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HomeMy WebLinkAbout8592-8597f I RESOLUTION NO. 8597(1996 Series) A RESOLUTION OF THE CITY COUNCQ. OF SAN LUIS OBISPO OPPOSING PROPOSITION 218 WHEREAS, Proposition 218, the "Right to Vote on Taxes Act," is an initiative measure which will appear on the November 5, 1996 General Election ballot; and WHEREAS, Proposition 218 would require voter approval of all local taxes, and fundamentally change existing laws related to the use of special assessments and the imposition of other property-based fees and charges; and WHEREAS, such changes would dramatically reduce the flexibility of local governments to raise revenue necessary to provide, operate, and maintain adequate public facilities and services; and WHEREAS, the State Director of Finance has estimated that the fiscal impact to local governments may exceed a loss of 5100 million annually if Proposition 218 passes; and WHEREAS, Proposition 218 authorizes the use of the initiative process to repeal or reduce local taxes, assessments, fees and charges which could have far reaching negative impacts on local government's ability to plan budgets or pledge revenues to the repayment of bonds, and may adversely affect the overall credit rating and financial viability of local governments; and WHEREAS, the many unanswered questions raised about the effect of Proposition 218 would undoubtedly generate significant litigation in the future, and WHEREAS, Proposition 218 would grant disproportionate voting power to corporations, large landowners, and out -of -state interests, and deny renters the right to vote under the weighed voting system for assessments; and WHEREAS, Proposition 218 would result in a tax increase to local governments since it would require public agencies (such as schools) to pay assessments; and WHEREAS, Proposition 218 would impose on local governments significantly increased costs to hold elections, calculate fees and assessments (often on a block -by -block or parcel -by- parcel basis), mail notices and ballots, and defend any fees and assessments in court; and WHEREAS, the constraints imposed by Proposition 218 will substantially impair local government's ability to provide important new infrastructure necessary to meet the needs of the public, to promote economic development, and to compete in a competitive marketplace. R -8597 Resolution No. 8597 (1996 Series) Page Two NOW, TEEREEFORE, BE rr RESOLVED, that the City Council of the City of San Luis Obispo hereby opposes Proposition 218 on the November 5, 1996, General election ballot. Upon motion of Council Member Smith, seconded by Council Member Romero, and on the following roll call vote: Ayes: Council Members Smith, Romero, Roalman, Williams and Mayor Settle Noes: None Absent: None The foregoing Resolution was adopted this 22nd ATTEST: ity Clerk Bo ie L Gawf APPROVED: day of October �� '- ' ze�_ Mayor Allen K. Settle CTROP218.CAR 1996. All RESOLUTION NO. 8596 (1996 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING THAT A 1646 SQ. FT. PORTION OF THE AMTRAK PARKING LOT IS SURPLUS LAND AND AUTHORIZING STAFF TO NEGOTIATE AN AGREEMENT FOR SALE OF THE PARCEL TO THE ADJACENT PROPERTY OWNER AT 1020 RAILROAD AVENUE. WHEREAS, the owners of the property at 1020 Railroad Avenue (Saro and Marco Rizzo) have requested the purchase of a 1646 sq. ft. strip of City-owned property adjacent to the parking lot serving the Amtrak Station and surrounding area, as shown on the attached "Exhibit A ", to accommodate the remodel and expansion of a restaurant, and WHEREAS, said property is not needed for the current or future use of the said parking lot, and WHEREAS, the Planning Commission has determined that disposal of the subject parcel is consistent with the City's General Plan and exempt from the California Environmental Quality Act, pursuant to its Resolution No. 5189 -96 adopted on August 14, 1996. NOW THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby determines that the subject 1646 sq. ft parcel is surplus land and authorizes the City Administrative Officer to execute an agreement to sell said parcel to the adjacent property owner at fair market value, to the satisfaction of the City Administrative Officer, City Attorney and Director of Public Works. R -8596 C �J Resolution No. 8596 (1996 Series) Page Two On motion of Council Member Romero , and seconded by Council Member Smith , and on the following roll call vote: AYES: Council Members Smith, Romero, Roalman, Williams and Mayor Settle NOES: None ABSENT: None the foregoing resolution was adopted on this 22nd day of October 1996. MAYOR Allen K. Settle ATTEST: rICLERK A I��i_14A APPROVED AS TO FORM: ey G. Jorgensen G: \... \caferoma.rep rv'd C ob�p DATE: November 27, 1996 TO: Bonnie Gawf, City Clerk FROM: Jerry Kenny, Supervising Civil Engineer SUBJECT: Sales agreement with Rizzo's (proposed C e Roma - 1020 Railroad Ave.) The attached original sales agreement is transmitted for your records. Although it was envisioned that this agreement would be recorded in the County Recorder's office, it was not notarized by the Rizzo's and, therefore, would need to be resigned, etc. However, Jeff Jorgensen said it does not need to be recorded. The agreement should probably be attached to the relevant City Council resolution, approved at the October 22, 1996 Council meeting. Attachment: original