturing land use district zoning, which designate such districts for locations that are appropriate to accommodate a variety of service, office and light manufacturing uses in addition to restaurants. 3. The proposed specific plan amendment will facilitate implementation of the Historic Preservation Agreement that was recorded for the property and will help to stimulate redevelopment of underutilized properties within vicinity. 4. The proposed specific plan amendment responds to the current development pattern of the Vicinity and updates an antiquated component of the specific plan to accommodate the demands of commercial development while responding to the need to preserve and restore the existing historic structures. Action: The Commission hereby recommends approval of a specific plan amendment to modify the allowed land uses and lot sizes within a portion of the Special Industrial zone of the Higuera Resolution No. 10075 (2009 SeTes) Page 8 Commerce Park Specific Plan and adoption of said Mitigated Negative Declaration (SPA/ER 170 -07), as shown on attached Exhibit A including: Condition- 1. The map exhibits within the Higuera Commerce Park Specific Plan shall be revised to clearly indicate the "Long - Bonetti Ranch" properties as a sub area within the Special Industrial district. The land uses that are normally allowed within the Special Industrial district shall be allowed in addition to the "sub- area" conditionally allowed uses noted in Exhibit A. 2. Minimum lot frontage and width within the sub -area shall be consistent with the City's Subdivision Regulations for the C -S and M zone. 3. Prior to final amendments to the specific plan, the "Shops at Long - Bonetti Ranch" project shall receive architectural review and the tentative subdivision map to acquire a portion of the Tribune property shall be recorded. Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 21" day of April 2009. Mayor David F. Romero ATTEST: Audrey Hop er City Clerk APPROVED AS TO FORM: a Lowell City Attorney Resolution No. 10075 (2009 Scs) O Exhibit A Page 9 Page 6, Higuera Commerce Park Specific Plan Gendigi-PH4 use-9 For the parcels along the northern side of Tank Farm Road between Long Street and South Higuera Street and a portion of the 'Tribune Parcel adjacent to Long Street the following land uses may be allowed with approval ofan administrative use permit: • Retail sales of furniture and.furnishings. • Produce stands, outdoor sales of agricultural products (seasonal produce and flowers). • Florists (pottery and gift shops) • Retail sales, groceries, liquor and specialty foods, bakery, (less than 10, 000 sq. ft.) • Retail Sales — Specialties* • Retail Sales - outdoor sales of buildings and landscape materials, (nursery). • Catering. • Wine Tasting. • Restaurants, sandwich shops, take -out food, etc. • Business and Service Offices • Processing Offices • Production and Administrative Offices • Professional offices except those that provide direct services to consumers and rely upon downtown services. • Medical Service- Doctor office (when the once meets the findings established in MC 17.22, table 9, note 12) * General and specialty retail sales may be allowed onlv when the cumulative floor area of all general or specialty retail uses remains less than 50% ofthe floor area of all land uses within the parcels along Tank Farm Road between Long Street and South Higuera Street. Page 7, Higuera Commerce Park Specific Plan 2. Lot Area All lots in the northern 50 acres, Service Commercial zone, shall have a minimum area of 12,000 square feet but shall not exceed a maximum area of five acres. Each lot in the The special industrial st4-area shall be at least 1.75 acres with the exception of the sub -area for the Long- Bonetti Ranch which may have lots of any size or shape as long as they conform with the Subdivision Regulations for the Manufacturing zone. ., A S..eei#. Land r s ne„n Condominiums and airspace subdivisions of any size may be approved pursuant to City Subdivision Regulations. 3. Minimum Lot Frontage and Width The minimum lot frontage and width in the northern 50 -acre subdivision shall be 80 feet. The Resolution No. 10075 (2009 Sts) O Page 10 minimum lot frontage and width in the special industrial sub-area shall be 200 feet. Resolution No. 10075 (2009 Se O Exhibit A ries) Page 1 1 Page 2 MqA \ F1M SNFF F<O Higuera Commerce Park Specific Plan Amendment 170 -07 09 oo° /y> HIND TANK FARM ®Long - Boneni Ranch Sub area subject to list of conditionally allowed uses and reduced minimum lot size. • 0 RESOLUTION NO. 10074 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OF INTENTION TO ABANDON PORTION OF CHURCH STREET RIGHT -OF -WAY; ABAN 45-07 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 February 25, 2009, for the purpose of considering application GPC /ABAN /TR/A/ER 45 -07, and making a General Plan determination and formulating a recommendation to the City Council on a request for abandonment of excess right -of -way including a portion of Church; and WHEREAS, research of the title report shows that the City of San Luis Obispo does not have fee ownership of land underlying the street right -of -way; and WHEREAS, the Planning Commission found that the proposed right -of -way abandonment is consistent with the City's General Plan, and recommended that the City Council approve the abandonment, based on findings and subject to conditions as indicated in the Planning Commission Resolution, incorporated herein by reference; and WHEREAS, the City Council 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 April 21, 2009, pursuant to a proceeding instituted under application ABAN 45 -07. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis Obispo to abandon a portion of Church Street as shown on the map marked Exhibit A, on file in the office of the City Clerk, pursuant to Section 8300 et seq. of the State of California Streets and Highways Code, and that the abandonment shall be based on the following findings: Findings: 1. The proposed abandonment of right -of -way is consistent with the General Plan because the excess right -of -way is not needed for present or future public purposes, because this portion of Church Street does not convey through - traffic, and because it is desirable to direct passersby to Osos Street rather than Church Street. 2. Maintenance of the excess right -of -way width as part of the public street would not serve any reasonable public purpose since adequate travel and parking lanes will be retained. R 10074 Resolution No. 10074 (2009 SOS) • Page 2 3. The abandonment of the rights -of -way will benefit the general public be eliminating unused right -of -way and the City's costs for maintaining additional infrastructure improvements. 4. The proposed right -of -way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are on file in the office of the City Clerk at 990 Palm Street. SECTION 3. Tuesday, June 2, 2009, at 7:00 p.m. in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is more than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full at least ten (10) days before the public hearing on the proposed street rights -of -way abandonment, in The Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) public notices of the proposed abandonment in prominent locations near the portion of the street rights -of -way to be abandoned at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonments within ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways Code. Upon motion of Vice Mayor Settle, seconded by Council Member Ashbaugh and on the following vote: AYES: Council Members Ashbaugh and Marx, Vice Mayor Settle and Mayor Romero NOES: Council Member Carter ABSENT: None Resolution No. 10074 (2009 At) O Page 3 The foregoing resolution was passed and adopted this 21" day of April 2009. Mayor David F. Romero ATTEST: APPROVED AS TO FORM: an P. Lowell City Attorney • VICINITY MAP �G �V .V , File No. 45 =07 Abandonment of portion of Church St Ak RESOLUTION NO. 10073 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT MAP, DISPOSITION OF SURPLUS PROPERTY, USE PERMIT FOR DEVELOPMENT OF A SENSITVE SITE, AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A MIXED -USE DEVELOPMENT AT 1804 AND 1814 OSOS STREET; GPC /ABAN /TR/A/ER 45 -07 (TRACT SLO 07 -0094) 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 February 25, 2009, for the purpose of considering application GPC /ABAN /TR/A/ER 45 -07, making a General Plan Consistency determination, and formulating a recommendation to the City Council on a request to allow the purchase of surplus property for a mixed -use development, Vesting Tentative Tract Map, and Use permit for development of a sensitive site and lease of parking spaces; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, Califomia, on April 21, 2009, for the purpose of considering the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. CEQA Compliance Findings. Based upon all the evidence, the City Council makes the following findings: 1. The Planning Commission finds and determines that the project's Mitigated Negative Declaration which was prepared by the Community Development Department on February 12, 2009 adequately identifies that with the incorporation of recommended mitigation measures there is no foreseeable potential for significant environmental impacts by the proposed project. SECTION 2. Subdivision Findings. Based upon all the evidence, the City Council makes the following findings: 1. The proposed vertical subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and Subdivision Regulations, including compatibility with the objectives, policies, general land uses and programs specified in the General Plan. R 10073 Resolution No. 10073 (2009 SOS) -° O Page 2 2. As conditioned, the subdivider will defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach set aside, void or annul an approval of the City Council, Planning Commission, or City Staff concerning a subdivision. 3. The proposed vesting tentative tract map is consistent with the General Plan and Railroad District Plan, including LUE Goal 12, LUE Policy 2.2.1, COSE Policy 3.3.4, and RDP Policies 2.5 (A) and 3.1 (A), because the subdivision will provide compact infill development, encouraged by the General Plan, while restoring and revitalizing historic structures. 4. The site is physically suited for the proposed type of development because the project has been designed to utilize available floor area and residential density, while making efficient use of available parking facilities. 5. The design of the subdivision, or type of improvements, is not likely to cause serious public health or safety problems because the type of improvements are appropriate for the location will be designed to meet existing building and safety codes. 6. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because such easements will be retained. SECTION 3. Disposition of Surplus Property Findings. Based upon all the evidence, the City Council makes the following findings: 1. The City no longer has need for the vacant fill -slope area located between the project site and the Railroad Parking lot. 2. Disposition of this property to facilitate infill development is consistent with the policies of the Land Use and Housing Elements of the General Plan, and is consistent with similar dispositions of property in the immediate vicinity. 3. The sale of surplus government property is exempt from the California Environmental Quality Act, pursuant to Section 15312 of the California Administrative Code. SECTION 4. Use Permit for development of a Sensitive Site Findings. Based upon all the evidence, the City Council makes the following findings: 1. Development of the site is consistent with the intent of the "S- overlay" and will not be detrimental to the health, safety or welfare of persons working or living at the site or within the vicinity, as with the incorporation of conditions the project will be constructed so as to attenuate noise consistent with City noise standards. 2. As conditioned, all residents of the site will be duly noticed of adjacent noise sources. SECTION 5. Action. The City Council does hereby approve the Vesting Tentative Tract Resolufion No. 10073 (2009 Series) 0 Page 3 Map, disposition of surplus property, Use permit for development of a sensitive site and lease of parking spaces, and adoption of a Negative Declaration for property located at 1804 and 1814 Osos Street (Application GPC /ABAN /TR/A/ER 45 -07; Tract SLO 07- 0094), with incorporation of the following project mitigation measures, conditions and code requirements: A. Mitigation Measures 1. Applicant shall comply with the Archaeological Resource Preservation Program Guidelines, to the approval of the Community Development Director, by submitting appropriate documentation verifying the following: a. Prior to issuance of construction permits, the applicant shall submit a monitoring plan, prepared by a subsurface - qualified archaeologist, for the review and approval by the Community Development Director. The monitoring plan shall include at a minimum: i. List of personnel involved in the monitoring activities; ii. Description of how the monitoring shall occur; iii. Description of frequency of monitoring (e.g. full -time, part time, spot checking); iv. Description of what resources are expected to be encountered; v. Description of circumstances that would result in the halting of work at the project site (e.g. What is considered "significant' archaeological resources ?); vi. Description of procedures for halting work on the site and notification procedures; vii. Description of monitoring reporting procedures; viii. Monitoring Program. 2. During all ground disturbing construction activities, the applicant shall retain a qualified archaeologist (approved by the Community Development Director) [and Native American] to monitor all earth disturbing activities, per the approved monitoring plan. If any significant archaeological resources or human remains are found during monitoring, work shall stop within the immediate vicinity (precise area to be determined by the archaeologist in the field) of the resource until such time as the resource can be evaluated by an archaeologist and any other appropriate individuals. The applicant shall implement the mitigation as required by the Community Development Director. 3. Upon completion of all monitoring/mitigation activities, and prior to occupancy or final inspection (whichever occurs first) or final approval of tract improvements, the consulting archaeologist shall submit a report to the Community Development Director summarizing all monitoring/mitigation activities and confirming that all recommended mitigation measures have been met. [If the analysis included in the Data Recovery program is not complete by the time final inspection or occupancy will occur, the applicant shall provide to the Community Development Director, proof of obligation to complete the required analysis]. Resolution No. 10073 (2009 SOS) • Page 4 4. Protective measures shall be taken to ensure the stability of the Alano Building during construction of new walls below grade, demolition of non - historic elements, and approved remodeling. 5. Voids around the windows shall be filled with insulation and wood blocking, and the perimeter of the windows chalked. 6. Walls shall be constructed with blanket insulation (R -13 or 3 %z" thick fiberglass) faced with a layer of 5/8" gypsum board, or alternative approach determined by the Building Official to have equivalent effects. 7. All vents and openings on the sides of the structure exposed to train noise shall have baffle boxes around them. 8. A forced air ventilation system shall be provided so that windows and doors may remain closed. 9. Prospective property owners and renters purchase or lease agreements shall include a disclaimer whereby residents consent to the higher noise levels they will experience on the project site due to the site proximity to the railroad tracks. These purchase agreements /leases shall state that the project site is located in an area designated for retail commercial uses and the City's Noise Ordinance does not include the same protections in this area as it does for residential neighborhoods. 10. Prospective property owners and renters shall be notified of the project's requested and approved parking reductions. Additionally, they should be advised that they should ensure that the amount of on -site and shared parking is adequate for their needs because they will not be able to obtain on- street parking pen-nits for any additional parking needs. 11. To minimize traffic impacts, a trip reduction plan and implementation program is required. The plan and program may be submitted by individual employers or coordinated into a cooperative transportation management program for some or all of the tenants in the development. The plan shall include: a) designation of a coordinator to administer the program; b) carpool and transit information; c) incentives for employees to use alternative transportation, and employer -paid subsides to employees using public transit, or other measures to the approval of the Public Works Director. B. Conditions 1. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. Resolution No. 10073 (2009 Seles) Page 5 2. Final project design and construction drawings shall be in substantial compliance with the project plans amended and approved by the ARC, PC, and City Council. 3. Include a separate full -size sheet in working drawings submitted for a building permit that lists all conditions, mitigation measures and code requirements of project approval as Sheet No. 2. Reference should be made in the margin of listed items as to where in plans the requirements have been addressed. 4. The existing Luna Cafe building shall be painted in a darker color to distinguish it more from the new addition behind it to the approval of the Community Development Director. 5. New windows, trim, and siding used on the Alano Club Building shall match the style, dimensions and materials of the original structure. 6. The new building shall incorporate additional materials and architectural details identified in the Railroad District Plan. a. These may include wood clapboard or smooth - textured horizontal hardiboard board siding such as Hardiplank or equal, with patterning less than 6 inches (6 ") wide lap, brick, plaster wainscots, exposed eaves, or other details described in the Plan. b. Roof should utilize composition shingles and two -piece barrel roof tiles, as appropriate. c. Emphasize the foundations and ground levels with plaster or wood wainscots, where appropriate. d. Use double hung or fixed windows, with wood or plaster trim. New windows on the existing buildings shall match the style, design and materials of the original windows. 7. Plan shall show the location of wood boardwalk, to the approval of the Community Development Director. 8. Maintenance, access, and all other required agreements and easements shall be recorded prior to, or in conjunction with recording of the final map, subject to the approval of the Community Development Director. Building Department 9. All work shall be in conformance with the 2007 edition of the California Building Codes (CBC) based on 2006 IBC, 2007 California Electrical Codes (CEC) based on 2005 NEC, 2007 California Plumbing Codes (CPC) based on 2006 UPC, 2007 California Mechanical Codes (CMC) based on 2006 UMC. 10. Classification of Occupancy Groups shall be in accordance with CBC Chapter 3: Resolution No. 10073 (2009 Series) O Page 6 a. R -1 Residential Occupancy — Boarding House/Rooms where occupants are primarily transient in nature. b. R -2 Residential Occupancy — Apartment House containing more than two dwelling units where occupants are primarily permanent in nature. c. R -3 Residential Occupancy — Townhouses not more three stories above grade in height with a separate means of egress which have a yard on two or more sides. 11. For the purposes of this proposed development building plans shall analyze all buildings as one structure. Provide a height and area limitation analysis for the aggregate area of the buildings within the limitations of CBC Table 503 as modified by Section 504 and 506. 12. With building plan submittal determine minimum type of construction based on the height and area of the building for each occupancy group in accordance with CBC Chapter 5 and Table 503. 13. A building containing two or more occupancies or uses in the building shall comply with CBC Section 508. Building plans shall determine non - separated or separated occupancy use option complying with CBC Section 508.3.2 or 508.3.3. 14. For the purposes of the building minimum plumbing facilities the outdoor patio dining area for each use shall be included in the occupant load calculation complying with CPC Table 4 -1. Fire Department 15. Building and Life Safety: Detailed building area and height analysis for this building shall be provided explaining how the existing woodframe building will be incorporated into the project. A detailed exiting analysis shall be provided; exiting protection shall be maintained from the occupied space to the public area. Protected ext enclosures shall not be interrupted by intervening rooms. 16. Address Numbers: Approved address numbers shall be placed on all new buildings in such a position to be plainly visible and legible from the street fronting the property. Numbers shall be a minimum of 5" high x 1/2" stroke and be on a contrasting background. 17. Fire Department Access to Equipment: Rooms or areas containing controls for air - handling systems, automatic fire- protection systems, or other diction, suppression or control elements shall be identified for use by the fire department and shall be located in the same area. A sign shall be provided on the door to the room or area stating "Fire Sprinkler Riser" and "Fire Alarm Control Panel ". 18. Knox Box: A Knox Box shall be provided on the outside of the Fire Sprinkler Riser Room with a key to the room. Resolution No. 10073 (2009 Senes) • Page 7 9 19. Fire Protection Systems and Equipment: Fire protection systems shall be installed in accordance with the CFC and the California Building Code. An approved NFPA 13 system will be required for this project. Fire Department standpipes for manual firefighting shall be provided in the stairwells. Maintenance agreements of the fire sprinkler system shall be included in the CC &R's of this project. 20. Fire Safety During Construction: Buildings undergoing construction, alteration or demolition shall be in accordance with Chapter 14 of the CFC. Public Works 21. Complete frontage improvements, including street trees shall be constructed in accordance with the engineering standards in effect at the time of encroachment permit issuance. 22. All curb, gutter, and sidewalk, boardwalk, and curb ramps shall comply with ADA and City Engineering Standards for widths, slopes, and construction details. 23. New curb ramps shall be installed to provide for continuous pedestrian access joining the sidewalk adjacent to the project to the existing sidewalks surrounding the roundabout. 24. The Church Street drive approach shall comply with City and ADA standards and include a minimum four foot sidewalk extension behind the ramp. 25. All new and existing wire services to the new or altered structures shall be underground. 26. Development of the driveway and parking areas shall comply with the Parking and Driveway Standards for dimension, maneuverability, slopes, drainage, and materials. All parking spaces shall be able to be entered in one movement. All spaces, drive aisles, etc. shall be designed so that all vehicles can exit to the adjoining street in a forward motion in not more than two maneuvers. 27. A final public improvement plan shall be submitted and approved by the Public Works Director identifying the design and cost of public improvements provided in conjunction with the project that are equal to or greater than the estimated value of the City's property. Transportation 28. The Church Street sidewalk shall be reconstructed to provide a transition from Cafe Roma to the proposed sidewalk to provide a smooth transition. 29. Prior to the issuance of a building or encroachment permit, the applicant shall submit a striping plan for all project street frontages illustrating any striping changes resulting from the acquisition of City property and installation of sidewalk. An ADA accessible parking stall complying with current regulations shall be maintained and /or provided on the Railroad Avenue frontage. Resolution No. 10073 (2009 Series) Page 8 30. Street tree grates in compliance with City standards will be required to improved pedestrian circulation. 