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HomeMy WebLinkAbout8400-8407RESOLUTION NO3 4 0 X1995 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO IN MEMORY OF MR. WAYNE WILLIAMS AND EXPRESSING APPRECIATION FOR WAYNE'S DEDICATION AND SERVICE TO THE COMMUNITY IN THE PROMOTION OF BICYCLING WHEREAS, Wayne William was appointed the City's first Ad Hoc Bicycle Committee in 1991 in recognition of his expertise and long- standing advocacy for bicycling as a form of recreation and transportation; and WHEREAS, Wayne worked long and hard with the Bicycle Committee to develop a master plan for bicycling in San Luis Obispo — a plan that was adopted by the City Council and is now being carried out; and WHEREAS, Wayne was appointed to the City's permanent Bicycle Committee in 1994 and continued to contribute insight and enthusiasm to the Committee's work and to the pursuit of improved bicycle transportation; and WHEREAS, Wayne was an inspiration to all by showing us that bicycling can be a life- positive activity for all ages; and WHEREAS, on March 30, 1995 on a bicycle ride to Morro Bay, accompanied by friends and fellow members of the San Luis Obispo Bicycle Club, Wayne was injured and shortly thereafter passed from this life at the age of 73; and WHEREAS, community members involved with bicycling, City Bicycle Committee members, City staff and those that met Wayne will miss his wit, enthusiasm and happy spirit, and his strong advocacy for safer and more convenient bicycling opportunities. NOW THEREFORE BE IT RESOLVED BY the Council of the City of San Luis Obispo as follows: The City Council publicly expresses it appreciation for the long- standing community service of Mr. Wayne Williams and offers condolences to family and friends for their loss. On motion of , seconded by the following roll call vote: AYES: NOES: ABSENT: and on the foregoing resolution of appreciation was adopted this day of , 1995. 12_R[an7 Page 2 -- Resolution No. ATTEST: City Clerk Diane Gladwell en Mayor Allen K. Settle �' al Y RESOLUTION NO. 8406 (1995 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING THE AMOUNT OF TRANSPORTATION IMPACT FEES WHEREAS, Chapter 4.56.10 of the City of San Luis Obispo Municipal Code establishes transportation impact fees and provides for the setting of fee amounts and other matters by resolution of the Council; and WHEREAS, the City of San Luis Obispo has prepared studies to determine the need for transportation facilities and improvements to serve new development; and WHEREAS, a study entitled City of San Luis Obispo Transportation Impact Fee Study, dated March 15, 1993, by David M. Griffith & Associates, Ltd. (hereinafter called "Impact Fee Study "), which is incorporated herein by reference, has analyzed the relationship between future development and the cost of needed transportation facilities and improvements; and WHEREAS, community groups and Council advisory bodies have extensively reviewed transportation impact fees over the past four years to determine if the basic concept of the fees is appropriate, and if so, to make recommendations regarding the implementation of the fees. that: NOW, THEREFORE, the Council of the City .of San Luis Obispo finds and resolves FINDINGS 1. The purpose of transportation impact fees is to provide adequate street improvements, transit improvements, and bicycle facilities to satisfy the needs of new development and to mitigate the impacts of new development on the City's transportation facilities. 2. The transportation impact fees collected pursuant to this resolution shall be used only to pay for street, transit, and bikeway facilities and improvements and shall not be in lieu of any other fee or tax. 3. There is a reasonable relationship between the types of development on which the fees are imposed and (a) the use of the fees and (b) the need for the facilities and improvements. 