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RESOLUTION NO. 10139 (2009 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING PROCEDURES FOR DOWNTOWN PARKING SPACE
CONVERSION
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 May 13, 2009 to consider a resolution that outlines the process for widening
public sidewalks; and
WHEREAS, the 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 December
15, 2009 for the purpose of considering sidewalk dining which can include sidewalk widening;
and
WHEREAS, one of the primary goals of A Conceptual Physical Plan for the City's
Center (Downtown Concept Plan) is to give pedestrians priority in the downtown; and
WHEREAS, converting on -street parking downtown for such things as sidewalk
widening at appropriate locations will provide a long -term benefit to the community by
expanding opportunities for pedestrian circulation and amenities; and
WHEREAS, the establishment of a policy relating to the conversion of downtown street
parking spaces will facilitate evaluation of sidewalk dining proposals; and
WHEREAS, the Council has duly considered all evidence, including the 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. Downtown Street Parking Conversion Process.
A. City- Initiated: City- initiated proposals for parking space conversion in the Downtown
Core as defined in the Downtown Parking and Business Improvement Area as set forth in
Chapter 12.36 of the San Luis Obispo Municipal Code shall be subject to staff review and
approval with appeals heard by the Council. The Downtown Association, the City Manager,
City departments and both sides of the affected block shall receive notification of the
proposed parking space conversion a minimum 30 calendar days before staff action on the
request.
B. Private Small Scale (1 -2 Stalls /less than 50 feet): These proposals for parking space
conversion shall be subject to staff review and approval with appeals heard by the
Architectural Review Commission. The Downtown Association, the City Manager, City
departments and both sides of the affected block shall receive notification of the proposed
parking space conversion a minimum 30 calendar days before staff action on the request.
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Resolution No. 10139 (200teries)
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C. Private Large Scale (3 or More Stalls /50 feet or more): These proposals for parking space
conversion shall be subject to review and approval through the architectural review process
via Architectural Review Commission (ARC) Minor and Incidental procedures or ARC with
appeals hear by the ARC or Council. The Downtown Association, the City Manager, City
departments and both sides of the affected block shall receive notification of the proposed
parking space conversion a minimum 30 calendar days before action on the request.
D. Notification Boundary: The notification boundary may be expanded by the City if it can
be expected that the area of potential impact goes beyond the block.
SECTION 2. Criteria. The following criteria should be used to evaluate parking
conversions:
A. The proposed use serves and enhances the public good.
B. The finished area provides adequate space for pedestrians (which is consistent with the
General Plan).
C. The conversion is limited to end of block locations (which is consistent with the
Downtown Concept Plan) or at a staff supported mid -block crosswalk.
Upon motion of Vice Mayor Carter, seconded by Council Member Marx, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15th day of December 2009.
!�-
Mayor David F. Romero
ATTEST:
tTaina Cano
City Clerk
FAVOW16"T 0 6LI.ICOIIO"v
Jon . Lowell
City Attorney
• •
RESOLUTION NO. 10138 (2009 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
PROVIDING FOR A GRANT AGREEMENT WITH THE LAND CONSERVANCY OF
SAN LUIS OBISPO COUNTY IN SUPPORT OF THE PURCHASE OF A
CONSERVATION EASEMENT ON THE O'CONNOR RANCH IN
SAN LUIS OBISPO COUNTY, CALIFORNIA
WHEREAS, The Land Conservancy of San Luis Obispo County is party to an agreement
with the United States National Guard Bureau ( "NGB "), whereby the Land Conservancy may
acquire land or interest in land for the purpose of protecting the mission of the NGB property
commonly known as Camp San Luis Obispo, in the County of San Luis Obispo California; and
WHEREAS, portions of the area of interest and concern to NGB also lie within the
established Greenbelt of City of San Luis Obispo and are of interest to the City of San Luis
Obispo for conservation purposes; and
WHEREAS, the Land Conservancy has reached an agreement with Joseph and Mary
Lindsey to acquire a Conservation Easement interest ( "Conservation Easement ") ensuring the
preservation of approximately one hundred eight -nine (189) acres of real property (the
"Property ") located within the City's identified Greenbelt; and
WHEREAS, the City of San Luis Obispo, the Land Conservancy, and NGB all desire to
ensure the preservation of the Property consistent with the terms and conditions of the
Conservation Easement in order to protect the scenic, open space, and agricultural values of the
Property in perpetuity; and
WHEREAS, the purchase price for the Conservation Easement is $949,000.00 pursuant
to a qualified appraisal; and
WHEREAS, in consideration of a request from Land Conservancy, and of the parties'
mutual goals and long - standing partnership in land conservation, the City of San Luis Obispo
desires to make a grant in the amount of $107,500.00 towards the purchase price of the
Conservation Easement; and
WHEREAS, NGB will provide the remaining funds needed, pursuant to its Army
Compatible Use Buffer (ACUB) Program for the benefit of Camp San Luis Obispo, to the Land
Conservancy in order to complete the transaction; and
WHEREAS, the Land Conservancy has agreed to accept the Conservation Easement,
pursuant to a resolution passed by its Board of Trustees at their meeting of December 08, 2009,
and to hold, monitor, and enforce the Conservation Easement pursuant to its terms and
conditions in order to ensure the perpetual efficacy of the Conservation Easement; and
R 10138
Resolution No. 10138 (200 *eries) •
Page 2
WHEREAS, said Conservation Easement and the Agreements between the Land
Conservancy and NGB providing for said Conservation Easement, contain assurances that, in the
event of inability of the Land Conservancy to cant' out its duties under the Conservation
Easement for any reason, the United States of America acting through NGB retains the perpetual
right and duty to so enforce the provisions of said Conservation Easement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
SECTION 1. Authorizes and directs the Mayor to sign the Grant Agreement for
Conservation Easement to effect the transaction.
SECTION 2. Authorizes the City Manager to make payment of funds in the amount of
$107,500.00 into an escrow account at First American Title Company, number 4009 - 3245896,
which has been established for the benefit of this transaction, upon request of the Land
Conservancy of San Luis Obispo County made at least 14 days in advance.
Upon motion of Council Member Settle, seconded by Council Member Ashbaugh and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15a' day of December, 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Jona an P. Lowell
City Attorney
• •
RESOLUTION NO. 10137 (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:
SECTION 1. Resolution No. 10050 (2009 Series) approving previous editions of the
Standard Specifications and Engineering Standards is hereby rescinded.
SECTION 2. Revised Standard Specifications and Engineering Standards dated January
2010, copies of which are on file in the Office of the City Clerk, are hereby approved.
Upon motion of Council Member Settle, seconded by Council Member Ashbaugh, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15th day of December 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
C; —'
Jon than . Lowell
City Attorney
R 10137
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RESOLUTION NO. 10136 (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE CITY TO JOIN THE CALIFORNIAFIRST PROGRAM;
AUTHORIZING THE CALIFORNIA STATEWIDE COMMUNITIES DEVELOPMENT
AUTHORITY TO ACCEPT APPLICATIONS FROM PROPERTY OWNERS,
CONDUCT CONTRACTUAL ASSESSMENT PROCEEDINGS AND LEVY
CONTRACTUAL ASSESSMENTS WITHIN THE TERRITORY OF THE CITY; AND
AUTHORIZING RELATED ACTIONS
WHEREAS, the California Statewide Communities Development Authority ("California
Communities ") is a joint exercise of powers authority the members of which include numerous
cities and counties in the State of California, including the City of San Luis Obispo (the "City ");
and
WHEREAS, California Communities has established the CalifomiaFIRST program (the
"CalifomiaFIRST Program ") to allow the financing, of certain renewable energy, energy
efficiency and water efficiency improvements (the "Improvements ") through the levy of
contractual assessments pursuant to Chapter 29 of Division 7 of the Streets & Highways Code
( "Chapter 29 ") and the issuance of improvement bonds (the 'Bonds ") under the Improvement
Bond Act of 1915 (Streets and Highways Code Sections 8500 and following) (the "1915 Act ")
upon the security of the unpaid contractual assessments; and
WHEREAS, Chapter 29 provides that assessments may be levied under its provisions
only with the free and willing consent of the owner of each lot or parcel on which an assessment
is levied at the time the assessment is levied; and
WHEREAS, the City desires to allow the owners of property within its jurisdiction
("Participating Property Owners ") to participate in the CalifomiaFIRST Program and to allow
California Communities to conduct assessment proceedings under Chapter 29 and to issue Bonds
under the 1915 Act to finance the Improvements; and
WHEREAS, California Communities will conduct assessment proceedings under
Chapter 29 and issue Bonds under the 1915 Act to finance Improvements; and
WHEREAS, there has been presented to this meeting a proposed form of Resolution of
Intention to be adopted by California Communities in connection with such assessment
proceedings (the "ROI "), a copy of which is attached hereto as Exhibit A, and the territory within
which assessments may be levied for the CalifomiaFIRST Program shall include all of the
territory within the City's official boundaries of record (the "Proposed Boundaries "); and
WHEREAS, the City will not be responsible for the conduct of any assessment
proceedings; the levy or collection of assessments or any required remedial action in the case of
delinquencies in such assessment payments; or the issuance, sale or administration of the Bonds
or any other bonds issued in connection with the CalifomiaFIRST Program; and
R 10136
Resolution No. 10136 (2000eries) •
Page 2
WHEREAS, pursuant to Government Code Section 6586.5, a notice of public hearing
has been published once at least five days prior to the date hereof in a newspaper of general
circulation in the City and a public hearing has been duly conducted by the Council concerning
the significant public benefits of the CalifomiaFIRST Program and the financing of the
Improvements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. On the date hereof, the City Council held a public hearing and the City
Council hereby finds and declares that the issuance of bonds by California Communities in
connection with the CalifomiaFIRST Program will provide significant public benefits, including
without limitation, savings in effective interest rate, bond preparation, bond underwriting and
bond issuance costs and reductions in effective user charges levied by water and electricity
providers within the boundaries of the City.