31. Prior to the issuance of building permits, the applicant shall be responsible for paying current transportation impact fees (TIF) plus a "fair share" mitigation fee for the percentage of new trips generated by the project that will travel through the intersection of Broad/South/Santa Barbara intersection as determined by the Public Works Director, and based on the estimated intersection improvement cost. Utilities 32. Irrigation systems shall be designed to avoid crossing property lines. Code requirements: The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. 1. An encroachment permit will be required from the Public Works Department for any work or construction staging in the public right -of -way. 2. A traffic control plan and/or pedestrian control plan shall be approved prior to encroachment permit issuance for work in the public right -of -way. 3. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc..:, shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the satisfaction of the Public Works Director. 4. Prior to acceptance by the City of public improvements, the developer's engineer shall submit a digital version of all public improvement plans & record drawings, compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, to the satisfaction of the Public Works Director. 5. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of one or more acres. Stone water discharges of less than one acre, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Pen-nit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Resources Control Board (SWRCB). Resolution No. 10073 (2009 S ®s) Page 9 6. A copy of the Stormwater Pollution Prevention Plan (SWPPP) required by the SWRCB shall be included as part of the building permit and/or grading permit plan submittal. The WDID Number issued by the board shall be noted on all plans that involve regulated land disturbing activities. 7. Document compliance with the new draft Water Quality Board State Construction Permit, which requires dischargers to replicate the pre - project runoff water balance (for this permit, defined as the amount of rainfall that ends up as runoff) for the smallest storms up to the 85`h percentile storm event (or the smallest storm event that generates runoff, whichever is larger). 8. Provide a complete site utility plan. Show all existing and proposed on -site and off -site utilities. Show the location of all overhead and underground utilities along with the location of any utility company meters. Show all existing and proposed improvements located within the public right -of -way if applicable. 9. Show and note that the new wire services shall be placed underground in accordance with UBC Section 308.3 as amended locally. 10. Provide separate engineering drawings or a composite utility plan from P. G. & E., ATT /PacBell, and Charter for the new wire utilities if necessary. If these plans are not available, note on the cover sheet of the plans and utility plan these engineered utility plans will be a deferred submittal item. Further note that "The engineered utility plans shall be submitted to the city for review and approval prior to commencing with any on -site or off - site utility construction." 11. Complete the gas pipe sizing for the proposed gas service to these buildings. The gas company shall review these plans for the proposed gas piping and gas meter locations. Provide gas meter clusters as required by the gas company. Provide a copy of a signed utility plan or separate transmittal from the gas company indicating their review and approval of the piping as shown. 12. Show the location, size, and material of all public water mains, recycled water mainlines, sewer mains, and public storm drain systems. 13. Show all required or proposed parking lot improvements, lot dimensions, space dimensions, materials, space and aisle slopes, drainage, pavement markings, signage, and striping in accordance with the Parking and Driveway Standards and disabled access requirements of the CBC. The parking and driveway standards are available from the Community Development Department or are available within the Engineering Standards. The Parking and Driveway Standards are again available in U.S. Customary Units. 14. The final map preparation and monumentation shall be in accordance with the city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. Resolution No. 10073 (2009 S ® s) • Page 10 Upon motion of Vice Mayor Settle, seconded by Council Member Ashbaugh, and on the following vote: AYES: Council Members Ashbaugh and Marx, Vice Mayor Settle and Mayor Romero NOES: Council Member Carter ABSENT: None The foregoing resolution was passed and adopted this 21" day of April 2009. Mayor David F. Romero ATTEST: i Audrey per City Cl APPROVED AS TO FORM: konath.aWP. Lowell City Attorney RESOLUTION NO. 10072 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF THE FREDERICK AVENUE AND HUMBERT AVENUE RIGHTS -OF -WAY ARE UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THEIR FINAL ABANDONMENT SUBJECT TO PRESCRIBED CONDITIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with a public hearing duly held on March 17, 2009, pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of General Plan consistency, that this Council finds and determines that a portion of Frederick Ave. and Humbert Ave. as shown on the map for the Imperial Addition in the City of San Luis Obispo, County of San Luis Obispo, State of California as recorded in Book A of Maps at Page 128 in the Office of the County Recorder of said County and as shown on Exhibit A, attached hereto and incorporated herein, are not necessary for present or future public street purposes. The portion of Frederick Avenue to be abandoned is further described as a 60' right -of -way extending from the southerly right -of -way line of Francis Avenue in a southerly direction to the northerly line of the previous Frederick Avenue abandonment described in 263 OR 33 on file in the office of the County Recorder. The portion of Humbert Avenue to be abandoned is further described as a 60' right -of -way extending from the prolongation of the westerly line of Lot 9, Block 14 of the Imperial Addition as previously referenced in an easterly direction to the westerly right -of -way line of Frederick Avenue. SECTION 2. This Council hereby orders the abandonment of said rights -of -way subject to the following conditions: 1. The street abandonments shall not be finalized by the City until after all of the project discretionary approvals have been secured by the Housing Authority of the City of San Luis Obispo (HASLO) for their housing project. 2. The rights -of -way necessary to complete the cul -de -sacs at the Francis and Humbert Street ends shall be irrevocably offered or re- offered for dedication to the City concurrent with or prior to final street abandonments. The required offers shall reflect City standard cul- de -sac designs to the satisfaction of the City. 3. The reservation of a non - exclusive easement, 25.00 feet in width and 40.00 feet in length, to lay, construct, maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to time, as Southern California Gas Company, a California Corporation ( "Grantee ") deems necessary, one or more pipelines and conduits, together with metering, measuring, regulating, cathodic protection, communications and other appurtenances as installed by Grantee, lying within and being a part of the parcel described in the attached Exhibit B. R 10072 Resolution No. 10072 (20095erTes) Page 2 4. The final development proposal shall incorporate design features that will help to reduce direct motor vehicle access from the site and/or adjoining street ends to the railroad tracks and railroad right -of -way. 5. All abandonment conditions shall be met within one (1) year of adoption of this Resolution to Abandon. Otherwise, this resolution will expire and will 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. Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 21" day of April 2009. Mayor David F. Romero ATTEST: Audrey per City Cl APPROVED AS TO FORM: an P. Lowell City Attorney \s 1F O Hum 'o 'Ib Cy Portion of Frederick Street -' to be abandoned 851 H u m be rt Portion of Humbert Avenue \Y to be abandoned CP r' \ Abandonment of Portions of Frederick Sheet and Humbert Avenue GPIRIABAN ER 27-06 850 and 861 Humbeit 00 00 EXHIBIT B A non - exclusive easement, 25.00 feet in width, to lay, construct, maintain, operate, repair, replace, patrol, change the size of, add to, or remove from time to time, as Grantee deems necessary, one or more pipelines and conduits, together with metering, measuring, regulating, cathodic protection, communications and other appurtenances as installed by Southern California Gas Company, a California Corporation (Grantee), lying within and being a part of the parcel described as: Beginning at a point, being the Southernmost corner of Lot 9 in Block 14 of the Imperial Addition to the City of San Luis Obispo, in the City of San Luis Obispo, County of San Luis Obispo, State of California, according to map recorded December 21, 1891 in Book A, Page 128 of Maps, in the Office of the County Recorder of said County; thence North 57° 00'00" East along the Northern right of way of Humbert Avenue for a distance of 40.00 feet to a point; thence South 33° 00' 00" East for a distance of 25.00 feet to a point; thence South 57° 00' 00" West for a distance of 40.00 feet; thence North 33° 00'00" West for a distance of 25.00 feet, and meeting the point of beginning. • • RESOLUTION NO. 10071 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF THE FROOM RANCH WAY RIGHT OF WAY IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS FINAL ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC EASEMENTS AND OTHER PRESCRIBED CONDITIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with a public hearing duly held on January 6, 2009, pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of General Plan consistency, that this Council finds and determines that a portion of Froom Ranch Way as shown on Parcel Map SLO 00 -041, in the City of San Luis Obispo, County of San Luis Obispo, State of California as recorded in Book 55 of Parcel Maps at Page 82 in the Office of the County Recorder of said County, being more particularly described as the southwesterly 77.00 feet of said Froom Ranch Way, and containing approximately 6160 square feet, as shown on Exhibit A attached hereto and incorporated herein, is not necessary for present or future public street purposes. to: SECTION 2. This Council hereby orders the abandonment of said right -of -way subject 1. New monuments shall be set to describe the centerline terminus of Froom Ranch Way and the adjoining property corners for Parcels 1 — 4 of PM SLO 00 -041. Said monumentation shall be documented by a Record of Survey, Corner Record or other appropriate instrument. 2. A final exhibit shall be provided to the city showing the new parcel boundaries and limits of Froom Ranch Way. Said exhibit shall include dimensions of the areas to be abandoned to the adjacent parcels and shall include the new parcel areas. 3. Reservation of easements for public utilities and for access, as follows: a. Reserving, however, to P. G. & E., A.T.& T., Charter Communications, and The Gas Company, the right at any time, or from time to time, to construct, operate, maintain, replace, remove and renew public utility facilities including conduits, wiring, cables, boxes, piping, and all appurtenances related to providing service in, over, and across the area to be vacated, including access to protect these works from all hazards in, upon, and over the area to be vacated. b. Reserving, however, to the City of San Luis Obispo, the right at any time, or from time to time, to construct, operate, maintain, replace, remove and renew public utilities including water mains, water service laterals and manifolds, fire hydrants, R10071 Resolution No. 10071 (2009 SA) O Page 2 valves, sewer mains, street lights, pull boxes, wiring, conduits, and all appurtenances related to providing service in, over, and across the area to be vacated, including access to protect these works from all hazards in, upon, and over the area to be vacated. c. Reserving, however, to the public, the right to vehicular and pedestrian access for ingress to and egress from the adjoining parcels and across the area to be vacated. 4. All abandonment conditions shall be met within one (1) year of adoption of this Resolution to Abandon Otherwise, this resolution will expire and will 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. Upon motion of Vice Mayor Settle, seconded by Council Member Ashbaugh, and on the following vote: AYES` Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 21" day of April 2009. ATTEST: I a "'g, Audrey oper City Cl APPROVED: Jon P. Lowell City Attorney ibft "N Exhibit "A" DESCRIPTION File no: 658 -0001 September 5, 2007 A portion of Froom Ranch Way as shown on Parcel Map SLO 00 -041, in The City of San Luis Obispo, County of San Luis Obispo, State of California as recorded in Book 55 of Parcel Maps at Page 82 in the Office of the Recorder of said County, being more particularly described as follows; The southwesterly 77.00 feet of said Froom Ranch Way. Containing approximately 6160 square feet. The above - described land is graphically shown on Exhibit "B" attached hereto and made apart hereof End. Description � No. 8081 Edward M. Reading, P.L.S. 8081 Expires 12/31/07 \ 9T ~` OF CAO Parcel 2 55/PM/82 30.00' F 30.02' A Ck:� aD C ai o a� n g� 30.01' M 30.00' R. Parcel 4 55/PM/82 :a�zanmw camr sw iv,s «„�Fa c+srw, r.a�scanan .F 805 i44329a wwt.wamw�wa"+ WALLACE GROUP thibit "Al Parcel 1 55 /PM /82 r 1 " COPPER DISK INSCRIBED IS 8081" S57001'52 "W 455.61' R S57'01'44 "W 455.60' ti FROOM RANCH WAY S57'01'44 "W 458._23' M S57'01'52 "W 458.30' 0 AREA BEING ABANDONED Parcel 3 1" COPPER DISK 55 /PM /82 INSCRIBED IS 8081 " LEGEND • FOUND RECORD MONUMENT PER 55/PM/82 UNLESS NOTED OTHERWISE O SET 1" IRON PIPE WITH CAP INSCRIBED "LS 8081" FROOM RANCH WAY RIGHT -OF -WAY ABANDONMENT SKETCH SHOWING A PORTION OF 55/PM182 CITY OF SAN LUIS OBISPO, CALIFORNIA r- 0 U) O U) 0 D O D J08 No.: 08.58 - 0004_; DRAWING : Aa4M)offiW PRAWN 9Y: EdWR DATE : 915107 SME : 1' =100' • • RESOLUTION NO. 10070 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FARE STRUCTURE FOR SAN LUIS OBISPO TRANSIT WHEREAS, cash and prepaid fares on San Luis Obispo Transit ( "SLO Transit") changed in January 2004 in accordance to the Council adopted Short Range Transit Plan; and WHEREAS, the current fare structure for SLO Transit was approved by City Council on August 15, 2005; and WHEREAS, staff presented the Fare Policy Update to the Mass Transportation Committee on February 18, 2009; and WHEREAS, the Mass Transportation Committee recommended approval of the new fare policy including an increase to fares for: Regular Cash, Senior /Disabled, I -Day Pass, 3 -Day Pass, 5 -Day Pass, 7 -Day Pass, and 31 -Day Student Pass; and WHEREAS, the City Council determines that an approved fare policy and rate structure should be effective as of June 1, 2009; and WHEREAS, the City Council determines that an approved fare policy and rate structure is in the best interests of the City, SLO Transit riders and the general public; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that it adopts the fare structure for San Luis Obispo Transit as set forth in Exhibit A, and such fare structure shall be in effect as of June 1, 2009. Upon motion of Council Member Carter, seconded by Council Member Ashbaugh and on the following roll call vote: AYES: Council Members Ashbaugh, Carter and Marx, and Mayor Romero NOES: Vice Mayor Settle ABSENT: None R 10070 Resolution No. 10070 (200 'Penes) Page 2 The foregoing resolution was adopted this 21 st day of April 2009. Mayor David F. Romero ATTEST: Audrey H er City Cler APPROVED AS TO FORM: Jo . Lowell City Attorney • EXHIBIT A O 1. REGULAR CASH FARE a. Fare is $1.25 per boarding. b. Available to any passenger. 2. SENIOR/DISABLED CASH FARE a. Fare is $0.60 per boarding. b. Available to passengers who are 65 years of age or older, requires valid photo identification at the time of boarding. c. Available to persons with disabilities with valid identification. d. Age to phase in over 3 year period. 3. TROLLEY CASH FARE a. Fare is $0.25 per boarding. b. Available to any passenger. c. Passes, transfers, and Cal Poly Student pass not accepted. 4. REGULAR 31 DAY PASS a. Fare is $37.00 for unlimited rides. b. Valid for 31 Days or for the month purchased. c. Issued by City of San Luis Obispo. d. Valid only on SLO Transit. e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley. f Regular 31 -Day Passes can be purchased any time and are valid for 31 days from the first day of use. 5. 31 -DAY STUDENT PASS a. Fare is $25.00 for unlimited rides for 31 days. b. Valid for 31 days from validation date or from first day of use. c. Valid only on SLO Transit. d. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley. e. Issued by City of San Luis Obispo. f. Available to students from Kindergarten to 12`h Grade with valid identification. g. Valid identification includes driver's license proving to be age 18 or younger or valid school photo /non -photo identification. 6. SENIOR/DISABLED 31 DAY PASS a. Fare is $12.50 for unlimited rides. b. Valid for 31 days. c. Issued by City of San Luis Obispo. d. Valid only on SLO Transit. e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley. f. Available to passengers who are 65* years of age or more, requires valid photo identification at the time of purchase. g. Available to persons with disabilities with valid identification. h. Senior /Disabled 31 Day Passes can be purchased any time and are valid for 31 days from the first day of use. EXHIBIT A • i. Age to phase in over 3 year period as follows: 62-x- June 1, 2009 -June 30, 2010 63+ July 1, 2010 -June 30, 2011 64+ July 1, 2011 -June 30, 2012 65+ July 1, 2012 and beyond 7. PROMOTIONAL SCRIP a. Book of 20 tickets is $20.00. b. One ticket is good for one ride. c. Valid only on SLO Transit. d. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley. e. Issued by City of San Luis Obispo. f. Available to any passenger. 8. 1 -DAY PASS a. Fare is $3.00 for unlimited rides for lday. b. Valid for 1 day from validation date or from first day of use. c. Issued by City of San Luis Obispo and on SLO Transit bus with exact fare. d. Valid only on SLO Transit. e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley. f. Available to any passenger. 9. 3 -DAY PASS a. Fare is $6.00 for unlimited rides for 1 day. b. Valid for 3 days from validation date or from first day of use. c. Issued by City of San Luis Obispo and on SLO Transit bus with exact fare. d. Valid only on SLO Transit. e. Valid on any SLO Transit bus route and the Downtown Trolley. f. Available to any passenger. 10. 5 -DAY VISITOR PASS a. Fare is $10.00 for unlimited rides during 5 days. b. Valid for 5 days from validation date or from first day of use. c. Issued by City of San Luis Obispo and on SLO Transit bus with exact fare. d. Valid only on SLO Transit. e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley. f. Available to any passenger. 11. 7 -DAY VISITOR PASS a. Fare is $14.00 for unlimited rides during 7 days. b. Valid for 7 days from validation date or from first day of use. c. Issued by City of San Luis Obispo and on SLO Transit bus with exact fare. d. Valid only on SLO Transit. e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley. f Available to any passenger. • EXHIBIT A • 12. SLO TRANSIT TRANSFERS a. Fee is $0.00 (FREE). b. SLO Transit passenger must request a transfer when boarding the bus. c. Issued by SLO Transit driver. d. Available to any SLO Transit passenger. e. Valid on any SLO Transit bus route, except on the Downtown Trolley. 13. RTA REGIONAL DAY PASS a. Fee is $4.50 b. Issued by RTA and SLO Transit drivers with exact fare and at other outlets. c. Accepted from any RTA bus rider. d. Valid on any all SLORTA, SLO Transit, SCAT, Paso Express and North Country Shuttle bus routes, except on the Downtown Trolley. 14. UNIVERSAL PASSES a. Must use the appropriate number of coupons to equal appropriate cash fare (i.e. regular or Senior /Disabled) on SLO Transit. b. Accepted on any bus, dial -a -ride, and paratransit systems in San Luis Obispo County. c. Accepted on Downtown Trolley. d. Issued by San Luis Obispo Regional Transit Authority. e. Available to any passenger and general public. f. Due for elimination on July 1, 2009 15. RTA MONTHLY REGION ALI, PASS a. Valid for the month purchased. b. Issued by San Luis Obispo Regional Transit Authority. c. Valid only on San Luis Obispo Transit, San Luis Obispo Regional Transit Authority, and SCAT bus routes, except on the Downtown Trolley. 16. CAL POLY PHOTO ID. a. Fare is prepaid by Cal Poly State University. b. Eligible to Cal Poly students, staff, faulty with valid Cal Poly photo identification. c. Valid per the terms of the current Cal Poly Fare Subsidy Agreement. d. Issued by Cal Poly. e. Valid only on SLO Transit bus routes, except on Downtown Trolley. 17. GOLD PASS (now called DOWNTOWN ACCESS PASS) a. Fare is $0.00 (FREE). Parking Fund reimburses usage. b. Available to downtown employees, except Cal Poly students. c. Must be validated monthly with recent payroll stub and photo ID. d. Issued by City of San Luis Obispo. e. Valid on any SLO Transit bus route, except on the Downtown Trolley. • EXHIBIT A • 18. VIP SLORTA (GOLD) PASS a. Fare is $0.00 (FREE) - lifetime. b. Issued by San Luis Obispo Regional Transit Authority ( SLORTA). c. Valid on San Luis Obispo Transit, San Luis Obispo Regional Transit Authority, SCAT, Paso Express, and North County Shuttle bus routes, except on Downtown Trolley. d. Available to persons 80 years or older with valid identification. 19. HOME DEPOT (and others as approved) Flash Pass a. Fare is $0.00. The Air Pollution Control District reimburses usage. b. Available to employees at the San Luis Obispo Home Depot. c. Issued by City of San Luis Obispo. d. Valid only on SLO Transit bus routes, except on the Downtown Trolley. 20. SUMMER YOUTH PASS a. Valid from Memorial Day weekend to Labor Day weekend. b. Unlimited rides during effective period. c. Valid on participating transit operators and services. d. Issued by San Luis Obispo Transit Authority. 21. TRAINSIT PROGRAM a. No fare for City Transit Program personnel conducting City business. b. City Transit Program personnel are required to pay appropriate fare for non -city related trips (i.e. commute trips, personal trips). RESOLUTION NO. 10069 (2009 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF THE 200 8-09 FEDERAL ARRA CAPITAL GRANT APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION WHEREAS, the Federal Transit Administration has been delegated authority to award federal financial assistance for a transportation project; and WHEREAS, a grant of federal assistance will impose certain obligations upon the City of San Luis Obispo; and WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; and WHEREAS, a grant of federal assistance will impose certain obligations upon the San Luis Obispo Regional Transit Authority; and WHEREAS, the San Luis Obispo Regional Transit Authority has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City of San Luis Obispo and San Luis Obispo Regional Transit Authority are eligible recipients as defined by 49 U.S.C. 5307, 5336j, and 5340. SECTION 2. The Public Works Director is authorized to execute and file an application for federal assistance on behalf of the City of San Luis Obispo with the Federal Transit Administration for federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code and other federal statutes authorizing a project administered by the Federal Transit Administration. SECTION 3. The Public Works Director is authorized to execute and file with the application the annual certifications, assurances, and other documents the Federal Transit Administration requires before awarding a federal assistance grant. SECTION 4. The Public Works Director is authorized to execute grant agreements with the Federal Transit Administration on behalf of the City of San Luis Obispo. R10069 • o Resolution No. 10069 (2009 Series) Page 2 Upon motion of Vice Mayor Settle, seconded by Council Member Marx, and on the following vote: AYES: Council Members Ashbaugh and Marx, Vice Mayor Settle, and Mayor Romero NOES: None ABSENT: Council Member Carter The foregoing resolution was adopted this 7`h day of April 2009. Mayor David F. Romero ATTEST: C Audrey Ho e er City Clerk APPROVED AS TO FORM: Jo an P. Lowell City Attorney ! • FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION FOR SLO TRANSIT ARRA PROGRAM OF PROJECTS FOR FISCAL YEAR 2008 -2009 The City of San Luis Obispo will be conducting a public hearing to receive comments on the Draft Program of Projects on April 7, 2009 at 7:00 p.m. in Council Chambers, 990 Palm Street, San Luis Obispo. The below Draft Program of Projects will become the final program unless modified: ARRA Federal Apportionments: For 2008 -2009 Carryover from previous year Available to Program Project AVL- Passenger Access System SLO Transit - Preventive Maintenance Electronic GFI Farebox upgrade (Validating models) Transit Facility Improvement Project Electronic GFI Farebox project (Validating models) Runabout Vehicle Total Project Cost Federal Share City of San Luis Obispo San Luis Obispo Regional Transit Authority Local Share City of San Luis Obispo San Luis Obispo Regional Transit Authority $1;323,660 $0 $1,323,660 Transit Federal Total erator Amount Amount SLO City 405,000 405,000 SLO City 150,000 150,000 SLO City 400,000 400,000 SLO City 68,660 68,660 SLORTA 225,000 225,000 SLORTA 75,000 75,000 $1,323,660 $1,323,660 1,023,660 300,000 $0 $0 $0 RESOLUTION NO. 10068 (2009 Series) RESOLUTION AUTHORIZING FINDING PUBLIC CONVENIENCE AND NECESSITY JUSTIFY ON A ONE YEAR TRIAL BASIS A THIRD TAXICAB OPERATOR WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi service for its citizens; WHEREAS, Beach Cities Cab and 234 -Taxi L.L.0 are the current taxi operators in the City of San Luis Obispo; WHEREAS, the City has received an application from Green -Go Taxi to operate taxi service in the City; WHEREAS, in accordance with the provisions of San Luis Obispo Municipal Code Chapter 5.20, the City has evaluated the demand for additional taxi operators in the City; and WHEREAS, the City has determined the need for an additional taxi operator in the City on a one year trial basis. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds there is a need on a one year trial basis for three taxi operators in the City of San Luis Obispo. SECTION 2. The rates submitted by Green -Go Taxi and subsequently modified by it at the March 17, 2009 meeting, were reviewed by the City Council at said meeting are hereby approved. GREEN -GO TAXI SCHEDULE OF RATES APPROVED 3 -17 -09 Fee Type Green -Go Taxi Pick Up Charge $4.00 Per Mile $2.50 Wait Time Per Hour $15.00 Minimum Charge None SECTION 3. The City Manager or his designee is hereby authorized to grant a Certificate of Public Convenience and Necessity and a Taxi Permit to Green -Go taxi for one vehicle on a one year trial basis. Resolution No. 10068 (20099ries) Page 2 Upon motion of Council Member Marx, seconded by Council Member Ashbaugh, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, and Vice Mayor Settle NOES: None ABSENT: Mayor Romer The foregoing resolution was adopted this 17th day of March 2009. David Romero Mayor ATTEST: Audrey Ho o cr City Clerk APPROVED AS TO FORM: Jon P. Lowell City Attorney RESOLUTION NO. 10067 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OF INTENTION TO ABANDON PORTIONS OF FREDERICK STREET AND HUMBERT AVENUE RIGHTS -OF -WAY; ABAN 27 -06 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 February 11, 2009, for the purpose of considering application GPA/R/PD/TR/ABAN /A 27 -06 and ER 123 -08, and making a General Plan determination and formulating a recommendation to the City Council on a request for abandonment of excess rights -of -way including portions of Frederick Street and Humbert Avenue; and WHEREAS, research of the title report shows that the City of San Luis Obispo does not have fee ownership of land underlying the Street rights -of -way; and WHEREAS, the Planning Commission found that the proposed rights -of -way abandonments are consistent with the City's General Plan, and recommended that the City Council approve the abandonments, based on findings and subject to conditions as indicated in the Planning Commission Resolution, incorporated herein by reference; and WHEREAS, the City Council 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 March 17, 2009, pursuant to a proceeding instituted under application ABAN 27 -06, Housing Authority of San Luis Obispo County, applicant. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis Obispo to abandon portions of Frederick Street and Humbert Avenue as shown on the map marked Exhibit A, pursuant to Section 8300 et seq.. of the State of California Streets and Highways Code, and that the abandonments shall be based on the following findings and conditions: Findings: 1. The proposed abandonments of rights -of -way are consistent with the General Plan because they are no longer needed for present or future public purposes. 2. Development of the rights -of -way as public streets would not serve any reasonable public purpose since those properties fronting the rights -of -way gain access from other improved streets, and there are no existing infrastructure improvements within the areas to be abandoned. R 10067 Resolution No. 10067 (2009fcries) Page 2 3. The abandonments of the rights -of -way will benefit the general public by eliminating unused right -of -way and the City's costs for maintaining additional infrastructure improvements. 4. The proposed rights -of -way abandonments are categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. Conditions: 1. The street abandonments shall not be finalized by the City until after all of the project discretionary approvals have been secured by the Housing Authority of San Luis Obispo (HASLO) for their housing project. 2. The rights -of -way necessary to complete the cul -de -sacs at the Francis and Humbert street ends shall be irrevocably offered or re- offered for dedication to the City concurrent with or prior to final street abandonments. The required offers shall reflect City standard cul- de -sac designs to the satisfaction of the City Engineer. 3. A public pedestrian and vehicle access easement shall be provided from Humbert to Lawrence in the area of the former Victoria Avenue abandonment, as generally depicted in Exhibit A, to the satisfaction of the City Engineer. Said easement or dedication shall be offered to the City concurrent with or prior to final street abandonment. 4. The final development proposal shall incorporate design features that will help to reduce direct motor vehicle access from the site and/or adjoining street ends to the railroad tracks and railroad right -of -way. SECTION 2. Copies of the map showing the particulars of the proposed abandonments are on file in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, April 21, 2009, at 7:00 p.m. in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is more than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full at least ten (10) days before the public hearing on the proposed street rights -of -way abandonment, in The Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) public notices of the proposed abandonment in prominent locations near the portion of the street rights -of -way to be abandoned at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. Resolution No. 10067 (2009Qries) O Page 3 SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonments within ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways Code. Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, and Vice Mayor Settle NOES: None ABSENT: Mayor Romero The foregoing resolution was adopted this 17th day of March 2009. Mayor David F. Romero ATTEST: Audrey o per City Cl APPROVED AS TO FORM: J8 _ Lowell City Attorney • Abandonment of Portion of Frederick Street and Humbert Avenue Ak • o RESOLUTION NO. 10066 (2009 Series) AMENDING THE GENERAL PLAN LAND USE MAP FROM SERVICES & MANUFACTURING TO MEDIUM HIGH DENSITY RESIDENTIAL FOR OF THE UNADDRESSED PARCEL (APN. 004 - 951 -009) AND APPROVING A VESTING TENTATIVE TRACT MAP, PURCHASE OF SURPLUS PROPERTY, USE PERMIT FOR DEVELOPMENT OF A SENSITIVE SITE, AND MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A RESIDENTIAL AND MIXED -USE DEVELOPMENT AT 851 AND 860 HUMBERT AND THE UNADDRESSED VACANT LOT (004- 951 -009); (TRACT 2977) 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 February 11, 2009, for the purpose of considering application R/PD/TR/ABAN /A 27 -06 and ER 123 -08, a request to allow a General Plan Amendment and Rezoning, Planned Development Rezone, Vesting Tentative Tract Map, Abandonment of rights -of -way, Use permit for development of a sensitive site, and Purchase of surplus property for a workforce housing and mixed -use development; and WHEREAS, the City Council 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 March 17, 2009, for the purpose of considering the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. CEQA Compliance Findings. Based upon all the evidence, the City Council makes the following findings: 1. The project's Mitigated Negative Declaration which was prepared by the Community Development Department on February 2, 2009 and reviewed by the Planning Commission adequately identifies that with the incorporation of recommended mitigation measures there is no foreseeable potential for significant environmental impacts by the proposed project. 2. The proposed project will provide quality affordable housing consistent with the intent of California Government Code 65915, and that the requested density bonus, incentives and concessions are reasonably necessary to facilitate the production of affordable housing units. SECTION 2. upon all the evidence, the City Council makes the following findings: R 10066 Resolution No. 10066 (2009 eeries) Page 2 3. The proposed General Plan Amendment is consistent with General Plan Land Use Element policies regarding the expansion of housing opportunities and maximizing the development potential of infill sites. Additionally the project is consistent with Housing Element goals and policies which encourage facilitating housing production and land use efficiency, including HE Policy 3.12.7, which specifically identifies this area as potentially being appropriate for residential uses. 4. The redesignation of the unaddressed vacant parcel from an industrial designation (Service & Manufacturing) to a residential designation (Medium -High Density Residential) would not adversely impact the overall supply of manufacturing property in the area, as the proximity of the site to residential uses and constrained access make it undesirable for many industrial uses. SECTION 3. Subdivision Findings. Based upon all the evidence, the City Council makes the following findings: 5. The proposed Vesting Tentative Tract Map, together with the provisions for its design and improvement, is consistent with the General Plan and Airport Land Use Plan, including compatibility with the objectives, policies, general land uses and programs specified in the General Plan. 6. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. 7. As conditioned, the subdivider will defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attack, set aside, void or annul an approval of the City Council, Planning Commission, or City Staff concerning a subdivision. 8. The proposed vesting tentative tract map is consistent with the General Plan, including LUE 2.4.7, HE 3.4.2 and 3.13, and CE Goal 2, COSE 4.5.1 and 4.6.17, because the subdivision will provide residential development anticipated by the General Plan and provide compact and sustainable housing options affordable to a variety of household types. 9. The site is physically suited for the proposed type of development because the project has been designed to utilize available residential density while providing quality common open spaces and roadway connections which will benefit the general public. 10. The design of the subdivision, or type of improvements, is not likely to cause serious public health or safety problems because the type of improvements are appropriate for the location will be designed to meet existing building and safety codes. 11. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision because such easements will be maintained. SECTION 4. Disposition of Surplus Property Findings. Based upon all the evidence, the Resolution No. 10066 (20090ries) Page 3 City Council makes the following findings: 12. The City no longer has need for the vacant property located just west of the railroad right - of -way. 13. Disposition of this property to facilitate an affordable housing development is consistent with the policies of the Land Use and Housing Elements of the General Plan. SECTION 5. Use Permit for Development of a Sensitive Site Findings. Based upon all the evidence, the City Council makes the following findings: 14. Development of the site is consistent with the intent of the "S- overlay" and will not be detrimental to the health, safety or welfare of persons working or living at the site or within the vicinity, as the project is consistent with ALUP safety and compatibility policies and City noise standards. 15. As conditioned, all residents of the site will be duly noticed of both Airport operations and adjacent noise sources. SECTION 6. Action. The City Council does hereby approve the General Plan Amendment, Vesting Tentative Tract Map, disposition of surplus property, and adoption of a Negative Declaration for property located at 851 and 860 Humbert and the unaddressed vacant parcel (Application GPA/R/PD/TR/ABAN /A 27 -06 and ER 123 -08; Tract 2977), with incorporation of the following project mitigation measures, conditions and code requirements: A. Mitigation Measures 1. Should hydrocarbon contaminated soil be encountered during construction activities, the APCD must be notified as soon as possible and no later than 48 hours after affected material is discovered to determine if an APCD Permit will be required. In addition, standard APCD required procedures shall be implemented immediately after contaminated soil is discovered. 2. Prior to any grading activities at the site, the project proponent shall ensure that a geologic evaluation is conducted to determine if Naturally Occurring Asbestos (NOA) is present within the area that will be disturbed. If NOA is not present, an exemption request must be filed with the District. If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. 3. If utility pipelines are scheduled for removal or relocation the project may be subject to various regulatory jurisdictions, including the requirements stipulated in the National Emission Standard for Hazardous Air Pollutants. These requirements include, but are not limited to 1) notification requirements to the APCD, 2) asbestos survey conducted by a Certified Asbestos Inspector, and, 3) applicable removal and disposal requirements of identified ACM. 4. This project exceeds the 4.0 acres of grading threshold and is near potentially sensitive receptors, and shall comply with all applicable Air Pollution Control District regulations Resolution No. 10066 (2009 Series) Page 4 pertaining to the control of fugitive dust (PM10) as contained in section 6.5 of the Air Quality Handbook. The following APCD standards for dust control shall be adhered to: a. Reduce the amount of disturbed area where possible, b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible, c. All dirt stockpile areas should be sprayed daily as needed, d. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities, e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating native grass seed and watered until vegetation is established, f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD, g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used, h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site, i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114, j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site, and k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. 5. Prior to recordation of the final map, a screening level health risk assessment shall be performed to determine potential health risks to residents of the development. Depending on the results of the screening level health risk assessment a more comprehensive analysis may be required. Resolution No. 10066 (2009Qries) O Page 5 6. All fill material on the property that will be exported during development of the site shall be sampled and analyzed prior to transport from the property. If soil is found to be contaminated it shall be disposed of at a permitted facility. 7. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) shall receive full and accurate disclosure concerning the noise, safety, or overflight impacts associated with airport operations prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. 8. Aviation easements will be recorded for all properties involved in the proposed development with recordation of the final map. 9. The mixed -use structure west of Victoria Avenue shall not be constructed until after adoption of the South Broad Street Corridor Plan, or redesignation of the site to a land use designation which allows for a combination of commercial and residential uses. Any such Land Use changes shall be reviewed by the Airport Land Use Commission for compliance with the Airport Land Use Plan. 10. All owners and occupants shall receive disclosure concerning the adjacent manufacturing uses and potential noise exposure. 11. A final trip reduction plan shall be provided to, and approved by the City prior to final map recordation. B. Conditions 1. Final design of the project improvements shall be subject to review and approval by the Architectural Review Commission, and shall include modifications to address the scale of buildings facing Lawrence Drive, material changes to give architecture a more residential feel, details of community open space and consideration of community garden space, and provision of a third solid waste enclosure. 2. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. 3. Easements for all public and common open spaces shall be clearly designated on the Tract Map. 4. The tentative map describes a LLA affecting the project for which no specific information is provided. Should the LLA not occur, the project as shown on the tentative map is no longer valid. The details of the LLA should be provided for review to insure there are no fatal flaws in the development proposal. Resolution No. 10066 (2009tries) 0 Page 6 5. The final subdivision design and improvements shall comply with the South Broad Street Corridor Plan and all other City of San Luis Obispo Design Standards, Engineering Standards and Standard Plans and Specifications. 6. All grading on the easterly edge of the proposed development, adjacent to railroad right - of -way shall be completed in such a manner that the toe of any slope is a minimum of 10 feet from the railroad right -of -way in order to accommodate a future bicycle path. An appropriate structure shall be placed at the toe of the slope to prevent erosion onto the future bicycle path area. The slope shall be designed such that the toe of the slope is at least five feet horizontally from the sewer main. Any structures or retaining walls shall be at least 10 feet away from the sewer and shall be designed such that no additional load is placed on the sewer main. 7. The tract map shall show and identify all easements described in the Title Report. 8. This development shall comply with the Waterways Management Plan. Provide a complete hydraulic analysis, grading, drainage, and erosion control plan in accordance with the Waterways Management Plan Volume III, Drainage Design Manual. 9. Show and note compliance with Engineering Standard 10103 for Storm Water Quality Management for the drainage originating from or being conveyed through the parking lots and private streets. Run -off from adjacent streets as well as run -off from the parking lots will require treatment under this standard. 10. The drainage flowing northerly toward Francis Avenue from the proposed project shall be carried and discharged onto Francis Avenue in an approved drainage facility. Appropriate drainage easements from the adjoining property owner accepting the drainage will be required. 11. Francis Avenue shall be improved with the installation of curb and gutter on the southerly side of the street to accommodate additional storm water flows that may be directed to this street. 12. These streets, within the boundaries of the proposed subdivision and including transitions to existing improvements, shall be fully designed and constructed in accordance with current City Standards including a 40 foot curb to curb street section within a 60 -foot dedicated right -of -way, and curb, gutter, 10 -foot integral sidewalk, tree wells, ramps, signing and striping. 13. A city standard 50 -foot radius cul -de -sac shall be constructed where the Humbert Avenue public street ends. A 50 -foot radius right -of way at the easterly end of Francis Avenue shall be provided. 14. The northerly side of Lawrence Drive shall be constructed to match the existing Villa Rosa (Tract 2066) street section except for a 5 -foot detached sidewalk. Complete a 40 -foot street section within a 60 -foot right of way. Curb, gutter, detached sidewalk, ramps signing and striping shall be designed and constructed to current City standards. Resolution No. 10066 (2009feeries) Page 7 15. Street lighting, utilities and landscaping shall be installed in accordance with City standards. 16. Prior to approval of improvement plans, any alternative paving materials proposed within the public right -of -way shall be approved by the Public Works Director. Alternative paving materials shall be maintained by the Homeowner's Association. 17. Common areas and landscaped parkways shall be owned and maintained in perpetuity for public use by the Homeowner's Association or Housing Authority of San Luis Obispo County. Water meters for common landscape areas, including, but not limited to parkways, medians and pathway corridors are subject to water impact fees and shall be paid for by the subdivider. 18. The grading plan shall include provisions to comply with the soils engineer's recommendations, including expansive soils, preparation of paved areas and pavement design. The soils engineer shall supervise and approve all grading operations. 19. The subdivider's engineer shall submit water demand and wastewater generation calculations so that the City can make a determination as to the adequacy of the supporting infrastructure. If an off -site deficiency exists, the subdivider will be required to mitigate the deficiency as part of the overall project. 20. Sewer and water mains shall be located in accordance with City Standard #6010. All final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) are subject to modifications to the satisfaction of the Public Works Director and Utilities Engineer. 21. The subdivision layout and preliminary utility plans shall include provisions for irrigating common areas, parks, and other large landscape areas with recycled water. Appropriately sized reclaimed water mains shall be designed and constructed from the City's trunk system to these irrigation areas. If other use areas exist beyond the proposed subdivision, the mains shall be appropriately sized to provide for future use areas and extended to the boundary of the tract. 22. Include site sections or partial site sections as necessary to show site utilities. Provide utility profiles as necessary where a possible conflict may exist between utilities for final placement and /or for constructability. Additional review may be required by the Utilities Engineer when complete plan information is provided. 23. Existing trees on adjacent properties shall be considered and protected if construction encroaches upon their drip lines. The large Acacia tree in the Open space shall be protected with a fence to be installed before grading or constructions begins and remains undisturbed until completion of this project. A small willow tree in the center of this project is ok to be removed and shall be mitigated for within the landscape plan to include tree plantings. 24. Prior to the issuance of building permits, the applicant shall be responsible for paying current transportation impact fees (TIF) plus a "fair share" mitigation fee for the percentage Resolution No. 10066 (20099es) • Page 8 of new trips generated by the project that will travel through the intersection of Broad/South/Santa Barbara intersection as determined by the Public Works Director, and based on the estimated intersection improvement cost. 25. Previous traffic studies prepared for the Broad Street Corridor project identify the intersection of Broad/Lawrence as a potential candidate for a future traffic signal. This project will add traffic to this intersection. Prior to the issuance of building permits, the applicant will be required to pay its fair share toward the design and installation of a future traffic signal at this intersection as determined by the Director of Public Works. 26. To minimize traffic impacts, a trip reduction plan and implementation program is required. The plan shall include at a minimum: a) designation of a coordinator to administer the program; b) carpool, carshare, bicycling and transit information; c) availability of long term bicycle parking for residents, information and incentives for those who use alternative transportation such as subsidies to employees using public transit, or other measures to approval of the Public Works Director. The trip reduction plan shall be provided to all new tenants. A draft of the plan shall be submitted for review as part of the building permit application. Occupancy shall not be granted until the plan has been approved by the Public Works Director. 