agreement ul: /,I: G:\ ... \stre ets\ri zzo ag r. C C A /� cL 2 199.,1 - . Ga-y CLE=RK SAN LUIS OC:S�Q CA I . p.6 13.73' 0, NJ6�5J'00 . w 5.0 04 8.86' 7p LO-f S36'53'0 0 °E 32.03' 0 PURCHASE AREA (1646 SO. FT) G'19'14-E S36'53 00 "E 5.46' . V S36753'00 -ev 71.67' At I BT I T 2 i c) ENGINEERING I PURCHASE AREA FROM AM DEVELOPMENT CITY OF SAN LUIS OBSIPO CAO REPORT TRANoMITTAL This form should be completed in legible handwriting. PURPOSE (Check one —see reverse side for required documentation) I 11 in Use — Admin Use Only — Authorize Invitation for Bids (IFB) or Request for Proposals (RFP) Re«=mcndra vendor Award Contract r- Arc there any special award circumstances? Yes 71 NO Ifyes, a CAO Report describing them should be attached Other Action Requiring CAO Approval See reverse side for description REQUEST SUMMARY Report Title 1 14 Specification No.' Department of: Ci Att e I Y Iattiat De ar ment I I De artme I d=l ITransmit l Da ?e Personnel inistra ive Offccr I Date' Financial Plan Reference [Budget i I Bid Estimate I Bid Amount I S IS IS All formal IFB or RFPpackages must be assigned specircation number by Finance before submitting t.,is form. APPROVALS (Check appropriate box if review is required —see reverse side for guidance) Department of: lFinamcc Department of: Ci Att e I Y Cit�Ea inccr IAssist t OWO Personnel inistra ive Offccr I Date' Routing till occur is the or der listed unless otherwise noted by the initialing deftft rtment� REVIEWER COMMENTS Attach additional DISTRIBUTION AFTER CAO APPROVAL In the case ofauthorization to invite bids (request proposals) or to award a contract, Administration will return the original package to Me initiating department and send -cop), of the report to Finance (ard to Public Forks if it is a constructio :, related project) after CAA approval. For all other CAO Rcport-i the itilriating department should indicate below the appropriate distribution after CAO approval: CAO REPORT DATE: November 20, 1996 FROM: Mike McCluskey, Director of Public Workswyy r - Prepared By: Jerry Kenny, Supervising Civil Engineer SUBJECT: Approval of property sale agreement with Rizzo's (1020 Railroad Avenue) DISCUSSION: The Council authorized staff to pursue an agreement with the Rizzo's at the 10 -22 -96 meeting to sell surplus land at 1020 Railroad Avenue. The resolution provides for you to approve such agreement, subject to receiving fair market value for the 1646 sq. ft to be sold. Staff received a copy of a letter to Saro Rizzo from John C. Hough (Broker /owner of "The Real Estate Group "), dated July 29, 1996 (attached), which estimated the value of the subject land at $ 10.00 per sq. ft. That would have equaled $ 12,100, based on dimensions of 11 ft. by 110 ft., or 12,100 sq. ft. However, the actual dimensions are 13 ft by 131 +/- ft., or, more exactly 1,646 sq. ft., per Rizzo's engineer (EDA). Staff agrees with the latter. Staff solicited a "value statement" from Hal Dill, a commercial property broker, whose expertise has been solicited by the City for other minor property value quotations, rather than soliciting a more "formal" appraisal. Mr. Dill estimated a value at $ 19,500, which equates to $ 11.85 per sq. ft. In a discussion with him, he indicated a compromise value would be $ 11.00 per sq. ft., or $ 18,106.00. Staff rounded the figure to $ 18,000. Due to the small size, shape and location of the strip, its value would probably be substantially lower, in staffs opinion, so this is considered to be a fair price. The attached agreement has been approved by Jeff Jorgensen and has been signed by the Rizzo's. If you concur, please sign and return it to me for completion via, an escrow. FISCAL IMPACT: City's General Fund will receive $ 18,000 as a result of the sale. Attachments: 1) J Hough letter (7- 29 -96) 2) Dill letter (9 -5 -96) 3) Sale agreement (executed by Rizzo's) 4) Council Report ( 10- 22 -96) c: MB/HB /file G: \...\Rail road \Agrememo. dun C RECORDING REQUESTED BY: Saro Rizzo WHEN RECORDED MAIL TO:. City Clerk 990 Palm Street San Luis Obispo, CA 93401 PURCHASE AND SALE AGREEMENT THIS PURCHASE AND SALE AGREEMENT constitutes an agreement by which the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California ( "SELLER" and/or "CITY ") agrees to sell, and SARO RIZZO and MARCO RIZZO ( "BUYERS "), agree to purchase that certain real property ( "property") legally described and shown on the attached "Exhibit A" and "Exhibit B" which are incorporated herein by reference. The terms and conditions of this AGREEMENT are as follows: Purchase and Sale. Seller agrees to sell to Buyers, and Buyers agree to purchase from Seller, the real property described in the above- referenced "Exhibit A" for the price of eighteen thousand dollars ($18,000.00). 2. Payment of Purchase Price. Buyers shall pay the purchase price in full upon transfer of the property as specified in this Agreement. 3. Lot Line Adjustment. The Buyers shall provide the necessary legal descriptions and shall process and finalize a Lot Line Adjustment with the City's Community Development Department, including associated fees (including Recording fees) to merge the subject parcel and Buyers' contiguous parcels of record into one parcel. Sale and Purchase Agreement (Rizzo) Page Two 4. Conditions of Title: Fee simple title to the subject property shall be conveyed to Buyers by grant deed, to be fully executed and acknowledged by Seller, subject to the following conditions of title: A. Matters affecting the conditions of title created by or with the consent of Buyers. B. Prior to transfer of the property, a preliminary title report showing the willingness of a title insurer to provide a policy of title insurance in the amount of the purchase price and showing title to the property vested in the name of the Buyers. 