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RESOLUTION NO. 10012 (2008 Series)
A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATION
AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND MICHAEL AND
SHARON SINGLETON, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1052
ISLAY STREET, IN SAN LUIS OBISPO
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section 50280 et seq. (known as "the Mills Act ") to enter into contracts with the
owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing
the Mills Act Historic Property Tax Incentive Program as an on -going historic preservation program
to promote the preservation, maintenance and rehabilitation of historic resources through financial
incentives; and
WHEREAS, the owners possess fee title in and to that certain qualified real property,
together with associated structures and improvements thereon, located on Assessor's Parcel Number
003 -544 -016, located at 1052 Islay Street, San Luis Obispo, California 93401, also described as the
Kaufman House, (hereinafter referred to as the "historic property"); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this property as
an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic
Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character- defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to
qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and
Taxation Code; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on July 28, 2008 to consider a request by Michael and Sharon Singleton, owners of
1052 Islay Street; and
WHEREAS, the City Council has considered the Cultural Heritage Committee's
recommendation, documentation for the property on file in the Community Development
Department, public testimony, the staff report, and the City's Historical Preservation Program
Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
R 10012
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Resolution No. 10012 (2008 Series)
Page 2
SECTION 1. Findings. The City Council makes the following findings:
1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in
financial assistance programs such as property tax reduction programs that encourage
maintenance and restoration of historic properties.
2. The Kaufman House, located at 1052 Islay Street, has been recognized as a historic asset in
the community by its designation as a Master List Historic Property. As such, maintaining
the structure will meet the City's goals for historic preservation listed in policies 3.3.1
through 3.3.5 of the Conservation and Open Space Element.
SECTION 2. Historic Preservation Agreement approved. The City Council hereby approves
the attached historic preservation agreement between the City of San Luis Obispo and the owners.
SECTION 3. Mayor Authorized to Sign Agreement for City. The City Council hereby
authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis
Obispo.
SECTION 4. Environmental Determination. The City Council has determined that the above
actions do not constitute a project, as defined by Section 15378 of the California Environmental
Quality Act and are exempt from environmental review.
SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the parties
execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in
the Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Council Member Carter, seconded by Council Member Mulholland, and on the
following vote:
AYES Council Members Carter, Mulholland and Settle, Vice Mayor Brown,
And Mayor Romero
NOES: None
ABSENT: None
R 10012
Resolution No. 10012 (2008 Series)
Page 3
the foregoing Resolution was adopted this 2nd day of September 2008.
Mayor David F. Romero
A EST:
II(AlYA11-1 41'-���
Audrey Hoop , City C erk
APPROV AS TO FORM:
c
Jo than Lowell, City Attorney
O
R 10012
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN
LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1052 ISLAY
STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA.
THIS AGREEMENT is made and entered into this II+-I day of �s-�— , 2008, by and between
the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Michael
and Sharon Singleton (hereinafter referred to as "Owners "), and collectively referred to as the "parties."
Section 1. Description of Preservation Measures. The owners, their heirs, or assigns hereby agree to
undertake and complete, at their expense, the preservation, maintenance, and improvements measures
described in "Exhibit A" attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence
upon recordation and shall remain in effect for an initial term of ten (10) years thereafter. Each year
upon the anniversary of the agreement's effective date, such initial term will automatically be extended
as provided in California Government Code Section 50280 through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
a. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as
"annual renewal date "), a year shall automatically be added to the initial term of this agreement
unless written notice of nonrenewal is served as provided herein.
b. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City
shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice
is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or
served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1)
near shall automatically be added to the term of the agreement as provided herein.
c. The Owner may make a written protest of the notice. The City may, at any time prior to the
annual renewal date, withdraw its notice to the Owner of nonrenewal.
d. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the
agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement, the historic property shall
be subject to the following conditions:
a. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property
and its character- defining features, including: the building's general architectural form, style,
materials, design, scale, proportions, organization of windows, doors, and other openings;
interior architectural elements that are integral to the building's historic character or significance;
exterior materials, coatings, textures, details, mass, roof line, porch, and other aspects of the
appearance of the building's exterior, as described in Exhibit A, to the satisfaction of the
Community Development Director or his designee.
b. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval of the
Community Development Director or his designee.
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c. All building changes shall comply with applicable City specific plans, City regulations and
guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the
California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's
Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects.
Interior remodeling shall retain original, character - defining architectural features such as oak and
mahogany details, pillars and arches, special tile work, or architectural ornamentation to the
greatest extent possible.
d. The Community Development Director shall be notified by the Owner of changes to character -
defining exterior features prior to their execution, such as major landscaping projects and tree
removals, exterior door or window replacement, repainting, remodeling, or other exterior
alterations requiring a building permit. The Owner agrees to secure all necessary City approvals
and/or permits prior to changing the building's use or commencing construction work.
e. Owner agrees that property tax savings resulting from this agreement shall be used for property
maintenance and improvements as described in Exhibit A.
f. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards listed
above; dilapidated, deteriorating, or unrepaired structures such as fences, roofs, doors, walls,
windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public
way; or any device, decoration, structure, or vegetation which is unsightly due to lack of
maintenance or because such feature adversely affects, or is visually incompatible with, the
property's recognized historic character, significance, and design as determined by the
Community Development Director.
g. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and
exterior of the historic property by representatives of the County Assessor, the State Department
of Parks and Recreation, the State Board of Equalization, and the City as may be necessary to
determine the owners' compliance with the terms and provisions of this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information
requested by the City which may be necessary or advisable to determine compliance with the terms and
provisions of this agreement.