SECTION 2. In connection with the CalifomiaFIRST Program, the City hereby
consents to the conduct of special assessment proceedings by California Communities pursuant
to Chapter 29 on any property within the Proposed Boundaries and the issuance of Bonds under
the 1915 Act; provided, that
1. Such proceedings are conducted pursuant to one or more Resolutions of Intention in
substantially the form of the ROI; and
2. The Participating Property Owners, who shall be the legal owners of such property,
execute a contract pursuant to Chapter 29 and comply with other applicable provisions of
California law in order to accomplish the valid levy of assessments.
SECTION 3. Pursuant to the requirements of Chapter 29, California Communities has
prepared and will update from time to time the "Program Report" for the CaliforniaFIRST
Program (the "Program Report"), and California Communities will undertake assessment
proceedings and the financing of Improvements as set forth in the Program Report.
SECTION 4. The appropriate officials and staff of the City are hereby authorized and
directed to make applications for the CalifomiaFIRST program available to all property owners
who wish to finance Improvements; provided, that California Communities shall be responsible
for providing such applications and related materials at its own expense. The following staff
persons, together with any other staff persons chosen by the City Manager from time to time, are
hereby designated as the contact persons for California Communities in connection with the
CaliforniaFIRST Program: Deputy Director of Community Development.
SECTION 5. The appropriate officials and staff of the City are hereby authorized and
directed to execute and deliver such closing certificates, requisitions, agreements and related
documents as are reasonably required by California Communities in accordance with the
Program Report to implement the CalifomiaFIRST Program for Participating Property Owners
and to evidence compliance with the requirements of federal and state law in connection with the
Resolution No. 10136 (2004eries)
Page 3
issuance by California Communities of the Bonds and any other bonds for the CalifomiaFIRST
Program. To that end, and pursuant to Treasury Regulations Section 1.150 -2, the staff persons
listed in Section 4 above, or other staff person acting in the same capacity for the City with
respect to the CalifomiaFIRST Program, are hereby authorized and designated to declare the
official intent of the City with respect to the Improvements to be paid or reimbursed through
participation in the CaliforniaFIRST Program.
SECTION 6. The appropriate officials and staff of the City are hereby authorized and
directed to pay California Communities a fee in an amount not to exceed $12;500, which
California Communities will use to pay for the costs of implementing the CaliforniaFIRST
Program in the City, including the payment of legal costs incurred in connection with judicial
validation of the CaliforniaFIRST Program.
SECTION 7. This Resolution shall take effect immediately upon its adoption. The
City Clerk is hereby authorized and directed to transmit a certified copy of this resolution to the
Secretary of California Communities.
Upon motion of Council Member Settle, seconded by Council Member Ashbaugh,
and on the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this I" day of December 2009.
/�✓ ��l�l�L�
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Jo th . Lowell
City Attorney
• EXHIBIT A 0
RESOLUTION NO.
RESOLUTION DECLARING INTENTION TO FINANCE INSTALLATION OF
DISTRIBUTED GENERATION RENEWABLE ENERGY SOURCES, ENERGY
EFFICIENCY AND WATER EFFICIENCY IMPROVEMENTS
COUNTY OF
WHEREAS, the California Statewide Communities Development Authority ("California
Communities ") is authorized under the authority granted California Communities pursuant to
Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California in
accordance with Chapter 29 of Part 3 of Division 7 of the Streets & Highways Code of the State
of California ( "Chapter 29 ") to authorize assessments to finance the installation of distributed
generation renewable energy sources, energy efficiency and water efficiency improvements that
are permanently fixed to real property ( "Authorized Improvements "); and
WHEREAS, Chapter 29 authorizes California Communities to enter into contractual
assessments to finance the installation of Authorized Improvements in the County of _ (the
"County "); and
WHEREAS, California Communities wishes to declare its intention to establish a
CalifomiaFIRST program (the "CalifomiaFIRST Program ") in the County, pursuant to which
California Communities, subject to certain conditions set forth below, would enter into
contractual assessments to finance the installation of Authorized Improvements in the County;
NOW, THEREFORE, BE IT RESOLVED by the California Statewide Communities
Development Authority, as follows:
Section 1. Findings. California Communities hereby finds and declares the following:
(a) The above recitals are true and correct.
(b) Energy conservation efforts, including the promotion of energy - related Authorized
Improvements to residential, commercial, industrial, or other real property, are necessary to
address the issue of global climate change and the reduction of greenhouse gas emissions in
the County.
(c) Water conservation efforts, including the promotion of water - related Authorized
Improvements to residential, commercial, industrial, or other real property, are necessary to
address the issue of chronic water shortages in California.
(d) The upfront cost of making residential, commercial, industrial, or other real
property more energy and water efficient, along with the fact that most commercial loans for that
purpose are due on the sale of the property, prevents many property owners from installing
Authorized Improvements.
(e) A public purpose will be served by establishing a contractual assessment
program, to be known as the CaliforniaFIRST Program, pursuant to which California
Communities will finance the installation of Authorized Improvements to residential, commercial,
industrial, or other real property in the County.
Jones Hall, A Professional Law Corporation 11 -6 -00
• EXHIBIT A •
Section 2. Determination of Public Interest. California Communities hereby
determines that (a) it would be convenient, advantageous, and in the public interest to designate
an area, which shall encompass the entire geographic territory within the boundaries of the
County, within which California Communities and property owners within the County may enter
into contractual assessments to finance the installation of Authorized Improvements pursuant to
Chapter 29 and (b) it is in the public interest for California Communities to finance the
installation of Authorized Improvements in the County pursuant to Chapter 29.
Section 3. Identification of Authorized Improvements. California Communities
hereby declares that it proposes to make contractual assessment financing available to property
owners to finance installation of Authorized Improvements, including but not limited to those
improvements detailed in the Report described in Section 8 below, as that Report may be
amended from time to time.
Section 4. Identification of Boundaries. Contractual assessments may be entered into
by property owners located within the entire geographic territory of the County; provided,
however, that California Communities shall not enter into contractual assessments to finance the
installation of Authorized Improvements with the owner of any property in the County unless
requested to do so first by the County if the property is located in unincorporated territory or a city
if the property is located in incorporated territory and after such city or the County, as applicable,
has held a public hearing pursuant to Section 6586.5 of the Government Code of the State of
California. The form of resolution pursuant to which cities may request California Communities
to enter into contractual assessments to finance the installation of Authorized Improvements is
attached as Exhibit A.
Section 5. Proposed Financing Arrangements. Under Chapter 29, California
Communities may issue bonds pursuant to Chapter 29 that are payable by contractual
assessments and California Communities may advance its own funds to finance work to be
repaid through contractual assessments, and may from time to time sell bonds to reimburse
itself for such advances. Division 10 (commencing with Section 8500) of the Streets &
Highways Code of the State (the "Improvement Bond Act of 1915 ") shall apply to any bonds
issued pursuant to Chapter 29, insofar as the Improvement Bond Act of 1915 is not in conflict
with Chapter 29.
California Communities shall determine the creditworthiness of a property owner to
participate in the financing of Authorized Improvements based on the criteria developed by the
Program Manager in consultation with the CaliforniaFIRST Program financing team and on file
with the Secretary.