5. Costs and Expenses. The cost and expense of the title report and insurance policy to be issued in favor of the Buyers, as noted in paragraph 4.B, above, shall be paid by Buyers. The cost of drafting documents necessary to accomplish this transaction shall be borne by Buyers. Recording fees shall be borne by the Buyers. 6. Default. Seller agrees that if this sale is not completed due to the fault of Seller, Buyers may, at their option, terminate this Agreement without any liability. Buyers shall not be entitled to recover any of its out. of pocket expenses. 7.Notices. All notices or other communication required or permitted shall be in writing, and will be personally delivered or sent by registered mail, return receipt requested, at the following addresses: Buyers: Saro G. and Marco Rizzo Post Office Box 2178 Avila Beach, CA 93424 Seller: City of San Luis Obispo Attention: Michael D. McCluskey 955 Morro St. San Luis Obispo, CA 93401 Purchase and Sale Agreement (Rizzo) Page Three Notice shall be deemed given as of the time of personal delivery or forty-eight (48) hours following deposit in the United States Mail. Notice of change of address shall be given by written notice. 8. Seller's Representations and Warranties. In addition to any express agree- ments of Seller contained herein, the following constitute representations and warranties of Seller which shall be true and correct as of the transfer of title, the truth and accuracy of which will constitute a condition to the Buyers accepting the transfer of title: (1) There are no actions, suits, claims, legal proceedings or any other proceedings affecting the Property or any portion thereof at law or in equity before any Court or governmental agency, domestic or foreign. (2) Seller has not received any notices from governmental authorities pertaining to violations of law or governmental regulations with respect to the Property. (3) Seller has no knowledge of any pending or threatened proceeding in eminent domain or otherwise by any public entity which would affect the Property, or any portion thereof, nor does Seller know the existence of any facts which might give rise to such action or proceedings. (4) There are no liens or encumbrances on or claims to, or covenants, conditions and restrictions, easements, rights of way, rights of first refusal, options to purchase, or other matters affecting the Property except those previously disclosed and any rights conferred to Buyer by this Agreement. (5) There is no material adverse fact or condition relating to the Property, or any portion thereof ( including the existence of any underground tanks or hazardous material) of which the Seller is aware. The Buyer agrees to accept the Property in its existing condition, without warranty whatsoever. Purchase and Sale Agreement (Rizzo) Page Four (6) Seller has the legal power, right and authority to enter into this agreement, and to consummate the transaction contemplated hereby. (7) There are no fixtures on the property in which anyone other than Seller has any claim, rights, or security or other interest. (8) There are no service or maintenance contracts, management agreements or any other agreements which will affect Buyer or the property subsequent to the transfer of title. (9) In the event that, during the period between the execution of this Agreement, and the transfer of title, Seller has actual knowledge of, learns of, or has a reason to believe that any of the above representations or warranties may cease to be true, Seller hereby covenants to immediately give notice to Buyer of the change in circumstances. Upon Seller notifying Buyer of the change in circumstances Buyer may terminate this agreement, and all funds delivered to Seller in connection herewith shall be immediately returned. (10) Use of Property - Indemnification. Upon transfer of the Property, Buyer hereby agrees to defend, indemnify, protect and hold the City and its agents, officers, and employees harmless from and against any claims asserted or liability established for damages or injuries to any person or property occurring on the Property which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the City with respect to operation of an intermodal facility (parking lot and related matters) on adjacent property and all expenses of investigation and defending against same; prcvided, however, that Buyer's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole active negligence or willful misconduct of the City, its agents, officers, or employees. (11) Survival of Conditions. The covenants, agreements, representations and warranties made in this Agreement shall survive the recordation and delivery of the Grant Deed conveying the Property. to Buyer. G G Purchase and Sale Agreement (Rizzo) Page Five (12) Successors and Assigns. The Agreement shall be binding upon, and shall inure to the benefit of, the successors, heirs, and assigns of the parties hereto. (13) Required Action of Buyer