Section 6. Cancellation.
a. The City, following a duly- noticed public hearing by the City Council as set forth in Government
Code Section 50285, may cancel this agreement if it determines that the Owner has breached any
of the conditions of this agreement or has allowed the property to deteriorate to the point that it
no longer meets the standards for a qualified historic property; or if the City determines that the
Owner has failed to preserve, maintain, or rehabilitate the property in the manner specified in
Section 4 of this agreement. If a contract is cancelled because of failure of the Owner to
preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay
a cancellation fee to the State Controller as set forth in Government Code Section 50286, which
states that the fee shall be 12 /z% of the full value of the property at the time of cancellation
without regard to any restriction imposed with this agreement.
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b. If the historic property is acquired by eminent domain and the City Council determines that the
acquisition frustrates the purpose of the agreement, the agreement shall be cancelled and no fee
imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
a. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the
City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event
of a default, under the provisions to cancel the agreement by the Owner, the City shall give
written notice of violation to the Owner by registered or certified mail addressed to the address
stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the
Community Development Director or designee within thirty (30) days thereafter; or if not
corrected within such a reasonable time as may be required to cure the breach or default of said
breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the
breach or default may be commenced within thirty (30) days and shall thereafter be diligently
pursued to completion by the Owner); then the City may, without further notice, declare a default
under the terms of this agreement and may bring any action necessary to specifically enforce the
obligations of the Owner growing out of the terms of this agreement, apply to any court, state or
federal, for injunctive relief against any violation by the owners or apply for such relief as may
be appropriate.
b. The City does not waive any claim of default by the Owner if the City does not enforce or cancel
this agreement. All other remedies at law or in equity which are not otherwise provided for in
this agreement or in the City's regulations governing historic properties are available to the City
to pursue in the event that there is a breach or default under this agreement. No waiver by the
City of any breach or default under this agreement shall be deemed to be a waiver of any other
subsequent breach thereof or default herein under.
c. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve
disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at
1052 Islay Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set
forth in this agreement. The City and Owner hereby declare their specific intent that the covenants,
reservations, and restrictions as set forth herein shall be deemed covenants running with the land and
shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic
property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the
historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and
accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless
of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other
instrument.
Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the
respective parties as specified below or at other addresses that may be later specified by the parties
hereto.
To City: Community Development Director
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401
U O
To Owners: Michael and Sharon Singleton
1052 Islay Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
a. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors, or assigns, nor shall
such terms, provisions, or conditions cause them to be considered joint ventures or members of
any joint enterprise.
b. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and
employees harmless from liability for damage or from claims for damage for personal injuries,
including death, and claims for property damage which may arise from the direct or indirect use
or activities of the Owner, or from those of their contractor, subcontractor, agent, employee, or
other person acting on the Owner's behalf which relates to the use, operation, maintenance, or
improvement of the historic property. The Owner hereby agrees to and shall defend the City and
its elected and appointed officials, officers, agents, and employees with respect to any and all
claims or actions for damages caused by, or alleged to have been caused by, reason of the
Owner's activities in connection with the historic property, excepting however any such claims
or actions which are the result of the sole negligence or willful misconduct of City, its officers,
agents, or employees.
c. This hold harmless provision applies to all damages and claims for damages suffered, or alleged
to have been suffered, and costs of defense incurred, by reason of the operations referred to in
this agreement regardless of whether or not the City prepared, supplied, or approved the plans,
specifications, or other documents for the historic property.
d. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs,
successors, legal representatives, assigns, and all persons acquiring any part or portion of the
historic property, whether by operation of law or in any manner whatsoever.
e. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to determine
the rights and duties of any party hereunder, the prevailing party in such proceeding may recover
all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief
ordered by the court.
f. In the event that any of the provisions of this agreement are held to be unenforceable or invalid
by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and
enforceability of the remaining provisions, or portions thereof, shall not be affected thereby.
g. This agreement shall be construed and governed in accordance with the laws of the State of
California.
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written
recorded instrument executed by the parties hereto.
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Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter
into this agreement, the City shall cause this agreement to be recorded in the office of the County
Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the
Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing,
recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the City and Owners have executed this agreement on the day and
year written above.
CITY OF SAN LUIS OBISPO
Mayor David F. Romero
OWNERS
Mi � el nQ on
Sharon Singleton
� t S'
Date
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Date
8�H�DE�
Date
STATE O CALIFORNIA
) ss. e c
COUNTY O SAN LUIS OBISPO )
On this day of
and for said Stat personally appeared _
the City of San L ' Obispo, a municipal
of California.
Witness my
0 ZLOWELL
O W M:
DIONATHAN P.
City Attomey
2008,
on existing
me, the undersigned, a Notary Public in
known to me to be the mayor of
organized under the laws of the State
and official seal.