In connection with bonds issued under the Improvement Bond Act of 1915 that are
payable from contractual assessments, serial and /or term improvement bonds shall be issued
in such series and shall mature in such principal amounts and at such times (not to exceed 20
years from the second day of September next following their date) and at such rate or rates of
interest (not to exceed the maximum rate permitted by applicable law) as shall be determined
by California Communities at the time of the issuance and sale of the bonds. The provisions
of Part 11.1 of the Improvement Bond Act of 1915 shall apply to the calling of the bonds. It is
the intention of California Communities to create a special reserve fund for the bonds under
Part 16 of the Improvement Bond Act of 1915. Califomia Communities will not advance
available surplus funds from its treasury to cure any deficiency in the redemption fund to be
created with respect to the bonds; provided, however, that this determination shall not prevent
California Communities from, in its sole discretion, so advancing funds. The bonds may be
• EXHIBIT A •
refunded under Division 11.5 of the California Streets and Highways Code or other applicable
laws permitting refunding of the bonds, upon the conditions specified by and at the
determination of California Communities.
California Communities hereby authorizes the Program Manager, upon consultation
with bond counsel and the CaliforniaFIRST Program underwriter, to provide for the issuance
of bonds payable from contractual assessments.
In connection with the issuance of bonds payable from contractual assessments,
California Communities expects to obligate itself, through a covenant with the owners of the
bonds, to exercise its foreclosure rights with respect to delinquent contractual assessment
installments under specified circumstances.
Section 6. Public Hearing. Pursuant to the Act, California Communities hereby orders that
a public hearing be held before this Commission, at on 2009 at
a.m., for the purposes of allowing interested persons to object to or inquire about the
proposed program or any of its particulars. The public hearing may be continued from time to time
as determined by the Commission for a time not exceeding a total of 180 days.
At the time of the hearing, the Report described in Section 8 below shall be summarized
and the Commission shall afford all persons who are present an opportunity to comment upon,
object to, or present evidence with regard to the proposed contractual assessment program, the
extent of the area proposed to be included within the program, the terms and conditions of the
draft Contract described in Section 8 below, or the proposed financing provisions. Following the
public hearing, California Communities may adopt a resolution confirming the Report (the
"Resolution Confirming Report") or may direct the Report's modification in any respect, or may
abandon the proceedings.
The Commission hereby orders the Secretary to publish a notice of public hearing once a
week for two successive weeks. Two publications in a newspaper published once a week or
more often, with at least five days intervening between the respective publication dates not
counting such publication dates, are sufficient. The period of notice will commence upon the first
day of publication and terminate at the end of the fourteenth day. The first publication shall occur
not later than 20 days before the date of the public hearing.
Section 7. Notice to Water and Electric Providers. Pursuant to Section 5898.24 of the
Streets & Highways Code, the Commission hereby orders the Secretary to provide written notice
of the proposed contractual assessment program within the County to all water and electric
providers within the boundaries of the County not less than 60 days prior to adoption of the
Resolution Confirming Report.
Section 8. Report. The Commission hereby directs the Program Manager for the
CalifomiaFIRST Program to prepare and file with the Commission a report (the "Report") at or
before the time of the public hearing described in Section 6 above containing all of the following:
(a) A map showing the boundaries of the territory within which contractual
assessments are proposed to be offered, as set forth in Section 4 above.
(b) A draft contract (the "Contract ") specifying the terms and conditions that would be
agreed to by California Communities and a property owner within the County. The Contract may
allow property owners to purchase directly the related equipment and materials for the
• EXHIBITA •
installation of the Authorized Improvements and to contract directly for the installation of such
Authorized Improvements.
(c) A statement of California Communities' policies concerning contractual
assessments including all of the following:
(1) Identification of types of Authorized Improvements that may be financed
through the use of contractual assessments.
(2) Identification of California Communities official authorized to enter into
contractual assessments on behalf of California Communities.
(3) A maximum aggregate dollar amount of contractual assessments in the
County.
(4) A method for setting requests from property owners for financing through
contractual assessments in priority order in the event that requests appear likely to
exceed the authorization amount.
(d) A plan for raising a capital amount required to pay for work performed pursuant
to contractual assessments. The plan may include amounts to be advanced by California
Communities through funds available to it from any source. The plan may include the sale of a
bond or bonds or other financing relationship pursuant to Section 5898.28 of Chapter 29. The
plan shall include a statement of or method for determining the interest rate and time period
during which contracting property owners would pay any assessment. The plan shall provide for
any reserve fund or funds. The plan shall provide for the apportionment of all or any portion of
the costs incidental to financing, administration, and collection of the contractual assessment
program among the consenting property owners and California Communities.
(e) A report on the results of the consultations with the County Auditor- Controller
described in Section 10 below concerning the additional fees, if any, that will be charged to
California Communities for incorporating the proposed contractual assessments into the
assessments of the general taxes of the County on real property, and a plan for financing the
payment of those fees.
Section 9. Nature of Assessments. Assessments levied pursuant to Chapter 29, and
the interest and any penalties thereon, will constitute a lien against the lots and parcels of land
on which they are made, until they are paid. Unless otherwise directed by California
Communities, the assessments shall be collected in the same manner and at the same time
as the general taxes of the County on real property are payable, and subject to the same
penalties and remedies and lien priorities in the event of delinquency and default.
Section 10. Consultations with County Auditor - Controller. California Communities
hereby directs the Program Manager to enter into consultations with the County Auditor -
Controller in order to reach agreement on what additional fees, if any, will be charged to
California Communities for incorporating the proposed contractual assessments into the
assessments of the general taxes of the County on real property.
Section 11. Preparation of Current Roll of Assessment. Pursuant to Section
5898.24(c), California Communities hereby designates the Program Manager (or his /her
designee) as the responsible official for annually preparing the current roll of assessment
• EXHIBIT A •
obligations by assessor's parcel number on property subject to a voluntary contractual
assessment.
Section 12. Procedures for Responding to Inquiries. The Program Manager shall
establish procedures to promptly respond to inquiries concerning current and future estimated
liability for a voluntary contractual assessment.
Section 13. Professionals Appointed. California Communities hereby appoints Jones
Hall, A Professional Law Corporation, San Francisco, California, as bond counsel to California.
Communities in connection with the CaliforniaFIRST Program. The Program Manager is hereby
authorized and directed to enter into appropriate agreements with such firm for its services to
California Communities in connection with the matters addressed in this Resolution.
Section 14. Effective Date. This resolution shall take effect immediately upon its
adoption.
rx xxxxx xxxxx
PASSED AND ADOPTED by the California Statewide Communities Development
Authority this , 2010.
I, the undersigned, the duly appointed, and qualified member of the Commission of the
California Statewide Communities Development Authority, DO HEREBY CERTIFY that the
foregoing resolution was duly adopted by the Commission of said Authority at a duly called
meeting of the Commission of said Authority held in accordance with law on 2010.
By:
Member
5
E
RESOLUTION NO. 10135 (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE
AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO FOR THE MADONNA GAP PROPERTY
ANNEXATION AT 11980 LOS OSOS VALLEY ROAD; SLO COUNTY
ANNEXATION #74
WHEREAS, in the case of a jurisdictional change which will alter the service area or
responsibility of a local agency, Revenue and Taxation Code Section 99(b) requires that the amount
of property tax revenue to be exchanged, if any, and the amount of annual tax increment to be
exchanged among the affected local agencies shall be determined by negotiation; and
WHEREAS, when a city is involved, the negotiations are conducted between the City
Council and the Board of Supervisors of the County; and
WHEREAS, Revenue and Taxation Code Section 99(b) requires the each local agency,
upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the
negotiated exchange of property tax revenues, if any, and annual tax increment and requires that
each local agency transmit a copy of each such resolution to the Executive Officer of the Local
Agency Formation Commission; and
WHEREAS, no later that the date on which the certificate of completion of the
jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the
County Auditor of the exchange of property tax revenues by transmitting a copy of said resolution
to him and the County Auditor shall therefore make the appropriate adjustments as required by law;
and
WHEREAS, the City of San Luis Obispo (City) and the County of San Luis Obispo
(County) have previously agreed to a property tax exchange methodology pursuant to Joint
Resolution No. 01 -96; and
WHEREAS, the negotiations have taken place concerning the transfer of property tax
revenues and annual tax increment between the County and the City pursuant to Section 99(b) for
the jurisdictional change designated as Annexation No. 74 to the City (The Madonna Gap
Annexation); and
WHEREAS, the representatives of the negotiating parties have negotiated the exchange of
property tax revenue and annual tax increment between such entities as hereinafter set forth; and
WHEREAS, it is in the public interest that such negotiated exchange of property tax
revenues and annual tax increment be consummated.
R 10135
Resolution No. 10135 (2009fries)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
The recitals set forth above are true, correct, and valid.
2. The City agrees to accept the following negotiated exchange of base property tax
revenues and annual tax increment:
a. No base property tax revenue shall be transferred from the County to the City
and the County shall receive any future property tax increment.
b. That all the sales tax revenues arising from the development of the property shall
go to the City.
3. Upon receipt of a certified copy of this resolution and a copy of the recorded
certificate of completion, the County Auditor shall make the appropriate adjustments
to property tax revenues and annual tax increments as set forth above.