and Seller. Buyer and Seller agree to execute all such instruments and documents and to take all actions pursuant to the provisions hereof in order to consummate the purchase and sale herein contemplated and shall use their best efforts to accomplish the timely Transfer of Title in accordance with the provisions hereof THIS AGREEMENT IS VALID FOR A PERIOD OF SIX- (6) MONTHS FROM THE DATE OF THIS AGREEMENT, UNLESS AN EXTENSION IS GRANTED BY SELLER, AT ITS DISCRETION. (14) Entire Agreement. This Agreement contains the entire agreement between the parties hereto relating to the Property, and may not be modified except by an instrument in writing signed by the parties hereto. (15) 'Approvals. Whenever an approval is required under this Agreement, such approval shall be construed as "reasonable approval." IN WITNESS WHEREOF, the parties her!tp have executed the Agreement in duplicate originals on this iC,(p day of ,nY�— , 1996. SELLER: CITY OF SAN UIS OBISPO John Dunn " City Administrative Officer ATTEST`. , n, e n; F 1. 11 VdQ g:\ ... Vai I road \ri zzo . ag r FA EXHIBIT A LEGAL DESCRIPTION A. portion of lots 3, 4 and 5 of Block 182 of the Ingleside Homestead Tract in the City of San Luis Obispo, County of San Luis Obispo, State of California as shown on map filed in Book A of Maps at Page 132 granted from A. T. Mason to Southern Pacific Railroad Company in deed recorded November 21, 1990 in Book 11 of Deeds at Page 1 in the recorder's office of said county described as follows: Beginning at the most westerly corner of Lot 3 of said block 182, said point also being on the southeasterly right -of -way line of Church Street (being 60 feet wide); thence South 36° 53' East 54.00 feet to the northwesterly line of said Southern Pacific Railroad right -of- way line being parallel and 150 feet from the centerline of the Southern Pacific right -of -way and the northwesterly line of depot grounds as described in deed to Southern Pacific Railroad Company recorded November 21, 1990 in Book 11 of Deeds at. Page 1, said point being the true point of beginning: thence 1) North 28° 49' 57" East along said railroad right -of -way line a distance of 131.32 feet more or less to intersect the southeasterly right -of -way line of Church Street, said point being distant thereon North 53* 07' 00" East 21.00 feet from the southwesterly corner of Lot 5; thence at right angles 2) South 36* 53' 00" East 13.73 feet; thence 3) South 28 ° 46' 37" West 125.40 feet; thence 4) South 50 ° 19' 14" West 5.46 feet to the southwesterly line of said lot 3; thence 5) North 35 o 53' West along the southwesterly line of said Lot 3 a distance of 11.67 feet to the northwesterly line of depot grounds as described in said deed to Southern Pacific Railroad Company and the true point of beginning. The above described parcel contains 1646 square feet. The above described parcel is graphically shown on Exhibit "B" attached hereto and made a part hereof by reference. i. N qz) EXHIBIT B c O- 4 0 32.03' A) ko O UN 615j,00T 54.00' PURCHASE AIR454' (1646 SO. FT) Nq .LOT 2 A N\ ENGINEERING PURCHASE. AREA FROM DEVELOPMENT C17-Y OF SAN LUIS 08SIP0 ASSOCIATES SCALE 10-20' ENGINEERING LAND SURVEYING PROJECT ADMINISTRATION V" 5.46, iZIA Nq .LOT 2 A N\ ENGINEERING PURCHASE. AREA FROM DEVELOPMENT C17-Y OF SAN LUIS 08SIP0 ASSOCIATES SCALE 10-20' ENGINEERING LAND SURVEYING PROJECT ADMINISTRATION C� RESOLUTION NO. 8595 (1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF APPLICATIONS WITH THE FEDERAL TRANSIT ADMINISTRATION, AN OPERATING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF TRANSPORTATION, FOR FEDERAL TRANSPORTATION ASSISTANCE AUTHORIZED BY 49 U.S.C. CHAPTER 53, TITLE 23 UNITED STATES CODE, AND OTHER FEDERAL STATUTES ADMINISTERED BY THE FED_ ERAL TRANSIT ADMINISTRATION WHEREAS, the Federal Transportation Administrator has been delegated authority to award Federal financial assistance for a transportation project; WHEREAS, the grant for Federal financial assistance will impose certain obligations upon the City of San Luis Obispo, and may require the City of San Luis Obispo to provide the local share of the project cost, WHEREAS; the City of San Luis Obispo has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: The City of San Luis Obispo is the Designated Recipient as defined by 49 U.S.C. 5307(a)(2) and that the Public Works Director is authorized to execute and file an application for Federal assistance on behalf of the City of San Luis Obispo with the Federal Transit Administration for Federal assistance authorized by 49 U.S.C. chapter 53, Title 23, United States Code, or other Federal statutes authorizing a project administered by the Federal Transit Administration. 2. The Public Works Director is authorized to execute and file with its applications the annual certifications and assurances and other documents the Federal Transportation Administration requires before awarding a Federal assistance grant. 