HomeMy WebLinkAbout8550-8563RESOLUTION NO. 8563 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE
STANDARD SPECIFICATIONS FOR CONSTRUCTION
WHEREAS, the Public Works Department is responsible for maintaining Standard
Specifications establishing quality requirements and contract conditions for construction; and
WHEREAS, the Standard Specifications must be periodically updated to allow for
changes in construction practices and contract law; and
WHEREAS, legally adopted Standard Specifications are necessary to provide "design
and plan immunity" thereby protecting the City from possible liability,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby:
Approves the revised City Standard Specifications, and
2. Rescinds Resolution No. 8168 (1993) Series which approved the prior set of
Standard Specifications.
Upon motionof Vice Mayor Williams ,secondedby Council Member Smith
and on the following roll call vote:
AYES: Council Members Roalman, Romero, Smith,. Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 16 day of
ATTEST:
ty
APPROVED AS TO FORM:
Ar
Mayor Allen Settle
1996.
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RESOLUTION NO. 8562(1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO RECOGNIZING THE CITY AS A TRANSPORTATION PARTNER
WITH THE LOCAL GOVERNMENT COMMISSIONS CENTER FOR LIVABLE
COMMUNITIES
WHEREAS, the current patterns of land use in many communities have increased our
dependence on the automobile and are largely responsible for the 2% annual increase in vehicle
miles traveled in the U.S.; and
WHEREAS, this dependence on the automobile results in increased pollutant emissions,
the loss of precious open space, the need for building and extending costly roads and public
services, the inequitable distribution of economic resources, and the loss of a sense of
community; and
WHEREAS, appropriate mixed use, transit, bicycle and pedestrian- oriented development
and redevelopment can reduce auto dependency and vehicle miles traveled, and create more
livable and resource efficient communities; and
WHEREAS, the City of San Luis Obispo has been identified by the Local Government
Commission's Center for Livable Communities as contributing to its juridiction's environment,
economic health and sense of community by adopting land use policies which encourage transit;
bicycle and pedestrian- oriented development and redevelopment; and
WHEREAS, the Center for Livable Communities provides assistance to cities and counties
through the U.S. Environmental Protection Agency's Transportation Partners program; and
WHEREAS, the Transportation Partners program supports community transportation
solutions across the country through information services, technical assistance, and recognition;
and
WHEREAS, cities and counties that participate in the Transportation Partners program
receive recognition and support for their efforts to improve their land use patterns and reduce
their residents' dependence on the automobile; and
WHEREAS, the Center for Livable Communities would like to recognize the City of San
Luis Obispo as one of its Transportation Partners, which comes without cost to the participating
jurisdiction.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby agrees to become a Transportation Partner with the Local Government
Commission's Center for Livable Communities.
R8562
Resolution No. 8562 Series) O
Page 2
Upon motion of vice Mayor W;11;amG secondedby Council Member Smith
and on the following roll call vote:
AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 16
ATTEST:
B;knieZ. f
APPROVED AS TO FORM:
•��LL/�I iri t
day of July . 1996.
Mayor Allen ..K. Settle
RESOLUTN.TEM
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RESOLUTION NO. 8561(1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO IldPLEMENTING THE PRE -TAX PAYROLL DEDUCTION
PLAN FOR SERVICE CREDIT PURCHASES (CONTRIBUTION CODE 14)
WHEREAS, the Board of Administration of the California Public Employees' Retirement
System (CalPERS) at the April 1996 meeting approved a pre -tax payroll deduction plan for
service credit purchases under Internal Revenue Code (IRC) section 414 (h)(2); and
WHEREAS, the City of San Luis Obispo has the authority to implement the provisions
of IRC section 414 (h)(2) and has determined that even though implementation is not required
by law, the tax benefit offered by this section should be provided to those employees who are
members of CalPERS; and
WHEREAS, the City of San Luis Obispo elects to participate in the pre -tax payroll
deduction plan for all employees in the miscellaneous and safety CalPERS coverage groups.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby resolves:
SECTION 1. That the City of San Luis Obispo will implement the provisions of IRC
section 414 (h)(2) by maldng employee contributions for service credit purchases pursuant to the
California State Government Code on behalf of its employees who are members of CalPERS and
who have made a binding irrevocable election to participate in the pre-tax payroll deduction
plan. "Employee contributions" shall mean those contributions reported to CalPERS which are
deducted from the salary of employees and are credited to individual employee accounts for
service credit purchases thereby resulting in tax deferral of employee contributions.
SECTION 2. That the contributions made by the City of San Luis Obispo to Ca1PERS,
although designated as employee contributions, are being paid by the City of San Luis Obispo
in lieu of contributions by the employees who are members of CalPERS.
SECTION 3, That the employees shall not have the option of choosing to receive the
contributed amounts directly instead of having them paid by the City of San Luis Obispo to
CalPERS.
SECTION 4. That the City of San Luis Obispo shall pay to CalPERS the contributions
designated as employee contributions from the same source of funds as used in paying salary,
thereby resulting in tax deferral of employee contributions.
SECTION 5. That the effective date for commencement of the pre -tax payroll deduction
plan cannot be any earlier than July 1, 1996, or the date the completed resolution is received and
approved in CalPERS, whichever is later.
R8561
Resolution No. 8561 Series)
Page 2
SECTION 6. That the governing body of the City of San Luis Obispo shall participate
in and adhere to requirements and restrictions of the pre -tax payroll deduction plan by reporting
pre -tax payroll deduction when authorized by Ca1PERS for those employees of the above stated
Coverage Groups who have elected to participate in this plan.
Upon motion of vice Mayor Williams seconded by
Council Member Smith , and on the following roll call vote:
AYES: Council Members Smith, Roalman, Romero, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 16 day of July , 1996.
ATTEST:
�rrire.cC
Ci Clerk Bo ie Gawf Ma or Allen Settle
APPROVED AS TO FORM:
FOR CALPERS USE ONLY
Pre -tax Payroll Deduction .Plan Effective Date:
Approved By: Title:
MEMBER SERVICES DIVISION, Service Credit - Unit 830
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RESOLUTION NO. 8560 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A NEGATIVE DECLARATION
AND AMENDING THE WATER MANAGEMENT AND LAND USE
E
ELEMENTS OF THE GENERAL PLAN
WHEREAS, the Planning Commission conducted a public hearing on June 12, 1996 and
recommended approval of amendments to the City's Water Management and Land Use Elements
of the General Plan; and
WHEREAS; the City Council conducted a public hearing on July 2, 1996 and has
considered testimony of other interested parties, the recommendation and records of the Planning
Commission hearing and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff and reviewed and recommended for adoption by the
Planning Commission; and
WHEREAS, the City Council, after considering the draft documents and staff's analysis,
the Planning Commission's recommendations, and public testimony, finds that the amended
sections are consistent with the General Plan.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby approves:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration adequately addresses the potential significant environmental impacts of the proposed
text amendment to the Water Management and Land Use sections of the General Plan, and
reflects the independent judgement of the City Council. The Council hereby adopts said
Negative Declaration.