4. The City Clerk is authorized and directed to transmit a certified copy of the
resolution to the Executive Officer of the San Luis Obispo Local Agency Formation
Commission, who shall then distribute copies in the manner prescribed by law.
Upon motion of Council Member Ashbaugh, seconded by Council Member Settle, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this I st day of December 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
)Qaath*iR'P. Lowell
City Attorney
• •
RESOLUTION NO. 10134 (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXPENDITURE OF $100,000 FROM THE 2009 -10 STATE BUDGET
TO CONTINUE FUNDING PUBLIC SAFETY PERSONNEL
WHEREAS, the adoption of the 2009 -10 California State budget includes continuation
of AB 1913 which established the Supplemental Local Law Enforcement Fund; and
WHEREAS, AB 1913 appropriated $100 million to supplement local law enforcement
budgets; and
WHEREAS, the City of San Luis Obispo has been allocated $100,000 from the 2009 -10
California State budget as granted under AB 1913; and
WHEREAS, the funds may be applied to projects and front line municipal police
services which are in existing budgets but are under- funded; and
WHEREAS, a public hearing was held on December 1, 2009, to receive public input on
the recommendations for the use of these funds.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo approves the expenditure of $100,000 as received from the 2009 -10 California State
budget to assist in funding Public Safety personnel, and authorizes the Chief of Police to execute
any grant related documents.
Upon motion of Vice Mayor Carter, seconded by Council Member Marx, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10134
Resolution No. 10134 (200peries)
Page 2
The foregoing resolution was adopted this 151 day of December 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
on P. Lowell
City Attorney
• •
RESOLUTION NO. 10133 (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. 2340
(1720 JOHNSON AVENUE)
WHEREAS, the City Council made certain findings concerning Tract 2340, as
prescribed in Resolution No. 9034 (2000 Series); and
WHEREAS, the City Council approved the final map for Tract 2340 per
Resolution No. 9566 (2004 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements for
Tract 2340, 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 2340, in accordance with City standards, specifications and the approved plans, and has
requested that the city certify completion of these private improvements; and
WHEREAS, the subdivision improvements have been in place and functioning
adequately for twelve months.
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. 2340.
SECTION 2. The Faithful Performance, Labor and Materials, and monumentation
sureties may be released at this time.
SECTION 3. The surety guaranteeing the workmanship and materials may be released
at this time.
Upon motion of Council Member Settle, seconded by Council Member Ashbaugh, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10133
Resolution No. 10133 (20099nes)
Page 2
The foregoing resolution was adopted this 1 st day of December 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
J6n an P. Lowell
City Attorney
RESOLUTION NO. 10132 2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A POLICY FOR THE PROCESSING OF
ADMINISTRATIVE APPEAL FEE WAIVER REQUESTS
WHEREAS, the City of San Luis Obispo has duly adopted an Appeals Procedure,
codified in Chapter 1.20 of the San Luis Obispo Municipal Code; and
WHEREAS, Council adopted Resolution No. 10098 (2009 Series) establishing fees to
recover the City's costs of conducting such administrative appeal hearings; and
WHEREAS, Council wishes to ensure that individuals are not denied access to the City's
appeal process solely on account of an inability to pay an appeal fee.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Fee Deferrals and Waivers for Anneals.
1. Generally. The City Manager, or his/her designee, may grant a fee deferral or fee waiver
of the appeal fee pursuant to this section. Any request for a fee deferral or fee waiver shall be
made at the time of the filing of the appeal. If a request for fee deferral or fee waiver is filed,
no fee shall be collected until a determination is made on the fee deferral or fee waiver.
The appeal will be deemed filed on the day it is submitted to the City Clerk, unless the fee
deferral or fee waiver is denied and the fee is not paid. All applicable dates or time periods
for hearing the appeal shall be tolled until the City Manager, or his/her designee, grants or
denies the deferral or waiver. If the fee deferral or waiver is denied, appellant shall pay the
appeal fee within ten (10) days of denial, and if not paid, the appeal shall be dismissed.
2. Fee Deferral (Low Income). If the appellant declares under penalty of perjury and
provides sufficient documentation demonstrating that the appellant's income does not exceed
eighty percent (80 %) of median income applicable to San Luis Obispo County, adjusted for
family size as published and annually updated by the United States Department of Housing
and Urban Development, then the City Manager or his/her designee shall grant an appeal fee
deferral to the appellant.
If a fee deferral is granted based upon the criteria specified above, the appellant shall pay
twenty-five percent (25 %) of the appeal fee at the time the deferral is granted and the
remaining seventy-five percent (75 %) of the fee after the hearing, pursuant to a payment
schedule established by the City Manager.
3. Fee Waiver (Very Low Income). If the appellant declares under penalty of perjury and
provides sufficient documentation demonstrating that the appellant's income does not exceed
fifty percent (50 %) of median income applicable to San Luis Obispo County, adjusted for
family size as published and annually updated by the United States Department of Housing
R 10132
Resolution No. 10132 (200meries) •
Page 2
and Urban Development, then the City Manager or his/her designee shall grant an appeal fee
waiver to the appellant.
4. Documentation Supporting Deferral/Waiver. In support of any appeal fee deferral or
waiver, an appellant shall furnish such financial information as the City Manager or his/her
designee deems reasonably necessary to make a decision on the fee deferral or fee waiver.
Among other documentation, the appellant may submit evidence demonstrating that appellant
is receiving benefits pursuant to: (1) the Supplemental Security Income (SSI) and State
Supplemental Payments (SSP) programs (Sections 12200 through 12205.2 of the Welfare and
Institutions Code), (2) the Aid to Families with Dependent Children (AFDC) program (42
United States Code 601 through 644), (3) the Food Stamp program (7 United States Code
2011 through 2027), (4) Section 17000 of the Welfare and Institutions Code, or (5) if the
appellant declares under penalty of perjury that his/her /its monthly income is one hundred
twenty -five percent (125 %) or less of the current monthly poverty threshold annually
established by the Community Services Administration pursuant to Section 625 of the
Economic Opportunity Act of 1964, as amended.
5. Effect of City Manager Decision. The City Manager's or his/her designee's
determination on a fee deferral or fee waiver shall be final and there shall be no
administrative appeal from the decision.
Upon motion of Council Member Settle, seconded by Council Member Ashbaugh, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, and Mayor Romero
NOES: Vice Mayor Carter
ABSENT: None
The foregoing resolution was adopted this 1 st day of December 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
c
CJonathan-F. Lowell
omey
• •
RESOLUTION NO. 10131 (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CERTIFYING THAT THE CITY WILL PROVIDE A MINIMUM FUNDING MATCH
OF $50,600 (10 %) FOR THE BICYCLE TRANSPORTATION ACCOUNT GRANT
APPLICATION FOR THE RAILROAD SAFETY TRAIL CONNECTIONS PROJECT
AND AUTHORIZE THE CITY MANAGER TO ENTER INTO
ANY REQUIRED AGREEMENTS
WHEREAS, the City Council has adopted a Bicycle Transportation Plan that complies with
the content requirements of Section 891.2 of the California Streets and Highways Code; and
WHEREAS, San Luis Obispo's Bicycle Transportation Plan ranks the Railroad Safety Trail
as the highest priority commuter bikeway in the City; and
WHEREAS, the San Luis Obispo Bicycle Advisory Committee (BAC) has reviewed the
BTA Grant Program Guidelines, considered alternative eligible projects, and recommended that the
City Council pursue BTA grant funding for the project described herein; and
WHEREAS, the Community Development Director has reviewed the Railroad Safety Trail
project and its Initial Environmental Study and has granted the project a Mitigated Negative
Declaration consistent with the provisions of the California Environmental Quality Act (CEQA) and
its guidelines; and
WHEREAS, the City Council finds that implementation of this project described below
will improve bicycle commuting in San Luis Obispo, consistent with the community's General Plan
Circulation Element and Bicycle Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that it certifies the City will provide a minimum 10% funding match of $50,600 for the Railroad
Safety Trail connections project and authorizes the City Manager to enter into any subsequent
cooperative agreements with that agency for the Railroad Safety Trail connections project.