4. There is a reasonable relationship between the amount of the fee and the cost of the facilities and improvements attributable to the developments on which the fees are imposed. The estimated costs of facilities and improvements, including financing costs, to be paid for by transportation fees is shown in the Impact Fee Study, as subsequently modified in R -8406 Appendices A and B attached hereto. Those costs have been allocated to new development on the basis of dwelling unit type (residential) or type of development and size of development (non - residential), which are reasonably related to traffic generated by the development project. COST ESTIMATE REVISIONS 5. At any time that the actual or estimated costs of facilities identified in Appendix A significantly changes, the Finance Director shall review transportation impact fees and determine whether the change significantly affects the amount of the fees. If the fees are significantly affected, the Finance Director shall, within thirty (30) days, recommend to the Council a revised fee. AMOUNT OF TRANSPORTATION IMPACT FEES 6. The amount of transportation impact fees is set forth in Appendix C attached hereto. Unless otherwise acted upon by the Council, the amount of the fees will automatically be adjusted on July 1, 1996 and on July 1 of each subsequent year by the percentage change in the U. S. Bureau of Labor Statistics consumer price index for all urban consumers (CPI -U), all- cities average for the prior calendar year. TIME OF PAYMENT 7. Transportation impact fees for any development project or portion thereof shall be payable prior to issuance of the building permit. 8. For any development project or portion thereof, impact fees shall be assessed at the time of application and remain valid for as long as the application is proceeding through valid processing as per the Uniform Administrative Code. DETERMINATION OF LAND USE CATEGORY 9. All determinations regarding the appropriate classification of the development by land use category shall be made by the Community Development Director. SEPARATE ACCOUNTS 10. The Finance Director shall deposit fees collected under this resolution in a separate transportation impact fee fund as required by Government Code Section 66006. Within sixty (60) days of the close of each fiscal year, the Finance Director shall make available to the public an accounting of the fund, and the Council shall review that information at its next regular public meeting. EFFECTIVE DATE 11. The fees set forth in Appendix C of this resolution shall become effective June 5, 1995.. Upon motion of Council Mbr. Roalman ,seconded by Council Mbi. Smith ,and on the following roll call vote: AYES: Council Members Roalman, Smith, Romero and Williams NOES: Mayor Settle ABSENT: None the foregoing resolution was adopted this 4th day of April 1995. ATTEST: wipA-�ltqo M211, APPROVED AS TO FORM: 44 �/` lLaiA%NO . �.. A ; / • APPENDIX A IMPROVEMENTS AND ESTIMATED COSTS TRANSPORTATION IMPACT FEE STUDY Madonna Rd/ Hwy 101 Widen /101 bridge $2,300,000 30.6% [5) $703,800 Higuera St/ Madonna Rd to High St Widen $775,000 30.6% [5) $237,150 Various Congestion mgmt $2,000,000 100.0% [61 $2,000,000 projects Subtotal Street Improvements $32,325,000 44.6% $14,431,450 Notes: [11 Project numbers refer to the Circulation ElementAdopted November29, 1994. [2] Assumes 80% funding from Public Utility Commission as railroad safety project Project required to serve new development [3) Project cost apponioned according to future development share of total traffic. [4] Assumes 87% of project funded by new development of the Dalidio Property, Prado Road Area, and the Margarita Expansion Area: based on projected traffic volumes and proportional benefit; the remaining balance (13 %) is apportioned to account for future development's share of additional traffic (30.6 %). [51 Project cost apportioned according to future development share of total traffic. Impact fees will be used to recoup funds advanced by the City. [6] The Circulation Element sets a standard of LOS 'D" for arterial streets and highways outside the downtown area, and LOS 'E" for downtown streets. A -1 STREET IMPROVEMENTS PROJ IMPROVEMENT IMPROVEMENT ESTIMATED % FOR IMPACT NO.