SECTION 2. Policy 8.3 of the Water Management Element and Policy 1.13.4 of the
Land Use Element are hereby amended to allow 300 acre feet of water reserved for
intensification and infill within the existing City limits to be used for new annexation areas
(specific changes shown in Exhibit A to this resolution).
SECTION 3. Policies 1. 2, 11, 8.4, and 10.2 through 10.6 of the Water Management
Element are hereby amended to account for reclaimed water as a new source of supply and
credited towards safe annual yield (Exhibit A).
SECTION 4. Policy 9.1 of the Water Management Element is hereby amended to clarify
when private wells can be used to reduce or eliminate the need for a water allocation to serve
a project (Exhibit A).
R8-%b;-
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Resolution No: 85 60 (1996 Series)
Page 2
Upon motion of Council Member Romero ,seconded by
Council Member Williams , and on the following roll call vote:
AYES: Council Members Romero, Smith, Williams
NOES: Council Member. Roalman, Mayor Settle
ABSENT: None
the foregoing resolution was adopted this Z day of July ,
1996.
ATTEST:
_ a
Asstt✓ity 9kerk im Condon P.4ayor Xllen Settle by Vice Mayor Dodie Williams
APPROVED AS TO FORM:
0 0 Exhibit A
WATER SECTION
_SAFE ANNUAL YIELD
POLICIES
1.1. Basis for Planning
The City will plan for future development and for water supplies based on the amount of water
which can be supplied each year, under critical drought conditions. This amount, called "safe
annual yield will be formally adopted by the Council. Thesafe annual yield determination will
be revised as significant new information becomes available, and as water sources are gained
or lost. The determination will consider a staff analysis, which will recommend an amount
based on coordinated use of all water sources. Each change to safe annual yield will be
reflected in an amendment of this Plan.
1.1 Safe Yield Amount
The City's safe annual yield of water is 7,735 acre -feet, based on 7,235 acre -feet from
the coordinated operation of Salinas Reservoir and Whale Rock Reservoir, and 500 acre -feet of
groundwater.
1.3 Groundwater
A. The amount of groundwater which the City will rely upon towards safe annual yield is
identified in Section 1.2. The City will maximize the use of groundwater in conjunction
with other available water supplies to maximize the yield and long term reliability of all
water resources and to minimize overall costs for meeting urban water demands. The
City shall monitor water levels at the well sites to determine whether reduction or
cessation of pumping is appropriate when water levels approach historic low levels.
B. The City will not compete with local agricultural use of groundwater outside the urban
reserve line or damage wildlife habitat through reduced natural stream flows in obtaining
long -term sources of water supply.
BACKGROUND
Safe annual yield is the amount of water that can reliably be produced by the City's water supply
to meet the water demand. It is estimated by simulating the operation of the City's water supply
sources over an historical period to determine the maximum level of demand which could be met
during the most severe drought for which records are available.
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from the average per capita use recorded in 1986 -87 is used for planning for future water
conservation programs as well as future water supply needs.
Because of the experience during the drought of 1986 to 1991, the City has developed a short
term plan to deal with immediate water shortages and has recognized the importance of water
efficiency by supporting long term programs. The City will reevaluate and update its water
conservation efforts in response to changing water demand, supplies, technology and economic
conditions.
WATER DEMAND PROJECTIONS
POLICIES
3.1 Basis of Projections
The City will project water requirements, considering long -term conditions and the full
of water uses in the City.
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3.2 Water Use Rate
The City shall use 145 gallons per person per day (this equates to Approximately 0. 162 acre -foot
per person per year) and the number of City residents to plan total projected future water
demand. This quantity will be revised if warranted by long -term water use trends, including
differences in the relationship between residential and nonresidential usage. (Throughout this
Plan, 145 gallons per person per day is used in computations of future water demand.)
3.3 Overall Projected Demand
Applying 145 gallons per person per day to a projected City resident population of about 56,000
at General Plan build -out results in a projected water demand of 9,096 acre -feet per year
(excluding demand from the Cal Poly campus, which has separate entitlements).
3.4 Present Water Demand
Present water demand shall be calculated by multiplying the water use identified in Section 3.2
by the current city population (as determined by the California Department of Finance,
Population Research Unit).
BACKGROUND
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yields due to siltation and (B) one -half to development, subject to the requirements in
Section 8.3, "Reserve for Intensification and Infill ".
C. Until all toilet and showerhead fixtures in the City are replaced with low flow toilet and
showerhead fixtures, the amount by which safe annual yield (Section 1.2) exceeds present
demand resulting from the assumption that 100% of the retrofit is complete (Section 3.4),
shall not be made available to development.
8.3 Reserve for Intensification and Infill Development
8.5 Private Water Supplies
When developments are supplied by private groundwater wells, the yield of those wells will not
be counted toward the City's safe annual yield. Such yield, however, will result in the demand
for City water supplies being lower than it otherwise would be, which may necessitate
adjustments of the per capita water usage figure used to estimate overall demand.
BACKGROUND
The City has pursued numerous water supply projects over the years. (These projects are
discussed in Chapter 3 of the Urban Water Management Plan.) This part of the element
addresses allocation of these supplies once the yields from projects are realized. The City has
identified these potential uses for new supplies:
• Eliminating any deficit between adopted planning figures and safe annual yield;
• Compensating for reduced yields due to reservoir siltation;
• Establishing a reliability reserve;
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8.5 Private Water Supplies
When developments are supplied by private groundwater wells, the yield of those wells will not
be counted toward the City's safe annual yield. Such yield, however, will result in the demand
for City water supplies being lower than it otherwise would be, which may necessitate
adjustments of the per capita water usage figure used to estimate overall demand.