Upon motion of Council Member Settle, seconded by Council Member Ashbaugh, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10131
Resolution No. 10131 (200kes) •
Page 2
The foregoing resolution was adopted this I st day of December 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Jo P. Lowell
City Attorney
•
RESOLUTION NO. 10130 (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO IN
SUPPORT OF THE CALIFORNIA SPACE CENTER
WHEREAS, the California Space Authority is a non -profit corporation representing
commercial, civil and.national defense/homeland security interests of California's diverse space
enterprise community in industry, government, academia and workforce; and
WHEREAS, the California Space Authority is designated, by the State of California, as
the "California Spaceport Authority" and in this capacity the California Space Authority
facilitates development of California -based spaceports; and
WHEREAS, the California Space Authority is engaged in development of the California
Space Center; and
WHEREAS, the California Space Center will provide the public with access to an
education facility including a viewing site for launches from Vandenberg Air Force Base, an
amphitheater, a visitor center, a conference support facility, and a business park; and
WHEREAS, the California Space Center will be dedicated to inspiring students to study
science, technology, engineering and math, and educate the public about the robust space
enterprise in California; and
WHEREAS, the California Space Center plans to significantly increase public awareness
of critical contributions that space enterprise has made statewide and nationwide in the past,
present, and for the future; and
WHEREAS, the center will highlight the work being done at Vandenberg Air Force
Base, as well as celebrate the role of the original inhabitants, the Santa Ynez Band of Chumash
Indians, whose history is deeply rooted in astronomy; and
WHEREAS, the establishment of this center will provide the Central Coast with a major
tourist attraction, providing thousands of jobs and creating a positive economic impact for
surrounding areas.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
SECTION 1. The City Council does hereby express its unanimous and dedicated
support for the California Space Authority's concept for a multi - purpose California Space Center
located on a 71 -acre site that fronts Highway 1, near the main gate of Vandenberg Air Force
Base.
R 10130
Resolution No. 10130 (20099 eries)
Page 2
Upon motion of Council Member Settle, seconded by Council Member Ashbaugh, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 1 st day of December 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Jon Al. Lowell
City Attorney
• •
RESOLUTION NO. 10129 (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE MITIGATED NEGATIVE DECLARATION
FOR THE LAGUNA LAKE DREDGING PROJECT
WHEREAS, the City is pursuing the dredging of Laguna Lake; and
WHEREAS, an environmental review was prepared and made available for public
comment 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.
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. Air Ouality Mitigation
a. AIR -01 Restrict Footprint: Reduce the amount of the disturbed area where possible.
b. AIR -02- Prevent Airborne Dust: A dust control plan shall be submitted to Air Pollution
Control District at least 30 -days prior to construction and should consider employ
measures such as water trucks of 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. All PMio mitigation measures required in the plan should be shown
on any construction plans and monitored in the field to prevent transport of dust offsite.
c. AIR -03- Stockpile Management: If stockpiled soil remains on -site beyond the appropriate
drying period for reuse or disposal, spraying to prevent dust shall be required or the
material shall be adequately covered and secured.
d. AIR -04 -Dust Control Implementation: Permanent dust control should be implemented as
soon as possible following completion of any soil disturbing activities.
R 10129
Resolution No. 10129 (200peries)
Page 2
e. AIR -05- Extended Soil Stabilization: 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. AIR -06- Vehicle Sneed: Vehicle speed for all construction vehicles shall not exceed 15
miles per hour on any unpaved surface at the construction site.
g. AIR -07 -Haul Truck Dust Control: 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 California
Vehicle Code Section 23114.
h. AIR -08 - Roadway Dust Control: If visible soil material is carried onto adjacent paved
roads, install wheel washers where vehicles enter and exit unpaved roads onto streets, or
wash off trucks and equipment leaving the site, and sweep streets at the end of each day.
Water sweepers with reclaimed water should be used where feasible.
Standard NOx Control Measures for Construction Equipment:
i. AIR -09- Equipment Maintenance: Maintain all construction equipment in proper tune
according to manufacturer's specifications.
j. AIR -10 -Fuel: Fuel all off -road and portable diesel powered equipment with Air
Resources Board certified motor vehicle diesel fuel (non -taxed version suitable for use
off - road.)
k. AIR -11- Diesel Equipment: Maximize, to the extent practical and feasible, the use of
diesel construction equipment meeting Air Resources Board's Tier III equipment.
1. AIR -12- Equipment Certification: Maximize to the extent practical and feasible, the use of
on -road heavy -duty equipment and trucks that meet the Air Resources Board's Tier III
certification standard for on -road heavy -duty diesel engines.
m. AIR -13- Idling of Diesel Equipment: All on and off -road diesel equipment shall not be
allowed to idle for more than 3 minutes. Signs shall be posted in the designated queuing
areas and or job sites to remind drivers and operators of the 3 minute idling limit.
n. AIR -14 Queuing of Haul Trucks: Queuing of haul trucks should be in location to
minimize impact to park visitors or neighboring residents.
o. AIR -15 Dredge: Electrification of dredging and pumping equipment is recommended as
feasible.
Resolution No. 10129 (2004eries)
Page 3
Greenhouse Gas Emissions:
p. AIR -16- Carbon Neutrality: Greenhouse gas emissions will be minimized through the use
of an electric dredge rather than a diesel dredge. The off -site greenhouse gas emissions
associated with the power production by the energy company (PG &E) will be offset
through participation in PG &E's Climate Smart Green House Gas offset program.
2. Biological Resources Mitigation
a. BIO -01 Project scheduline: Dredging activity in or within 23 meters of nesting areas will
be scheduled to avoid the bird breeding season (March 1 — August 31). The initial upland
disturbance (creation of the drying facility) will be scheduled outside the bird breeding
season unless a nesting survey of the disturbance area is completed immediately prior to
disturbance and finds no nesting activity. Dredging is proposed to occur during the
summer to avoid the winter /spring breeding season of amphibians and to minimize the
likelihood of turtles in the bottom material within the dredging areas.
b. BIO -02 Field Design Placement: The City Biologist and the Biological Monitor
(discussed below) will walk the construction areas as drawn in the final design
specifications for the drying/rehandling facility to confirm that the location is the most
appropriate and maximizes resource avoidance. Minor adjustments to the disturbance
area may be made at that time to further reduce impacts. The City Biologist and the
Biological Monitor will work with the dredge contractor to determine the onshore landing
of the temporary pipeline to connect the dredge to the drying facility. The portion that
extends through the wetlands should be flagged in advance and should ideally remain in
place throughout the entire project to avoid temporary impacts associated with installation
and removal.
c BIO -03 Biological awareness training: All contractors will participate in meetings be
designed to inform construction personnel of issues related to sensitive biological
resources potentially encountered during the project. These meetings will cover the basic
biology and identification of sensitive species occurring at the project site and cover on-
site protection measures of these species. State and federal laws protecting sensitive
species and penalties for non - compliance will also be discussed. Other topics such as spill
prevention and cleanup procedures and the location of areas off limits to construction
personnel will be addressed.
d. BIO -04 Work area delineation: All work areas will be delineated using silt fence, caution
tape, cones or other appropriate material to indicate where work is permitted to occur and
what areas are to be avoided. All work areas and avoidance areas will be discussed with
construction personnel during daily "tailgate" meetings.
e. BIO -05 Pre - construction wildlife surveys: These surveys are designed to detect sensitive
species occurring in the work area just prior to the start of dredging. Pre - construction
surveys allow for sensitive species occurring in the work area to be re- located as
Resolution No. 10129 (200kes)
Page 4
appropriate, avoided, or protected by other means so that no take occurs as a result of
project activities. Pre - construction wildlife surveys will occur no sooner than two weeks
prior to the start of the project. If a federally or state listed threatened or endangered
species is observed in the work area, the proposed activities in the area will be re-
evaluated by the contractor, the City and the Biological Monitor to ensure that no take
will occur. No disturbance activities are allowable in an area supporting a state or
federally listed species if the activity could result in take of the listed species.
f. BIO -06 Biological monitoring: The purpose of an on -site Biological Monitor is to ensure
that all .sensitive species avoidance and protection measures agreed upon for the project
are properly implemented and maintained and to ensure that all work procedures are
conducted in a manner that maximizes resource avoidance and impact minimization. The
Biological Monitor will also help to make on -site decisions regarding any sensitive
species identified during dredging operations. Monitoring is not required daily, but will
be required during all initial clearing and then periodically (at least weekly) through the
dredging or at the discretion of the Biological Monitor in coordination with the City. If at
any time a state or federally listed threatened or endangered species is observed in the
work are, all work activities will stop in the area. The Biological Monitor will be
responsible for a determination of what activities may proceed that do not pose the risk of
take of the listed species.
g. BIO -07 Exclusion fencing: Exclusion fencing (silt fence) will be installed to reduce the
likelihood of species such as southwestern pond turtles from entering the work areas
(particularly the settling ponds or along hauling roads). It is very important that silt fence
be installed properly and checked regularly by the Biological Monitor for issues requiring
repair or re- installation due to wind or mechanical impacts.
h. BIO -08 Avoidance .areas: Areas of important biological significance to potentially
occurring sensitive species will be flagged or marked in some way to signify that no
project related activities are to occur within these areas: Avoidance areas will be
displayed in a figure and shown to the construction personnel during the tailgate
meetings.
i. BIO -09 Habitat replacement: Any impacts to sensitive native habitats will be mitigated.