STATE OF CALIFORNIA )
)ss
COUNTY OF SAN LUIS OBISPO )
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On September 11, 2008, before me Audrey Hooper, City Clerk, personally appeared David F.
Romero, Mayor, CITY OF S LUIS OBISPO, who proved to me on the basis of satisfactory
evidence to be the person whose name04.is /a;e subscribed to the within instrument and
acknowledged to me that a /she*tey executed the same in his/herir authorized capacity i ,
and that by his/herftheir signature(&n the instrument the person( or the entity upon behalf of
which the person(Wacted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature �%t-� i
CitClerk
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CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of -5a,;,-, L-0-t-5 Q b f S ie a
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LAURIE L. 7' * - - j
CommBsion # 1791185
MIOry NNIc - Callromlo
Ban Luis Ob*W County
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who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s)Ja are subscribed to the
within instrument and acknowledged to me that
,!;�4sheAhey executed the same in bislWtheir authorized
capacity(ies), and that by his7berltheir signature(s) on the
instrument the person(s), or the entity upon behalf of
which the person(s) acted. executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph is
true and correct.
WITNESS my hand and official seal.
Signature
Place Notary Seal Above Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
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MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY
LOCATED AT 1052 ISLAY STREET, SAN LUIS OBISPO, CALIFORNIA
1. Owner shall preserve, maintain, and repair the historic building, including its character - defining
architectural features in good condition, to the satisfaction of the Community Development Director or
designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property
located at 102 Islay Street. Character - defining features shall include, but are not limited to: roof,
eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window
screens and shutters, balustrades and railings, foundations, and surface treatments.
2. Owner agrees to make the following improvements and/or repairs during the term of this contract
but in no case later than ten (10) years from the contract date. All changes or repairs shall be consistent
with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards
for the Treatment of Historic Properties:
1. Demolish and replace the 9' x 130' driveway with a new double aisle and gravel- filled
median concrete driveway (10' x 125') with tinted and historically scored concrete with brick
edging.
2. Replace portions of the sidewalk leading to the house with a tinted and historically scored
walkway with brick edging.
3. Replace fence to match historic character on shared property line with the Adriance Court
property.
4. Install irrigation system.
5. Install native and historically correct landscape materials in the front and side yards.
6. Install wood and lath fence in backyard.
7. Reconfigure backyard and parking area to increase root zone and water infiltration for
historic Avocado.
S. Construct a new brick on sand patio and wood overhead in backyard, to the satisfaction of
the Community Development Director.
9. Reconstruct wood screens using replica hardware for all windows.
10. Replace /rebuild balustrade railing around the front porch.
11. Restore and stabilize fireplace and chimney, to the satisfaction of the Community
Development Director.
12. Continue a high level of maintenance to the house's exterior and grounds, as evidenced by
periodic repainting and repair of exterior materials and surfaces, high - quality landscape
maintenance, and repair or replacement of site features, such as fencing, walls, lighting, or
other historic site features.
OWNERS
cry
haron Singleton
ate
Date
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RESOLUTION NO. 10011 (2008 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A LAND USE ELEMENT MAP AMENDMENT TO
RECONFIGURE THE BOUNDARY BETWEEN THE OFFICE AND
MEDIUM -HIGH DENSITY RESIDENTIAL DESIGNATIONS ON THE
SITE, VESTING TENTATIVE TRACT MAP NO. 2928 TO CREATE 6
COMMERCIAL AND 11 RESIDENTIAL CONDOMINIUMS, AND
MITIGATED NEGATIVE DECLARATION, FOR PROPERTY LOCATED
AT 1321 & 1327 OSOS STREET; GP/R/TR/ER 102 -07
WHEREAS, the Planning Commission conducted a public hearing on July 9, 2008, and
recommended approval of the project; 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 August
19, 2008, pursuant to a proceeding instituted under application GP /R/TR/ER 102 -07, Mission
Medical Partners, LLC, applicant; 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 Mitigated Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; 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.
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 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 in Exhibit A into the project (Mitigation
Monitoring Program).
SECTION 2. General Plan Amendment Approval with Findings & Conditions. The
City Council finds and approves the General Plan Amendment included as part of City
Application No. GP /R 102 -07, which reconfigures the boundary between the Office and
Medium -High Density Residential designations on the site for the properties located at 1321 &
1327 Osos Street as shown on the attached Exhibit 13, based on the following findings and
subject to the following conditions:
R 10011
Resolution No. 10011 (2008`es) O
Page 2
Findings:
1. The proposed modification is a minor amendment to the Land Use Element Map because
it is a boundary change only which retains the existing Office and Medium -High Density
Residential designations for the site with the same relative proportions of the overall site
area intact.
2. The proposed General Plan Amendment will not be detrimental to the health, safety and
welfare of those living and working in the vicinity since the proposed change to the
City's map accommodates the planned redevelopment of the site with uses and
improvements that will be compatible with other properties in the same block that are
either designated Office or Medium -High Density Residential.
3. The Community Development Director recommended adoption of a Negative Declaration
with Mitigation Measures on June 16, 2008. The Planning Commission finds and
determines that the project's Negative Declaration adequately addresses the potential
significant environmental impacts of the proposed project.