BACKGROUND
The City has pursued numerous water supply projects over the years. (These projects are
discussed in Chapter 3 of the Urban Water Management Plan.) This part of the element
addresses allocation of these supplies once the yields from projects are realized. The City has
identified these potential uses for new supplies:
• Eliminating any deficit between adopted planning figures and safe annual yield;
• Compensating for reduced yields due to reservoir siltation;
• Establishing a reliability reserve;
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• Providing for water requirements for future development within the urban reserve area
designated in the General Plan;
• Providing water for habitat management.
Allocation of new supplies can balance the needs of all areas identified while not compounding
the potential water shortage problems for existing City water customers.
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Table 8 shows the amount of water required to
support build -out within the July 1994 city limits and the amount of water available for
annexation areas, available through retrofit savings.
......................
4�VAii�. AT A ) I . �LG
t1ND A�A�ILABT.� lF'dR ANI�i�'XATit�l�l AREAS
The adoption of 145 gallons /per person /per day as a water supply planning figure would indicate
water is available for development, eliminating the need for retrofitting. Since the 145
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gallons /per person/per day assumes that the retrofit component of the water conservation
program is 100% complete (approximately 43% was completed as of July 1994), new
development will continue to retrofit until the City is completely retrofitted or construction is
initiated for a new water supply project.
WATER ALLOCATION AND OFFSETS
POLICIES
9.1 Exemptions for Offsets
A. When there is no safe yield to allocate to a project, that project may be built if the developer
makes changes, in facilities served by the City, which will reduce long -term water usage
equal to twice the allocation required for the project, consistent with the policies in Section
8.
. -. -. - -- . -_ . .. .. ... ilil� 11i . low
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The City Council approves the well proposal as part of a specific land development
project approval, and the proposed well system meets all City standards;
A qualified, independent, hydrological investigation demonstrates that the well(s) reliably
can provide sufficient quality and quantity of water for the proposed land development
project and will not impact the yields from City wells.
9.2 Basis for Allocations and Offsets
Required allocations and offsets will be based on long -term usage for each type of development.
(These use and offset factors will be determined and published by the City, and may be revised,
as warranted, by new information.)
BACKGROUND
In 1988, the City began to formally account for long -term water usage in new development.
The allocations have been based on histories of water usage for various kinds of development.
At first, the City decided to allocate some water for new land development projects even though
city-wide water usage exceeded safe yield. As the 1986 -1991 drought continued, and the
projected completion of proposed supplemental supply projects moved farther into the future,
the City decided that there should be no new development that would increase water usage. As
a result, nearly all construction since 1990 has been:
■ Replacement buildings, using the same or less water;
■ Additions or remodels which do not substantially affect water. usage; and
Projects which have retrofitted facilities served by the City, to save (offset) twice the amount
of water which would be allocated to the project. Installation of low -flow toilets,
showerheads, and faucets have accounted for most of the offset credit. Substantial credits
were also earned by installing water recycling equipment in businesses.
Also, a few relatively small projects were able to do little or no retrofitting because they were
supplied with groundwater through private wells. Some projects have utilized more than one
of these strategies to proceed despite the lack of water allocations.
RECLAIMED WATER
POLICIES
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10.1 Reclaimed Water Quality
The City will produce high quality reclaimed water, suitable for a wide range of nonpotable
uses.
10.2 Use of Reclaimed Water
The City will make available reclaimed water to substitute for existing potable water uses as
allowed by law and to supply new nonpotable uses.
10.3 Accounting for Reclaimed Water
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BACKGROUND
Reclaimed water is highly treated wastewater (sewage) which can be used for most nonpotable
purposes. The City's Water Reclamation Facility (formerly known as the Wastewater Treatment
Plant) has been upgraded to the point the effluent can be used directly for landscape and
agricultural irrigation and other uses such as industrial processes and toilet flushing in certain
types of buildings.
Most. treated effluent, in the past, has been discharged to San Luis Obispo Creek: A small
amount of effluent has been used at the treatment plant site for landscape irrigation. Reclaimed
water will be used for additional landscape irrigation at the Water Reclamation Facility and on
City-owned land in the vicinity, and for ponds to benefit wildlife.
Use of reclaimed water beyond the treatment plant area will require a distribution system
separate from other water lines. Reclaimed water can be used to supply nonpotable uses in new
development and to offset potable uses in existing development. These potential uses require
a deliberate method to account for reclaimed water use, consistent with policies concerning total
water requirements and other water sources.
Long -term funding for the necessary reclaimed water distribution system is expected to come
from charges for the use of reclaimed water. Initial expenses may be funded from bonds, low -
interest State loans, and developer contributions.
WATER SERVICE WITHIN THE CITY
POLICY
11.1 Water Service within the City
The City will be the only purveyor of water within the City.
BACKGROUND
Historically, the City has been the sole water purveyor within the City limits. This allowed the
City to maintain uniformity of water service and distribution standards, and to be consistent in
developing and implementing water policy. In continuing to be the sole water purveyor, the
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RESOLUTION NO. 8559- (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT
MAP FOR 1772 CALLE JOAQUIN (GPIR 31 -96)
WHEREAS, the Planning Commission conducted a public hearing on June 12, 1996, and
recommended approval of amendments to the General Plan Land Use Element; and
WHEREAS, the City Council conducted a public hearing on July 2, 1996, and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed map amendment is consistent with
the policies of the General Plan; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission (ER 31 -96).
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby takes the following actions:
SECTION 1. The City Council finds and determines that the project's Negative Declaration
adequately addresses the potential significant environmental impacts of the proposed map
amendment, and reflects the independent judgement of the City Council. The Council determines that
amendment of the Land Use Map without a corresponding amendment to the text policies as
discussed in the original initial study will not result in any significant impacts. The Council hereby
adopts said Negative Declaration.
SECTION 2. The Land Use Element map is amended, to redesignate about 2.7 acres from
Tourist Commercial to Office, as shown in Exhibit A, attached.
SECTION 3. The Community Development Director shall cause the amendment to be
reflected in documents which are on display in City Hall and which are available for public use.
SECTION 4. This amendment shall take affect at the expiration of 30 days following
approval.
R855 9
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Resolution No. 8559
Page 2
Upon motion of Councilman Roalman , seconded by Councilman Romero , and on the
following roll call vote:
AYES: Council members Roalman, Romero, Smith, Williams, and Settle.
NOES: none
ABSENT: none
the foregoing resolution was adopted this 2nd day of July , 1996.