[1]. LOCATION DESCRIPTION COST NEW DEV FEE SHARE II.C.2 Hwy 101 /Los Osos Widen Bridge/ $3,000,000 100.0°/0 $3,000,000 Valley Rd Modify ramps II.B.1 Higuera SV High St to Marsh St -- Widen (west side) $2,000,000 1.00.0% $2,000,000 II.B.5 Higuera St/ Widen $1,000,000 100.0% $1,000,000 Madonna Rd to City Limit II.D.2 Orcutt Rd /SPRR Grade separation $4,000,000 20.0% [2) $800,000 II.6.4 Prado Rd Bridge / Widen bridge $1,000,000 100.0% $1,000,000 . Hwy 101 II.A.6 Bishop Street Extend to connect $4,250,000 30.6% [3] $1,300,500 w/ South Street II.C.1 Prado Road Interchange Build full interchange $10,000,000 3.9% [41 $390,000 at Hwy. 101 Various locations 20 traffic signals $2,000,000 100.0% $2,000,000 Madonna Rd/ Hwy 101 Widen /101 bridge $2,300,000 30.6% [5) $703,800 Higuera St/ Madonna Rd to High St Widen $775,000 30.6% [5) $237,150 Various Congestion mgmt $2,000,000 100.0% [61 $2,000,000 projects Subtotal Street Improvements $32,325,000 44.6% $14,431,450 Notes: [11 Project numbers refer to the Circulation ElementAdopted November29, 1994. [2] Assumes 80% funding from Public Utility Commission as railroad safety project Project required to serve new development [3) Project cost apponioned according to future development share of total traffic. [4] Assumes 87% of project funded by new development of the Dalidio Property, Prado Road Area, and the Margarita Expansion Area: based on projected traffic volumes and proportional benefit; the remaining balance (13 %) is apportioned to account for future development's share of additional traffic (30.6 %). [51 Project cost apportioned according to future development share of total traffic. Impact fees will be used to recoup funds advanced by the City. [6] The Circulation Element sets a standard of LOS 'D" for arterial streets and highways outside the downtown area, and LOS 'E" for downtown streets. A -1 C APPENDIX A IMPROVEMENTS A ND. ES TIMA TED COSTS TRANSPORTATION IMPACT FEE STUDY TRANSIT IMPROVEMENTS PROJ IMPROVEMENT IMPROVEMENT ESTIMATED % FOR IMPACT NO. LOCATION DESCRIPTION COST NEW -DEV FEE SHARE. Mobile Fleet expansion $1,500,000 50.0% [Bj $750,000 171 (5 buses) Various locations Bus Stop Amenities $175,000 30.6% $53,550 Downtown Transfer Center $2,740,000 15.3% [9j $419,220 Subtotal Transit Improvements $4,415,000 27.7% $1,222,770 Notes: 17] Fleet expansion_ based on 43.3% increase in travel demand as represented by trip generation. [81 Assumes that 50% of acquisition cost will be funded by grants. [9] Assumes that 50% of transit center cost will be funded by grants, with the balance shared by existing and future development in proportion to share of total traffic. BICYCLE FACILITIES PROJ IMPROVEMENT IMPROVEMENT ESTIMATED % FOR IMPACT NO.[11 LOCATION DESCRIPTION COST NEW_DEV FEE SHARE I.C. SPRR Right of Way New bikeway 1101 $8,000,000 30.6% $2,448,000 I.B. Various Bikeway imprvmts, $4,000,000 30.6% $1,224,000 bicycle facilities Subtotal Bicycle Facilities $12,000,000 30.6% $3,672,000 Notes: [1 ] Project numbers refer to the Circulation Element adopted November 29, 1994. [10] As adopted in the Bicycle Transportation Program 3.13 in the Circulation Element adopted November 29, 1994. GRAND TOTAL A -2 $48,740,000 39.7% $19,326,220 to Z W N C) W W m O W V W CL O Q V Q LL Lij m LL C07, O) t- 23 (n mY N N M O r m M r tD M 6 N M cn r r r 6' 6% u p OD O O O O FZ 00 Ono M O CD Y d• tD M o r r 4 M r d' M E O 0 LL N O N O _ m O r O O It O O o, d O r d: O to Y 0 M r N r N M n IL CL N T n T V 7 0 O O O O N N m Y Lo co CA r M O (O r M OD n '� aa))d� 0 N r m t in N O o O U O- O 'd CO O Ow Y N CA 0 O r r r r. M r r r co r CV to Q a00o, o w 0 m 0 v m o d 0� Y .� O N O 0 O N r N m -A Q. e} d' E N N o N N N l0A n w? d O N M n 0 O n M n R O- i C >, y tC o Cl) N a) . W 0 0 0 Nm con, v .O. (n 0 U. O)y O N O N O r N E �[ r N r w O r "O V3 fA U C w ton. O o a � o O 0 sow m � O N O � o n (Mn N `�[ M n r C M Cl) C. -� r_ ((a p y « 69 to co yg R d R •_, u N d: 0 M 0 O w T U- O d n O 6 T r � 0 2 'y co co d' L 0MO N m to m a m m am LO co E 0 � O It CO 'O O n . 