Conditions:
1. The Land Use Element Map is hereby amended as shown in Exhibit B.
2. The Community Development Director shall cause the change to be reflected in
documents, which are on display in City Hall and are available for public viewing and
use.
SECTION 3. Vesting Tract Map No. 2928 Approval with Findings and Conditions. The
Vesting Tentative Tract Map No. 2928 included as part of City Application No. TR 102 -07,
which allows the creation of 6 commercial and 11 residential condominiums, is hereby approved,
based on the following findings, including an exception to the total open space requirements for
the R -3 zone contained in the City's Subdivision Regulations, and subject to the following
conditions and noting certain code requirements:
Findings
1. The design of the vesting tentative tract map is consistent with the General Plan because
the proposed subdivision respects existing site constraints, will incrementally add to the
City's residential housing inventory, result in condominium units that meet density
standards, and will be consistent with the density and development limits established by
the Office (0) and Medium -High Density Residential with the Historical Perseveration
overlay zoning district (R -3 -H).
2. The site is physically suited for the proposed type of development allowed in the Office
and R -3 -H zones since the site is generally flat, surrounded by a mixture of residential
projects, parking lots, and office buildings.
Resolution No. 10011 (2008 � I;.es)
Page 3
3. The design of the subdivision will not conflict with easements for access through (or use
of property within) the proposed subdivision.
4. The design of the vesting tentative tract map and proposed improvements are not likely to
cause serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat because the site does not have any
creeks or other potentially significant habitat areas for fish and wildlife.
5. Tandem parking within the project is supported by the Planning Commission for the
following reasons:
a. The City of San Luis Obispo encourages creative use of infill development to
provide opportunities for much needed workforce housing near the downtown to
support adopted Housing Element policies and goals.
b. The site is unusually configured and, with building height limitations, poses
difficult building design constraints that would potentially result in fewer
residential units if conventional side -by -side parking were insisted upon.
c. The project site is located adjacent to the downtown core that will provide
pedestrian access to many daily needs of the residents. Therefore, residents may
be less dependent on use of their automobiles such that the inconvenience
associated with tandem parking may be minimized.
6. The property to be divided has an irregular shape and a spilt zoning between Medium -
High Density Residential (R -3 -H) and Office (0) that makes it impractical or undesirable,
in this particular case, to conform to the strict application of the regulations codified in
the Subdivision Regulations regarding the provision of total open space for a residential
condominium.
7. The cost to the subdivider of strict or literal compliance with the regulations is not the
sole reason for granting the exception to total open space standards, because approval of
the project as designed results in a mixed -use development that meets standards for both
private and common open space requirements, respects the context of its historic setting
and provides housing opportunities, including a deed - restricted affordable unit, in close
proximity to the downtown core and other public services and amenities
8. The modification will not be detrimental to the public health, safety and welfare, or be
injurious to other properties in the vicinity since the project will meet requirements for
both private and common open space areas.
9. The exception will not constitute a grant of special privilege, an entitlement inconsistent
with limitations upon other properties sin the vicinity with the same zoning since the
project includes a deed - restricted affordable unit for very-low income households. Per
Section 17.90.050 B.7. of the City's Zoning Regulations (Incentives for Affordable
Housing Projects), projects that contain affordable housing may request relaxation of
subdivision standards as an incentive.
Resolution No. 10011 (2008 ( 'Des)
Page 4
10. Granting the modification is in accord with the intent and purposes of these regulations,
and is consistent with the general plan and with all applicable specific plans or other
plans of the City, because the design of the project is consistent with the intent of the R -3
zone to "provide housing for smaller households desiring little open space" in that all
units have qualifying private open spaces.
11. No feasible alternative to authorizing the exception would satisfy the intent of City
policies and regulations.
12. The Community Development Director recommended adoption of a Negative
Declaration with Mitigation Measures on June 16, 2008. The Planning Commission
finds and determines that the project's Negative Declaration adequately addresses the
potential significant environmental impacts of the proposed project.
Conditions:
1. The subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be
approved by the Community Development Director and the City Attorney prior to final
map approval. CC &R's shall contain the following provisions:
a. Creation of a homeowners' association to enforce the CC &R's and provide for
professional, perpetual maintenance of all common areas including private driveways,
drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting,
common open space areas, and landscaping.
b. Grant to the city the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners' association for expenses incurred, and
the right of the city to inspect the site at mutually agreed times to assure conditions of
CC &R's and final map are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked
in unauthorized places.
e. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage
of inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City- required provisions of the CC &R's without prior City Attorney
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
r"
Resolution No. 10011 (2008 �., 'es)
Page 5
officers of the homeowners' association within 15 days of any change in officers of
the association.
i. Provision of appropriate "no parking" signs and red - curbing along interior roadways
as required by the City Fire Department.
j. CC &R's shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
k. Prospective property owners and renters shall be notified of the project's provision of
tandem parking. Additionally, they shall be advised that they should ensure that the
amount of on -site parking is adequate for their needs because they will not be able to
obtain on -street parking permits for any additional parking needs.
The responsibility for the placement of the trash and recycling containers at the street
on collection days will be the responsibility of the property owner's association. The
property owner's association shall coordinate with San Luis Garbage Company
regarding the collection time and preferred location for the placement of trash and
recycling containers to minimize the obstruction of the public right -of -way.