APPROVED AS TO FORM:
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MAYOR ALLEN K. SETTLE by VICE MAYOR DODIE
WILLIAMS
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Resolution No. 8559 (1996 Series) EXHIBIT A
Land Use Element Map Amendment
GP 31 -96
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Amend Land Use Map
TOURIST COMMERCIAL to OFFICE
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RESOLUTION NO. 8558 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP
FROM MEDIUM- DENSITY RESIDENTIAL TO OFFICE
FOR PROPERTY LOCATED AT 1318 PACIFIC STREET
(GP /R 33 -96)
WHEREAS, the Planning Commission conducted a public hearing on May 8, 1996, and
recommended approval of an amendment to change the designation on the City's Land Use
Element map from Medium- Density Residential to Office for property located at 1318 Pacific
Street; and
WHEREAS, the City Council conducted a public hearing on, July 2, 1996, and has
considered testimony of the applicant, interested parties, the records of the Planning Commission
hearing and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed general plan amendment is
consistent with the General Plan and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council finds and determines that
the project's Negative Declaration adequately addresses the potential significant environmental
impacts of the proposed general plan map amendment, and reflects the independent judgement of
the City Council. The Council hereby adopts said Negative Declaration and incorporates the
following mitigation measures into the project:
R8558
City Council Resolution No. 8558 (1996 Series)
Page 2
1. The proposal shall be modified to rezone the site O -S. The existing zoning
regulations require the processing of an administrative use permit when a residence
is converted into an office. However, the rezoning cannot be conditioned to
require the retention of the apartment unit. With the "S" overlay zone, the special
consideration for the site can be documented to provide direction with the review
of the use permit that an apartment needs to be retained with the conversion of the
house into an office.
2. Through the required architectural review process, site development plans shall be
reviewed to evaluate parking lot development and landscaping plans for buffering
and screening between the project site and adjoining lots.
3. Parking lot lighting shall be designed to be directed downward and not cast glare
onto adjacent properties. The specific design of lighting shall reviewed through the
required architectural review process, with special attention given to the height and
type of lighting fixtures.
SECTION 2. Findings. That this Council, after consideration of the proposed
amendment to the City's Land Use Element map from Medium- Density Residential to Office for
property located at 1318 Pacific Street, makes the following findings:
The proposed general plan amendment will not be detrimental to the health, safety or
welfare of persons residing or working in the vicinity because the proposed
combination of residential and office uses will not result in significant physical changes
to the environment.
2. The proposed general plan amendment is consistent with. the goals and policies of the
General Plan, given that residential use will be retained at the property with the
inclusion of a two - bedroom apartment on the second floor (no net loss in housing
units), and the project will not significantly increase traffic in residential areas with
.access to the proposed parking lot from the arterial street Johnson Avenue.
3. The proposed development of the site is appropriate and will be compatible with
surrounding land uses because site changes to accommodate the office use with
apartment can be adequately evaluated and regulated with the required processing of
an administrative use permit and architectural review.
City Council Resolution No. 8558 (1996 Series)
Page 3
4. The project site is immediately adjacent on its north and west sides to existing office
zones, and its location is on the periphery of downtown generally meets criteria for
the location of professional office uses.
.5. The loss in residential development capacity with redevelopment would be
insignificant when considered from a citywide perspective, given the relatively small
size of the site (6,500 square feet).
6. There is not a comparable site which would accommodate the expansion needs of this
particular business, given their present location and investment in this site.
7. There is a significant need to attempt to accommodate existing businesses with links
to the downtown and government center, like law offices, in areas within walking
distance of downtown.
8. The project involves the rehabilitation of the existing house, rather than the demolition
and development of a new building, which is consistent with general plan policies.
9. A Mitigative Negative Declaration was prepared by the Community Development
Department on April 24, 1996, which describes significant environmental impacts
associated with project development. The Negative Declaration concludes that the
project will not have a significant adverse impact on the environment subject to the
mitigation measures shown in the attached initial study ER 33 -96 being incorporated
into the project.
SECTION 3. Approval. The request to amend the City's Land Use Element map from
Medium - Density Residential to Office, for property located at 1318 Pacific Street, is hereby
approved.
SECTION 4. Adoption.
1. The Land Use element map is hereby amended as shown in Exhibit "A ".
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.
City Council Resolution No. 8558 (1996 Series)
Page 4
On motion of Council Member Smith seconded by Council Member Romero
and on the following roll call vote:
AYES: Council Member Romero, Smith, Williams, Mayor Settle
NOES: Council Member Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 2 day of 1996.
JAY ALLEN K. SETTLE by VICE MAYOR
DODIE WILLIAMS
ATTEST:
Asst 0# Clerk`TMm- Condon
APPROVED:
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General Retail �
Land Use
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EXHIBIT A
Neighborhood
Commercial 4
Z
-E- Office
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,E- Change map designation from
Medium Density Residential , N
Ito Office .....
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Medium Density Residential
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Zoning R -2 =Medium Density Residential 0 = Office C-N =Neighborhood Commercial
EXHIBIT A -LAND USE AND ZONING
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RESOLUTION NO. 8557 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY. OF
SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S
DENIAL OF A USE PERMIT FOR A WAREHOUSE GROCERY STORE
AT 154 SUBURBAN ROAD (A 6 -96)
WHEREAS, the Planning Commission conducted a public hearing on May 8, 1996 and
denied a use permit for application A 6 -96; and
WHEREAS, the City Council conducted a public hearing on July 2, 1996 and has
considered testimony of other interested parties, the records of the Planning Commission hearing
and action, and the evaluation and recommendation of staff,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby upholds the appeal of the Planning Commission's action to deny a use permit for
a grocery store at 154 Suburban Road (A 6 -96), and approves the use permit based on the
following finding(s):
SECTION 1. Finding(s).
Food 4 Less is more of a warehouse store in character than a neighborhood-
commercial center and is therefore consistent with General Plan Land Use Element
Policy 3.5.2(C).
2. Warehouse stores are an allowable use in the C -S zone.
3. Food 4 Less has more of a regional serving character than a neighborhood -
commercial center and is consistent with General Plan Land Uses Element Policy
3.5.1.
SECTION 2. Environmental Determination.
1. Mitigation measures established for the Annexation and Prezoning (ER 53 -94) and
Tract 2202 (ER 74-95) and the Circulation Element EIR ,adequately address
potential environmental impacts resulting from construction and operation of a
grocery store as part of a neighborhood commercial center at this location.
10557
Resolution No. 8557
Appeal A 6-96
Page 2
SECTION 3. Conditions.