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N CL °C w �o LULL UZ �D cc Q W w as uj w LL LL APPENDIX C TRANSPORTATION IMPACT FEES Land Use Category Single Family Residential Multi - Family Residential Retail* Office Service Commercial Industrial Hospital Motel/Hotel* Service Station (includes 1,000 square feet) ** Other Impact Fee per Unit of Development $ 1,234/DU $ 1,095/DU $ 1,946/KSF* $ 2,474/KSF $ 1,342/KSF $ 715/KSF $ 2,216/KSF $ 573/Room* $ 1,061/Pump $ 115/Trip * Fees for retail and hotel/motel are set at 50% of the adjusted study costs in recognition of the fiscal benefits these developments bring to the City. ** Square footage above this amount will be charged at the service commercial rate, excluding structures that are specifically built to cover pump areas. DU = Dwelling Unit . KSF = 1,000 Square Feet ,rw �4e �a Recording requested by and when recorded mail to: City Clerk City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403 -8100 Doc No: 1995 - 045513 Rec No: 00051015' Official Records :NF 0.00 San Luis Obispo Co. : Julie L. Rodewald : Recorder : Oct 10, 1995 : Time: 09:47 : [ 41 :TOTAL 0.00 ' RESOLUTION NO. 8405 (1995 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT MILL STREET, BETWEEN NIPOMO STREET AND BROAD STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PIIBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF PIIBLIC UTILITY EASEMENTS AND OTHER CONDITIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on October 6, 1992, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that Mill Street, between Nipomo Street and Broad Street, as described and shown on the map marked Exhibit "A ", attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. This Council hereby orders the abandonment of said right -of -way subject to: A. Reservation of an easement for public utilities over the entire 60 ft. wide right of way. B. Reservation of easements for public sanitary sewer and water mains and appurtenances thereto, drainage, emergency access and public pedestrian and bicycle purposes, over the abandoned right of way, as shown on the attached Exhibit "A ". R -8405 Resolution No. 8405 (1995 Series) Page Two. C. Recordation of a 20 ft. wide common driveway easement agreement which provides for common driveway access in perpetuity to parcels formerly served by the right of way, to the satisfaction of the Community Development Director. D. Installation of standard frontage improvements (curb, gutter, sidewalk and driveway ramp) along with necessary drainage facilities along the Broad Street frontage, to the satisfaction of the City Engineer. E. Installation of public drainage, pedestrian and bikeway improvements to the satisfaction of the Public Works and Community Development Directors. F. Recordation of lot line adjustment, via a Certificate of Compliance, which combines all lots of record, to the satisfaction of the Community Development Director. G. Items C. through F. must be met by October 6, 1995 or this resolution will expire and will be null and void. The easement reservations may be modified by the City Engineer (upon a determination by the City Engineer that the full easement reservation is not needed for various public easements and public access) prior to recordation of this resolution, subject to approval of plans and installation of such improvements that would allow for such modifications. SECTION 3. Upon notification by the City Engineer that the conditions prescribed in section 2 have been met, the City Clerk Resolution No. 8405 (1995 Series) Page Three shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the Recorder of the County of San Luis Obispo. SECTION 4. This resolution supercedes Resolution No. 8356 (1994 Series). On motion of Council Mbr. Smith seconded by Council Mbr. Williams and on the following roll call vote, AYES: Council Members Smith, Williams, Roalman, Romero and Mayor Settle NOES: None ABSENT: None the foregoing Resolution was passed and adopt this 4th day of April , 1995. MAYOR Allen K. Settle ATT EST :. Y �,�,,D' e „D' e R. Gladwell a 7 It _ASP- PRffVD AS FORM: i• t rn G: ... \Mist \MilAbXT3.wp 60 h- Q F�EAcH ST Legal Description of Hill Street Abandonment That certain portion of Hill Street right of way, 60 feet wide, between the prolongation of the westerly line of Broad Street and a line described as follows: Mr Q1 LIN Beginning at the.northwesterly corner of Block 36 of the Town of San Luis I Obispo as recorded in Bk. A of Maps at Page 168, recorded on May 1, 1878 in the Office of the San Luis Obispo County Recorder; thence, northerly to the most southerly corner of Tract 522, as recorded in Book 8 of Maps at Page 60, in the office of the San Luis Obispo County Recorder. i 'Subject to reservation of the following easements: 1. The entire R/W for public utilities, sewer, water and drainage purposes. 