2. As part of the encroachment permit for the proposed frontage improvements, the
applicant shall submit plans to address any changes made to on -street parking, signage,
and striping to the approval of the City Engineer.
3. The applicant shall pay in -lieu fees for the 19 off -site parking spaces that will be
eliminated with development.
4. Short term bicycle parking shall be provided in a minimum of two locations; one for
bicyclists entering from Osos Street and one for bicyclists entering from Morro Street.
5. The details of the required lockable private storage areas (minimum of 200 cubic feet per
unit) shall be to the review and approval of the Architectural Review Commission.
6. The down sloping Morro Street driveway slope shall comply with City standard 2130.
7. To ensure pedestrian safety, the driveway exits shall provide a minimum often (10) feet
clear visibility to the sidewalk on both sides of the exit, unobstructed by building corners,
columns or other visual impediments. The distance is measured behind the stop bar and
two feet to the right of the centerline where a driver would be located in a stopped
vehicle.
8. The Drainage Report shall address post - development water quality per City Standard
101013. Details of the passive design concept proposed shall be discussed in an amended
report and shown on plans submitted for final review by the Architectural Review
Commission.
Resolution No. 10011 (2008' :_�.es)
Page 6
9. New curb, gutter and sidewalk will be required along the project frontage on Osos Street
and Morro Street.
10. All wire utilities to the new units shall be underground. No additional utility poles shall
be set in the public right -of -way and no wires shall be extended, across the proposed
project to serve adjacent properties unless otherwise approved to the satisfaction of the
City Engineer and the serving utility companies.
11. The subdivider shall dedicate a 10' wide public utility and street tree easement across the
site frontage on Morro and Osos Streets. Said easements shall be adjacent to and
contiguous with all public right -of -way lines bordering the site.
12. The subdivider shall provide individual electrical, phone, television, natural gas, and
water service and related utility company meters to each unit to the approval of the
affected utility company and the Public Works Director. Sub - metering of the water
services may be allowed upon request and with the approval of the Utilities Director.
13. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and /or its agents, officers and employees from any claim,
action or proceeding against the City and/or its agents, officers or employees to attack, set
aside, void or annul, the approval by the City of this subdivision, and all actions relating
thereto, including but not limited to environmental review.
Code Requirements
The following code requirements are included for informational purposes only. They serve
to give the applicant a general idea of other City requirements that will apply to the project.
This is not intended to be an exhaustive list as other requirements may be identified during
the plan check process.
Long and short-term bicycle parking shall be provided in accordance with City standards.
Bike lockers or interior space within each dwelling unit or accessory structure shall be
provided for the storage of at least two bicycles per dwelling unit. In addition, one short
term bicycle parking space shall be provided for guests of the residential units and a
minimum of three long term parking spaces and two short term parking spaces shall be
provided for the office uses. All bicycle parking shall be located outside of the public
right of way.
2. Any easements including but not limited to provisions for all public and private utilities,
access, drainage, common driveways, and maintenance of the same shall be shown on the
final map or recorded separately prior to map recordation if applicable.
3. A preliminary soils report is required in accordance with the Subdivision Map Act and
the City of San Luis Obispo Subdivision Regulations at the time of final map submittal.
Resolution No. 10011 (2008 aes) 0
Page 7
The report shall be referenced on the final map in accordance with the city's Subdivision
Regulations and the Subdivision Map Act.
Upon motion of Vice Mayor Brown, seconded by Council Member Carter, and on the
following roll call vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 19th day of August 2008.
Mayor David F. Romero
ATTEST:
Audrey Hoop
City Clerk 6
APPROVED AS TO FORM:
iknatWtowell
City Attorney
J �JExhibit IIA tt
city of SM WIS OBISPO
Community Development Department • 919 Palm Street, San Luis Obispo, CA 93401 -3218
Applicant Acceptance of Mitigation Measures
Project: ER 102 -07
1321 and 1327 Osos Street, San Luis Obispo, CA
This agreement is entered into by and between the City of San Luis Obispo and Mission
Medical Partners, on the 04+--, day of J'vne , 2008. The following measures
are included in the project to mitigate potential adverse environmental impacts. Please sign the
original and return it to the Community Development Department.
MITIGATION MEASURES:
AIR QUALITY
1. Temporary impacts from the project, including but not limited to excavation and
construction activities and vehicle emissions from heavy duty equipment have the
potential to create dust and emissions that exceed air quality standards for temporary
and intermediate periods unless the following mitigation measures are incorporated:
a. Construction vehicle speed at the work site must be limited to fifteen (15) miles
per hour or less;
b. Prior to any ground disturbance, sufficient water must be applied to the area to
be disturbed to prevent visible emissions from crossing the property line;
c. Areas to be graded or excavated must be kept adequately wetted to prevent
visible emissions from crossing the property line;
d. Storage piles must be kept adequately wetted, treated with a chemical dust
suppressant, or covered when material is not being added to or removed from
the pile;
e. Equipment must be washed down before moving from the property onto a paved
public road; and
f. Visible track -out on the paved public road must be cleaned using wet sweeping
or a HEPA filter equipped vacuum device within twenty -four (24) hours.