J
1. Provide a greater setback along the Suburban Road and Higuera Street frontages
with berms and landscaping for the purpose of screening views into the parking lot;
shielding pedestrians, nearby residents, and vehicles on surrounding roads from
headlights of cars in the parking lot; enlarging the buffer between pedestrians and
vehicles using the parking lot; and providing continuity in the pattern of frontage
landscaping along this portion of South Higuera established by other large
developments such as Granada, Hind, and the Telegram- Tribune building (similar
to what was submitted at the April 10 Planning Commission meeting).
2. Provide additional information / plans to show how the project's buildings and
lighting will comply with tentative map conditions of approval related to energy
conservation in conjunction with architectural review of the neighborhood shopping
center (ARC 6 -96).
3. Hours of operation shall be limited to between 6:00 a.m. and 10:00 p.m.
4. The project shall post signs limiting delivery hours to between 7:00 a.m. and 9:00
pain. and notifying drivers that truck engines must be turned off when parked to the
satisfaction of the Director:
5. The project shall include construction of a wall along the eastern property line of
the Los Verdes residential area to shield the neighborhood from traffic noise and
pollution and for safety reasons to the approval of the ARC in conjunction with
architectural review of the neighborhood commercial center ARC 6 -96.
6. Parking lot maintenance and sweeping shall be limited to between the hours of 7:00
a.m. and 9:00 p.m.
7. To minimize impacts on nearby residents and night time drivers along South
Higuera and to conserve energy, exterior lighting should be directed downward
only and average maintained footcandle levels should not exceed- 1/2 footcandle
(Illuminating Engineering Society standard).
8. The South Higuera Street driveway shall be limited to right in, left in, right out
turning movements. The use permit shall be reviewed one year after the grocery
store opens to consider how well traffic is moving in this vicinity and whether any
further .limiting of turning movements at the South Higuera Street entrance is
necessary.
o •
Resolution No. 8557
Appeal A 6 -96
Page 3
Public Works Conditions:
1. - - All conditions for tract 2202 shall be strictly adhered to.
2. Driveway ramps. on Jenny Way shall conform to the City'. s Engineering Standard
Detail No. 2111 (ADA compliance).
3. Street type driveway entrances shall be designed with appropriate handicap access
ramps in accordance with the most current City of San Luis Obispo Engineering
Standard Details and Standard Specifications.
4. Any building located within flood zone "A" shall have a finished pad elevation at
least one foot above the 100 -yr storm water surface elevation.
Transportation, Circulation & Bicycles
5. Sidewalk Aiinment:. the sidewalk alignment: should be meandered.similar to the
detached sidewalks north of the project site.
6. Limit Lines: Limit lines or "stop bars" should be painted on the main entrance
driveway, set back a minimum of 2 feet from the proposed textured crosswalk.
7. Bicycle Rack Location: The bicycle racks should be relocated to meet the
standards set forth by the Bicycle Transportation Plan (October 1993):
Be located as close to the main entrance of the destination as possible and be
located at least as conveniently as the most convenient automobile parking.
Be visible from the interior of the destination.
The proposed locations along the sides of Buildings A and B do not meet these
criteria.
8. Number of Bicycle Parking SAaces Bicycle parking shall be provided to meet the
standards set forth by the Bicycle Transportation Plan (October, 1993).
Specifically, the plan stipulates that bicycle parking spaces shall be provided at the
rate of 15% of the required parking spaces; a minimum of 50% of these spaces
should be for short-term parking (bike racks) while a minimum of 40% should be
for long -term parking (bicycle lockers).
C
Resolution No. 8557
Appeal A 6 -96
Page 4
9. Design of Bicycle Racks: The developer shall review and receive approval of the
design of bicycle racks with the public works staff prior to their installation. The
staff has information available for review at the Public Works Department that can
assist in rack design selection.
10. Transit Stop Design: Signage at the proposed transit stop and the design selected
for the transit shelter shall be to the approval of the City Transit Manager.
11. The plans must reflect the interim street and utilities phasing (e.g. - turn around,
fire flow /water main sizing, etc...).
Upon motion of Council Member Romero, seconded by Council Member Smith, and on
the following roll call vote:
AYES: Council Members Romero, Smith and Williams
NOES: Council Member Roalman and Mayor Settle
ABSENT: None
the foregoing resolution was adopted this 2nd day of July, 1996.
ATTEST:
p6g -Clerk Kim Condon j Mayor Allen Settle
By: Dodie Williams, Vice :tayor
APPROVED AS TO FORM:
�, �� � r -
4,v
As
RESOLUTION NO. 8556 (1996 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AUTHORIZING FUNDING TO THIRTY AGENCIES
IN THE AMOUNT OF $81,700 FOR FISCAL YEAR 1996 -97
THROUGH THE PROMOTIONAL COORDINATING COMMITTEE
WHEREAS, in the past, the City of San Luis Obispo has authorized and distributed
Grants -In -Aid funding to community organizations which provide economic, cultural, and
recreational services to residents and visitors; and
WHEREAS, funding for the Grants -In -Aid program has been included in the 1995 -97
Financial Plan for the City of San Luis Obispo.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That certain organizations attached hereto and marked Exhibit "A"
shall be provided funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified
in Exhibit "A" and the City Administrative Officer is authorized to execute such contracts.
Uponmotionof Council Member Williaigsecondedby Council Member Romero and
on the following roll call vote:
AYES: Council Members Roalman, Romero, Williams, Mayor Settle
NOES`. None
ABSENT:
Council Member Smith not participating.
the foregoing resolution was passed and adopted this 2 day of July , 1993
),7,
MAYOR ALLEN K. SETTLE by VICE MAYOR DODIE WILLIM
R8556
C
Resolution No. 8556
Page 2
APPROVED AS TO FORM:
�r 0ter r
� ttorney
i 1
PROMOTIONAL COORDINATING 60MMITTEE
GRANT -IN -AID APPLICATIONS 1996 -97
1996 -97
Recomm'd
Artemis - A Theatre Company
2,000
ARTernatives
3,000
Arthritis Foundation (Cen. Coast Wine Festival)
2,000
Business Improvement Association
3;300
Cal Poly Foundation on behalf of Cal Poly Arts
2,000
Camp Fire Council of the Central Coast, Inc.
-0-
Children's Creative Project
3,000
City to Sea Mini Marathon
2,200
Cuesta College Art Gallery
2,100
Eyecycle, Inc.