On -site restoration of impacted plant communities will occur within the areas disturbed
by the project and/or within the park. Restoration activities including weed abatement of
otherwise high quality habitat and installation of propagules in areas where native
emergence is needed are appropriate and will be implemented under a habitat restoration
plan that identifies specific areas of impact and restoration. The restoration plan will be
reviewed and approved by the City Biologist. Temporary impacts of native habitat will be
mitigated on a minimum 1:1 basis. Permanent impacts to native habitat will be mitigated
on a 3:1 basis. Because the dredge will remain outside marsh habitat (minimum 23-
meters from the bank) and because the drying and rehandling facility will be constructed
in an area of non - native annual grassland, impacts to sensitive native plant communities
are expected to be minimal and temporary.
Resolution No. 10129 (2009 eries)
Page 5
j. BIO -10 Biological monitoring: An on -site Biological Monitor will review the final design
plans and will survey the disturbance area for the drying and rehandling facility with the
City Biologist when it is flagged in the field. The Biological Monitor will be on -site
during project activities to ensure that all sensitive species avoidance and protection
measures agreed upon for the project are properly implemented and maintained and to
ensure that all work procedures are conducted in a manner that maximizes resource
avoidance and impact minimization. The Biological Monitor will also help to make
implementation decisions throughout the project regarding any potential ecological issues
or to address sensitive species identified during the project operations. Monitoring is not
required daily, but will be required during all initial clearing and then periodically (at
least weekly) through the dredging or at the discretion of the Biological Monitor in
coordination with the City. The Biological Monitor will have stop -work authority and
will do so should a listed species be identified in the work area. Work will not
recommence in the area until the Biological Monitor determines what activities may
proceed that do not pose the risk of take of the listed species. The Biological Monitor will
prepare regular monitoring reports during all phases of the work for review by the City
Biologist. Monitoring reports will briefly describe the work activities conducted during
the monitoring period, the status and/or condition of resource protection measures, and
any occurrences of sensitive species or events requiring the involvement of the Biological
Monitor.
3. Cultural Resources Mitigation
The project does not require mitigation for cultural resources impacts; however, the following
monitoring is required as a measure of caution.
a. CULT -01 Cultural resource monitoring:. Prior to project implementation, an archaeologist
will review the final project plans for the Laguna Lake dredging project to confirm that
the final plans to not conflict with the findings or recommendations from the current
studies.
4. Geology & Soils Mitigation
a. GEO -1 Use appropriate shoreline setbacks and dredging depths: ESC (1992)
recommended that no dredging be conducted within 15 meters (50 feet) of the shoreline
as mapped at maximum lake elevation. ESC (1992) further concluded that dredging shall
be conducted to depths of 0.76 meters (2.5 feet) at distances of 15 to 23 meters (50 to 75
feet) from the shoreline, and to depths of 1.5 meters (5 feet) at distances of more than 23
m (75 ft) ft from the shoreline. The current proposal incorporates a complete setback of
23 meters to avoid potential impacts.
b. GEO -2 Conduct pre - dredging reconnaissance of shoreline structures: ESC (1992)
indicated that it would be prudent to document the existing structures, fences, retaining
walls, and other improvements along the shoreline just prior to initiation of dredging.
Resolution No. 10129 (2000eries) •
Page 6
This could facilitate recognition of any adverse effects related to dredging, and would
document pre- existing conditions.
c. GEO -03 Monitoring Program: An appropriately licensed engineer or geologist will certify
the final dredging design specifications and confirm that the proposed 23 -meter setbacks
from the banks of the lake avoids the potential for significant impacts.
5. Hydrology and Water Ouality Mitigation.
The project does not require mitigation for water quality impacts; however, the following
monitoring is required as a measure of caution.
a. HYDRO -01 - Monitoring Program: Testing return water for Total Dissolved Solids
content: Samples of return water from the dredge operation shall be collected and tested
regularly or as needed to insure compliance with local, state, or federal standards
pertaining to allowable Total Dissolved Solids limits. If test results show unacceptable
amounts of Total Dissolved Solids in the return water, then the release of return water
will be stopped to allow for changes to the system that will result in returning the Total
Dissolved Solids to acceptable levels upon start-up of operations.
6. Noise Mitigation
The project does not require mitigation for noise issues; however, the following monitoring is
required.
a. NOISE -01 Monitoring Program: Periodic noise level monitoring: The noise levels
produced by equipment working on the project shall be monitored routinely throughout
the project. Equipment or activities found to be exceeding noise standards established in
the noise ordinance are to be prevented from conducting further work on the project site
until such time as it can be demonstrated that they can operate below such standards.
7. Recreation Mitigation
The project does not require mitigation for recreation impacts; however, the following
monitoring is required as a measure of caution.
a. REC -01 Monitoring Program: The allowable work periods (regular business hours on
weekdays with no weekend or holiday work) shall be a part of the contract for the project
and compliance shall be monitored by City Staff as part of standard monitoring for
construction projects.
8. Transportation Mitigation
The project does not require mitigation for transportation issues; however, the following
monitoring is required as a measure of caution.
Resolution No. 10129 (20099 eries)
Page 7
a. TRANS -01 Monitoring Program: Installation of appropriate signage identifying haul
routes and notifying park visitors of truck hauling activity, and the required speed limit
shall be a part of the project contract and shall be monitored by City Staff as part of
standard monitoring of construction projects.
Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Carter, and on the
following vote:
AYES: Council Member Ashbaugh, Vice Mayor Carter and Mayor Romero
NOES: Council Member Marx
ABSENT: None
RECUSED: Council Member Settle
The foregoing resolution was adopted this I st day of December 2009.
MayorDavidF �.
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
—2
Jo th Lowell
City Attorney
0
RESOLUTION NO. 10128 (2009 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING THE FINAL DESIGN OF THE CHINATOWN MIXED -USE
DEVELOPMENT PROJECT IN THE C -D-H ZONE
(ARC 30 -09; 861 PALM STREET AND ADJACENT PARCELS)
WHEREAS, the Cultural Heritage Committee (CHC) conducted a public hearing on
September 28, 2009, and determined that the revised project design is appropriate in the
Downtown and Chinatown Historical Districts, and recommended final approval of the project
design to the Architectural Review Commission (ARC) and City Council; and
WHEREAS, the ARC conducted a public hearing on October 19, 2009, and
recommended approval of the project design to the City Council; 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
November 17, 2009, pursuant to an application filed by SLO Chinatown, LLC, applicant for the
purpose of considering ARC 30 -09, final design review for the Chinatown Project; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has considered the Final Environmental Impact Report
(EIR) with Update that was previously certified by the Council on December 18, 2007, along
with the Addendum dated September 2009 prepared to update the EIR, which was reviewed
along with revised project plans by the CHC and ARC; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines
that the project's Final EIR with Update as updated by the Addendum dated September, 2009
adequately addresses the potential significant environmental impacts of the proposed project in
accordance with the California Environmental Quality Act and the City's Environmental Guidelines,
and reflects the independent judgment of the Council. The Council has reviewed and considered
the information contained in this Addendum in its consideration of the final project design and
finds that the preparation of a subsequent EIR is not necessary, based on the following findings:
Findings:
1. None of the circumstances included in Section 15162, which require a subsequent EIR
have occurred, specifically:
R 10128
Resolution No. 10128 (200meries) •
Page 2
a. The project changes do not result in new environmental impacts.
b. The circumstances under which the project is undertaken will not require major changes
to the EIR.
c. The modified project does not require any substantive changes to previously approved
mitigation measures.
2. The proposed additions and changes are minor and generally consistent with the previous
mixed -use project evaluated for the same site by the City Council with certification of the
Final EIR with Update on December 18, 2007.
3. All of the updated mitigation measures are reasonably necessary to reduce potentially
significant impacts to less than significant levels and become project conditions.
4. The changes are consistent with City goals to promote the intensification of infill sites,
respect the context of the site's setting in two historical districts, provide a project scale
compatible with its surroundings, accommodate pedestrian flow through the site and onto
adjacent streets, and bring economic vitality to the downtown core.
5. The proposed scale and design of buildings will be compatible with surrounding uses as
found by the City's Architectural Review Commission with their review of project plans and
are consistent with the City's General Plan, Zoning Regulations, and Community Design
Guidelines.
SECTION 2. Action. The final design of the Chinatown Project (ARC 30 -09) is hereby
approved, based on the following findings, and subject to the mitigation measures listed in the
attached Exhibit A and the following conditions:.
Findings:
1. As designed and conditioned, the building materials, style, character, and form of the new
structures within the project will promote the architectural character, style, form, and
materials of the existing Downtown and Chinatown Historical Districts and complement the
architectural character of the surrounding buildings and area consistent with the City's
Historic Preservation Program Guidelines.