3. The Public Works Director is authorized to execute grant agreements with the Federal Transit Administration on behalf of the City of San Luis Obispo. Upon motion of -vice Mayor Williams ,seconded by Council Member Romero and on the following roll call vote: AYES: Council Members Williams, Romero, Smith, Roalman and Mayor Settle'' NOES: None ABSENT: None R -8595 i Resolution No. 8595 (1996 Series) Filing of Applications with the Federal Transit Administration Page 2 the foregoing resolution was adopted this 22nd . day of October 1996. ATTESTED: ' Clerk Bonn' APPROVED: i ttom %^ r i FTA PROGRAM OF PROJECTS PROJECT BUDGET-FY-97 APPROVAL DATE: 1996 Apportionment: $ Previous Years Surplus: $600,000 GRANTEE: City of San Luis Obispo - SLO Transit PROJECT NO: BUDGET NO: FEDERAL AMOUNT TOTAL AMOUNT SCOPE 113 -01 Bus - Stations /Stops/Terminals ACTIVITY 11.33.10 Construct Passenger Amenities TOTAL CAPITAL SCOPE 300 -90 Operating Assistance ACTIVITY 30.90.00 Operating Assistance for the period July 1, 1996 thru June 30, 1997 TOTAL ESTIMATED NET PROJECT COST FEDERAL SHARE LOCAL SHARE 20,000 25,000 20;000 25,000 455,000 1,301,000 475,000 1,3269000 $1,326,000 $475,000 $851,000 � o a � �� � G, �� U , ��. w J�jf}��l RESOLUTION NO. 8594 (1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 1996 -97 ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS TOTALING $929,940 WHEREAS, the San Luis Obispo Council of Governments ( "SLOCOG ") has apportioned $929,940 of Transportation Development Act subventions ($872,310 from the Local Transportation Fund and $57,630 from the State Transit Assistance Fund) to the City of San Luis Obispo for approved transportation programs and projects; and WHEREAS, to receive this money the City of San Luis Obispo must file a claim with SLOCOG; NOW, THEREFORE, BE IT .RESOLVED by the City Council of the City of San Luis Obispo as follows: to approve the 1996 -97 Annual Claim for Local Transportation Funds and State Transit Assistance Funds; 2. to authorize the Public Works Director to execute the claim documents; 3. to direct the City Clerk to forward the annual claim plus one certified copy of this resolution to: San Luis Obispo Council of Governments 1150 Osos Street, Suite 202 San Luis Obispo, CA 93401 Upon motion of Vice Mayor Williams seconded by Council.Member Romero and on the following roll call vote: AYES: Council Members Williams, Romero, Smith ;. :.Roalman -7 and Mayor Settle NOES: None ABSENT: None R -8594 Resolution No. 8594 (1996 Series) 1996 -97 Annual Claim for Local Transportation Funds and State Transit Assistance Funds Page 2 the foregoing resolution was adopted this 22nd day of October 1996. ATTESTED: ty o ITEM 1 . ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS CLAIM #SLO -967- I FISCAL YEAR 1996197 TO: SAN LUIS OBISPO COUNCIL OF GOVERNMENTS 1 1 50 OSOS STREET, SUITE 202 SAN Luis OBISPO, CA 93401 FROM: CLAIMANT: CITY OF SAN LUIS OBISPO ADDRESS: 955 MORRO STREET CITY: SAN LUIS OBISPO ZIP CODE: 93401 CONTACT: HARRY WATSON, TRANSIT MGR PHONE: 78 1 -71 21 THIS CLAIMANT, QUALIFIED PURSUANT TO SECTION 99203 OF THE PUBLIC UTILITIES CODE, HEREBY REQUESTS, IN ACCORDANCE WITH CHAPTER 1400, STATUTES OF 197 1, AS AMENDED AND APPLICABLE RULES AND REGULATIONS, THAT AN ALLOCATION BE MADE FOR THE PURPOSES AND IN THE RESPECTIVE AMOUNTS AS DESCRIBED IN THE ATTACHED PROJECT AND FINANCIAL PLAN CLAIM FORM. A) ANNUAL (LTF) APPORTIONMENT $ 872,310 B) ANNUAL (STA) FUNDS $ 57,630 1) OPERATOR REVENUES $ 7,461 2) APPORTIONMENT $ 50,169 TOTAL FUNDS BEING CLAIMED ARE: $ 929,940 cst CLAIMANT SIGNATURr- -'-�� %� L� TITLE: Public Works Director DATE: 0,4 THIS CLAIM WAS CONDITIONALLY APPROVED BY THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS AT A MEETING ON JUNE 5, 1996, BY RESOLUTION NO. 96- 10. RONALD L. DE CARLI, EXECUTIVE DIRECTOR C:4wLwHtywamrow\TDA2e7\ct KSLO.0e7 DATE ITEM 2. CERTIFICATIONS ' CITY OF SAN LUIS OBISPO TRANSPORTATION DEVELOPMENT ACT CLAIM FY 1996/97 BY SIGNING BELOW, THE AUTHORIZED OFFICIAL CERTIFIES COMPLIANCE WITH ALL OF THE REQUIRED TDA CERTIFICATIONS (THOSE MARKED BY AN X). x I . VERIFICATION THE PROPOSED EXPENDITURES ARE IN CONFORMITY WITH THE REGIONAL TRANSPORTATION PLAN (CCR § 665 1). X 2. FULL USE IS BEING MADE OF FEDERAL FUNDS AVAILABLE UNDER THE URBAN MASS TRANSPORTATION ACT AND INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT FOR TRANSPORTATION PURPOSES (CCR § 6754). X 3. COMPLIANCE WILL BE MAINTAINED WITH THE ADOPTED BUS TRANSFER PASS POLICY. (PUC § 99282). X 4. COMPLIANCE WILL BE. .MAINTAINED WITH THE LAW THAT REQUIRES EQUIVELANT REDUCED TRANSIT FARES AND IDENTIFICATION CARDS FOR SENIOR CITIZENS AND DISABLED PERSONS. X 5. THE TRANSIT SYSTEM OPERATOR DOES NOT ROUTINELY STAFF A TRANSIT VEHICLE DESIGNED TO BE OPERATED BY ONE PERSON WITH TWO OR MORE PERSONS (PUC § 99264); OR IS NOT PRECLUDED BY CONTRACT FROM EMPLOYING PART TIME DRIVERS OR FROM CONTRACTING WITH COMMON CARRIERS OF PERSONS OPERATING UNDER A FRANCHISE OR LICENSE (CCR § 6754). 6. EXISTING AND PROJECTED FAREBOX RATIOS ARE AS LISTED BELOW, AND MEET THE MINIMUM FARE REVENUE REQUIREMENTS FOR BOTH LTF AND STA MONIES (20% APPLIES TO SLO TRANSIT). A. FISCAL YEAR 1995/96 FAREBOX RATIO 26 /o O B. PROJECTED FISCAL YEAR 1996/97 FAREBOX RATIO X- 7. THE TRANSIT SYSTEM WILL NOT RECEIVE TDA FUNDS IN EXCESS OF OPERATING COSTS ACCORDING TO THE FOLLOWING ELIGIBILITY FUND TEST (CCR § 6634, 6754). ESTIMATED 1996/97 OPERATING COSTS !LESS DEPRECIATION, AMORTIZATION, VEHICLE LEASE COSTS, AND THE COSTS OF PROVIDING SERVICES PURUANT TO THE ADA NET OPERATING COSTS LESS AMOUNT OF FARE REVENUES REQUIRED TO MEET YOUR MINIMUM FAREBOX REVENUE MAXIMUM AMOUNT RECEIVABLE FOR TRANSIT SYSTEM 1:301.000 1-9,6,600 1,.904,40x:. 