-0-
Friends of San Luis Obispo Botanical Garden
2,000
Gilbert Reed Ballet
2,000
Mission Plaza Cultural Coalition
2,400
Music and the Arts for Youth
3,200
Mystic Krewe of Karnival
4,300
Pacific Repertory Opera
2,500
Performing Arts Center (YOPAC)
2,000
Performing Arts Center (Grand Opening Festival)
4,000
San Luis Obispo Art Center, Inc.
4,000
San Luis Obispo Community Concert Ass., Inc.
2,000
San Luis Obispo County Band
1,500
San Luis Obispo County Historical Museum
2,500
San Luis Obispo County Symphony
3,500
San Luis Obispo County Youth Symphony
1,800
San Luis Obispo Girls' Softball Association
1,500
San Luis Obispo International Film Festival
4,300
San Luis Obispo Literacy Council (Intercultural)
Enhanced Promo Fund
San Luis Obispo Literacy Council (Poetry Fest)
1,500
San Luis Obispo Little Theatre
5,000
San Luis Obispo Mozart Festival
4,500
San Luis Obispo Soccer Club
2,100
San Luis Obispo Vocal Arts Ensemble
2,000
SLONET
3,500
Woods Humane Society
-0-
T TAL 81700
AVAILABLE FUNDS
Current Grants -in -Aid Budget $80,000
Reserve from 1995 -96 2,000
Unpaid La Fiesta Grant from 1995 -96 5,000
TOTAL 87 000
EXHIBIT A
r,
RESOLUTION W555 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO FOR SUPPORT OF A PRIVATE/PUBLIC PARTNERSHIP STUDY
AND ALLOCATION OF TRANSPORTATION DEVELOPMENT ACT (TDA) FUNDS
WHEREAS, the cities of San Luis Obispo, Atascadero and Paso Robles are currently
in the planning stage for the development of multi -modal transit centers and are looking to
enhance public /private partnerships in the projects; and
WHEREAS, grant funding is now available through the Federal Transit
Administration (FTA) Section 18(i) Intercity Bus Program to fund capital and operating
projects; and
WHEREAS, SLOCOG, being the Regional Transportation Planning Agency (RPTA)
and acting as the Metropolitan Planning Organization (MPO), may on behalf of member
agencies act as lead agency and apply for FTA Section 18(i) funding to conduct a study on
multimodal public /private partnership projects;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby declares to SLOCOG:
SECTION 1. The support of SLOCOG's application for a Federal Transit
Administration (FTA) Section 18(i) grant to be used for the preparation of a study on
enhancing public /private multimodal transportation projects, with SLOCOG as lead agency.
SECTION 2. The authority to use up to a total of $4,000 of the City's share of TDA
funds for the purpose of this study.
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 2nd day of
1996.
935
City Council Resolution No. 8555 (1996 Series)
Page 2
ATTEST:
ssistant Ci erk A Condon Mayor4LE�N . SETTLE by Vice Mayor Dodie
Williams
APPROVED AS TO FORM:
City Att mey
R 8555
&IJ
�D
CG
RESOLUTION NO. 8554 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO, CALIFORNIA,
APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY
AND COUNTY OF SAN LUIS OBISPO ESTABLISHING JOINT PARTICIPATION
IN AN URBAN COUNTY GRANT PROGRAM FOR 1996 THROUGH 1999.
WHEREAS, the County of San Luis Obispo ( "County "), a political subdivision of the
State of California, and the City of San Luis Obispo ( "City "), a municipal corporation, desire to
participate in the Community Development Block Grant (CDBG) program administered by the
U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, said program will promote the public health, safety and welfare by providing
grant funds to be used by the City and County ( "parties ") to improve housing opportunities for
low- and moderate - income households, to encourage economic reinvestment, to improve
community facilities and public services, and to provide other housing - related facilities or
services; and
WHEREAS, to qualify for CDBG funds under HUD eligibility guidelines, the County
must have a population of at least 200,000 persons; and
WHEREAS, the City, as part of the federally designated "San Luis Obispo - Atascadero -
Paso Robles Metropolitan Area ", wishes to defer its entitlement status to the County for the
mutual benefit of both jurisdictions; and
WHEREAS, HUD requires that the parties enter into a cooperation agreement to define
their rights and obligations as a prerequisite of participation in the Urban County program;
THEREFORE, BE IT RESOLVED BY THE SAN LUIS OBISPO CITY COUNCIL
AS FOLLOWS:
R8554
Resolution 8554 (1996 Series)
Cooperation Agreement
Page 2
SECTION 1. Findings.
The proposed Cooperation Agreement is consistent with the general plan and with
City and County policies encouraging cooperation between agencies on issues of
regional significance such as affordable housing.
2. The proposed Cooperation Agreement will promote the public health, safety and
welfare by enabling the City and County to participate in the U.S. Department of
Housing and Urban Development's Urban County entitlement program, thus
making available funds for a variety of housing, economic development, and public
services programs not otherwise available.
3. The Parties intend to enter into subrecipient agreements which will establish
administrative policies and procedures, performance standards and funding
schedules, project descriptions, and guidelines for funding specific grant programs
and projects.
4. The proposed Cooperation Agreement is not a "project" for purposes of compliance
with the provisions of the California Environmental Quality Act and the City's
Environmental Guidelines, and is therefore, exempt from environmental review.
SECTION 2. Authorization to enter into Cooperation Agreement.
Pursuant to Federal Regulations 24 CFR 570.501 (b), et. seq., the City Council hereby
authorizes the Mayor to enter into a cooperation agreement, Exhibit "A ", with the County
to enable joint participation in the Urban County Block Grant program administered by the
US Department of Housing and Urban Development (HUD).
SECTION 3. City Administrative Officer authorized to act for City.
The City's Administrative Officer is hereby authorized to act on behalf of the City in
connection with the implementation of the agreement, on -going operation of the
Community Development Block Grant Program, and other activities necessary to carry out
the intent of the agreement.
Resolution 8554 (1996 Series)
Cooperation Agreement
Page 3
On motion of Council Member Smith ,seconded by Council Member Romero;
and on the following roll call vote:
AYES: Council, Members Roalman, Romero, Smith, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 2 day of July , 1996.
VICE MA DODIE WILLIAMS
FOR ALLEN K. SETTLE
Kim Condon
APPROVED:
• ,W.d.,JI A. � LL!a
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A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
FOR FISCAL YEARS 1997 THROUGH 1999
THIS AGREEMENT is made and entered .into this 2_ day, of .r„ i y , 1996, by and
between the County of San Luis Obispo, a political subdivision of the State of California,
hereinafter called "County and the City of San Luis Obispo, a municipal corporation of the State
of California, located in the County of San Luis Obispo, hereinafter called "City "; jointly referred .
to as "Parties."