27. Prospective tenants shall be notified of the project's requested and approved parking reductions and tandem parking. Additionally, they should be advised that they should ensure that the amount of on -site parking is adequate for their needs because they will not be able to obtain on -street parking permits for any additional parking needs. 28. Garages within the project shall be used exclusively for parking vehicles and may not be used for general storage, recreation, or other uses that would prevent the parking of vehicles as required by the Zoning Regulations. 29. The project design shall not preclude the future construction of a bike path along the railroad corridor at the foot of the project slope. Prior to final map recordation, the applicant shall record an easement for the future bikepath as necessary. To determine the easement area, the applicant shall submit a site /grading plan that illustrates where this path can be located and how this project will provide access to the future bikepath. 30. The project design shall not preclude the future construction of a bicycle bridge over the railroad tracks at Francis Street. Prior to final map and abandonment approval, the applicant shall submit a site plan/grading plan illustrating on -site and public improvements outside of the area identified for the Francis Street bicycle bridge, abutments and ADA ramping. 31. Public improvements shall comply with the draft Broad Street Corridor Plan which identifies Victoria Street as a "Village Street" and Lawrence Drive as an "Entry Street ". 32. Long and short-term bicycle parking shall be provided in accordance with Table 6.5 of the Zoning Regulations. Short-term bicycle racks shall be placed in visible locations near public entries. Dimensioned locations and details of the short and long -term bicycle parking (including 2x6 dimensioned area for each bicycle parking space in a residential dwelling) Resolution No. 10066 (2009gries) O Page 9 shall be provided on the project's construction plans including rack design, location, clearances and circulation for users in compliance with manufacturers' standards. 33. Continued affordability provisions shall be developed to assure units remain affordable to residents that earn low, lower, moderate and work force incomes. These provisions may allow for equity accumulation over time. The continuance of affordability shall be subject to review and approval by the Community Development Director prior to issuance of building permits. 34. The final map, public improvement plans, and building plan submittals shall be in substantial compliance with the approved plans and all mitigation measures and conditions of approval, except for revisions necessary to comply with City Standards or Planning Commission, City Council, and Architectural Review Commission direction. Final revisions shall be approved to the satisfaction of the Community Development Director and Public Works Director. C. Code requirements. The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. 35. An encroachment permit will be required from the Public Works Department for any work or construction staging in the public right -of -way. 36. A traffic control plan and/or pedestrian control plan shall be approved prior to encroachment permit issuance for work in the public right -of -way. 37. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc..., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the satisfaction of the Public Works Director. 38. Prior to acceptance by the City of public improvements, the developer's engineer shall submit a digital version of all public improvement plans & record drawings, compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, to the satisfaction of the Public Works Director. 39. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of one or more acres. Storm water discharges of less than one acre, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity Resolution No. 10066 (2009;eries) Page 10 occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Resources Control Board ( SWRCB). 40. A copy of the Stormwater Pollution Prevention Plan (SWPPP) required by the SWRCB shall be included as part of the building permit and /or grading permit plan submittal. The WDID Number issued by the board shall be noted on all plans that involve regulated land disturbing activities. 41. Document compliance with the new draft Water Quality Board State Construction Permit, which requires dischargers to replicate the pre - project runoff water balance (for this permit, defined as the amount of rainfall that ends up as runoff) for the smallest storms up to the 85`" percentile storm event (or the smallest storm event that generates runoff, whichever is larger). 42. Provide a complete site utility plan. Show all existing and proposed on -site and off -site utilities. Show the location of all overhead and underground utilities along with the location of any utility company meters. Show all existing and proposed improvements located within the public right -of -way if applicable. 43. Show and note that the new wire services shall be placed underground in accordance with UBC Section 308.3 as amended locally. 44. Provide separate engineering drawings or a composite utility plan from P. G. & E., ATT/PacBell, and Charter for the new wire utilities if necessary. If these plans are not available, note on the cover sheet of the plans and utility plan these engineered utility plans will be a deferred submittal item. Further note that "The engineered utility plans shall be submitted to the city for review and approval prior to commencing with any on -site or off- site utility construction." 45. Complete the gas pipe sizing for the proposed gas service to these buildings. The gas company shall review these plans for the proposed gas piping and gas meter locations. Provide gas meter clusters as required by the gas company. Provide a copy of a signed utility plan or separate transmittal from the gas company indicating their review and approval of the piping as shown. 46. Show the location, size, and material of all public water mains, recycled water mainlines, sewer mains, and public storm drain systems. 47. Show all required or proposed parking lot improvements, lot dimensions, space dimensions, materials, space and aisle slopes, drainage, pavement markings, signage, and striping in accordance with the Parking and Driveway Standards and disabled access requirements of the CBC. The parking and driveway standards are available from the Community Development Department or are available within the Engineering Standards. The Parking and Driveway Standards are again available in U.S. Customary Units. 48. The final map preparation and monumentation shall be in accordance with the city's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. Resolution No. 10066 (20099ries) O Page 11 49. The subdivider shall dedicate a 6' wide public utility easement and a 10' wide street tree easement across the frontage of each lot, adjacent to and contiguous with all public right -of- way lines. 50. One Street Tree is required per. 35' lineal feet of street frontage or any part thereof. Street trees shall be from the Master Street Tree List and planted to City of San Luis Obispo Engineering Standards. 51. Final locations of fire hydrants and water meters appear shall be shown on the improvement plans, and shall be approved by the Utility Department. 52. Eave and balcony overhangs projecting beyond the floor area shall conform to the requirements of CBC Section 704.2. Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following roll call vote: AYES`: Council Members Ashbaugh, Carter and Marx, and Vice Mayor Settle NOES`. None ABSENT: Mayor Romero The foregoing resolution was adopted this 17`h day of March 2009. Mayor David F. Romero ATTEST: ,,V--7 Audrey Hoo er City Clerk APPROVED AS TO FORM: J a . Lowell City Attorney loll "; if 004-951-009 GPAIRIPD/TR/ABAN/A 27-06 and ER 123-08 Services & Manufacturing to Medium High Density Residential & Surplus Property Request • �o RESOLUTION NO. 10065 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF THE PRIVATE IMPROVEMENTS FOR TRACT NO. 2865 (1043 ELLA STREET) WHEREAS, the City Council made certain findings concerning Tract 2865, as prescribed in Resolution No. 9867 (2007 Series); and WHEREAS, the City Council approved the final map for Tract 2865 per Resolution No. 9962 (2008 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2865, 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; and WHEREAS, the subdivider has satisfactorily completed the private improvements for Tract 2865, in accordance with City standards, specifications and the approved plans, and has requested that the city certify completion of these private improvements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby accepts the public improvements and certifies completion of the private improvements for Tract No. 2865. SECTION 2. The current Faithful Performance surety may be released upon submittal of a replacement surety guaranteeing the workmanship and materials for a period of 12 months. SECTION 3. The Labor & Materials surety may be released after 90 days from this date of acceptance of the improvements in accordance with Section 66499.7(h) of the California Government Code. SECTION 4. The surety guaranteeing the workmanship and materials may be released by the Public Works Director upon the successful completion of the 12 month warranty time period from this date of acceptance. R 10065 Resolution No. 10065 (2009 fes) O Page 2 Upon motion of Council Member Carter, seconded by Council Member Marx, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, and Vice Mayor Settle NOES: None ABSENT: Mayor Romero The foregoing resolution was adopted this 17th day of March 2009. Mayor David F. Romero ATTEST: n Audrey H per / City Cler. APPROVED AS TO FORM: Jon han . well City Attorney • O RESOLUTION NO. 10064 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 2009 CDBG PROGRAM AND REALLOCATING $74,659 OF FUNDING FROM PREVIOUS CDBG PROGRAM YEARS 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 3, 2009, to consider funding recommendation by the Human Relations Commission (HRC), to review applications for federal grant funding, and to consider public comments on community needs and the use of such funds; and WHEREAS, The Council has considered applications for Community Development Block Grant (CDBG) funds, public testimony, the Urban County's proposed One -Year Action Plan, the HRC and staff recommendations included in the agenda report; and WHEREAS, the Council has also considered previous years' CDBG funding allocations and determined that amendments are necessary to re- allocate unused funds, or to re- allocate funds from program administration activities to other eligible uses. 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 CEQA review is necessary. SECTION 2. 2007 Community Development Block Grant Pro Ja m. The City's 2009 Community Development Block Grant Program is hereby approved, as shown in Exhibit A. The CAO is authorized to approve final dollar amounts once HUD releases allocations with the direction to make up differences in the two amounts with funding for the 2009 Curb Ramp project. R 10064 � O Resolution No. 10064 (2009 Series) Page 2 SECTION 3. Community Development Block Grant Program Amendments. The 2004, 2006, 2007 and 2008 CDBG Programs are hereby amended, as shown in Exhibit B. SECTION 4. Board of Supervisors Consideration. The Council hereby forwards 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 2007 Consolidated Plan. SECTION 5. City Manager Authori ty. The City Manager 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, including minor revisions to funding amounts for the 2009 CDBG Program if the City's actual CDBG allocation is different than expected. Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 3rd day of March 2009. ATTEST: Audrey Hoo r City Clerk Jon than . Lowell City Attorney Resolution No. 10064 (2009 Series) Page 3 W Exhibit A 2009 Community Development Block Grant Applications No. Applicant Activity Amount Re uested 2009 CDBG (Note 1) Public Services $93,000 Available 15% of $620,000 1 EOC Maxine Lewis Homeless Shelter 141,753 _ _ 93,000 2 EOC Prado Day Center - Operation 59,907 I - - SUBTOTAL Public Services - 15 %Maz` r 201,660 93,000. Housing 3 Judson Terrace Homes Termite treatment and wood replacement 40,000 - 4 HASLO Anderson Hotel painting 215,000 45 HASLO Anderson Hotel window replacement 35,000 35,000 5 AIDS Support Network Remodel dwelling into two units 71,000 Public Facilities 6 City of SLO ADA Street Imps - Curb Ramps 100,000 7- City of SLO Santa Rosa Park ADA Restrooms 385,000 268,000 8 City of SLO Railroad Museum 206,405 100,000 SUBTOTAL Housing/PubGc FaahUes $403 OOO:availa6le . 1,05Z405 403,000 ProgramAdnrinistration $124,000 Available (20% of $620,000) 9 City of SLO CDBGProgram Administration 40,000 _ 40,000 9.5 City of SLO Housing Element Implementation 84 ,000 84,000 10 211 SLO Hotline Capacity building/priority study 12,000 _ - SUBTOTAL, Program Admin/Plann- ing - 201/6 Max 136,000 124,000 TOTAL 1 1,390,065 620,000 Expected funding for CDBG Program Year 2008: $620,00 • Resolution No. 10064 (2009 Series) Page 4 Exhibit B March 3, 2009 City Council CDBG Funding Reallocations From/To Applicant Project Funding From Transitions 2004 — Completed Shelter Rehab $500 From City of SLO 2004 — Completed Fire Station ADA $3,640 From Hotline 2006 — Capacity Study (project completed without these CDBG funds) $8,600 From Homebase 2006/2007 — Homeless Services Planning $17,154 From City of SLO 2008 — Imp. of Housing Element $10,297 From City of SLO 2008 — CDBG Administration $34,468 Total From $749659 To City of SLO 2009 — Santa Rosa Park ADA Restrooms $74,659 Total To $74,659 ® • RESOLUTION NO. 10063 (2009 Series) RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD AUTHORIZING THE ISSUANCE AND SALE OF LEASE REVENUE BONDS TO PROVIDE FINANCING TO THE CITY OF SAN LUIS OBISPO FOR A PUBLIC SAFETY COMMUNICATIONS AND EMERGENCY OPERATIONS CENTER FACILITY, AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS WHEREAS, the City of San Luis Obispo (the "City ") is proceeding to acquire, construct, furnish and equip a new public safety dispatch center and Fire Department storage facility located in the City, and improvements to the City's radio system for public safety communications (the "Project "); and WHEREAS, in order to provide funds to finance the acquisition and improvement of the Project, the City has proposed to lease the existing City Hall and Police Station (collectively, the "Leased Property") to the City of San Luis Obispo Capital Improvement Board (the "Board ") under a Site Lease dated as of March 1, 2009 (the "Site Lease "), in consideration of the payment by the Board of an upfront rental payment (the "Site Lease Payment ") which is sufficient to provide funds for such purposes; and WHEREAS, the Board proposes to issue and sell its City of San Luis Obispo Capital Improvement Board 2009 Lease Revenue Bonds (Public Safety Communications and Emergency Operations Center Project) in the aggregate principal amount of not to exceed $11,000,000 (the "Bonds ") under an Indenture of Trust dated as of March 1, 2009 (the "Indenture "), between the Board and U.S. Bank National Association, as trustee (the "Trustee "), for the purpose of providing the funds to enable the Board to pay the Site Lease Payment to the City in accordance with the Site Lease; and WHEREAS, in order to secure the payments of principal of and interest on the Bonds, the Board proposes to lease the Leased Property back to the City under a Lease Agreement dated as of March 1, 2009 (the "Lease Agreement "), under which the City is obligated to pay semiannual lease payments as rental for the Leased Property; and WHEREAS, the Board is authorized to issue the Bonds and provide financial assistance to the City under Ordinance No. 1059 (1986 Series) adopted by the City Council of the City on April 15, 1986 (the "Enabling Ordinance "). 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 Bonds under the Enabling Ordinance in the maximum principal amount of $11,000,000, for the purpose of providing funds to finance the acquisition and improvement of the Project by the City. The Bonds shall be issued under the Indenture of Trust which is approved below. IRiDI1161611 Resolution No. 10063 (2009 Series) Page 2 ri 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 financing of the Project, 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: 1. 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 Bonds. 2. Site Lease, between the City as lessor and the Board as lessee, under which the City leases the Leased Property to the Board in consideration of the payment of the Site Lease Payment which will be applied by the City to finance the acquisition and improvement of the Project. 3. Lease Agreement, between the Board as lessor and the City as lessee, under which the Board leases the Leased Property back to the City and the City agrees to pay semiannual lease payments which are sufficient to provide revenues with which to pay principal of and interest on the Bonds when due; and 4. Assignment Agreement, between the Board and the Trustee, whereby the Board assigns certain of its rights under the Lease Agreement to the Trustee for the benefit of the Bond owners. SECTION 3. Authorization to Obtain Municipal Bond Insurance. The Board of Directors hereby directs the Chief Financial Officer to determine whether it is feasible and in the best interests of the Board to obtain municipal bond insurance for the Bonds. If the Chief Financial Officer determines that it is in the best interests of the Board to obtain such insurance, the Chief Financial Officer is authorized to accept a commitment from a municipal bond insurer to issue such insurance, in the name and on behalf of the Board. SECTION 4. Sale of Bonds. The Board of Directors hereby authorizes and directs the competitive public sale of the Bonds in accordance with the Notice of Sale 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 of Sale. The net interest rate at which the Bonds are sold shall not exceed 6.25% per annum, and the Bonds shall be sold for a purchase price which is at least equal to 98.75% of the par amount of the Bonds. Notwithstanding the foregoing, the Board of Directors hereby authorizes the Bonds to be sold on a negotiated basis to an underwriter selected by the Chief Financial Officer upon the advice of the financial advisor, in the event that no bids are submitted at the competitive sale or • o Resolution No. 10063 (2009 Series) Page 3 all submitted bids are rejected pursuant to the terms of the Notice of Sale. In such case, the Bonds shall be sold pursuant to a Bond Purchase Agreement between -the City and the underwriter prepared by bond counsel, which contains all of the material terms and provisions of the Bonds as set forth in the Notice of Sale. The Chief Financial Officer is hereby authorized and directed to approve a bid from an underwriter for the purchase of the Bonds (provided such bid is acceptable to the Chief Financial Officer and is within the parameters set forth above in this Section 4) and to execute and deliver the final form of such Bond Purchase Agreement on behalf of the Board. SECTION 5. Publication of Notice. Jones Hall, A Professional Law Corporation, 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 five days prior to the date set for receipt of bids on the Bonds. Such publication is only required to be made in connection with the competitive public sale of the Bonds under Section 4, and not in connection with any negotiated sale of the Bonds. SECTION 6. 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 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 7. Official Actions. The President, 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 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. Resolution No. 10063 (2009 Series) Page 4 SECTION 8. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. Upon motion of Vice Mayor Settle, seconded by Council Member Marx, and on the following voter AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 3`d day of March 2009. Mayor David F. Romero ATTEST: �U Audrey H er City Clerk/ natha . Lowell City Attorney RESOLUTION NO. 10062 (2009 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING DOCUMENTS AND ACTIONS RELATING TO THE FINANCING OF PUBLIC SAFETY COMMUNICATIONS AND EMERGENCY OPERATIONS CENTER FACILITY WHEREAS, the City of San Luis Obispo (the "City") is proceeding to acquire, construct, furnish and equip a new public safety dispatch center and Fire Department storage facility located in the City, and improvements to the City's radio system for public safety communications (the "Project "); and WHEREAS, in order to provide funds to finance the acquisition and improvement of the Project, the City has proposed to lease the existing City Hall and Police Station (collectively, the "Leased Property") to the City of San Luis Obispo Capital Improvement Board (the "Board ") under a Site Lease dated as of March 1, 2009 (the "Site Lease "), in consideration of the payment by the Board of an upfront rental payment (the "Site Lease Payment ") which is sufficient to provide funds for such purposes; and WHEREAS, the Board proposes to issue and sell its City of San Luis Obispo Capital Improvement Board 2009 Lease Revenue Bonds (Public Safety Communications and Emergency Operations Center Project) in the aggregate principal amount of not to exceed $11,000,000 (the "Bonds ") under an Indenture of Trust dated as of March 1, 2009 (the "Indenture "), between the Board and U.S. Bank National Association, as trustee (the "Trustee "), for the purpose of providing the funds to enable the Board to pay the Site Lease Payment to the City in accordance with the Site Lease; and WHEREAS, in order to secure the payments of principal of and interest on the Bonds, the Board proposes to lease the Leased Property back to the City under a Lease Agreement dated as of March 1, 2009 (the "Lease Agreement "), under which the City is obligated to pay semiannual lease payments as rental for the Leased Property; and WHEREAS, under Section 906 of the City Charter, the City is authorized to lease real property by resolution of the City Council passed by the affirmative vote of at least 3/5 of all the members of the City Council; 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 financing of the Project. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis. Obispo as follows: SECTION 1. Approval of Financing Plan and Related Leases. The City Council hereby approves the financing plan for the Project as set forth in this Resolution. To that end, the City Council hereby approves the Site Lease and the Lease Agreement in substantially the respective forms thereof on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the Director of Finance and Information Technology, whose execution thereof shall be conclusive evidence of the approval of any such changes or additions. The Resolution No. 10062 (2009 Series) Page 2 Director of Finance and Information Technology 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 Site Lease and the Lease Agreement. The City Council hereby finds and determines that it is authorized to enter into the Site Lease and the Lease Agreement under the municipal affairs powers of the City as a charter city of the State of California, subject only to the limitations of Section 906 of the City Charter. SECTION 2. Issuance and Sale of Bonds by Board. The City Council hereby approves the issuance of the Bonds by the Board in the aggregate principal amount of not to exceed $11,000,000 for the purpose of providing funds to finance the Project. The City Council hereby approves the sale of the Bonds by the Board on a competitive public sale basis or on a negotiated basis, in accordance with a resolution of the governing body of the Board. As provided in said resolution, the net interest rate at which the Bonds are sold shall not exceed 6.25% per annum, and the Bonds shall be sold for a purchase price which is at least equal to 98.75% of the par amount of the Bonds. 