2. The NW'ly half of R/W for public pedestrian, bikeway and emergency Purposes . 3. The NE'ly 195 ft. of the SE'ly 20 ft. of the NW'ly 30 ft. of said R/W for common driveway purposes for Tract.No. 522. city of I1/L.L 5T �IBlNli�� i°a san WIS OBispo ( MOA-9 .5r. TD N/PoMd .Ir- r- --------- e T T i s END Of DOCUMENT AAN 1 RESOLUTION NO. 8404 (1995 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING AUTHORITY TO THE COMMUNITY DEVELOPMENT DIRECTOR TO MAKE "PUBLIC CONVENIENCE" DETERMINATIONS PURSUANT TO SECTION 23958.4 OF THE CALIFORNIA BUSINESS AND PROFESSIONS CODE WHEREAS, the State has adopted Section 23958.4 of the California Business and Professions Code that establishes additional alcoholic beverage licensing criteria by the Department of Alcoholic Beverage Control, and WHEREAS, pursuant to this new legislation, the City may be asked to determine if public convenience and necessity will warrant the issuance of a license notwithstanding a determination that there is an undue concentration of licenses in the area, and WHEREAS, as a local governing body, the Council may delegate the duties of determining whether or not public convenience and necessity are met to the Community Development Director, and WHEREAS, there would be no benefit to the Council to hear every request for a "public convenience" determination. NOW, THEREFORE, BE IT RESOLVED, that pursuant to Section 23958.4 of the California Business and Professions Code, the City Council of the City of San Luis Obispo does hereby delegate the authority to determine when public convenience and necessity warrant an exception to the over concentration of establishments subject to alcoholic beverage licensing to the Community Development Director who will consult with the Police Department. BE IT FURTHER RESOLVED, that determinations of the Community Development Director may be appealed to the City Council pursuant to Chapter 1.20 of the San Luis Obispo Municipal Code. R -8404 C City Council Resolution No. 8404 (1995 Series) Page 2 On motion of Council Member Smith ,Seconded by Council Member Williams and on the following roll call vote: AYES:, Council Members Smith, Williams, Roalman, Romero and Mayor Settle NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4 day of April 1995. Mayor Allen K. Settle ATTEST: APPROVED: / a \` o U RESOLUTION NO. 8403 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING SENATE BILL lx SPONSORED BY SENATOR O'CONNELL WHEREAS, the City of San Luis Obispo has experienced significant damage to public infrastructure caused by flooding during heavy storms in January and March of this year, and WHEREAS, the flooding that took place during the most recent storms in March was so damaging that on March 10, 1995, the Mayor of the City of San Luis Obispo, issued a declaration of local emergency; and WHEREAS, preliminary flood damage estimates for the January and March 1995 winter floods will likely total nearly $1 million to the City of San Luis Obispo; and WHEREAS, Senate Bill lx proposes to require the State to pick up the City's share of flood damage costs resulting from this winter season's harsh storms (which equates to 6.25% of the total costs under FEMA regulations); and WHEREAS, the City's ability to deliver essential services to our residents will be greatly impacted without increased State assistance for flood damage costs as provided for in Senate Bill lx. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo that it fully supports Senate Bill lx and urges the State Legislature to adopt the bill and forward it to the Governor for signature as soon as possible. On a motion of Council Mbr..Roalman, seconded by Vice Mayor Romero , and on the following roll call vote: AYES: Council Members Roalman, Romero, Smith, Williams, and Mayor Settle NOES: None ABSENT: None the foregoing resolution was passed and adopted this 28th day of March , 1995. ayor Allen K. Settle / emEax- Y/afieivk.