Monitoring Program:
These conditions shall be noted on all project grading and building plans. The applicant shall
present evidence of a plan for complying with these requirements prior to issuance of a grading
or building permit from the City. The applicant shall provide the City with the name and
telephone number of the person responsible for ensuring compliance with these requirements.
The Building Inspector and Public Works Inspectors shall conduct field monitoring.
BIOLOGICAL RESOURCES
2. Trees identified by the Architectural Review Commission to be preserved shall be clearly
marked on grading and construction plans. The applicant shall submit a tree reservation
agreement for review and approval by the Community Development Director. The
agreement shall be secured by a bond in the amount determined by the City Arborist.
The City of San Luis Obispo is committed to Include the disabled in all of Its services, programs and activities.
Telecommunications Devine for the Daaf M51 781.747 n
O ,J
ER 102 -07 � / Exhibit "A A"
Mitigation Agreement
Page 2
Monitoring Program:
Prior to the issuance of a grading permit, the applicant shall submit the required tree
preservation agreement and actively coordinate with the City Arborist during construction
CULTURAL RESOURCES
3. if significant archaeological materials are discovered during grading and construction, all
construction activities that may damage those materials shall immediately cease. The
project sponsor shall then propose specific mitigation based on a qualified
archaeologist's recommendations. The Director shall approve, approve with changes, or
reject the mitigation proposal (if found incomplete, infeasible, or unlikely to reduce
adverse impacts to an acceptable level). If the proposal is approved, the project sponsor
shall implement mitigation, to the satisfaction of the Director. A copy of the
archaeologist's recommendations and the Director's decision will be forwarded to the
Cultural Heritage Committee. If grading results in the uncovering of artifacts, then
standard mitigation would be followed..
Monitoring Program:
Requirements for cultural resource mitigation shall be clearly noted on all plans for project
grading and construction.
HAZARDS AND HAZARDOUS MATERIALS
4. If further contamination is encountered with site grading activities, then work shall cease
until the City's Hazardous Material Coordinator has been notified and had the opportunity
to consult with other affected parties and appropriate governmental agencies to
determine any necessary next steps.
Monitoring Program:
The City's Hazardous Material Coordinator shall be the lead in reviewing any subsequent
studies necessary and assuring that any related site clean -up has taken place.
TRANSPORTATION/TRAFFIC
5. To provide for adequate sight distance for the Morro Street access, on- street parking
shall be eliminated within 25 feet of the project driveway to the north and within 50 feet to
the south.
6. The applicant shall install additional "Cross Traffic Does Not Stop" signs on the back of
the existing stop signs at the intersection of Morro and Pacific Streets to reinforce the
message of the two -way stop controls.
Monitoring Program:
Compliance with the required mitigation measures shall be reflected on the plans for project
grading and construction and shall be completed to the satisfaction of the Public Works Director
prior to City issuance of a certificate of occupancy for the project.
ER 102-07 Exhibit "N'
Mitigation Agreement
Page 3
The above mitigation measures are included in the project to mitigate potential adverse
environmental impacts. Section 15070(b)(1) of the California Administrative Code requires the
applicant to agree to the above mitigation measures before the proposed Mitigated Negative
Declaration is released for public review. The Architectural Review Commission through final
review of project plans, and City staff will review detailed project plans through building and
grading plan checks, and occupancy release inspections, to accomplish compliance with these
mitigation measures as discussed in detail in the monitoring programs above.
If the Community Development Director or hearing body determines that the above mitigation
measures are ineffective or physically infeasible, he may add, delete or modify the mitigation to
meet the intent of the original measures.
Please note that section 15070 (b) (1) of the California Administrative Code requires the
applicant to agree to the above mitigation measures before the proposed Mitigated Negative
Declaration is released for public review. This project will not be scheduled for public
review and hearing until this signed original is returned to the Community Development
Department.
Doug Davidson Date
Deputy Community Development Director
•74re 1:MIR .
�' o
Exhibit B
Land Use Element Map Amendment (GP/R 102 -07)
Oi
0 _ p
3_ 3'
Existing Land Use Proposed Land Use
Medium -High Density Residential
Office
RESOLUTION NO. 10010A (2008 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND MODIFYING THE HEALTH CONTRIBUTION FOR THE CITY'S
CONFIDENTIAL EMPLOYEES
WHEREAS, the City of San Luis Obispo has designated the Executive Assistant to the
City Administrative Officer, the Executive Assistant to the Director of Human Resources, the Legal
Assistant/Paralegal and the Human Resources Specialist as confidential employees pursuant to the
Government Code; and
WHEREAS, confidential employees are precluded from collective bargaining and
therefore are not governed by a collective bargaining agreement; and
WHEREAS, the wages, hours and other terms and conditions of employment for
confidential employees are established by resolution; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby revises the confidential health insurance contribution as follows:
SECTION 1. Effective December 2008 for the January 2009 premium the City's
contribution to the Cafeteria Plan will be set using the procedure outlined below.
Within 30 days of receipt of health insurance premiums from medical, dental, and vision
insurance providers, the City will set the cafeteria contribution using the following methodology.