220,900 883,580• - J NIA '8. COMPLIANCE WITH GENERAL PURPOSE PARATRANSIT VEHICLES (GPPV) INSPECTION AND DRIVER CERTIFICATION REQUIREMENTS PER CCR § 1 201 THROUGH 1 208. x 9. THE FOLLOWING CONDITIONS PLACED UPON THE CLAIM BY ACTION OF THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS WILL BE MET IN A TIMELY FASHION, INCLUDING THE FOLLOWING: !. ,1 A. PRIOR TO DISBURSEMENT OF FUNDS, QUARTERLY TRANSIT OPERATING DATA WILL BE SUBMITTED TO THE COUNCIL OF GOVERNMENTS. B. IMPROVEMENTS REQUIRED IN THE COUNCIL OF GOVERNMENTS BUS STOP POLICY WILL BE PROGRAMMED OR IMPLEMENTED /F APPLICABLE. C. PROGRAM OR IMPLEMENT SERVICES TO MEET ALL UNMET TRANSIT NEEDS PER THE ADOPTED 1996 SLOCOG RESOLUTION IF APPLICABLE. 10. PRIOR TO DISBURSEMENT OF ANY TDA FUNDS, THE FOLLOWING DOCUMENTS WILL BE SUBMITTED: A. THIS CLAIM FOR FUNDS WILL BE SUBMITTED TO SLOCOG; AND. B. A STATE CONTROLLERS REPORT OF' FINANCIAL TRANSACTIONS (LGFA) WILL BE .SUBMITTED TO THE STATE" CONTROLLERS OFFICE AND TO SLOCOG (BY SEPTEMBER 30); AND C. THREE COPIES OF A CERTIFIED FISCAL AUDIT OF ALL TDA FUNDS RECEIVED THE PRIOR FISCAL YEAR WILL BE SUBMITTED TO SLOCOG (BY DECEMBER 3 1 FOR 2ND QUARTER PAYMENT). THE FISCAL AUDIT WILL INCLUDE A DETERMINATION OF ELIGIBILITY OF FUNDS PER PUC § 993 14.6 AND CCR § 6634. C D�ZS� SIGNATURE OF AUTHORIZED OFFICIAL DATE CERTIFYING COMPLIANCE CITY OF SAN LUIS OBISPO ITEM 3. ANNUAL PROJECT AND FINANCIAL PLAN - 1996/97 PROPOSED USE AUTHORITY SLORTA SYSTEM - JURISDICTIONAL LTF ART. 4 SHARE OF REGIONAL TRANSIT SEC. 99260 UNDER AUTHORITY OF JPA TOTAL TRANSIT JPA 2% BIKE/PEDESTRIAN WAYS PROJECTS LTF ART.8 AND BICYCLE SAFETY EDUCATION SEC. 99234 SLID TRANSIT - A. LOCAL FIXED LTF ART. 4 ROUTE SYSTEM SEC. 99260 Transportation Assistant; LTF ART. 8 (a) Position, for Pedestrian SEC. 99400 &._Bikeway. Projects, .. I TDA AUDIT COST LTF ART. 3 REIMBURSEMENT SEC. 99245 TOTAL LTF RECEIVE SLO TRANSIT - A LOCAL FIXED ROUTE SYSTEM SLO TRANSIT - A LOCAL FIXED .ROUTE SYSTEM .Y STA ART. 5.5 SEC. 99314 STA ART. 6.5 SEC. 99313 TOTAL STA RECEIVED DIRECTLY TOTAL LTF FUNDS TOTAL STA FUNDS TOTAL TDA FUNDS *AMOUNTS TO BE DETERMINED BY CLAIMANT. SUBJECT TO FINAL APPROVAL BASED ON AUDIT FINDING. AMOUNT 281.161 281,161 1 7, 446 •550, 503 • 21.,950 1,250 591, 149 7,461 50,169 57,630 872,310 57.630 929,940 O.K. rI'EM 5 M 1996 -97 Transportation Budget for Programs and Projects Using TDA Apportionments Revenues: Federal Transit Administration Grants $475,000 TDA/LTF Allocation for Transit 608,100 TDA /STAF Allocation for Transit 57,600 TDA/LTF Allocation for Pedestrian/Bikeway Program Administration 22,000 TDA/LTF Allocation for Pedestrian/Bikeway Promotion and Education 17,400 Cash Fares and Pass Sales 96,800 Cal Poly In -lieu Fare Contribution 125,000 Other Revenue 2.600 $1,404,500 Expenditures: SLO Transit Direct Administration 96,400 SLO Transit Indirect Administration 188,600 SLO Transit Contract Operations 1,015;800 SLO Transit Capital 25,000 SLO Transit Capital Reserve 39,300 Pedestrian/Bikeway Program Administration 22,000 Pedestrian/Bikeway Promotion and Education -17,400 $1,404,500 Note: The City has applied for $475,000 in federal grants, with only a slim chance of receiving that full amount. The actual amount will more likely be about $200,000. In that case, there will be no need for the transit capital reserve of $39,300. I rITM 6 1995 -96 Estimated Transportation Revenues and Expenditures for Programs and Projects Using TDA Apportionments Revenues: Federal Transit Administration Grants $462,300 TDA/LTF Allocation for Transit 476,400 TDAISTAF Allocation for Transit 55,800 TDA/LTF Allocation for PedestrianBikeway Promotion and Education 16,500 Cash Fares and Pass Sales 102,100 Cal Poly In -lieu Fare Contribution 229,400 Other Revenue 8.200 $1,350,700 Expenditures: SLO Transit Direct Administration 99,100 SLO Transit Indirect Administration 183,100 SLO Transit Contract Operations 978,700 SLO Transit Capital 45,500 Pedestrian/Bikeway Program Administration 22,000 Pedestrian/Bikeway Promotion and Education 16,500 $1,344,900 ITEM 7 Actions to Comply with 1994 -95 Fiscal Audit Recommendations The fiscal audit for 1994 -95 noted that when SLO Transit began receiving federal operating assistance in 1993 -94 and 1994 -95, this additional revenue created an unanticipated excess of revenue over expense. Because of this excess, SLO Transit was not eligible to receive a portion of its TDA allocation, and the ineligible portion was classified as deferred revenue. The audit recommended "that the City more closely monitor the mix of funding requested and its eligibility for TDA funds . . . ." In response to this recommendation, the City prepared a spreadsheet which closely matches revenue received to specific programs and projects. This spreadsheet is periodically reviewed and updated to reflect chan ging revenue projections and estimated program and project costs. Significant reductions expected in federal operating assistance starting in 1996 -97 should prevent this situation from recurring and should also immediately exhaust any remaining deferred revenue. ftEM S Actions to Comply with 1991 -92 to 1994 -95 Performance Audit Recommendations Because the performance audit was not completed until September 1996, the City has not had time to respond to the audit recommendations. ITEM 9 Identification of Substantial Changes to Programs and Projects. The 1996 -97 transit operating budget is 3 percent higher than actual transit operating cost in 1995 -96.. Because of potential significant reductions in federal operating assistance starting in 1996 -97, there may be corresponding decreases in the scope of operations and deferrals of previously budgeted capital projects. The extent of these decreases and deferrals will not be known until disposition of the City's pending application for federal transit assistance. SEP -04 -96 WED 04:30 PM MCS SLO U832 18055442916 DEPAHTYENT OF CALIFORNIA HIGHWAY PAMM �' TRANSIT OPERATOR COMPLIA...oE CERTIFICATE .