& R -8403 �� �� � � ° 3\3`� ., •,, RESOLUTION NOB402 (1995 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING PARKING FEES FOR USERS OF THE CITY'S PARKING STRUCTURES ON THURSDAY, FRIDAY AND SATURDAY EVENINGS AND OTHER DAYS OF THE WEEK AND RESCINDING RESOLUTIONS IN CONFLICT WHEREAS, the City's parking structures have been experiencing a marked increase for evening activities, especially on Thursday, Friday and Saturday evenings; and WHEREAS, the City wishes to provide secure and user friendly parking for all users of the parking structures; and WHEREAS, the parking program needs to continue to be self- sufficient for its financial commitments; and WHEREAS, the City has the support of the BIA to implement the late evening staffing and fees for the parking structures; and WHEREAS, the Council has considered the staff report and did hold a public hearing on the proposed parking fees. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolutions 6333, 6658, 6963, and 8003 are hereby rescinded. SECTION 2. The parking rate and hours for charging fees in the city's parking structures shall be the first 90 minutes free and 50 cents per hour with a daily maximum of $3.00 per visit from 8am until 6:00pm each Monday, Tuesday, and Wednesday. SECTION 3. The parking rate and hours for charging fees in the city's parking structures shall be the first 90 minutes free and 50 cents per hour with a daily maximum of $3.00 per visit from 8 :00am until 11:00pm each Thursday, Friday and Saturday. Sundays will be exempt from any parking garage fees. On motion of council Member Roalman and on the following roll call vote: seconded by Council Member Smith R -8402 i 4 .J Resolution No. 6402 (1995 Series) Page two AYES: Council.:L:embers Roalman, Srith, :dillians and ' ayor Settle NOES: 1Qone ABSENT: Vice Yayor Romero the foregoing resolution was passed and adopted this 21st day of :'arch , 1995. ATTEST: Clerk, biane G dwell APPROVED TO AS FORM: Mayor Allen Settle Wil r RESOLUTION NO. 8401 (1995 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING PROGRAM SUPPLEMENT NO.. 015 TO THE LOCAL AGENCY /STATE AGREEMENT FOR FEDERAL -AID PROJECT NO. 05 -5016 FOR THE "BRIDGE REPLACEMENT PROJECT - NIPOMO STREET AT SAN LUIS CREEK CITY PLAN NO. J -12H" WHEREAS, the City and the State have entered into Master Agreement No. 05 -5016 for Federal -Aid Projects; and WHEREAS, Program Supplement 015 to the Master Agreement provides for the sharing of Preliminary Engineering costs for the Bridge Replacement Project - Nipomo Street at San Luis Creek; NOW THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis Obispo, California hereby: 1. Approved Exhibit A attached, entitled "PROGRAM SUPPLEMENT NO. 015 TO LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 05- 5016," and authorizes the Mayor to execute the same. 2. Directs the City Clerk to transmit the two (2) originals, attaching to each a copy of the authorizing resolution to: Mr. W. F. Tyler District 5 -Local Assistance California Department of Transportation P. 0. Box 8114 San Luis Obispo, CA 93403 -8114 Upon motion of Council Ver.+,ber Roalnan seconded by Council P'ember Smith , and on the following roll call vote: AYES: Council 1- Imbers Roalman, Snith., t4illiams and ; ayor Settle NOES: Nbne ABSENT: Vice Mayor }faro r-7-84-01 Resolution No. 8401 (1995 Series) Page Two. the foregoing resolution was adopted this 21St day of I -larch 1995. MAYOR ALLEN SETTLE ATTEST: ! clerk Diane ell APPROVED: ? AAt ro 1\j72h\prog15res by 0 r PROGRAM SUPPLEMENT'.,, 015 I a: February 16, 1995 Locatxan: 05- SLO -O -SLO to Project Number: BRM- Y398(001) LOCAL AGENCY -STATE AGREEMENT . E.A. Number: 05- 141984 FOR FEDERAL -AID PROJECTS NO. 05 -5016 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal Aid which was entered into between the Local Agency and the State on 06/22/78 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article II of the aforementioned Master Agreement under authority of Resolution No. 8401 , approved by the Local Agency on March 21, 1995 (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, it accepts and will comply with the covenants or remarks setforth on the following pages. PROJECT TERMINI: NIPOMO ST AT SAN LUIS OBISPO CREEK BR. NO. 49C -369 TYPE OF WORK: REPLACE BRIDGE & APPROACHES LENGTH: 0.1 (MILES) PROJECT CLASSIFICATION OR PHASES) OF