WITNESSETH:
WHEREAS, In 1974, the U. S. Congress enacted and the President signed a law entitled,
The Housing and Community Development Act of 1974, herein called the "Act ". Said Act is
omnibus legislation relating to federal involvement in a wide range of housing and community
development activities and contains eight separate titles;
WHEREAS, Title I of the Act is entitled "Community Development" and consolidates
several existing categorical programs for housing and community development into new programs
for such housing and development under block financial grants. The primary objectives of Title
I are the improvement and development of metropolitan cities and urban counties or communities
by providing financial assistance annually for area -wide plans and for housing, public services and
public works programs;
WHEREAS, the City of San Luis Obispo has been designated as an entitlement city by the
U.S. Department of Housing and Urban Development (HUD), and it has been determined that the
City is eligible to receive Community Development Block Grant (CDBG or "program ") funds
under HUD guidelines;
WHEREAS, The County of San Luis Obispo has requested of HUD that the County be
designated as an "urban county ", and County has been informed preliminarily, subject to final
determination, that it will qualify as an urban county and be eligible to receive program funds
provided that the County's entitled cities defer their entitlement to County to enable both the
County and the entitlement cities to jointly participate in the program;
WHEREAS, The City desires to participate jointly with the County in said program, and is
willing to defer its entitlement to the.County under the terms of this Agreement;
WHEREAS, The Housing and Community Development Block Grant Regulations issued .
pursuant to the Act provide that qualified urban counties must submit an application to the
Department of Housing and Urban Development for funds, and that cities and smaller
communities within the metropolitan area not qualifying as metropolitan cities may join the
County in said application and thereby become a part of a more comprehensive county effort;
WHEREAS, As the urban county Applicant, the County must take responsibility and assume
all obligations of an applicant under federal statutes, including: the analysis of needs, the setting
of objectives, the development of community development and housing assistance plans, the
consolidated plan, and the assurances or certifications;
WHEREAS, By executing this agreement, the Parties hereby give notice of their intention to
participate in an Urban County Community Development Block Grant program.
NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions
hereof, the parties agree as follows:
F)
SECTION I. General.
A. Responsible Officers. The Administrator of the County of San Luis Obispo
( "Administrator ") is hereby authorized to act as applicant for the Community Development Block
Grant Program and to administer block grant funding and activities under the program. The City
Administrative Officer ( "CAO ") is hereby authorized to act as the responsible officer of the City
under the program.
B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking
eligible grant programs or projects, including but not limited to community. renewal and lower
income housing assistance activities, specifically urban renewal and publicly assisted housing;
public services; and economic development.
C. Term of Agreement. The term of this Agreement shall be for a period of three (3) years
commencing on the date specified below and extending through federal fiscal years 1997, 1998,
and 1999. The Agreement remains in effect until the CDBG and HOME Investment Partnerships
(HOME) Program funds and income received with respect to the three -year qualification period
are expended and the funded activities are completed. The Parties may not terminate or withdraw
from the Agreement while the Agreement remains in effect.
D. Scope of Agreement.. This Agreement covers the following formula funding programs
administered by HUD where the County is awarded and accepts funding directly from HUD: the
CDBG Entitlement Program, the HOME Program, the Emergency Shelter Grant (ESG) Program,
and the Housing Opportunities for Persons With AIDS (HOPWA) Progam.
A. Inclusion of City as Applicant. Parties agree that City shall be .included in the
$7i
application the County shall submit to the Department of Housing and Urban Development for
Title. I Housing and Community Development Block funds under the above recited Act.
B. Consolidated Plan. City shall assist the County by preparing a community development
plan, for the period of this Agreement, which identifies community development and housing
needs, projects and programs for the City; and specifies both short- and long -term City objectives,
consistent with requirements of the Act. County agrees to: (1) include the City plan in the
program application, and (2) include City's desired housing and community development
objectives, policies, programs, projects and plans as submitted by City in the County's
consolidated plan
C. Application Submittal. County agrees to commit sufficient resources to completing and
submitting the Consolidated Plan and supporting documents to HUD in time for the Parties to be
eligible to receive funding beginning July 1, 1997, and to hold public hearings as required to meet
HUD requirements.
D. County Responsibility. Parties agree that the County shall, as applicant, be responsible
for holding public hearings and preparing and submitting the CDBG funding application and
supporting materials in a timely and thorough manner, as required by the Act and the federal
regulations established by HUD to secure entitlement grant funding beginning July 1, 1997.
E. Grant Eligibility.. In executing this Agreement, the Parties understand that they shall not
be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations
for fiscal years during the period in which the Parties are participating in the Urban County CDBG
entitlement program; and further, the City shall not be eligible to participate in the HOME, ESG
or HOPWA programs except through the urban county, unless the urban county does not qualify
4
for or declines to accept formula allocations under these programs.
SECTION M. ProUam Administration.
A. Program Authorization. County Administrator is hereby authorized to carry out
activities which will be funded from the annual CDBG, HOME, ESG.and HOPWA programs for
federal fiscal year 1997, 1998, and 1999 appropriations and from any.program income generated
from the expenditure of such funds.
B. Responsibilities of Parties. Parties agree that the County shall be the governmental entity
required to execute any grant agreement received pursuant to the CDBG, HOME, ESG and
HOPWA applications, and that County shall thereby become legally liable and responsible
thereunder for the proper performance of the plan and CDBG, HOME, ESG and HOPWA urban
county programs. City agrees to act in good faith and with due diligence in performance of City
obligations and responsibilities under this Agreement and under all subrecipient agreements. City
further agrees that it shall fully cooperate with the County in all things required and appropriate
to comply with the provisions of any Grant Agreement received by the County pursuant to the Act
and its Regulations.
C. City Assistance. Ciy agrees to undertake, conduct, perform or assist the County in
performing the essential community development and housing assistance activities identified in. the
City's community development plan. Pursuant to the Act and pursuant to 24 CFR 570.501 (b),
the City is subject to the same requirements applicable to subrecipients, including the requirement
of a written agreement with the County as set forth in 24 CFR.570.503.
SECTION 1V. Use of Program Funds.
A. Allocation of CDBG funds. All funds received by County pursuant to this Agreement
shall be identified and allocated, as described below, to the specific projects or activities set
out in the application, and such allocated amounts shall be expended exclusively for such
projects or activities; provided, however, that a different distribution may be made when
required by HUD to comply with Title I of the Housing and Community Development Act of
1974, as amended.