� CAP'339 (tav 7.90 )QPI o62 , TAAN R OPEMTOA NA616 - l� l i a/.f � - P.01 I 1 •� i oC i CITY ZIP Ooce OOUNTY -SAN •�r iS �Qi�i�v '?3 410 This isto certitythat the above named transit operatotwas ins on this date and found to be in compliance with California Vehicta Cod, 1809:1, regarding participation in the Department of Motor Vehicles Pull Notice Program, and with Section 12804.6, regarding transrk bus certificates. MED AY LM NULtaEA DATE Destroy previous aditions, e n f V •I SEP -04 -96 WED 04:31 PM MCS SLO 8632 16055442916 P.02 tLg4 *MEMr OP CALIFORNIA HIOHWAY PATROL INSPECTION LOCATION (NUMBER, STREET, CnY OR 00UNTV) TrLSPNONE Ml1MHER AR " SAFETY COMPLIANCE REPORTS MOTOR CARRIER SAFETY OPERATIONS CAR ER TYPE I 000E CAR IERREPRE NTATIVEaNAMEANDTITLE .4 CHP 343 (Rev 2-91) OP1062 /S.i�dC� ,nj U.iw /✓% I �� FLEET AND EMERGENCY RESOURCE INFORMATION HM Tic. No. HWH Rea. No. IMS Lio. No. PUC NUIAEFEA Exo. date Exp, date Ex p. date TRUCKS AND TYPES TRAILERS AND TYPES BUSES BY TYPE REO: C.T. HW. VER HW CONT. DRIVERS SHOP FUEL SU&AREA CRP 346 , RRSTIUSP. a CHP Iwo ,/ GAS ,� DIESEL LPG NUMBER ISSUED THIS YEAR COLUMN WO. ` Yes ❑ No ❑ Yea U No ❑ Yes 0 No ❑ Yes ErNo ❑ IJ Yas ❑ No ❑ Yes Eh w INSPECTION RATINGS: S 6 Satisfactory U = Unsatlateclory C -2 Condittonal UR o Unrated MAINTENANCE PROGRAM DRIVER_ RECORDS REGULATED EOUIPUFNT HAZARDOUS MATERIALS TERMINAL ` . I'S S 3 S 4 'S t .S 2 S 3 4 'S 1 S 2 3 4 S 1 2 4 7 -S 2 s 3 'S 4 S TIME TIMEN TIMEOUT S' No. rune jo.. No. 16 Time 1,5- . No. rune 1/1 U � 7!%t� CONTAINERS/TANKS VAPOR RECOVERY SYS. MIBTER CATEGORY y/ % ❑Carder Time Tested��CerL ❑Terminal ❑ Both JFDAT9CFELA3T, 62 i REQM*TS. VIOL. REMARKS MAIN- TENANCE P€�• rp.t 42 PROGRAM DRIVER ` RECORDS DRIVER HOURS J BRAKES m J ;c SIGNALS CONNECTING DEVICES STEERWG b r /�41, O / SUSPENSION TIRES 6 ,N WHEELS EOUIPMENT 2 T/ Oa I. REOMTS. �J CONTAINERS/ , TANKS HAZARDOUS WsPCCTEO By -- LD. NUMBEa SUSPENSti DATE A �y AUTO tN MATERIALS �J /.LJ ZZ : MOTOR CARRIER CERTIF1CAT10N . 1 hereby ce* that all violations described hereon and recorded on attached vehfote'inspectlon reports (pages T through ), will be oortecfed in accordance w17h /icable provisions of the Callfomla Vehicle Code and the CaliforWa Code of R ulatmns. An unsatisfactory rated caRiBr who believes the rating is not justified, may, w)thin five calendar days of the rating, oontactthe Motor Carrier Safer UnR Supervisor at — obtain areviewoltheratin andano rttrni tores dtoth`re fit CU ENT TERMINAL RATING TU AND T TLE J 7 ! I Jr ermsRa I� i SEP -04 -96 WED 04:32 PM MCS SLO U932 i I 18055442916 P.03 DEPARTMENTOF CALIFORNIA NAiNWAYPATROL VEMCLFJEQUIPMT INSPECTION REPORT MOTOR CARRIER SAFETY OPERATIONS CHP 343A (Rev 441 OPI 062 CARRIER TNAMEORTENUMLFLECONTAOtAQAf alR J --- -- _U - _ PARE - OF INSPECTION ADDRESS - -- T CRY OR COUNTY DA CIRCLE T lOr TraUer TNOk- , sI, Dopy MAKE EQUIPMENTNAWR T io/ LLIICENSENUMBER 7 3 YW /c CS 05 dTl6� 000METS TYKP4 VAO E, Tracoor Trailer Trqck .. _ _Bua Dolly> MAKE EOUIPMENTNUMBER. LICENSE NUMBER YIN ODOMETER �68p TYPER� tl� TANWCMAWERMAKE SPECJTYPE SERIAL NUMBERNNIT.NUMBER CTNUMBER VRB D Cordfiea_ D eit •; " CERTIFICATE TYPE CERTIFICATE NUMBER 22-9 cl 7S 7 DATE ISSUED REWSPECTION DATE ODOMETER •'K' skenoN 13 c CAL 2E 119 — D •� (� I I ' I CIRCLEONE- TraHer Truck eu Co '- I_ifj EOUIPMENTNUMBER LICE NUMBER - - % VIN - - GC q SFi l ODOMETER I b TYPEFUQ CIRCLE ONE Traotor Tracer T Bus do , MAKE EQUIPMENT NUMBER LICENSE NUMBER VIN ODOMETER TYPE PiI; TAW.GONTAWERMAKE "- - - - _ r - -- SPECATYPE SERIAL NUMSEWUNITNUMBER CT NUMBER - VR-s ❑ Certlfled � �eb�t � CERTIFICATETYPE - _ " -� - CERTIFICATE NUMBER DATE ISSUED RE WSPECTION DATE - - - OODUMA I SECTION _ e i 6 SEO -04 -96 WE'D 04:32 PM MCS SLO $832 18055442916 cErARrnEisTOFCR�iuworiwAV .PAViSX .... __ VMCLEJEQU"ENT INSPECTION REP&T MOTOR CARRIERR fAFETY OPERATIONS CHP 343A ROV 4 -91) OP1062 CARRIER p"kE DA TEAMAM FLE CONTROL p&WkiY 1 eLSaEOTwNADDaese - Cm OR COUNTY _ OAT ' Goc�cOryE MAIM EWIPM NTNUMBER NSE.NUMBER VIN .- ODOMETER for 92b(r ' j 7, s%� 2 9 67 Trurlt Do 1 IJ y MAKE EOUIPMENT NUMBER LICENSE NUMBER VIN 0�7 CIRCLE ONE Tractor Tmaer Tnxk 1 -bus DO TANKrCONTAINERMAKE - PE SERIALNUMBEAKNIrNUMBER CTNUMBEA — YRS — O Certdied ❑ � TYPE ' 71 REIN9PECTION DATE . - ..__.__- - ODOMETER � gTF��'U�MB(E� - )- SECTION 4 S - I r Pat Fitt :r¢ ,{ (1. .vh I _ h _ I i I I ONE T CDOt Trager Truck M � MAKE EQUIPMENT NUMBER 1131 I WCENSE NUMBER 799,156 VW �i . �S? OOOMETE oa �[z9l TYPfi lWKFUR *' Tractor Tra17er Truck _.i _Bus_ Dogy MAKE _ EOUIPYENTNUMBEA UCENSENUNBER V COOMETEH TANWOONGYIERMAKE "- - I -r 429SA APE ;�, -- SERIAL NUWBERNNITNUMBER CTNUMBER - AS ❑ C6111 � • Shed �: CERTF LATE TYPE CERTIFICATE NUMBER DATE ISSUED REINSPECTION DATE• OOOMBTfA - '' SECTION -- I I i I NSPECTEO lay J __J�VJll�N LO. NUMBER I - /_Sl3 Use preNOus edldons until depleted. _ us ITEM I I. TRANSIT OPERATING DATA TRANSIT SYSTEM NAME SAN LUIS OBISPO TRANSIT F/1(: 1995/96 (FROM 7/1/95 - 6/30/96) FARE REVENUE OPERATING COSTS $ Abrtiw, $ CONTRA= 134,270 959.910 TOTAL PASSENGERS # LIFT DEPLOTE6: # Now Um. 6,672 1,016,513 VEHICLE SERVICE HOURS 29.405 VEHICLE SERVICE MILES 320,629 EMPLOYEE PAY HOURS NUMBER OF TRIPS #ToTAL TRIPS: , # ON- 11METRIPS: 30,156 30,089 NUMBER OF FORMAL # COMPUMENTS: 23 # COMPLAINTS: 21 COMMENTS NUMBER OF ACCIDENTS 7 NUMBER OF MECHANICAL FAILURES 56 . MAINTENANCE COSTS : VEr+ICLE: CTMER:. 