2. The project is consistent with standards contained in the City's Community Design
Guidelines for the downtown, which encourage projects to be pedestrian- oriented, and to
have proportions and design details that complement surrounding structures
3. The project's design is consistent with the design principles contained in Section 4.16 of
the Land Use Element including providing pedestrian- oriented spaces on the ground floor of
buildings, continuous storefronts, and upper floor dwellings and offices.
4. The project is consistent with the mitigation measures adopted by the City Council on
December 18, 2007 with the certification of the Chinatown Project EIR & Update and the
recently completed Addendum.
Resolution No. 10128 (200meries)
Page 3
Conditions:
1. Final project design and construction drawings shall be in substantial compliance with the
project plans reviewed by the CHC & ARC and ultimately approved by the City Council. A
separate full -size sheet shall be included in working drawings submitted for a building permit
that list all conditions, 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 requirements are addressed.
Any change to approved design, colors, materials, landscaping or other conditions of
approval must be approved by the Director or Architectural Review Commission, as deemed
appropriate.
2. Detailed rehabilitation/restoration plans shall be submitted for both the historic
Blackstone Hotel and Sauer Bakery buildings along with building permit applications for
seismic upgrades. Plans shall clearly delineate building features to remain, including Ah
Louis bricks to be retained in place or to be reused in other parts of the project, and provide
precise details on features that will be created to replicate historical architectural elements as
shown on elevations. The historic baking ovens of the Sauer Bakery Building shall be
maintained in place and reflected on plans submitted for a building permit.
3. The Morro Street elevation of the hotel shall be further articulated using architectural
elements similar to those used on the linear park elevation of the hotel to the approval of the
Community Development Director as part of the submittal of working drawings.
4. Plans shall include window details indicating the style and type of materials for the
windows, mullions, their dimensions, and colors. Plans shall also include the materials and
dimensions of all lintels, sills, surrounds, recesses, and other related window features.
5. Plans shall clearly show the depth of molding features, details on all railings, balconies,
balustrades and other decorative architectural details, and storefront details.
6. The plaster finish for buildings shall be smooth- troweled or sand finish.
7. All City Council approved mitigation measures contained in the Final EIR with Update
and as amended by the Addendum shall be included as conditions of approval, and are
incorporated herein by reference (Exhibit A).
8. As called for in Mitigation Measure TT -7a, the applicant shall pay parking in -lieu fees
for a total of 188 parking spaces prior to the issuance of building permits for the project.
Permits for the seismic retrofit and remodeling of the Muzio's, Sauer Bakery, and Blackstone
Hotel buildings may be issued prior to the payment of in -lieu fees.
9. The parking structure has not been designed to accommodate self - parking; therefore, the
structure shall be accessed by the valet and residential tenants only. No self - parking shall be
permitted by other users.
10. Consistent with Mitigation Measure TT -4, the building plan submittal shall include a
summary of and show all the required and proposed short-term and long -term bicycle
Resolution No. 10128 (2004eries) •
Page 4
parking per M.C. Section 17.16, Table 6.5, and in accordance with standards contained in the
2007 Bicycle Transportation Plan update and Community Design Guidelines. Plans shall
include the dimensions for, locations of, and details and detail references on the plans, for the
proposed bicycle parking facilities and/or racks per City standards.
11. Consistent with the goal set forth in Mitigation Measure TT -3a, a minimum 8 -foot wide
clear path of travel for pedestrians shall be maintained on the Monterey and Palm Street
sidewalks. A narrower clearance may be allowed on the Morro Street sidewalk with
documentation of extenuating circumstances and to the approval of the Public Works
Director. Building insets are permitted if needed to accomplish the 8 -foot clearance
requirement.
12. Consistent with Mitigation Measure TT -3h, a minimum 10 -foot wide clear path of travel
for pedestrians shall be maintained through the hotel paseo when it is not closed for special
events.
13. The specific art proposals for the project shall return to the ARC for review at a later date
once developed by artists and approved by an art jury as overseen by the SLO Arts Council.
14. Details of lighting fixtures shall return to staff for review and approval, either prior to, or
along with, the plans submitted for a building permit. The locations of all lighting fixtures
shall be clearly called out on building elevations included as part of working drawings. The
lighting schedule for buildings shall include a graphic representation of the proposed lighting
fixtures and cut - sheets shall be separately submitted for the project file of the proposed
lighting fixtures. The selected fixture(s) shall be shielded to insure that light is directed
downward consistent with Section 17.23.050 of the Zoning Regulations. Details of all
exterior light fixtures, including site lighting and service area lights, need to be included as
part of plans. A note shall be included on plans that "Lenses of exterior wall- mounted lights
may be modified or shielding devices added after installation if the Community Development
Director determines that they emit excessive glare."
15. A specific sign program for the project shall be to the review and approval of the
Architectural Review Commission (ARC). The sign program shall include information on
the sizes, locations, colors, materials, and types of signage proposed for various buildings
and project directional signs. Project signs shall be designed to be compatible with the
architecture of proposed buildings and to complement the site's setting within both the
Chinatown and Downtown Historical Districts. Once adopted, the sign program shall contain
provision for the Community Development Director to approve minor deviations to the
approved sign program if findings can be made in support of the exception being consistent
with the intent of the program, and in keeping with the design characteristics and historical
context of the building(s) and/or site. The Director may refer signage proposals to the ARC
if there are concerns that a particular design is out of character with the sign program.
16. Mechanical equipment shall be located internally to buildings. With submittal of
working drawings, the applicant shall include sectional views of buildings, which clearly
show the sizes of proposed condensers and other mechanical equipment to be placed on the
Resolution No. 10128 (200kes) •
Page 5
roof to confirm that parapets and other roof features will adequately screen them. A line of
site diagram may be needed to confirm that proposed screening will be adequate.
17. The required fire risers for buildings shall be located internal to buildings. Other fire
department equipment shall be located internal to buildings where feasible. The externally
mounted Fire Department Connection (FDC) for buildings shall have a chrome or brass
finish to the approval of the Community Development Director.
18. The applicant shall prepare an archaeological monitoring plan for the seismic upgrade
and remodel projects for the Blackstone Hotel and Sauer Bakery buildings. Consistent with
the Archaeological Resource Preservation Program Guidelines, the plan shall include
provision for a qualified archaeologist and Native American site monitor to be present during
construction activities. If excavations encounter significant paleontological resources,
archaeological resources or cultural materials, then construction activities shall cease until
the extent of the resource is determined and appropriate protective measures are approved by
the Community Development Director. The Community Development Director shall be
notified of the extent and location of discovered materials so that they may be recorded by a
qualified archaeologist. If pre- historic Native American artifacts are encountered, a Native
American monitor should be called in to work with the archaeologist to document and
remove the items. Disposition of artifacts shall comply with state and federal laws and
pertinent EIR mitigation measures.
19. To the extent feasible, healthy mature tress shall be reused within the project as indicated
on the conceptual landscaping plan. Detailed landscaping and grading plans that accompany
building permit plans shall confirm proposals for the retention and relocation of existing trees
and provide for tree protection measures to be in place during project construction to the
approval of the City Arborist and Public Works and Community Development Directors.
20. Tree protection measures shall be implemented to the satisfaction of the City Arborist.
The City Arborist shall review and approve the proposed tree protection measures prior to
commencing with any demolition, grading, or construction. The City Arborist shall approve
any safety pruning, the cutting of substantial roots, or grading within the dripline of trees. A
city - approved arborist shall complete safety pruning. Any required tree protection measures
shall be shown or noted on the building plans. Contact the City Arborist at 781 -7023 to
review and to establish any required preservation measures to be included with the building
permit submittal.
21. A tree protection bond or surety shall be provided to the city prior to demolition,
construction, and/or tree relocations to the satisfaction of the City Arborist, Public Works
Director, and Community Development Director. The surety amount shall be established in
accordance with current standards for evaluating tree value.
22. All new or relocated trees shall be installed per City Engineering Standards. Existing
trees to remain shall be upgraded to include a tree well and grate per City Engineering
Standard #8130 where determined feasible by the City Arborist.
Resolution No. 10128 (2004eries) •
Page 6
23. All underlying lots shall be merged or lot lines shall otherwise be adjusted prior to
building permit issuance if required by the Building Division and/or Planning Division.
Contact the Planning Division to initiate the Lot Merger, Lot Line Adjustment, or
subdivision process.
24. Encroachments into or construction staging within the public right -of -way will require
notification of the affected businesses prior to the commencement of each phase of
construction and demolition to the satisfaction of the Public Works Director.
25. The historic granite curbing located along the Palm Street frontage shall be salvaged and
incorporated into the final public improvements to the satisfaction of the Public Works
Director.
26. The existing curb ramp located at the southeast corner of Palm and Chorro serves the
pedestrian load from this development and shall be upgraded per ADA and City Engineering
Standards. Any street paving, utility relocations or upgrades related to this installation shall
be completed by the developer.