WORK [X] Preliminary Engineering [ ] Right -of -Way [ ] [ ] Construction Engineering [ ] Construction Estimated Cost Federal Funds Matching Funds $ 487431118 $ 38994 $ Local 97491$ OTHER OTHER $ OI 0 I $ 0 Citp of San Luis Obispo STATE OF CALIFORNIA 9R, �111� Department of Transportation 11en R. Settle, Mayor Date. Z3, �qqs Attest (}n�,( , r ���ti Title Diane P. Cla&7ell, City Clerk By Local Assistance Engineer District 5 Date I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Office /�� ( G /�%�G�� Date S $ 38994.00 Chapterl Statutes I Item Year I/ Program ISCI Fund Source I aMaAr 139 1994 2660-101-ago 94-95 20.30.010.300 C --------------- 224060 892 -F 38994.00 Page 1 of 2 05- SLO -O -SLO BRM- Y398(001) SPECIAL 1. The Local Agency will project and will obta award or rejection of s j DATE: 02/16/95 COVENANTS OR REMARKS advertise, award, and administer this in the State's concurrence prior to either the contract. 2. The Local Agency agrees the payment of Federal funds will be limited to the amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2) /Detail Estimate, or its modification (PR -2A) or the FNM -76, and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Division of Local Streets and Roads. 3. In executing this Program Supplemental Agreement, Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Program. 4. Whenever the local agency uses a consultant on a cost plus basis, the local agency is required to submit a post audit report cover- ing the allowability of cost payments for each individual consul- tant or sub- contractor incurring over $25,000 on the project. The audit report must state the applicable cost principles utili- zed by the auditor in determining allowable costs as referenced in CFR 49, part 18, Subpart C - 22, Allowable Costs. Page 2 of 2 n� % �`b JY ��`� C �� ,�� g�.. RESOLUTION NO. 8400 (1995 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RATIFYING THE DECLARATION OF LOCAL EMERGENCY ISSUED BY THE MAYOR ON MARCH 10, 1995. WHEREAS, on March 10, 1995, the Mayor of the City of San Luis Obispo, acting pursuant to the authority granted by Charter Section 407 and Municipal Code Chapter 2.24, issued a declaration of local emergency; and WHEREAS, flooding in the City of San Luis Obispo commencing on March 9, 1995, constituted an extreme peril to the safety of persons and property within the City and threatened to exceed the capacity of the services, personnel, equipment and facilities of the City; and WHEREAS, the peril presented by the flooding has diminished.. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. The Declaration issued on March 10, 1995, by the Mayor is hereby ratified. SECTION 2. The local emergency is hereby proclaimed to be terminated. On motion of Council Member Williams ,seconded by Vice Mayor Romero , and on the following roll call vote: AYES: Council Members Williams, Romero, Roalman, Smith and Mayor Settle NOES: None ABSENT: None the foregoing resolution was passed and adopted this 14th day of March , 1995. ATTEST: I- rL& ane R. Gladwell, 51ty Clerk APPROVED: rw)743�" C' A R -8400 L J i I QW Of SAn WIS OBISPO 990 Palm 0+ -4 Office Box 8100 •San Luis Obispo, CA 93403 8100 March 10, 1995 DECLARATION OF LOCAL EMERGENCY WHEREAS, recent flooding in the City of San Luis Obispo, commencing March 9, 1995, and continuing, constitutes an extreme peril to the safety of persons and property within the City which may exceed the capacity of services, personnel, equipment, and facilities of the City; and WHEREAS, pursuant to the powers and authority granted to the Mayor by Section 407 of the Charter and Chapter 2.24. of the San Luis Obispo Municipal Code; NOW, THEREFORE, I, Allen K. Settle, Mayor of the City of San Luis Obispo, do hereby declare the existence of a local emergency in the City of San Luis Obispo as a result of flooding, commencing March 9, 1995, and continuing until such time as the threat of flooding has dissipated, or as ratified by the City Council at its March 14, 1995, meeting. =-� Mayor of the City of San Luis Obispo ®The City of San Luis Obispo is committed to including the disabled in all of its services, programs and activities. Telecommunications Device for the Deaf (805) 781 -7410. c 3