1.311,988 N/A CAPITAL COSTS 20,000 ITEM 12 Requirement to Establish a Capital Reserve Account Because of expected significant reductions in federal operating assistance, the City will probably be eligible to use almost all of its 1996 -97 TDA allocation plus any deferred TDA revenue for operations. Consequently, there should be no need to establish a capital reserve account. �v� 'L"" r � �, 1 ,�G �'�I' � :; l U � -�'"'� ,� __ �. r �, P�� � E,�- ��� i �. �, RESOLUTION NO. 8593 (1996 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR THE EL CAPITAN ANNEXATION AT 850 EL CAPPTAN (SLO COUNTY ANNEXATION #45) (CITY FILE # ANNEX 46-96) VVIIEREAS, 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 that each local agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated exchange of property tax revenues, if any, and annual tax increment and requires that each local agency transmit a copy of each such resolution to the Executive Officer of the Local Agency Formation Commission; and WHEREAS, no later than the date on which the certificate of completion of the jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the County Auditor of the exchange of property tax revenues by transmitting a copy of said resolution to him and the County Auditor shall therefore make the appropriate adjustments as required by law; and WHEREAS, the negotiations have taken place concerning the transfer of property tax revenues and annual tax increment between the County of San Luis Obispo and the City of San R -8593 K 8593 Resolution No. (1996 Series) Page 2 San Luis Obispo pursuant to Section 99(b) for the jurisdictional change designated as Annexation No. 45 to the City of San Luis Obispo (El Capitan Annexation); and WHEREAS, the negotiating parties, to wit: Paul Hood, Principal Administrative Analyst; County of San Luis Obispo, and Ken Hampian, Assistant City Administrative Officer, have negotiated the exchange of property tax revenue and annual tax increment between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated' exchange of property tax revenues and annual tax increment be consummated. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. That the recitals set forth above are true, correct, and valid. 2. That the City of San Luis Obispo agrees to accept the following negotiated exchange of property tax revenues and annual tax increment: (a) No base property tax revenue shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo. (b) Annual tax increment in an amount to be determined by the County Auditor, based upon the following percentage agreed to by the negotiating parties, 9.96809 percent, shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo in the fiscal year 1997 -98 and each fiscal year thereafter. 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. t 8593 Resolution No. (1996 Series) Page 3 4. That the City Clerk is authorized and directed to transmit a certified copy of the resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law. On motion of Council Member Romero Seconded by Vice Mayor Williams _, and on the following roll call vote: AYES: Council Members Romero; Williams, Roalman, Smith and Mayor Settle NOES: None ABSENT: None the foregoing resolution was , g g , passed and adopted this nn., y of. October 1996. ATTEST: APPROVED: Mayor Allen K. Settle n RESOLUTION NO. 8592(1996 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING A BUILDING AS SURPLUS PROPERTY WHEREAS, the City has acquired the property at 860 Pacific Street for expansion of downtown parking, and; WHEREAS, the Cultural Heritage Committee has considered the merits of the building and found the house does not meet the criteria for historically significant buildings, and; WHEREAS, the Community Development Department has reviewed the proposed removal of the building and has determined there would be no significant environmental impact. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby declares: SECTION 1. The building at 860 Pacific Street as shown in Exhibit A is surplus property. SECTION 2. That the removal of the building at 860 Pacific Street .is categorically exempt from the provisions of the California Environmental Quality Act (Section 15301), because removal of the building will not pose a risk to the public, surrounding property, or to natural resources, and the City's Cultural Heritage Committee has determined that the building is not culturally, historically, or architecturally significant: J SECTION 3. Disposal of the building shall be made by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. Upon motion ofCouncil Member Romerogeconded by vice Mayor Williams and on the following roll call vote: AYES: Council Members Romero, Williams and Mayor Settle NOES: Council Member Roalman ABSENT: Council Member Smith (not participating) the foregoing resolution was adopted this 22nd day of October 1996. 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