One hundred percent of the combined premiums for the lowest cost Health Maintenance
Organization (HMO) medical plan available in San Luis Obispo County to employees covered by
this resolution, the Dental Preferred Option (DPO) dental plan, and the vision plan; but not less
than 80% of the combined premiums for the lowest cost Preferred Provider Option (PPO)
medical plan available in San Luis Obispo County to employees covered by this resolution, the
DPO dental plan, and the vision plan.
New confidential employees (hired on or after September 1, 2008) who elect not to be covered
under a City medical plan will receive a $200 cafeteria contribution. Confidential employees
hired prior to August 31, 2008 who opt out of the City medical plan will receive $790 per month
unless they choose to enroll themselves and /or their dependents in a City provided medical plan.
At that time, they will receive the greater of $790 per month or the current cafeteria contribution.
SECTION 2. All other compensation and benefits afforded confidential employees
under Resolution No. 9833 (2006 Series) and not superseded by the above, shall remain in full
force and effect.
SECTION 3. The Finance Director shall adjust the Personnel Services appropriation
R 10010A
`3
Resolution No. 10010A (2008 Series)
Page 2
accounts to reflect the health insurance contribution changes.
Upon motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Carter and Mulholland, Vice Mayor Brown and Mayor Romero
NOES: Council Member Settle
ABSENT: None
The foregoing resolution was adopted this 19th day of August 2008.
Mayor David F. Romero
ATTEST:
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
tonathadP. Lowell
City Attomey
/ I J
RESOLUTION NO. 10010B (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE HEALTH INSURANCE CONTRIBUTION FOR APPOINTED
OFFICIALS AND MANAGEMENT EMPLOYEES
WHEREAS, the City Council is committed to a comprehensive policy that strengthens the
recruitment and retention of well qualified and effective appointed officials and management
personnel; and
WHEREAS, the City Council wishes to provide an appropriate health insurance
contribution for its management personnel; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby revises the management health insurance contribution as follows:
SECTION 1. Effective December 2008 for the January 2009 premium the City's
contribution to the Cafeteria Plan will be set using the procedure outlined below.
Within 30 days of receipt of health insurance premiums from medical, dental, and vision
insurance providers, the City will set the cafeteria contribution using the following methodology.
One hundred percent of the combined premiums for the lowest cost Health Maintenance
Organization (HMO) medical plan available in San Luis Obispo County to employees covered by
this resolution, the Dental Preferred Option (DPO) dental plan, and the vision plan; but not less
than 80% of the combined premiums for the lowest cost Preferred Provider Option (PPO)
medical plan available in San Luis Obispo County to employees covered by this resolution, the
DPO dental plan, and the vision plan.
New employees (hired on or after September 1, 2008) who elect not to be covered under a City
medical plan will receive a $200 cafeteria contribution. Employees hired prior to August 31,
2008 who opt out of the City medical plan will receive $790 per month unless they choose to
enroll themselves and/or their dependents in a City provided medical plan. At that time, they
will receive the greater of $790 per month or the current cafeteria contribution.
SECTION 2. All other compensation and benefits afforded appointed officials and
management employees under Management Compensation Resolution No. 9892 (2007 Series)
and not superseded by the above, shall remain in full force and effect.
SECTION 3. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the health insurance contribution changes.
R 10010B
l�
Resolution No. 10010B (2008 Series)
Page 2
Upon motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Carter and Mulholland, Vice Mayor Brown and Mayor Romero
NOES: Council Member Settle.
ABSENT: None
The foregoing resolution was adopted this 19th day of August, 2008.
Mayor David F. Romero
ATTEST:
v
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
J nath . Lowell
City Attorney
V
,J
RESOLUTION NO. 10009 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING AN AMENDMENT TO THE MEMORANDUM
OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE
SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION FOR THE PERIOD OF
JANUARY 1, 2006 — DECEMBER 31, 2009
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Amendment to the Memorandum of Agreement between the City of
San Luis Obispo and the San Luis Obispo City Employees' Association, attached hereto as
Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated health insurance contribution changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Amendment approved by it to: Ron Faria, San Luis Obispo City Employees
Association President and Monica Irons, Director of Human Resources.
Upon motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Carter and Mulholland, Vice Mayor Brown and Mayor Romero
NOES: Council Member Settle
ABSENT: None
The foregoing resolution was adopted this 19th day of August, 2008.
Mayor David F. Romero
ATT $T:
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
Jo than P. owell
City'Att6ffiey
1 11119
0
Exhibit A
AMENDMENT TO THE JANUARY 1, 2006 THROUGH DECEMBER 31, 2009
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND
THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION
A. PURPOSE OF THIS AMENDMENT
The City and Association agree to modify Article 16, Insurance and Refund, Section A.
Contribution of the 2006 -2009 Memorandum of Agreement (MOA) as follows:
Effective December 2008 for the January 2009 premium the City's contribution to the
Cafeteria Plan will be set using the procedure outlined below.
Within M days of receipt of health insurance premiums from medical, dental, and vision
insurance providers, the City will set the cafeteria contribution using the following
methodology:
One hundred percent of the combined premiums for the lowest cost Health Maintenance
Organization (HMO) medical plan available in San Luis Obispo County to employees
covered by this MOA, the Dental Preferred Option (DP O) dental plan, and the vision plan;
but not less than 80% of the combined premiums for the lowest cost Preferred. Provider
Option (PPO) medical plan available in San Luis Obispo County to employees covered by
this MOA, the DPO dental plan, and the vision plan.