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 and Information Technology (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 Mayor, the City Administrative Officer, the Director of Finance and Information Technology, 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 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. Resolution No. 10062 (2009 Series) Page 3 Upon motion of Council Member Marx, seconded by Vice Mayor Settle, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 3'd day of March 2009. Mayor David F. Romero ATTEST: ( 'Lc� / Audrey per City Cler APPROVED AS TO FORM: onatha P L � o well City ttorney RESOLUTION NO. 10061 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF THE PRIVATE IMPROVEMENTS FOR TRACT NO. 2570 (2070 FIXLINI STREET) WHEREAS, the City Council made certain findings concerning Tract 2570, as prescribed in Resolution No. 9622 (2004 Series); and WHEREAS, the City Council approved the final map for Tract 2570 per Resolution No. 9925 (2007 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2570, 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; and WHEREAS, the subdivider has satisfactorily completed the private improvements for Tract 2570, in accordance with City standards, specifications and the approved plans, and has requested that the city certify completion of these private improvements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby accepts the public improvements and certifies completion of the private improvements for Tract No. 2570. SECTION 2. The current Faithful Performance and Labor & Materials surety may be released upon submittal of a replacement surety guaranteeing the workmanship and materials for a period of 12 months. The surety may be released after 90 days from this date of acceptance of the improvements in accordance with Section 66499.7(h) of the California Government Code. SECTION 4. The Director of Public Works is hereby authorized to release the current surety upon receipt of the above mentioned replacement surety. R 10061 Resolution No. 10061 (2009 *.es) Page 2 Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, and Vice Mayor Settle NOES: None ABSENT: None ABSTAIN: Mayor Romero The foregoing resolution was adopted this 3'd day of March 2009. Mayor David F. Romero ATTEST: Audrey Hoy City Clerk APPROVED AS TO FORM: Jona an well City Attorney RESOLUTION NO. 10060 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION FOR PROPERTY LOCATED AT 399 FOOTHILL BOULEVARD (ARC 106 -08) WHEREAS, the Architectural Review Commission, on December 1, 2008, approved a mixed -use project with four dwellings and 1;494 square feet of commercial floor area in the Neighborhood Commercial zone; and WHEREAS, Steve & Stephanie Hilstein filed an appeal of the Architectural Review Commission's action on December 11, 2008; and WHEREAS, the City Council 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 February 17, 2009, for the purpose of considering an appeal of the Architectural Review Commission's action; and WHEREAS, the Council has duly considered all evidence, including the record of the Architectural Review Commission hearing and action, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. With approval of Administrative Use Permit A 55 -07, the proposed project will not be detrimental to the public health, safety and welfare of persons living or working at the site or in the vicinity because the new mixed -use building and associated site improvements conform to all Zoning Regulation requirements. 2. The project is consistent with General Plan policies that encourage mixed -use projects in commercial districts and accommodate affordable housing production and variety. 3. The project's mixed uses are compatible with their surroundings, with neighboring uses, and with each other because all of the uses allowed or conditionally allowed in the C -N zone were chosen to insure on -going compatibility between commercial and residential uses. 4. The mixed uses provide greater public benefits than single -use development of the site because the project includes residential units that are affordable by design and allow people to live near work places and services. R 10060 Resolution No. 10060 (2009 Series) Page 2 W 5. The commercial component of the project (1,494 square feet) will serve the daily needs of nearby residents while the residential component (four apartment units) will establish a residential character for the property. 6. As conditioned, the proposed colors, materials and architectural details of the building are compatible with the surrounding residential neighborhood and Community Design Guidelines. 7. The project is exempt from environmental review (CEQA Guidelines, Section 15303, New Construction or Conversion of Small Structures). SECTION 2. Action. The City Council does hereby deny the appeal of the Architectural Review Commission's action, thereby approving a mixed -use project at 399 Foothill Blvd., subject to the following conditions and code requirements: Conditions: 1. The applicant shall construct the project so as to substantially conform to plans dated October 23, 2008. Any change to the approved design, colors, materials, landscaping or other conditions of approval must be approved by the Director or ARC, as deemed appropriate. 2. The following noise mitigation included in the City's Noise Guidebook shall be incorporated into project plans submitted for a building permit application to ensure that noise impacts to residential uses are reduced to a less than significant level: a. Provide air conditioning or a mechanical ventilation system, so windows and doors may remain closed. b. Mount windows and sliding glass doors in low air infiltration rate frames (0.5 cfm or less, per ANSI specifications). c. Provide solid -core exterior doors with perimeter weather stripping and threshold seals. d. Cover exterior walls with stucco or brick veneer, or wood siding over %" minimum thickness fiberboard ( "soundboard "). e. Keep glass area in windows and doors below 20% of the floor area of the room. f. Provide baffles for roof or attic vents facing the noise source. Resolution No. 10060 (2009 Series) Page 3 3. All roof and ground- mounted mechanical equipment shall be screened within the architectural design of the building. With the submittal of working drawings, the applicant shall include sectional views of the building, which clearly show the sizes of proposed condensers and other mechanical equipment to be placed on or within the roof forms to confirm that roof features will provide adequate screening. 4. As shown on Sheet A1.0 of project plans, the backflow prevention device and fire riser shall be located within the building. The final location of the device shall be as shown on approved construction drawings consistent with architectural review conditions and shall not be adjusted in the field without approval of the Utilities Division and the Community Development Department. 5. Specific proposals for signage shall be to the review and approval of the Community Development Director. The Director may approve signage if he finds that the proposal conforms to the sign regulations, and is in keeping with the architectural style of the building. The Director may refer signage to the ARC if it seems excessive or out of character with the building. 6. The applicant shall prepare and submit an easement document dedicating a 25 -foot radius at the intersection of Foothill Blvd. and South Tassajara Drive to accommodate the relocation of the traffic signal and traffic signal control box by the City. The curb ramp shall be replaced in compliance with current City and ADA standards. A minimum 4' landing shall be provided at the top of the ramp. Prior to the issuance of a building permit, the applicant shall receive City approval of a dimensioned detail of the project corner at Foothill/Tassajara with a 25 foot radius to the approval of the Public Works Director and submit a copy of the recorded easement. The detail shall include the design (including station markings and power pole relocation) and offer of dedication for additional right of way necessary to allow modifications to the intersection to improve the handicap access and corner radius for turning vehicles. 7. The proposed short-term bicycle parking along the Foothill Blvd. and South Tassajara Drive frontages shall be situated to accommodate bicycles without encroaching into the public right -of -way. The minimum dimensions for each bicycle space shall measure 2x6 feet. Plans submitted for a building permit shall indicate compliance with this requirement. Details of the short-term bicycle parking shall be provided on the project's construction plans including rack design, location, clearances and circulation for users in compliance with manufacturers' standards. 8. The building plan submittal shall include a tree preservation plan for the existing 4 -inch Oak tree to remain. The plan shall be approved to the satisfaction of the City Arborist prior to building, demolition, and /or grading permit issuance. Resolution No. 10060 (2009 Series) Page 4 9. The applicant shall modify the roof forms and architectural details of the building to be more compatible with the surrounding residential neighborhood to the approval of the Community Development Director. To accomplish this, the ARC suggested that the introduction of wood or wood -like products be used in selected areas of the building. 10. Explore the possibility of accommodating additional tree planting in the parking lot area near the south property line by the use of bulbed -out curbs to create expanded planters. 11. If determined to be consistent with the current Building Code, explore the possibility of allowing proposed decks to cantilever into the side yard along the west property line. 12. Unit 2's demising wall separating the kitchen from the dinning area shall be reduced in length by 1 -foot 6- inches, which increases the open wall area with the adjoining room from 35% to 50 %. Code Requirements: 1. The cantilevered deck sections along the westerly property line must be removed from the exterior exit balcony. There are no provisions in the CBC to allow a projection less than 10 feet from a property line for an exterior exit balcony. CBC 1024.3. 2. The water meter configuration shown on Sheet C -3.2 does not comply with City Standard 6210, which requires each water service lateral to connect to the center of the corresponding meter manifold. Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Mayor Romero NOES: Vice Mayor Settle ABSENT: None 9 • Resolution No. 10060 (2009 Series) Page 5 The foregoing resolution was adopted this 17`h day of February 2009. Mayor David F. Romero ATTEST: Audrey Ho er City Clerk APPROVED AS TO FORM: Jo tha . Lowell City Attorney RESOLUTION NO. 10059 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A USE PERMIT FOR THE ART CENTER BUILDING DESIGN AT 1010 BROAD STREET 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 October 22, 2008, for the purpose of considering a Use Permit to allow the Art Center to construct a new building in the Downtown Commercial Historic, Special Considerations Zone (C- D -H -S) Zone at 1010 Broad Street; and WHEREAS, the purpose of the hearing was to make a recommendation to the City Council on the merits of the Use Permit in consideration of the S- overlay zone; and WHEREAS, the City Council conducted a public hearing to consider the Planning Commission's recommendation on February 17, 2009; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and City Advisory bodies, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Approval. The request to allow the Use Permit to construct a new building for the Art Center located in the S- Overlay zone is hereby approved, based on the following findings and subject to the condition set forth below: Findings: 1. The proposed new building is compatible and complementary to structures on adjacent properties as required by Ordinance 1514 since, as conditioned, the building massing, articulation, exterior materials and roof incorporate materials and colors that are sympathetic to nearby historic structures, specifically the Mission and the Carnegie Library. 2. As conditioned, the proposed new building is consistent with General Plan Conservation and Open Space Element Policies that are designed to protect and enhance the City's historic districts. Furthermore, the addition of new landscaping will enable the building to blend into its setting adjacent to the creek and surrounding riparian vegetation. R 10059 LI Resolution No. 10059 (2009 Series) Page 2 0 3. As conditioned, the proposed new building is consistent with the Historic Preservation Guidelines which require that new primary structures within Historical Preservation Districts should fiuther promote the historic character of those areas in that the building design contrasts with the existing historic buildings, thereby highlighting the unique architecture and monumental status of each. 4. As conditioned, the proposed building design is consistent with the Community Design Guidelines since the height and scale of the proposed new structure complements existing adjacent buildings and will provide human scale and proportion. 5. The specific site of this project provides a sylvan setting within the Downtown District that is unique and different from retail storefronts that are characteristic of much of the Downtown Historic District. 6. The development project does not require additional environmental review because the rezoning of the property (Resolution 9975) examined the Art Center proposal in an environmental initial study and a Mitigated Negative Declaration for the project was approved by City Council. Condition: The project shall return to the Architectural Review Commission to assure that the exterior color, texture and materials are compatible with the setting, and to consider adding pedestrian scale to the building on Broad and on Monterey Streets through art display windows, sculptural elements, or landscape features that help interpret the primary function of the building as a center for art. Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None • o Resolution No. 10059 (2009 Series) Page 3 The foregoing resolution was adopted this 17th day of February 2009. Mayor David F. Romero ATTEST: Audrey H per City Cle APPROVED AS TO FORM: Jo ath . Lowell City Attorney RESOLUTION NO. 10058 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE CITY'S PARTICIPATION IN THE CALIFORNIA ENERGY COMMISSION'S ENERGY PARTNERSHIP PROGRAM WHEREAS, California Energy Commission's Partnership Program provides technical assistance in identifying energy efficiency improvements; and WHEREAS, the City of San Luis Obispo's City Council authorizes the Utilities Department to apply for technical assistance from the California Energy Commission; and WHEREAS, the City of San Luis Obispo's City Council recognizes that the California Energy Commission has limited funds for technical assistance and that the primary consideration will be given to those that are committed to implementing the recommended projects identified through the Energy Partnership Program; 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 will consider the implementation of the cost effective energy efficiency projects identified through the Energy Partnership Program contingent on the projects scope and funding availability. SECTION 2. The Utilities Director is authorized to execute all the necessary documents to implement and carry out the purposes of this resolution. Upon motion of Vice Mayor Settle, seconded by Council Member Ashbaugh, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None R 10058 0 o Resolution No. 10058 (2009 Series) Page 2 The foregoing resolution was adopted this 17th day of February 2009. Mayor David F. Romero 0611 f IN Llvz Audrey Ho City Clerk APPROVED AS TO FORM: 1 nath . Lowell Cit torney • ­0 RESOLUTION NO. 10057 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE FLEET MANAGEMENT POLICY WHEREAS, the City's fleet represents a significant investment in the tools needed to deliver day -to -day services; and WHEREAS, the Council wants to minimize fleet operation and maintenance costs; and WHEREAS, the Council wants to avoid unnecessary capital outlays for fleet expansion and replacement; and WHEREAS, the Council wants to improve fleet safety, utility, reliability and economy; and WHEREAS, the Council wants to maintain a positive image for the City; and WHEREAS, the Council wants to encourage responsible use of City vehicles and equipment. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby adopts the amended Section 405 of the Finance Management Manual. Upon motion of Vice Mayor Settle, seconded by Council Member Ashbaugh, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 17th day of February 2009. Mayor David F. Romero ATTEST: _IL4t-�44Z2� Audrey Hoop City Clerk APPROVED AS TO FORM: Jo atha .Lowell City Attorney R 10057 N Attachment 1 TABLE OF CONTENTS OVERVIEW A. Purpose and Objectives 2 B. Responsibilities 3 POLICIES C. Maintaining Proper Fleet Size 6 D. Buying New Versus Used 7 E. Environmental Stewardship g F. Fleet Use Target Guidelines Before Replacement 9 G. Equipping and Marking Newly- Acquired Units 11 PROCEDURES Budgeting H. Budgeting for Fleet Additions and Replacements 12 Budgeting for Fleet Additions Budgeting for Fleet Replacements Off -Cycle Fleet Additions and Replacements Replacing Damaged Fleet Units Purchasing I. Buying New Units: Cooperative Purchasing Contract 14 J. Buying New Units: Invitation for Bids 15 K. Buying Used Vehicles 16 Surplus Units L. Disposing of Surplus Units 17 ,r.-t i{'.I ? "k'T =ar, }� l't' tr." f, �' i. y c � � ✓:: ,9y - � .� _.. • Originally adopted by the Council on October 2, 1990 (Resolution No. 6876) • Updated and revised by the Council several tines since then, most recently on February 17, 2009 (Resolution No.. ? ? ? ?) • SECTION 405 -A: OVE Purpose • Attachment I The City's fleet represents a significant investment in the tools needed to deliver day -to- day services. This section of the Financial Management Manual outlines responsibilities, policies, and procedures for managing the City's fleet according to established objectives. 2. Objectives a. Minimize fleet life -cycle costs. Typically, it makes sense to get as much service life as possible out of a fleet unit. On the other. hand, as fleet units get older and accumulate more miles, operation and maintenance costs eventually become excessive. Also, surplus value declines sharply after a certain point. Striking a sensible balance among these fleet management principles can maximize utility and minimize overall costs. b. Avoid unnecessary capital outlays for fleet expansion and replacement. Expanding the fleet or replacing an existing unit may not make sense if the unit is used only sparingly. C. Preserve and improve fleet safety, utility, reliability, and economy. Regular and competent inspection and maintenance can prevent safety problems, maximize reliability, and minimize long -term costs. Newer vehicles usually incorporate more advanced technology such as airbags, anti -lock braking systems, and engines that bum cleaner, last longer, and use less fuel. New construction equipment usually incorporates technology that improves the productivity and safety of equipment operators. Also, newer units are naturally more reliable. d. Maintain a positive image for the City. Routinely cleaning, maintaining, and repairing fleet units can demonstrate a commitment to good stewardship over City assets. Operating older vehicles and equipment can sometimes convey a positive impression of cost - consciousness, if the units are not allowed to become unsightly or noisy. Stylish features with marginal utility may project an inappropriate image of luxury or extravagance. e. Set a progressive example of environmental stewardship. Buying and operating alternative -fuel and high efficiency conventional -fuel units, where functionally and fiscally practical, can demonstrate the practicality of such units in reducing conventional -fuel use and enhancing air quality. It can also encourage the initial supply of innovative products until widespread demand makes them more feasible to produce. f. Encourage responsible use of City vehicles and equipment. Conscientious use of City vehicles and equipment can improve safety and reduce liability. 7 • • Attachment I City Manager Responsibilities a. Oversee the acquisition, operation, and disposal of all City-owned and leased Fleet vehicles and. equipment. b. Authorize replacement of fleet units that have been damaged beyond repair when the cost or method of replacement is within the City Manager's purchasing authority and adequate resources are available within existing budget appropriations. C. Amend fleet management policies and procedures as required to accomplish adopted fleet management objectives. 2. Department Head Responsibilities a. Ensure fleet management policies and procedures are followed. b. Budget for fleet additions and replacements not funded through the Fleet Replacement Fund. C. Ensure that all department employees who operate fleet units have appropriate and valid operator licenses. d. Ensure discussion between management staff occurs to identify and consider incremental changes when Transit contracts renew or key fleet staff positions vacate. Potential opportunities could include combining business activities to take advantage of economies of scale, better integration or centralized administrative support, integration of fleet asset management data collection and reporting, establishing equipment standards and using master contracts for outsourced service providers. 3. General Fleet Coordinator Responsibilities a. Manage the acquisition, disposal and replacement of all units not assigned to the Fire or Transit Fleet. b. Service and repair all vehicles and other related fleet equipment including portable and fixed emergency generators not assigned to the Fire or Transit Fleet. C. Manage inventories of the fuel, oil, tires, and replacement parts needed for all units not assigned to the Fire or Transit Fleet. d. Document the maintenance history and cost, the fuel use, and the accumulated mileage (or hours) for each unit not assigned to the Fire or Transit Fleet. C. Identify units to be disposed of. 4. Fire Fleet Coordinator Responsibilities The City has established a separate Fire Fleet to address the specific needs of this specialized equipment. Fire equipment has a special roll and demands that require special 3 • • Attachment 1 certification and record keeping in maintaining unique equipment. A Fire Mechanic position and Fire equipment maintenance facilities based at Fire Station One has been a long standing and successful norm for managing the Fire Fleet. This practice is intended to continue indefinitely, however, when Fire maintenance staff positions vacate, the Public Works and Fire departments should take the opportunity to identify and consider potential opportunities that could be beneficial for consolidating some or all elements of the Fire and General Fleets. Examples may be combining business activities to take advantage of economies of scale, better integrated or centralized administrative support, integration of asset data collection and reporting, adoption of common equipment standards and using master contracts for outsourced service providers. a. Manage the acquisition, disposal and replacement of all units assigned to the Fire Fleet. The Fire Fleet includes all vehicles and other related fleet equipment including portable and fixed emergency generators assigned to the Fire Department. b. Service and repair all units assigned to the Fire Fleet. C. Manage inventories of the fuel, oil, tires, and replacement parts needed for all units assigned to the Fire Fleet. d. Document the maintenance history and cost, the fuel use, and the accumulated mileage (or hours) for each unit assigned to the Fire Fleet. e. Identify units to be disposed of 5. Transit Fleet Coordinator Responsibilities The City has established a separate Transit Fleet to address the specific needs of this specialized equipment. Transit equipment has a special roll and demands that require special certification and record keeping in maintaining unique equipment. A Transit Management position, comprehensive Service Contract, and Transit equipment maintenance facilities based at 29 Prado Road has been a long standing and successful norm for managing the Transit Fleet. This practice is intended to continue indefinitely, however, when Transit contracts are up for renewal or key Transit management staff positions vacate, Public Works should take the opportunity to identify and consider potential opportunities for consolidating some or all elements of the Transit and General Fleet. Examples may be combining business activities to take advantage of economies of scale, better integrated or centralized administrative support, integration of fleet asset data collection and reporting, adoption of common equipment standards and using master contracts for outsourced service providers. a. Manage the acquisition, disposal and replacement of all units assigned to the Transit Fleet. The Transit Fleet includes buses and service vehicles owned by the City and used by the City's transit service contractor. Because such contractors prefer to service and repair the vehicles they operate, the Transit Fleet is kept separate from other City units. b. Oversee the maintenance and operation activities of the Transit Fleet that are performed by the transit service contractor. C. Identify units to be disposed of 9 0 0 Attachment I 6. Vehicle and Equipment Operator Responsibilities a. Exercise good judgment. b. Consult a supervisor or the fleet coordinator if any operator responsibilities are not clear. C. Use City units only for conducting City business unless 1) a vehicle has been approved as a part of compensation or 2) personal use of a vehicle has been specifically approved by the City Manager. d. Arrange for emergency repairs whenever consulting with the fleet coordinator would be impractical. Pay for emergency repairs by either using a City credit card or paying for the repair and submitting receipts for reimbursement. e. Wash and vacuum units periodically to maintain appearance and prevent premature deterioration of surfaces and materials. Use City-owned washing facilities if available. If City-owned washing facilities are not available, use a commercial car wash. Use commercial waxing and detailing services only with prior approval of the fleet coordinator. f. Pay for any parking fees and tolls required while on City business. Submit receipts for reimbursement. g. Pay any traffic and parking fines incurred. These payments are not reimbursable. h. Carry a valid California driver license. i. Obey all traffic laws. j. Except for emergency response, strictly observe speed limits and avoid rapid acceleration in order to minimize fuel use. k. In order to minimize fuel use, avoid vehicle idling except when required for safety, emergency response, vehicle maintenance, equipment activity, or recommended warm -up. 1. Drive defensively. M. Use turn signals. n. Use seat belts and ensure all occupants the use seat belts. o. In case of accident, follow instructions included in the accident folder. P. Observe no smoking in City vehicles policy requirements in accordance with City policies pursuant to City Municipal Code Title 8, Health and Safety, 8.16.030 paragraph C. q. Observe cell phone use policy requirements during operation of City vehicles. 