27. The project shall comply with the Engineering Standards in effect at the time of building
permit submittal. The city expects that new standards relating to street furniture may be in
effect at the time of building permit application. These aesthetic standards include but are
not limited to public benches, matching trash/recycle receptacles, ganged newsracks, tree
grates, and pedestrian level lighting fixtures.
28. The project shall include pedestrian level lighting fixtures and the required appurtenances
and infrastructure per City Engineering Standard #7915 and the approved downtown lighting
plans. Existing cobra head fixtures shall be removed unless otherwise deemed necessary for
pedestrian and/or vehicle safety by the Public Works Director.
29. A properly sized underground grease interceptor shall be provided for any commercial
kitchen in the project. This interceptor must be placed to allow convenient access by service
vehicles, including grease interceptor pumping trucks.
30. Facilities shall be provided to allow restaurant equipment washing, including but not
limited to: floor mats, trash cans, etc. Washing facility shall be covered and connected to
sanitary sewer, and not be allowed to be discharged to the storm drain or surrounding
environment.
31. Manifolds for multiple water meters shall be used to the maximum extent to reduce the
number of water services in the street right -of -way (example: the two water services Iodated
in front of building D). Depending on the meter sizes required at each location, six meters
utilizing one -2" service may not be possible (see City Standard 6260).
32. Each individually -owned commercial unit shall have an individual water meter. Each
residential unit shall have an individual water meter. Separate landscape meters for
Resolution No. 10128 (200 *eries)
Page 7
33. All existing water services that will not be used shall be properly abandoned per City
standards.
34. Prior to issuance of construction permits, a final detailed plan of the trash and recycling
rooms, including number and type of bins, and adequate capacity for the different solid waste
and recyclables shall be submitted to the City's solid waste coordinator and the local garbage
company for final review and approval. This plan shall be consistent with the draft solid
waste management plan that accompanied project design plans and also identify areas for
storage of fats, oils and grease, and any other waste expected to be generated by restaurant(s)
or other types of tenants within the project.
35. The applicant shall submit utility plans during the building permit review process that
clearly identify both private and public sewer system details and the point of connection at
City main. If any existing laterals are reused, a CCTV inspection will be required and shall
be submitted to the Building Department during the Building Permit Review Process. All
unused sewer laterals shall be identified and abandoned at the City main.
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: None
RECUSED: Council Member Ashbaugh
the foregoing resolution was adopted this 17th day of November, 2009.
1�
Mayor David F. Romero
I:rMWIM
Elaina Cano
Interim City Clerk
APPROVED AS TO FORM:
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City Attorney
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36
Chinatown Project
Final E!R Addendum - September 2009
• •
RESOLUTION NO. 10127 (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE ISSUANCE OF BONDS BY THE CALIFORNIA MUNICIPAL
FINANCE AUTHORITY FOR THE PURPOSE OF FINANCING OR REFINANCING A.
HOUSING DEVELOPMENT FOR UNIVERSITY MINISTRY BOARD OF THE SANTA
BARBARA PRESBYTERY AND APPROVING, AUTHORIZING, AND DIRECTING
EXECUTION OF A JOINT EXERCISE OF POWERS AGREEMENT RELATING TO
THE AUTHORITY, AND CERTAIN OTHER MATTERS RELATING THERETO
WHEREAS, pursuant Chapter 5 of Division 7 of Title 1 of the Government Code of the
State of California (the "Act'), certain public agencies (the "Members ") have entered into a Joint
Exercise of Powers Agreement, effective on January 1, 2004 (the "Agreement') in order to form
the California Municipal Finance Authority (the "Authority "), for the purpose of promoting
economic, cultural and community development, and in order to exercise any powers common to
the Members, including the issuance of bonds, notes or other evidences of indebtedness; and
WHEREAS, the City of San Luis Obispo (the "City "), has determined that it is in the
public interest and for the public benefit that the City become a Member of the Authority in
order to facilitate the promotion of economic, cultural and community development activities in
the City, including the financing of projects therefore by the Authority; and
WHEREAS, there is now before the Council the form of the Agreement; and
WHEREAS, the Agreement has been filed with the City, and the members of the
Council, with the assistance of its staff, have reviewed said document; and
WHEREAS, the California Municipal Finance Authority (the "Authority ") is authorized
to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the
construction of capital projects; and
WHEREAS, the University Ministry Board of the Santa Barbara Presbytery, a California
nonprofit religious corporation (the "Borrower ") has requested that the Authority issue and sell
revenue bonds in the maximum principal amount of $5,000,000 (the "Bonds ") for the purpose of
making a loan to the Borrower; to enable the Borrower to finance or refinance the costs of
financing a housing development located at 1468 E. Foothill Blvd. San Luis Obispo, California
(the "Project "); and
WHEREAS, in order for the interest on the Bonds to be tax - exempt, Section 147(f) of
the Internal Revenue Code of 1986, as amended (the "Code "), requires that an "applicable
elected representative" with respect to the Authority hold a public hearing on the issuance of the
Bonds and approve the issuance of the Bonds following such hearing; and
WHEREAS, the Authority has determined that the Council is an "applicable elected
representative" for purposes of holding such hearing; and
Resolution No. 10127 (200kes) •
Page 2
WHEREAS, notice of such public hearing has been duly given as required by the Code,
and the Council has heretofore held such public hearing at which all interested persons were
given an opportunity to be heard on all matters relative to the financing or refinancing of the
Project and the Authority's issuance of the Bonds therefor; and
WHEREAS, it is in the public interest and for the public benefit that the Council approve
the issuance of the Bonds by the Authority for the aforesaid purposes.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows;
SECTION 1. The Agreement is hereby approved and the Mayor is hereby authorized
and directed to execute said document, and the City Clerk is hereby authorized and directed to
attest thereto.
SECTION 2. The Council hereby approves the issuance of the Bonds by the Authority
for the purpose of providing funds to make a loan to the Borrower to enable the Borrower to
finance or refinance the Project.
SECTION 3. The issuance of the Bonds shall be subject to the approval of the Authority
of all financing documents relating thereto to which the Authority is a party. The City shall have
no responsibility or liability whatsoever with respect to the Bonds.
SECTION 4. The adoption of this Resolution shall not obligate the City or any
department thereof to (i) provide any financing to acquire or construct the Project or any
refinancing of the Project; (ii) approve any application or request for or take any other action in
connection with any planning approval, permit or other action necessary for the acquisition,
rehabilitation or operation of the Project; (iii) make any contribution or advance any funds
whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its
membership therein.
SECTION 5. The Mayor, the Clerk and all other proper officers and officials of the City
are hereby authorized and directed to execute such other agreements, documents and certificates,
and to perform such other acts and deeds, as may be necessary or convenient to effect the
purposes of this Resolution and the transactions herein authorized.
SECTION 6. The Clerk shall forward a certified copy of this Resolution and an
originally executed Agreement to the Authority in care of its counsel:
Harriet M. Welch, Esq.
Squire, Sanders & Dempsey LLP.
555 South Flower St., Suite 3100
Los Angeles, CA 90071 -2300
Resolution No. 10127 (200kes)
Page 3
SECTION 7. This resolution shall take effect immediately upon its passage.
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 17a' day of November, 2009.
Z-4 41d
Mayor David F. Romero
ATTEST:
zy' - - '
lain Cano
Interim City Clerk
APPROVED AS TO FORM:
Jonathan P well
City Attorney
1]
•
RESOLUTION NO. 10126 (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL FROM THE TREE COMMITTEE'S DECISION
APPROVING A TREE REMOVAL REQUEST AT 546 HIGUERA STREET
WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on
August 24, 2009 and approved the Applicant's request to remove one pine tree located in the
back of the property, near the creek at 546 Higuera Street, San Luis Obispo, California; and
WHEREAS, on November 3, 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 pine 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 tree is causing undue hardship to the Applicant's property.
2. The removal of one pine tree in the back of the property at 546 Higuera Street will
promote good arboricultural practice.
3. The removal of the pine tree will not harm the character or environment of the
surrounding neighborhood.
4. The Applicant will plant 4 native frees along the creek area that are found in riparian
habitats so as to offset the loss of the pine tree.
SECTION 2. The appeal from the Tree Committee's decision to allow the Applicant to
remove one pine tree at 546 Higuera Street is hereby denied and the Applicant may proceed with
tree removal and tree replacement consistent with the City Council's direction in finding number
4 above.
Upon motion of Council Member Marx, 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 10126
Resolution No. 10126 (200y9 eries) •
Page 2
The foregoing resolution was adopted this 3rd day of November, 2009.
/l/ /.'z; t � /'
K4ayor b. '
ATTEST:
Elaina Cano
Interim City Clerk
APPROVED AS TO FORM:
a P. Lowell
City Attorney