New employees (hired on or after September 1, 2008) who elect not to be covered under a
City medical plan will receive a $200 cafeteria contribution. Employees hired prior to
August 31, 2008 who opt out of the City medical plan will. receive $790 per month unless
they choose to enroll themselves and /or their dependents in a City provided medical plan. At
that time, they will receive the greater of $790 per month or the current cafeteria
contribution.
This methodology will be reviewed at expiration of this contract and the City's commitment
to continue this methodology will be subject to review and further negotiation.
This amendment confirms the agreement of the parties to modify the MOA. Except as
modified above, all other terms and conditions shall remain in full force and effect. .
Amendment To 2006 -09 Memmoorandum of Agreement Exhibit A
City of San Luis Obispo City Employees' Association Page 2 of 2
CITY OF SAN LUIS OBISPO
u '
Monica M. Irons, Human Resources Director
SAN LUIS OBISPO CITY EMPLOYEES'
ASS CIATIOnnN
Paul Bechely, SLOCEA Consult
Ron Faria, President
Other SLOCEA Negotiating Team Members
Ed Humphrey
Madelyn Paasch
Randy Stevenson
Greg Zocher
C:\Documents and Settings \New User \Local Settings \Temporary Internet
Files\Content.IE5\OEI7U 1 IS\Exhibit A SLOCEA.doc
� C
RESOLUTION NO. 10008 (2008 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING PROPOSALS BY STATE GOVERNMENT TO BORROW OR
CONVERT LOCAL GOVERNMENT, REDEVELOPMENT AND
TRANSPORTATION FUNDS IN ORDER TO TEMPORARILY BALANCE THE
STATE BUDGET
WHEREAS, on July 1, 2008 the State Legislature missed its Constitutional
budget adoption deadline; and
WHEREAS, both the Governor and the Legislative Budget Conference
Committee have recommended balanced budgets without resorting to "loans" or seizures
of local government property tax, redevelopment tax increment and transportation sales
tax funds; and
WHEREAS, in 1952 the voters of California approved Article XVI, Section 16
of the California Constitution, providing for tax increment financing for community
revitalization — not for balancing the state budget — and such action of the voters never
authorized the legislature to take or "borrow" community redevelopment funds for state
programs; and
WHEREAS, in 2004 by an 84% margin of approval the voters of California
approved Proposition IA and sent a clear and unambiguous message to state leaders that
they should stop the destructive and irresponsible practice of taking local government
funds to finance the state budget and temporarily balance the state deficit; and
WHEREAS, in 2006 by a 77% margin of approval the voters of California also
approved Proposition IA, providing similar protections for transportation funding for
state and local transportation projects, including important municipal street maintenance
and public transit programs; and
WHEREAS, both ballot measures allow the Governor to declare a "severe state
of fiscal hardship" and "borrow" these funds if they are repaid in three years with
interest, but the Governor believes it would be irresponsible to borrow such funds right
now because it would deepen the state's structural deficit and cripple local government
and transportation services; and
WHEREAS, refusal by the Legislature to carryout its constitutional obligation to
compromise on a balanced budget is not a "severe state of fiscal hardship" and would not
justify reductions in critical local services, community revitalization programs and
infrastructure maintenance at a time when cities are struggling to balance their own
budgets during an economic down turn; and
R 10008
Resolution No. 10008 (1-008 Series)
Page 2
WHEREAS, the Legislature should balance the state budget utilizing state
revenues and respect the overwhelming support of California voters for not using local
property taxes, redevelopment tax increment and transportation sales tax funds to fund
the day -to -day operating cost of state programs; and
WHEREAS, it would be fiscal irresponsibility to temporarily support the
structural deficit at the state level with more borrowing; and
WHEREAS, it is time for the state of California to cut up its "local government
credit cards" and deal with the budget deficit in a straightforward way; and
WHEREAS, California voters are counting on state leaders to balance the state
budget using state funds;
NOW, THEREFORE, BE IT RESOLVED, that the City of San Luis Obispo
hereby declares that it:
1. Opposes efforts by state government to borrow or otherwise
convert local tax funds, redevelopment tax increment or
transportation sales tax proceeds to balance the state budget and
finance state operations; and
2. Believes any such actions would be fiscally irresponsible for the
state and would substantially negatively impact local government
services and infrastructure investments.
BE IT FURTHER RESOLVED that the City Clerk is hereby directed to send a
copy of this resolution, expressing the City Council's strong opposition to the borrowing
or conversion of local government funds for state government purposes, to the Governor
and appropriate state legislators.
On motion of Vice Mayor Brown, seconded by Council Member Mulholland, and
on the following vote:
AYES: Council Members Carter, Mulholland and Settle, Vice Mayor
Brown, and Mayor Romero
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 19th day of August 2008.
David F. Romero, Mayor
R 10008
Resolution No. 10008 �008 Series)
Page 3
A EST:, .
Audrey oper
City Cle
APPROVED AS TO FORM:
Jona P. Lowell
Attorney
R 10008