7. Finance Division Responsibilities a. Dispose of surplus vehicles in accordance with City policy in section 480 or the Finance Management Manual. 5 0 • Section 405 -C: Poli Attachment 1 Minimum Fleet Size. The number of units in the fleet should not exceed the minimum number of units needed to effectively conduct City business. 2. Reviewing Vehicle Use. When budgeting for fleet replacements, average annual mileage or hours should be calculated for each unit to be replaced. If average annual use appears to be much lower than the average annual use within the same vehicle or equipment category, the following options should be considered instead of replacement: a. Using a vehicle assigned to a convenient vehicle pool b. Occasionally borrowing from, or establishing on -going shared equipment with another operating program. C. Renting a vehicle or equipment item for a limited period of time in accordance with Financial management Manual requirements and City Manager approval where required. d. Reimbursing employees for use of privately -owned personal vehicles where it is a practical or necessary alternative to City vehicle use., particularly if such use may result in reduction in fleet size and does not conflict with trip reduction efforts. e. Leasing of select construction or alternative fuel equipment. 3. Reimbursement for Business Use of Personal Vehicles. When use of a privately - owned personal vehicle is authorized for City business, reimbursement will be made at the current Internal Revenue Service rate allowed for business use of vehicles. Consistent with the IRS calculation of this rate, the per mile reimbursement rate will reflect all costs associated with operating a vehicle, including, but not limited to, depreciation, lease payments, maintenance, repairs, fuel, oil, insurance, and vehicle registration fees. 4. Timely Disposal of Replacement Units. Replacement of units will not be used as a strategy to expand the fleet either temporarily or permanently. When a unit is replaced, it will expeditiously be declared surplus and be disposed of, except that the City Manager may approve a one -time temporary retention and use not to exceed 180 days. a. The General Fleet Coordinator may retain one surplus general purpose sedan or pickup truck for a loaner vehicle to be used by departments when their vehicles are being serviced. b. The General Fleet Coordinator may retain one surplus backhoe /loader for light - duty use at the Corporation Yard. 5. Authority to Dispose of Surplus Units. The Director of Finance & Information Technology is authorized to: a. Declare replaced units as surplus whenever the Council has previously approved replacement through the budget process or other Council action. b. Dispose of surplus units by sale, auction, trade -in, or other disposal method according to City policies and procedures. Attachment 1 Section 405 -1): Policies Based on past experience with purchase of used general fleet equipment, and to ensure reliability and value, the City's primary practice should be purchasing new vehicles and equipment when replacements are needed. Buying new fleet equipment takes advantage of design advancements and improvements in fuel usage at reasonable cost from competitive bidding through state and local cooperative purchase opportunities. This does not preclude the option to buy used on a case -by -case basis if there are specific reasons why used vehicles or specialize equipment is a more practical and cost effective alternative to buying new. 2. Exception. One standing exception to this policy will be that the City will purchase used general - purpose police sedans. Police Department has found that it needs general - purpose sedans that: a. Are not typically specified for government fleet use and have modest exterior trim levels so the sedans do not stand out as stripped -down government vehicles. This is important because these cars are often pressed into service for detective or undercover work. b. Have large interior capacities with plenty of seat width and legroom in the rear. This is important because these cars must occasionally respond to emergencies carrying four fully equipped patrol officers. To meet these two criteria and keep replacement budgets reasonable, the City should buy used vehicles to replace general - purpose police sedans. This procedure is common practice in California cities when replacing similar police vehicles. 7 • Section 405 -E: Policies • Attachment 1 The City should incorporate "green" vehicles into its General, Fire, and Transit Fleets when such units: a. Will produce significantly less air pollution, use less fossil fuel or have higher miles - per - gallon ratings than comparable conventional units. b. Will not compromise fleet safety, utility, and reliability. C. Can be fueled or recharged locally. d. Can be serviced economically and locally. e. Have a projected life -cycle cost that no more than 20% higher than the projected life -cycle cost of comparable conventional -fuel units. The impact of environmental externalities, such as secondary pollution or market impacts from bio fuel production and distribution, should be considered with potential decisions in procuring alternative fuel vehicles. 2. Each new and replacement unit should have the best fuel- efficiency and the lowest emissions available while performing its primary program use. Incidental or occasional program uses should not compromise good fuel- efficiency and low emissions. For example, if the primary use is local transportation for one or two people, then a small or ultra -small vehicle should be selected. If the program occasionally needs a larger unit to transport three or four people to an out -of -town conference, such a unit should be rented or borrowed from another program area. 0 0 0 Attachment 1 Section I Policies FLELiT USE TfARGET GUIDELINES BEFORE `REP,LACEMENT The following table shows the age and mileage expected from City units in front -line operation before replacement or assignment to backup service: * Backup service defined as setting aside a unit from front line or regular service for the sole purpose of being available during down time of the front line unit. ** Includes any 24/7 scheduled units that are primarily assigned as a front -line, first responder emergency - call vehicle. As of November 2008, this includes the Police CSI Truck, Police Sergeant SUV and Fire Battalion Chief SUV. D Years Vehicle or Equipment Category Age Mileage Allowed in Hours in Years Backup Service* o Police Patrol Vehicles - -- 80,000 - -- - -- Police Patrol Motorcycles - -- 35,000 - -- - -- Fire Pumper Trucks 16 - -- 4 - -- Fire Aerial Ladder Trucks 20 - -- 4 -- Other Fire Trucks 10 - -- -- -- * *Other Public Safety Vehicles - 80,000 -- -- e Police Sedans 8 90,000 — Sedans I 1 90,000 - -- Station Wagons I I 90,000 - -- Passenger Vans 11 90,000 - -- Utility Vehicles I 1 90,000 Pickup Trucks (under 1 ton) 11 90,000 e Light Trucks (under I ton) 12 100,000 -- Medium Trucks (I to 2 tons) 12 60,000 - -- Heavy Trucks (over 2 tons) 12 60,000 - -- Utility Scooters 6 30,000 5,000 Street Sweepers 8 60,000 6,000 Vacuum Flusher Trucks 12 60,000 - -- Trailers 18 - -- - -- Construction Equipment 12 - -- 5,000 Buses 12 - -- - -- Mowers 7 - -- 5,000 Boats 21 - -- - -- Other Portable Equipment 15 - -- -- * Backup service defined as setting aside a unit from front line or regular service for the sole purpose of being available during down time of the front line unit. ** Includes any 24/7 scheduled units that are primarily assigned as a front -line, first responder emergency - call vehicle. As of November 2008, this includes the Police CSI Truck, Police Sergeant SUV and Fire Battalion Chief SUV. D • Attachment 1 2. For units bought used, the age and mileage targets apply to age and mileage since new, rather than age and mileage since acquired by the City. 3. Age /mileage/hours standards will be periodically reviewed and may be adjusted because of improvements in technology or maintenance practices. 4. In order to maintain the high level of reliability required for emergency response vehicles, police patrol units should be replaced when they reach their mileage targets.. For the same reason, fire safety units should be replaced when they reach their age targets. 5. For non -safety units, the age /mileage/hours targets are only guidelines. Units in exceptional condition with low -cost repair histories may continue in service beyond expected age /mileage/hours targets at the discretion of the fleet coordinator. On the other hand, units may be recommended for replacement before expected age /mileage/hours targets are reached if there are problems with irreparable damage, high maintenance cost, unreliability, unsafe components, or technological obsolescence. 10 O O Attachment 1 Section 405 -G: Policies 1. The fleet coordinator will equip each unit with the following articles: a. Vehicle registration forms b. Proof of insurance C. An accident folder that includes an incident report form, an information exchange card, and witness information cards 2. General - purpose sedans, station wagons, and passenger vans do not require any special markings. However, these vehicles must be identified as belonging to the City of San Luis Obispo through such means as a license plate holder or window decal. 3. Utility vehicles, pickup trucks, and special purpose units will be marked with the current standard City logo and logo colors on each side and the City fleet identification number on the tailgate or other conspicuous area. 4. Police patrol vehicles and patrol motorcycles will be marked so that they will be immediately recognizable as City public safety vehicles. Marking schemes for patrol vehicles will be approved by the City Manager. 5. Emergency response apparatus in the Fire Fleet will be painted base red and will be marked so that they will be immediately recognizable as City public safety vehicles. Other emergency response units in the Fire Fleet will be painted base white and will be marked so that they will be immediately recognizable as City public safety vehicles Marking schemes for emergency response units will be approved by the City Manager. General - purpose sedans in the Fire Fleet will be marked as described in paragraph 2. 6. Transit Fleet vehicles will be marked with a distinctive scheme that includes the term "SLO Transit. " Any changes to Transit Fleet markings will be considered by the Mass Transportation Committee and approved by Council. 7. The City Manager must approve any deviations from the provisions of paragraphs 2 through 5 and any additional special markings on any units. Any significant change to established vehicle markings may, at the discretion of the City Manager, require Council approval. 11 U • Attachment 1 Budgeting for additions and replacements will be pursuant to the City's budget policies and the budget instructions issued for each Financial Plan cycle. Except as noted below, all fleet additions and replacements are approved by the Council through the budget process. Budgeting for Fleet Additions a. Prepare a Capital Improvement Plan (CIP) project request for each unit to be added. b. Group similar units within one operating program into a single request. C. Understand that the City's budget policies will apply to all such requests. 2. Budgeting for Fleet Replacements a. Examine units that are near or beyond age and mileage targets. Recommend replacement if justified by maintenance history, overall condition, value, and obsolescence. b. Prepare a CIP project request for each unit to be replaced. Group similar units within one operating program into a single request. Include the following minimum information for each unit to be replaced: • City identification number (e.g., 0405) • Model year (e.g., 2005), make (e.g., Ford), and model (e.g., F -350) • Description (e.g., one -ton truck) • Assigned department (e.g., Public Works) • Assigned program (e.g., Signal and Light Maintenance) • Acquisition year (e.g., 2004 -05) • Acquisition price • Recommended replacement year (e.g., 2010 -11) • Estimated total replacement price (including the price of additional equipment such as radios and installation for new or transferred equipment) • Itemization of total replacement price (including base price, price of special equipment, price of special equipment installation, and five percent price contingency) • Estimated surplus value • Basis of estimated surplus value (e.g., blue book, previous auction proceeds) • Current odometer or hourmeter reading • Projected odometer or hourmeter reading at replacement 12 ® • Attachment 1 • Maintenance cost since acquisition • Maintenance cost in the last full fiscal year • Justification for replacement before age or mileage targets • Justification for replacement with other than a like unit • An explanation of how the replacement unit conforms to the policies of Section 405 -E regarding environmental stewardship 3. Off -Cycle Additions and Replacements Request fleet additions or replacements at times other than the normal budget cycle (Financial Plans, Mid -Year Budget Reviews and Financial Plan Supplements) when necessary due to exceptional circumstances. However, except for replacements due to damage beyond repair as discussed below, understand that Council approval is always required. 4. Replacing Fleet Units Damaged Beyond Repair Request City Manager approval to replace fleet units that have been damaged beyond repair, subject to all of the following conditions City Manager: a. The Fleet Coordinator has evaluated cost options and recommended replacement rather than repair as the most cost effective solution. b. The cost and method of replacement are within the City Manager's purchasing authority. C. Adequate resources are available for the purchase within existing budget appropriations. d. The City Manager Report includes (1) the same information about the unit being replaced described in paragraph 2b of this section and (2) a full description of the circumstances resulting in the damage. Request Council approval if the City Manager conditions in paragraph 4b and 4c are not met. 13 • Section 405 -I: Procedures 0 Attachment 1 Note. All Fleet purchases such as Police patrol vehicles, general purpose fire trucks, sedans, station wagons, passenger vans, light to heavy trucks, utility vehicles, and construction equipment should generally be acquired new through State of California Multiple Award Schedule (CMAS) contracts. Specialized units not generally available though CMAS should generally be acquired new through "piggyback" purchases, where other local agencies have conducted competitive procurements and made those contracts available to the City. Obtain a copy of the purchasing contract that extends contract prices to other government agencies. 2. Ensure that the specified unit along with options is appropriate for the intended use. 3. Contact any local dealers that might have been potential bidders to ensure that the cooperative contract price is a good value and prudent alternative to advertising for bids. 4. Include only those options needed to meet work requirements and typical comfort needs. Avoid options like fancy wheels or leather upholstery that might be perceived as luxurious or extravagant, even if there is no difference in price compared to ordinary options. 5. Specify the exterior paint color to be white. Specify another base color (preferably solid and non - metallic) if authorized or if it will demonstrably improve safety, enhance utility, or reduce cost. 6. Prepare a purchase order to the contract dealer. Depending on the cost, submit a Council Agenda Report or City Manager Report requesting approval of the purchase order. 7. Receive the unit and examine it for defects and conformance to specifications. If satisfactory, mark the dealer's invoice "okay to pay," initial it, and forward it to Accounting with a copy of the purchase order. Note: CMAS contracts often include substantial cash discounts for payment within a stated period of time. For this reason, invoices should be processed promptly to earn such discounts. 8. Forward any title documents to Accounting. 9. Pay any State of California CMAS invoices and charge the appropriate project account. The State assesses a nominal service charge — typically one percent of the base price — for CMAS procurements. Invoices for these service charges usually arrive two or three months after the procurement. 14 i Section 405-J: Procedures INVITATION BUYING NEW UNIT: • -• • Attachment 1 Note: Where appropriate vehicles and equipment are not available through cooperative purchasing contracts, they should be acquired new through invitations for bids. 1. Use the standard invitation for bids (IFB) template to create the specification. 2. In Section A (Description of Work), list the dimensions, capacities, ratings, and options that will adequately describe the unit needed for the intended use. Avoid describing a unit available from only one manufacturer. 3. Include only those options needed to meet work requirements and typical comfort needs. Avoid options like fancy wheels or leather upholstery that might be perceived as luxurious or extravagant, even if there is no difference in price compared to ordinary options. 4. Specify the exterior paint color to be white. Specify another base color (preferably solid and non - metallic) if it will demonstrably improve safety, enhance utility, or reduce cost. 5. If the unit will be picked up at the dealer or delivered by common carrier, eliminate insurance requirements from Section B (General Terms and Conditions) and eliminate Section E (Insurance Requirements) from the specification. 6. Eliminate the contract requirements from Section B (General Terms and Conditions). Eliminate Section D (Form of Agreement) from the specification. 7. In Section C (Special Terms and Conditions), change language about awarding a contract to language about issuing a purchase order. 8. Along with the bid form, include a specification conformance form on which the bidder affirmatively indicates that its product meets the description included in Section A of the Invitation for Bid. 9. Depending on estimated cost, submit a City Manager Report or Council Agenda Report requesting authorization to invite bids. If a Council Agenda Report is submitted, request that the City Manager be authorized to award a purchase order if the cost is within budget. 10. Advertise for bids. 11. Open bids. 12. Prepare a purchase order to the successful bidder. Submit a City Manager Report requesting approval of the purchase order. 13. Forward the purchase order to Accounting. 14. Receive the unit and examine it for defects and conformance to specifications. If satisfactory, mark the dealer's invoice . "okay to pay," initial it, and forward it to Accounting with a copy of the purchase order. 15. Forward any title documents to Accounting. 15 C� Section 405 -K: Procedures BUYING USED • Attachment 1 Note. Although the City's past policy has been to buy used vehicles through dealers who sell used rental vehicles for major rental companies, there have been two disadvantages with using this procedure: 1) prices have tended to be at the high end of the retail range, above what is commonly referred to as "high blue book" value and 2) long -term reliability has been dubious because of the effects of multiple drivers and hard rental service. To avoid these problems and, particularly, to find vehicles in excellent overall condition with relatively low mileage and reasonable prices, the City should use local auto brokers to find suitable vehicles at auction. This approach avoids high dealer markups and allows purchases of vehicles from leased corporate fleets. Such vehicles are usually in better shape than rental vehicles because they have typically had only one driver and have been subject to strict lease conditions regarding condition and mileage at the end of the lease. 1. Depending on estimated cost, submit a City Manager Report or Council Agenda Report requesting authorization to buy a used vehicle. 2. The Fleet Coordinator will initiate a search for a vehicle through brokers who buy and sell vehicles. 3. Select a late model, low mileage vehicle that appears to be in excellent overall condition. Consider only vehicles with options needed to meet work requirements and typical comfort needs. Avoid vehicles with options like fancy wheels or leather upholstery that might be perceived as luxurious or extravagant, even if there is no difference in price compared to ordinary options. 4. Perform a technical inspection to confirm the vehicle is in excellent condition. 5. Negotiate a purchase price, including an extended warranty as appropriate, to be included in a written buyers order from the dealer. 6. Prepare a payment voucher and submit a City Manager Report for approval authorizing the appropriate Fleet Department Head to approve the purchase. 7. Forward the payment voucher to Accounting. 8. Receive the vehicle and examine it for defects and conformance to the buyers order. If satisfactory, pick up the check from Accounting and pay the broker. 9. Forward any title documents to Accounting. Iri 0 Section 405 -L: Procedures • Attachment 1 1. When a unit is replaced or otherwise permanently removed from service, report to Accounting that it is surplus and available for sale. 2. Include in each such report the following information for each unit reported: • City identification number (e.g., 9901) • Vehicle identification number (VIN) • License number • Model year (e.g.,2005), make (e.g., Ford), and model (e.g., F -350) • Description (e.g., one -ton truck) • Assigned department (e.g., Public Works) • Assigned program (e.g., Signal and Light Maintenance) • Acquisition year (e.g., 2004 -05) • Estimated surplus value • Basis of estimated surplus value (e.g., blue book, previous auction proceeds) • Current odometer or hourmeter reading • Justification for replacement • Current location • Authorization to surplus (e.g., budget document that authorized replacement or other Council authorization to replace or dispose of the unit) 3. Finance Division will dispose of surplus vehicles in accordance Section 480 of the Finance Management manual. 17 • • RESOLUTION NO. 10056 (Series 2009) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE LAND AND WATER CONSERVATION FUND IN SUPPORT OF ACQUISITION OF THE FROOM RANCH PROPERTY WHEREAS, the Congress of the United States has established the Land and Water Conservation Fund, which provides funds to the States for grants to local agencies to acquire and/or develop facilities for public recreation and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been assigned the responsibility for the administration of a portion of the program within California, including the establishment of necessary procedures governing grant applications by local agencies under the program; and WHEREAS, said procedures require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application to the Land and Water Conservation Fund Grant Program in support of the Froom Ranch property acquisition project for purposes of habitat protection and enhancement, and passive recreation; and 2. Certifies that said applicant understands the assurances and certification in the application form; and 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match and will have sufficient funds to operate and maintain the project; and 4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. R 10056 Resolution No. 10056 (2009 Series) Page 2 Upon motion of Vice Mayor Settle, seconded by Council Member Ashbaugh, and on the following roll vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 17`h day of February 2009. Mayor David F. Romero ATTEST: /LQa Audrey H oper City Cler APPROVED AS TO FORM: J ath . Lowell City Attorney • • RESOLUTION NO. 10055 (2009 Series) ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION PLATFORM FOR 2009 AND APPOINTMENT OF COUNCILMEMBER AND STAFF PERSON TO ACT AS LIAISON BETWEEN THE CITY OF SAN LUIS OBISPO AND THE LEAGUE OF CALIFORNIA CITIES WHEREAS, a major objective of the City Council is to adopt an aggressive legislative action platform which strengthens local government, promotes City goals and defends the City against legislative actions by State and Federal governments that would weaken local government and/or take away traditional revenue sources; and WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State Legislators and Federal representatives in order to favorably influence State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts a legislative analysis and advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, the City desires to be proactive and involved in the governmental decision making processes directly affecting the City legislative priorities identified in Exhibit "A ", the League of California Cities federal priorities identified in Exhibit "B ", and other selected issues as may from time to time be recommended by the League of California Cities; and WHEREAS, a key component of the City's Legislative Action Platform is face -to -face meetings between City representatives and elected officials at the Federal, State, and County levels, and coordination with similar efforts made by other local government entities. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby: (1) Establish the Legislative Action Platform for 2009, as set forth in the attached Exhibits "A" and "B" and authorize staff to take positions on legislation generally consistent with the Legislative Action Platform and such other resolutions and recommendations of the League of California Cities as may be from time to time presented to the City; and (2) Appoint David F. Romero to act as Councilmember legislative liaison and Jonathan Lowell to act as staff legislative liaison with the League of California Cities. R 10055 Resolution No. 10055 (2009 Sens Page 2 vote: Upon motion of Council Member Carter, seconded by Vice Mayor Settle, and on the following Ayes: Council members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero Noes: None Absent: None The foregoing resolution was adopted this 3rd day of February 2009. David Romero Mayor ATTEST: Audrey He City Clerk APPROVED AS TO FORM: J . Lowell City Attorney 0 • Exhibit A CITY OF SAN LUIS OBISPO LEGISLATIVE ACTION PLATFORM FOR 2009 Community Development 1. Promoting reforms of the entire State mandated HCD Regional Housing Need Allocations process to recognize local urban plans and local resource limitations 2. Promoting funding sources to accomplish retrofitting of unreinforced masonry buildings 3. Promoting funding of on campus housing at CSU for student and faculty housing 4. Preserving local control of planning and zoning matters Supporting efforts to increase funding for affordable housing for very low, low and moderate income families for all cities and communities 6. Promoting funding for the identification, acquisition, maintenance and restoration of historic sites and structures 7. Supporting continued or expanded funding for CDBG program 8. Supporting reinstatement of protections from imposition of additional building or site conditions prior to issuance of a building permit for seismic related improvements to buildings subject to a mitigation program established according to state law (our URM Program) as previously provided in Government Code Section 8875.10 (this section lapsed on January 1, 2009) Economic Development 9. Promoting funding and/or legislation that encourages research and development by businesses in California through tax credits or other incentive programs 10. Supporting funding and policies for the promotion of California as a place to locate businesses 11. Supporting funding for a state tourism promotion program 12. Supporting the effective and efficient use of all communications technologies including voice, video, data, and information services over wired and wireless transmission technologies 13. Supporting telecommunications reform legislation and other measures that preserve local control over public rights -of -way, protect local resources and guarantee access to, funding for, and local flexibility in utilizing funds for public, educational and government (PEG) access television Finance 14. Continuing to support efforts to protect the City from loss of revenues due to State take -aways and unfunded State or Federal mandates • • Exhibit A 15. Endorsing legislation that provides local government with a fair share tax on catalog and Internet sales; and opposing legislation that limits state or local authority to tax catalog or Internet sales 16. Supporting legislation and other measures to change processes in California regarding: determining legislative district boundaries, modifying term limit restrictions, and reducing the two- thirds vote required for adoption of the State budget Human Resources /Employee- Relations/Human Relations 17. Supporting additional workers compensation reforms that lower employers' costs while still protecting workers 18. Supporting pension and retiree health benefits reform efforts in concert with the League of California Cities and the California Public Employees Retirement System (PERS) Board of Directors 19. Opposing the expansion of the "Peace Officers' Bill of Rights," "Firefighters' Bill of Rights," or other attempts to curtail management rights 20. Supporting legislation that provides funding sources for appropriate human service agencies that support the mission of the Human Relations Commission 21. Supporting legislation to protect the City's continued ability to administer its Cafeteria Benefit Plan Public Safety 22. Continuing State and Federal funding support for disaster preparedness, earthquake preparedness, Homeland Security, hazardous material response, State COPS program and other local law enforcement activities 23. Preserving the City's authority to investigate police misconduct 24. Preserving the City's authority to establish both medical and non - medical emergency service levels 25. Supporting efforts to expand the scope of parental responsibility for crimes committed by minors 26. Preserving the authority of local control on issuance of concealed weapons permits 27. Supporting legislation to help curb alcohol - related criminal behavior and underage drinking 28. Opposing new or increased state fees for state provided law enforcement services 29. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free from interference, for all local public safety communication needs 30. Supporting efforts to reduce retention periods for video monitoring tapes r� U Public Works • Exhibit A 31. Supporting legislation to increase the availability of grant funding to replace aging infrastructure of all types, e.g. streets, bridges, water, sewer and storm sewer systems, etc. 32. Obtaining funding, cooperation and prompt approval from the Environmental Protection Agency and Army Corps of Engineers for necessary flood control projects 33. Supporting legislation which would exclude assessments for vital infrastructure from Prop. 218 requirements 34. Supporting legislation to provide monetary incentives or grant funding for alternative fuel vehicles for replacement of municipal fleet equipment 35. Supporting legislation to provide monetary incentives or grant funding for retrofitting municipal buildings with Energy Management Systems to centrally control all lighting 36. Supporting measures to ensure the distribution of federal stimulus funds to cities with "ready to go" public works projects Parks and Recreation and Natural Resources 37. Supporting State and Federal funding and other measures to promote the acquisition, protection, preservation and restoration of natural resources, open space, coastal resources, signature land forms, wetlands and park development, including continued funding for the Land and Water Conservation Grant Program and for the California Conservation Corps 38. Supporting the expansion of National Marine Sanctuary off the coast of San Luis Obispo County to protect this fragile habitat from offshore oil and gas development 39. Opposing any development under existing or new offshore oil and gas leases off the coast of San Luis Obispo County 40. Supporting measures to prohibit discharge of pollutants into the ocean (e.g. selenium contaminated waters from the San Joaquin valley) 41. Encouraging the State Department of Parks and Recreation to reinstate and expedite the distribution of bond funds and other funds resulting from special legislation 42. Seeking legislative exemption from property taxes on lands dedicated to open space purposes which are outside the boundaries of the jurisdiction owning such lands 43. Opposing efforts that erode funding for and negatively impact access to parks, open space, after school programming, senior services, and facilities that promote physical activity, 44. Promoting policies that recognize the benefits of parks and recreational facilities in the advancement of "sustainable communities" and curbing greenhouse gas emissions, including: 0 • Exhibit A development and implementation of a carbon credit and offset program, and aintegration of local and regional parks and non - motorized transportation improvements into Smart Growth Scenarios Transportation 45. Changing gas tax laws to allow local tax for transportation purposes based on a majority vote of the public 46. Promoting continued and increased funding sources for street maintenance projects and transportation improvements, as well as funding for transit service and bicycle projects 47. Supporting clean air transit funding for San Luis Obispo County, in particular funding that supports alternative modes of transportation with clean air benefits 48. Supporting actions to: (1) promote cooperation and mutual support between metropolitan planning organization (MPO) agencies and local transit providers, and (2) discourage trends toward MPO agencies /regional "control' of local transit providers Utilities 49. Supporting clean water funding programs 50. Supporting legislation to further recycling programs and enhance local government's ability to comply with solid waste requirements 51. Supporting legislation to eliminate mandatory penalties for violations of NPDES Requirements and returning discretionary control to the Regional Water Quality Control Board Executive Officers (i.e. repeal SB 709) 52. Supporting legislation and other measures to ensure reasonableness in the administration of NPDES permit governing. City operations, including pursuing a municipal representative on the Regional Water Quality Control Board 53. Supporting legislation promoting the safe, responsible, and cost - effective reuse of Exceptional Quality or better biosolids 54. Supporting legislation to streamline the state regulatory processes 55. Supporting sustainable energy programs 56. Supporting incentives for distributed energy generation projects such as solar power 57. Supporting legislation allowing cities/agencies to establish fees for the costs of operating mandated water quality programs such as, but not limited to, municipal storm water and total maximum daily loading 58. Supporting federal legislative action to transfer Salinas Reservoir properties to a local agency, to the benefit of the City • Exhibit A 59. Supporting legislation that aids in the implementation of the California Urban Water Conservation Council's Best Management Practices regarding urban water conservation 60. Supporting legislation eliminating departing load charges which discourage the use of alternative energy resources 61. Supporting legislation to allow use of Public Goods Funds for the development and installation of energy saving or green energy generating projects to benefit local government County/Regional Priorities 62. Working with the County to assure land use practices that are consistent with the Memorandum of Agreement adopted by the City Council and County Board of Supervisors in 2005 regarding development near the edges of the City 63. Supporting a vector control program benefit assessment for San Luis Obispo County 64. Encouraging participation by County in providing nearby parking for County employees and clients, and alternate transportation and parking demand reduction 65. Supporting County development of a local ordinance providing additional local oversight and regulation of the land application of Pollutant Concentration (PC) or better biosolids 66. Working cooperatively with the County to solve City/County flood problems 67. Supporting the San Luis Obispo County Air Pollution Control District's legislative program Exhibit B 2009 -01 -29 Board of Directors Adopts New Federal Priorities Each year, the League's board of directors adopts priorities to guide the organization's federal advocacy efforts. The board approved the 2009 federal priorities at its last board meeting of 2008 in Southern California. The League's 2009 federal priorities focuses on the following: ° Economic stimulus; ° Energy /environment; ° Community Development Block Grant; ° Affordable housing; ° Water & wastewater infrastructure; ° Reauthorization of SAFTEEA -LU; ° Public safety/homeland security /disaster preparedness; and ° Limitations on local funding. A full copy of the League's 2009 federal priorities has been posted on the League Web site. n LJ 2009 FEDERAL PRIORITES DISCUSSION (November 21, 2008) ECONOMIC STIMULUS Exhibit B California's 480 cities are facing a major economic downturn that has required severe cuts to police, fire, parks, libraries and other vital services as well as put public infrastructure projects on hold. This is occurring while the demand on city services and infrastructure is increasing with 500,000 new residents calling California home each year. The League urges Congress and the Administration to provide economic stimulus to our lagging economy by providing urgent funding for the following: • Energy Block Grant for Infrastructure & Green Jobs • CDBG for Infrastructure • Highway Infrastructure • Water & Wastewater Infrastructure • Public Housing Modernization • Public Safety Jobs & Technology • Transit Equipment & Infrastructure • Restoration of the Rental Housing Tax Break ENERGY /ENVIRONMENT In California, 31 million of the state's population of 38 million lives in a city. California's cities continue to work collaboratively with state and regional partners to implement sustainable community strategies to increase energy efficiency and lower consumption for this population, as well as work to reduce greenhouse gas emissions to1990 levels by 2020. To effectively accomplish the goals of local governments, the League urges Congress to: • Support for full funding of the Energy and Environmental Efficiency Block Grant program, authorized in the Energy Policy Act of 2007 (P.L. 110 -140). This will provide resources directly to local governments for programs that improve community energy efficiency, develop and implement community and transportation energy conservation programs; and promote and develop alternative and renewable energy sources; • Support climate - friendly transportation and land -use policies that assist local governments, integrate new growth into existing communities, and develop transit oriented, bicycle and pedestrian - friendly communities utilizing green building design and construction to maximize resources and reduce energy consumption; and • Ensure that local governments can continue, and not be preempted in, their efforts to decrease carbon emissions. 0 • Exhibit B COMMUNITY DEVELOPMENT BLOCK GRANT • Support increased funding for the Community Development Block Grant (CDBG) program, which is critical in assisting urban and rural cities throughout California with creating jobs, providing affordable housing, eliminating blight and generating new economic investment. In addition, seek flexibility in the CDBG state program to enhance the use of the program by California's 314 non- entitlement cities (cities under 50,000). AFFORDABLE HOUSING As the state's population continues to grow and California grapples with the effects of the national mortgage crisis, our cities are deeply concerned about the need for affordable housing. The League urges Congress to: • Foreclosures: Support the allocation of increased resources for the Neighborhood Stabilization Program that truly target communities with the highest foreclosure rates in the nation; • Section 8 Housing Choice Vouchers: Support full funding of the Section 8 program, which assists very low- income families, the elderly and the disabled afford decent and safe housing; • Home Investment Partnerships Program (HOME) Program: Support increased funding for the HOME program, which provides formula grants to local governments to create affordable housing for low- income households; • National Housing Trust Fund: Dedicate additional sources of funding to the National Housing Trust Fund enacted in Housing and Economic Recovery Act of 2008 (P.L. 110- 289) to help fund the production of new housing, and the rehabilitation of existing housing that is affordable for low- income people; • Preservation of Affordable Housing: Support initiatives that provide a variety of financial restructuring options, such as loan forgiveness, payment deferrals, grants, loans and loan guarantees to preserve rental housing for long -term affordable use; • Workforce Housing: Seek the creation of new initiatives that provide affordable housing to working families. The housing shortage has particularly affected low- and middle- income families. In many areas, workers who provide basic services to local governments, such as teachers, firefighters, and police officers, cannot afford to live in the communities where they work; and • Housing Tax Incentives: Seek tax incentives to promote investment in the production of multifamily rental housing, including expanding the Low Income Housing Tax Credit to create mixed income developments. WATER & WASTEWATER INFRASTRUCTURE Vital to fueling and keeping the world's eighth largest economy moving, California cities' water and wastewater systems need a significant overhaul. There has been almost no new investment in California's water and wastewater systems in more than 30 years. This is putting increasing pressure on the state as California is expected to grow by 10 million by 2020 and is working to meet new, more stringent standards for safe drinking water and clean water. The . League urges Congress to: 0 0 Exhibit B • Provide adequate and reliable long -term funding for municipal water delivery, maintenance and treatment needs to meet federally mandated water quality standards and maintain the vital infrastructure necessary to ensure the availability of clean water for an increasing population. REAUTHORIZATION OF SAFETEA -LU California has more than 45,000 miles of highway and one of the most developed transit systems in the nation. Our transportation systems, which face rapidly growing vehicle use by an ever increasing number of new drivers, have witnessed the cost of building new lane miles rise much faster than inflation and road maintenance needs increase with the age of the freeway system. California's cities are responsible for administering the local streets and roads that connect with the state and federal highway system. As Congress begins to consider the reauthorization of the nation's highway and transit laws, the League urges Congress to: • Support Federal legislative efforts such as transient oriented development that bring together transportation, land use planning, energy and the environment and housing and economic development strategies to reduce congestion and create jobs; • Make reconstruction and preservation of the existing system a high priority for expenditures; and target funds for maintenance to local agencies, which are charged with administering the system; and • Support Federal transportation legislation that fully utilizes a Federal, state and local partnership to develop multi -modal transportation solutions to reduce congestions, streamline transportation project delivery and integrate transportation planning solutions for the nation's highway, rail, air and port freight systems to achieve more efficient goods movement. PUBLIC SAFETY /HOMELAND SECURITY /DISASTER PREPAREDNESS California's cities are on the front line of the war on terrorism and crime. To strengthen California's homeland security, emergency preparedness and crime- fighting efforts, the League urges Congress to: • Support increased Federal investment in resources critical to local law enforcement, including full funding for the Local Law Enforcement Block Grant, as authorized in the reauthorization of the program (P.L. 110 -294), and the Community Oriented Policing Services (COPS) program, as -well as integrated public safety communications systems • Maximize first responder funding to California cities, as well as flexibility in the use of funds to assist areas of need (i.e. personnel, training, and target hardening); • Support for full funding for the Interoperable Emergency Communications Grant Program; and • Support increased funding for disaster preparedness, prevention, recovery, and response for all- hazard threats, including investment in assisting communities with necessary upgrades to existing flood control systems. • ® Exhibit B LIMITATIONS ON LOCAL FUNDING California local governments, many of whom are currently facing extremely difficult fiscal circumstances, already face limited options to generate revenue to provide valuable city services while simultaneously working to expand access intemet access to residents. The League urges Congress to: • Oppose legislation that would reduce or eliminate local government resources by providing a tax moratorium for the expanding and profitable cellular telecommunications industry; • Oppose legislative and administrative efforts by online travel companies to circumvent remittance of transient occupancy taxes to local governments from hotel reservations purchased using the internet, and • Oppose legislation that would preempt California local government's ability to regulate and collect revenue derived from state and local use taxes. RESOLUTION NO. 10054 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE TREE COMMITTEE'S DECISION UPON A TREE REMOVAL REQUEST AT 1268 SYDNEY STREET WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on November 24, 2008 and approved the Applicant's request to remove one Shamel Ash tree located in the street parkway at 1268 Sydney Street, San Luis Obispo, California; and WHEREAS, on January 20, 2009, the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the Tree Committee's approval to remove one Shamel Ash tree at this location. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings: The City Council, after consideration of the appellant's appeal of the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, and public testimony, makes the following findings: 1. The removal of one Shamel Ash tree in the street parkway at 1268 Sydney Street will promote good arboricultural practice. 2. The tree is causing undue hardship to the Applicant's property, i.e. damaging curbs, gutter, sidewalks and plumbing. SECTION 2. The appeal from the Tree Committee's decision to allow the Applicant to remove one Shamel Ash tree at 1268 Sydney Street is hereby denied and the Applicant may proceed with tree removal and tree replacement consistent with the Tree Committee's previous approval. Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Member Carter, Vice Mayor Settle and Mayor Romero NOES: Council Member Marx ABSENT: Council Member Ashbaugh R 10054 9 Resolution No. 10054 (2009 Series) Page 2 The foregoing resolution was adopted this 20th day of January 2009. Mayor David F. Romero ATTEST: r Audrey H er City Cler APPROVED AS TO FORM: Jon well City Attorney RESOLUTION NO. 10053 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE TREE COMMITTEE'S DECISION UPON A TREE REMOVAL REQUEST AT 1256 SYDNEY STREET WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on November 24, 2008 and approved the Applicant's request to remove one Shamel Ash tree located in the street parkway at 1256 Sydney Street, San Luis Obispo, California; and WHEREAS, on January 20, 2009, the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the Tree Committee's approval to remove one Shamel Ash tree at this location. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings: The City Council, after consideration of the appellant's appeal of the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, and public testimony, makes the following findings: 1. The removal of one Shamel Ash tree in the street parkway at 1256 Sydney Street will promote good arboricultural practice. 2. The tree is causing undue hardship to the Applicant's property, i.e. damaging curbs, gutter, sidewalks and sewer plumbing. SECTION 2. The appeal from the Tree Committee's decision to allow the Applicant to remove one Shamel Ash tree at 1256 Sydney Street is hereby denied and the Applicant may proceed with tree removal and tree replacement consistent with the Tree Committee's previous approval. Upon motion of Vice Mayor Settle, seconded by Council Member Carter, and on the following vote: AYES: Council Member Carter, Vice Mayor Settle and Mayor Romero NOES: Council Member Marx ABSENT: Council Member Ashbaugh R 10053 Resolution No. 10053 (2009 Series) Page 2 The foregoing resolution was adopted this 20th day of January 2009. Mayor David F. Romero ATTEST: Audrey Hoo er City Clerk APPROVED AS TO FORM: Jona _ . Lowell City Attorney • RESOLUTION NO. 10052 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING POLICIES FOR THE SALE OR LEASE OF CITY PROPERTY WHEREAS, in November 2008, City voters approved an amendment to Section 906 of the City Charter that provides for Council adoption by ordinance or resolution of policies and procedures that shall be applicable to the sale or lease of City property; and WHEREAS, the Council desires to adopt policies governing authority for the sale or lease of City property that are similar to those in that were place in the City Charter prior to November 2008, except for an adjustment in the amount to account for the passage of time. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: No sale or lease of real property nor any sale of personal property of a value in excess of one thousand dollars ($1,000.00) nor any lease of personal property for a period exceeding three (3) years shall be authorized by the Council except by resolution passed by the affirmative vote of three -fifths (3/5) of all the members of the Council. Upon motion of Vice Mayor Settle, seconded by Council Member Marx, and on the following vote: AYES: Council Members Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: Council Member Ashbaugh The foregoing resolution was adopted this 20`h day of January 2009. David F. Romero, Mayor ATTEST: irey Ho e City Clerk APPROVED AS TO FORM: Jon th . Lowell City Attorney ® __. RESOLUTION NO. 10051 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO OF INTENTION TO ABANDON A PORTION OF FROOM RANCH WAY (ABAN 201 -07) WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on March 26, 2008 for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request for abandonment of a portion of Froom Ranch Way adjacent to the retail stores of Costco and Home Depot; and WHEREAS, the City Planning Commission found that the proposed right -of -way abandonment was consistent with the City's General Plan, and recommended that the City Council approve the abandonment, based on findings and subject to conditions as indicated in Planning Commission Resolution, incorporated herein by reference; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis Obispo to abandon a portion of Froom Ranch Way, as described and shown in Attached Exhibits, pursuant to Section 8300 et seq. of the State of California Streets and Highways Code, and that the abandonment shall be based on the following findings, and subject to the following conditions and code requirements: Findings 1. The proposed right -of -way abandonment is consistent with the General plan because it is no longer needed for present or future public purposes since this portion of the road acts as an entry to a shopping center with existing private circulation improvements. 2. Extension of the right -of -way as a public street further to the southeast would serve no public purpose and could create significant environmental impacts since property to the southeast abuts open space lands with significant slope. 3. The right -of -way abandonment will benefit the general public by allowing private management of the driveway entries, allowing pedestrian and vehicular circulation improvements, allowing for private maintenance of existing private drainage facilities and eliminating the City's costs for maintaining infrastructure within the right of way. 4. The proposed right -of -way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. R 10051 Resolution No. 10051 (2009feries) . Page 2 Conditions 1. The new monuments set to describe the terminus of Froom Ranch Way. and the adjoining property corners for all affected Parcels 1 — 4 shall be documented by a Record of Survey or other appropriate instrument. 2. The exhibit showing future property lines shall provide dimensions of the areas to be abandoned to the adjacent parcels and new parcel areas. 3. Private utility companies shall receive additional notice of intention to vacate prior to the City Council hearing. 4. The abandonment resolution of the City Council shall include the following reservations: a. The reservation of an easement and right at any time, or from time to time, to construct, operate, maintain, replace, remove and renew public utility facilities including sanitary sewers, storm drains, water lines, recycled water lines, street lights, fire hydrants, utility boxes, valves, wires, cables and appurtenances in over and across the area to be vacated, including access to protect these works from all hazards in, upon, and over the area to be vacated. b. The reservation of an easement for public vehicular and non - vehicular access for ingress and egress to buildings on adjacent properties over and across the area to be vacated. c. Informational note: although the abandonment may result in additional property to be deeded back to adjacent contiguous properties, the abandonment does not constitute creation of a separate lot or a potential future subdivision. SECTION 2. Copies of the map showing the particulars of the proposed abandonment are on file in the Office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, February 3, 2009, at 7:00 p.m. in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California, is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is more than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full at least ten (10) days before the public hearing on the proposed street right -of -way abandonment, in The Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment in prominent locations near the portion of the street right -of -way to be abandoned Resolution No. 10051 (2009 *eves) • Page 3 at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonment within ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways code. Upon motion of Council Member Carter, seconded by Vice Mayor Settle, and on the following roll call vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 6th day of January 2009. Mayor David F. Romero ATTEST`. Audrey Hooper City Clerk onathan P. Lowell City Attorney %S STORM E Parcel 4 55/PW82 612 CLARION COURT SAN LUIS OBISPO. CA 93401 T 805 5444011 F 8055444284 v .wwwcapoupm WALIACE GROUP F7 II i i 671 Parcel 1 55/PW82 R-O-W AREA BEING ABANDONED -ss ®- = ®I FROOM RANCH WAY a^'"' �yl�y"��gyy� s+ _. r L V c 44Q1S �'.i.U-S ' S i {7 t C GAS GAS ® GAS rvA- 4 2 BOX ° ® E� LEGEND Double C) Check ❑ WM EXISTING WATER METER U) Valve N & EXISTING TEMP. UTILITY POLE I Parcel 3 i EXISTING FIRE HYDRANT 55/PM/82 EXISTING STREET LIGHT D cn — SLB EXISTING STREET LIGHT BOX wV I EXISTING WATER VALVE GAS — I EXISTING GAS LINE WL — D i EXISTING WATER LINE cn o FL — EXISTING FIRE LINE SD — EXISTING STORM DRAIN LINE Ii ( SS — EXISTING SANITARY SEWER LINE EXHIBIT JOB No.: 0658 -0004 FROOM RANCH WAY DRAWING : AMDEXHIBn5 ABANDONMENT- UTILITIES SKETCH DROWN BY.• EUR SHOWING A PORTION OF 551PMI82 DATE : 915107 CITY OF SAN LUIS OBISPO, CALIFORNIA SCALE : 1' =20' PAou F.c, Lime L-ocAvo*15, Exhl �' R i :... �. Exhibit "A" DESCRIPTION File no: 658 -0001 September 5, 2007 A portion of Froom Ranch Way as shown on Parcel Map SLO 00 -041, in The City of San Luis Obispo, County of San Luis Obispo, State of California as recorded in Book 55 of Parcel Maps at Page 82 in the Office of the Recorder of said County, being more particularly described as follows; The southwesterly 77.00 feet of said Froom Ranch Way. Containing approximately 6160 square feet. The above - described land is graphically shown on Exhibit `B" attached hereto and made a part hereof. End Description SAND S 0 U No. 8081 Edward M. Reading, P.L.S. 8081 Exp. IMI/07 Expires 12/31/07 F OF CAl1F %� 0 0 RESOLUTION NO. 10050 (2009 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING REVISED STANDARD SPECIFICATIONS AND ENGINEERING STANDARDS FOR CONSTRUCTION WHEREAS, the Public Works Department is responsible for maintaining Standard Specifications and Engineering Standards establishing quality requirements and contract conditions for construction; and WHEREAS, the Standard Specifications and Engineering Standards must be periodically updated to allow for changes in construction practices and contract law; and WHEREAS, legally adopted Standard Specifications are necessary to provide "design and plan immunity" thereby protecting the City from possible liability, NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. Resolution No. 9944 (2007 Series) approving previous editions of the Standard Specifications and Engineering Standards is hereby rescinded. 2. Revised Standard Specifications and Engineering Standards dated January 2009, copies of which are on file in the Office of the City Clerk, are hereby approved. Upon motion of Council Member Carter, seconded by Vice Mayor Settle, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx and Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 6th day of January 2009. ATTEST: Audrey Hoo City Clerk AS TO onathan P. G City Attorney Mayor David F. Romero fiGl.l; RESOLUTION NO. 10049 (2009 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ADDING PROPERTY LOCATED AT 1118 PALM STREET TO THE MASTER LIST OF HISTORIC RESOURCES WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Master List of Historic Resources ", and in 1986 adopted Resolution No. 6097 establishing historical preservation program guidelines, including procedures for adding properties to the listing; and WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on November 24, 2008 to consider a request by property owners, Richard and Jan Carsel, to add said property to the Master List of Historic Resources; and WHEREAS, said property was being considered for historic status, in part, because of its architectural style and design, and historic importance in San Luis Obispo; and WHEREAS, at said meeting, the Cultural Heritage Committee reviewed the historical documentation on the property and recommended that the City Council add the property to the Master List; and WHEREAS, this City Council considered this recommendation during an advertised public hearing on January 6, 2009, pursuant to Historic Preservation Program Guidelines established by Council Resolution No. 6157 (1987 Series). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo based on the Cultural Heritage Committee's recommendation, documentation for the property on file in the Community Development Department, public testimony, the staff report, and on the City's Historical Preservation Program Guidelines, as follows: SECTION 1. Findings. The building located at 1118 Palm Street meets the Historic Preservation Program Guidelines for historic listing as a Master List Property based on findings of conformance with architectural and historical criteria. SECTION 2. Addition to Master List of Historic Resources. The property and buildings located at 1118 Palm Street are hereby added to the Master List of Historic Resources, based on historic documentation on file in the Community Development Department, as described in Exhibit A. SECTION 3. Environmental Determination. The City Council has determined that the above action does not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. R 10049 • • Resolution No. 10049 (2009 Series) Page 2 SECTION 4. Publish Revised Master • List of Historic Resources. The Community Development Director is hereby directed to amend the Master List of Historic Resources to include the property listed above and to publish a revised Inventory of Historic Resources for public distribution. SECTION 5. Recording of Historic Properties. The Community Development Director is hereby directed to record the property's historic designation with the County Recorder, pursuant to State Law. Upon motion of Council Member Carter, seconded by Vice Mayor Settle, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 6`h day of January 2009. Mayor David F. Romero ATTEST: I�Zo6c� k � �� Audrey H pe'r City Clery APPROVED: Jona . Lowell City Attorney •. Resolution No. 10049 (2009 Series) Page 3 EXHIBIT A LEGAL DESCRIPTION OF HISTORIC PROPERTY Following is a legal description of the property added to the City of San Luis Obispo's Master List of Historic Resources, by City Council Resolution No. 10049 (2009 Series): 1118 Palm Street, San Luis Obispo, California City of San Luis Obispo, Block 32, Portion of Lot 4 (Assessor's Parcel Number 002 - 325 -008). Owners: Richard and Jan Carsel. RESOLUTION NO. 10048 (2009 Series) A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND CONRAD YOUNG, OWNER OF A DESIGNATED HISTORIC RESOURCE AT 1424 MILL STREET, IN SAN LUIS OBISPO WHEREAS, the City Council of the City of San Luis Obispo is authorized by California Government Code Section 50280 et seq. (known as "the Mills Act ") to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an on -going historic preservation program to promote the preservation, maintenance and rehabilitation of historic resources through financial incentives; and WHEREAS, the owner possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 001- 133 -015, located at 1424 Mill Street, San Luis Obispo, California 93401, also described as the Maino House, (hereinafter referred to as the "historic property "); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owner, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character - defining features are preserved and maintained in an exemplary manner, and repairs and /or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et seq. of the Revenue and Taxation Code. WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on November 24, 2008 to consider a request by Conrad Young, owner of 1424 Mill Street. R 10048 Resolution No. 10048 (2009 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo based on the Cultural Heritage Committee's recommendation, documentation for the property on file in the Community Development Department, public testimony, the staff report, and on the City's Historical Preservation Program Guidelines, the following: SECTION 1. Findings. 1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in financial assistance programs such as property tax reduction programs that encourage maintenance and restoration of historic properties. 2. The Maino House, located at 1424 Mill Street, has been recognized as a historic asset in the community by its designation as a Master List Historic Property. As such, maintaining the structure will meet the City's goals for historic preservation listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space Element. 3. The Cultural Heritage Committee has reviewed and approved the proposed site and building changes, which are incorporated into the Mills Act Program for the property. SECTION 2. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owner, Attachment 1. SECTION 3. Mayor Authorized to Sign Agreement for City. The City Council hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis Obispo. SECTION 4. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review. SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. ® 0 Resolution No. 10048 (2009 Series) Page 3 Upon motion of Council Member Carter, seconded by Vice Mayor Settle, and on the following vote: AYES: Council Members Ashbaugh, Carter and Marx, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 6t' day of January 2009. Mayor David F. Romero ATTEST: Audrey Hoo r City Clerk APPROVED AS TO FORM: - C=Y�� Jo th . Lowell City Attorney ® • HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1424 MILL STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this _ day of , 2009, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City"), and Conrad Young (hereinafter referred to as "Owner"), and collectively referred to as the "parties." Section 1. Description of Preservation Measures. The owner, their heirs or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance and improvements measures described in "Exhibit A ", attached hereto. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation, and shall remain in effect for an initial te.-in c. f tar CO) years thereafter. Each year upon the anniversary of the agreement's effective date, suc 2 initial rm .via automatically be extended as provided in California Government Code Section 50280 through ';091 ar,2 in Section 3, below. Section 3. Agreement Renewal and Non - renewal. A. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as "annual renewal date "), a year shall automatically be added to the initial term of this agreement unless written notice of nonrenewal is served as provided herein. B. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the agreement as provided herein. C. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date, withdraw its notice to the Owner of nonrenewal. D. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the agreement shall remain in effect for the balance of the term then remaining. Section 4. Standards and Conditions. During the term of this agreement, the historic property shall be subject to the following conditions: A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property, the house, garage and gardens and their character - defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building's historic character or significance; exterior materials, coatings, textures, details, mass, roof line, porch and other aspects of the appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the Community Development Director or his designee. B. If the building's interior closely relates to the property's eligibility as a qualified historic property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval of the Community Development Director or his designee. • • C. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character - defining architectural features such as oak and mahogany details, pillars and arches; artwork, special tilework or architectural ornamentation, to the greatest extent possible. D. The Community Development Director shall be notified by the Owner of changes to character - defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building's use or commencing construction work. E. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. F. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County. Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, under the provisions to cancel the agreement by the Owner, the City shall give written notice of violation to the Owner by registered or certified mail addressed to the address stated in this agreement. If such a violation is not convected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach .or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner); then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the owners, or apply for such relief as may be appropriate. B. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 1424 Mill Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City: Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 To Owner: Conrad Young 1490 Buckingham Drive La Jolla, CA 92037 Section 10. General Provisions. A. None of the terms, provisions, or conditions of this agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. B. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage, or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been cause by, reason of the Owner's activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents or employees. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whither or not the City prepared, supplied, or approved the plans, specifications or other documents for the historic property. D. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. E. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. F. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. G. This agreement shall be construed and governed in accordance with the laws of the State of California. Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. L� 0 Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner, however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the city and owners have executed this agreement on the day and year written above. CITY OF SAN LUIS OBISPO Mayor David F. Romero Date / /9/c? OWNER Conrad Young . Date a /�Oco STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) On this day of , 2009, before me, the undersigned, a Notary Public in and for said State, personally appeared , known to me to be the mayor of the City of San Luis Obispo, a municipal corporation existing and organized under the laws of the State of California. Witness my hand and official seal. Ste& Gi44cvcti -ec ilr • • CALIFORNIA ALL- PURPOSE ACKNOWLEDGMENT State of California` County of A /�/ / Y :Lwy On /�- � �� before me, �eGtk� Lee � Date Here Insert Name and Title of the Officer personally appeared _ - o.s JEAM LEE - Commisalon # 1766647 . b Notary Public - California a San Diego County ]l�v -vv�ra Comrn. Wres gX 9 2011 who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and ackno dged to me that <h, /she/they executed the same ier/their authorized capacity(i , and that by ii her/their signature(s) on the instrume t the persoro), or the entity upon behalf of which the person( acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signatur Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Individual ❑ Corporate Officer— Title(s): _ • Partner — ❑ Limited ❑ General • Attorney in Fact ❑ Trustee ❑ Guardian or Conservator ❑ Other: Signer Is Representing: RIGHTTHUMBPRINT OF SIGNER I= Number of.Pages: Signer's Name: ❑ Individual ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Attorney in Fact ❑ Trustee • Guardian or Conservator • Other: Signer Is Representing: ;RIGHTTHUMBPRINT OF SIGNER yi+'`y": y -av -✓ ✓ G " ✓..�.�'.�- '�t\✓G�✓.GVG�nyr.✓. "✓ i.\✓ �G�✓. G�G�✓. G�G�: � ,A'.✓�G� ✓s�<v ✓G�G��:G ✓.VG�G�y1✓ '✓ ' i4� ✓G�,•_iA!'.�d.�.`%ti ✓G�%G�G��: G�✓.1"✓, • EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1424 MILL STREET, SAN LUIS OBISPO, CALIFORNIA. 1. Owner shall preserve, maintain, and repair the historic buildings and gardens, including their character - defining architectural features in good condition, to the satisfaction of the Community Development Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property located at 1424 Mill Street. Character - defining features shall include, but are not limited to: roof, eaves, dormers, trim, porches, walls and.siding, architectural detailing, doors and windows, window screens and shutters, balustrades and railings, foundations, and surface treatments. 2. Owner agrees to make the following improvements and/or repairs during the term of this contract, but in no case later than January 6, 2019, or ten (10) years from the contract date, which ever comes first. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for the Treatment of Historic Properties: 1. Repair roof leaks. Clean and retain antique clay tiles. 2. Upgrade electrical wiring throughout the house. 3. Repair all exterior French doors, screen doors, front entry door, window shutters and building stucco. All replacement doors, windows and stucco shall match the architectural design, colors and materials of the original doors, windows and stucco. 4. Repaint entire exterior of structure. All painted surfaces shall be properly prepared, primed, and painted with high quality paints. 5. Replace all existing copper gutters on the building and install new copper gutters where needed. All new gutters shall match the architectural design and materials of the original gutters. 6. Replace all cracked and unsafe tile work on the front terrace. All replacement tile shall match the original tile. 7. Continue a high level of maintenance to the house's exterior and grounds, as evidenced by periodic repainting and repair of exterior materials and surfaces, high quality landscape maintenance, and repair or replacement of site features, such as fencing, walls, lighting, or other historic site features. a "/,q Dam