1) Metropolitan Cities' Allocation. Parties agree that County shall "pass through" the
allocated CDBG funds to City as subrecipient within 30 days of written request by City
to fund .specific projects or programs, up to a total amount equal to that to which City
would have been entitled had it applied separately as a "metropolitan city ", using HUD
allocation formulas as applied by County, and that no "administrative" fee or other fees
will be deducted by County to meet its obligations under the terms of this Agreement.
Further, with respect, to such "pass through" funds, County agrees to fully cooperate and
assist City in implementing City projects and activities.
2) Non - Metropolitan Cities' Allocation. County agrees to, allocate a portion of CDBG
program funds to the non- Metropolitan, incorporated cities participating in the program.
The amount of allocation per city shall be equal to that which the urban county formula
award from HUD increases as a result of the HUD allocation formulas as applied by
County.
3) Special Urban Projects Fund. It is further agreed that County shall set aside a
portion of CDBG funds as a Special. Urban Projects Fund, available to all participating
incorporated cities and the County in San Luis Obispo County on a competitive basis.
Amount of the Fund shall equal fifteen (15) percent of the urban county formula CDBG
re,
funding after deducting the allocations for cities as described in paragraphs 1 and 2 above.
The Special Urban Projects Fund shall be awarded annually by the County Board of
Supervisors, following criteria developed jointly by County and the cities participating in
the program.
4) County allocation. City agrees that urban county formula CDBG funds remaining after
deducting allocations for cities and the Special Urban Projects Fund comprise the County
allocation.
B. Administrative and Public Services Costs. County hereby acknowledges that City, as
subrecipient, incurs certain administrative costs in preparing housing and economic
development plans, program planning, management and accounting, professional support
services, and other reasonable and necessary expenses to carry out City's plan; and further,
County agrees that after "pass through" of CDBG program funds to City, County shall not use
its remaining balance of funds in any way that would limit City's ability to use its CDBG
funds to the maximum extent allowed by HUD for administrative, public service, or program
purposes.
C. Income Generated. City shall notify the County of any income generated by the
expenditure of CDBG funds received by the City. Such program income may be retained by
City subject to the provisions of this Agreement, the Act and its Regulations. Any program
income retained must only be used for eligible activities in accordance with all CDBG
requirements as then apply.
D. Use of Program Income. County shall. monitor the use of any program income, requiring
appropriate record- keeping and reporting by the City as may be needed for this purpose, and
7
shall report the use of such program income to HUD. In the event of close -out or change of
status of the City, all program income on hand or received by the City subsequent to the
close -out or change of status shall be paid to the County.
E. Change in Use of Property. City shall notify the County of any modification or change
in the use of real property acquired or improved in whole or in part using CDBG funds that
is within the control of the City, from that use planned at the time of acquisition or
improvement including disposition. Such notification shall be made within thirty (30) days
of such change of use.
F. Reimbursement Upon Sale or Transfer. City shall reimburse the County in an amount
equal to the current fair market value, less any portion thereof attributable to expenditures of
non -CDBG funds, of property acquired or improved with CDBG funds that is sold or
transferred for a use which does not qualify under the Regulations. City shall inform the
County.of such program income within thirty (30) days if the income results from the sale or
change of use of property acquired or improved with CDBG funds.
G. Fair Housing Implementation. Parties agree that no urban county funding shall be
allocated or expended for activities in or in support of any cooperating unit of general local
government that does not affirmatively further fair housing within its own jurisdiction or that
impedes the County's actions to comply with its fair housing certification.
H. Conflict Resolution. In the event of disagreement or objections by City or County as to
the allocation, disbursement, use, or reimbursement of CDBG funds, the Parties agree to
accept HUD's binding arbitration and written determination as to the appropriate resolution
or disposition of funds.
9
SECTION V. Amendment or Extension of Agreement.
A. Subrecipient Agreement. For each fiscal year during the term of this Agreement, County
and City shall enter into a Subrecipient Agreement, prepared jointly by County and City, that will
list the project(s) City will undertake with its CDBG entitlement funds during that program year..
Said agreement will set forth the project changes, time schedule for completion of the project(s),
and additional funding sources, if any. If substantial compliance with the completion schedule
cannot be met by the City to unforseen or uncontrollable circumstances, the City may extend
the schedule for project completion, as allowed by federal regulations.
B. Amendments. Parties agree that a fully executed amendment or amendments to this
Agreement may be entered into at any time if required or necessary to implement the plans
contemplated hereunder, or to comply with any grant agreement or the regulations issued pursuant
to the Act.
SECTION. VI.. Compliance with Federal Relations.
A. General. Parties agree to take all actions necessary to comply with the urban county's
certification required by section 104(b) of Title I of the Housing and Community Development
Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing
Act, Section 109 of Title I of the Housing and Community Development Act of 1974; the
National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970; and other applicable laws.
B. Citizen Participation. Parties agree to comply with federal citizen participation
requirements of 24 CFR Part 91, and provide citizens with:
1) An estimate of the amount of CDBG funds proposed to be used for activities that will
benefit persons of low and moderate income; and
9
I�
2) A plan for minimizing. displacement of persons as a result of CDBG- assisted activities
and programs, and to provide assistance to such persons.
C. Citizen Participation Plan. Parties agree to follow a citizen participation plan
which:
1) Provides for and encourages citizen participation, particularly those of low or moderate
income who reside in slum or blighted areas where CDBG funds are proposed to be used;
2) Provides citizens with reasonable and timely access to local meetings, staff reports, and
other information relating to grantee's proposed use of funds, as required by HUD
regulations related to the actual use of funds under the Act;
3) Provides for public hearings to obtain citizen views and to respond to proposals and
questions at all stages of the community development program, including at least: 1)
formulation of needs; 2) review of proposed grant activities; and 3) review of program
performance; for which public hearings shall be held after adequate notice, at times and
locations convenient to potential or actual beneficiaries, and with accommodation for
handicapped persons,
4) Provides for a timely written answer to written complaints and grievances, within 15
working days where practicable;
5) Identifies how the needs of non - English speaking residents will be met in the case of
public hearings where a significant number of non - English speaking residents can be
reasonably expected to participate.
D. Parties hereby certify, to the best of their knowledge and belief, that:
1) Conflict of Interest. No federal grant monies have been paid or will be paid, by or
on behalf of the Parties, to any officer or employee of any agency, a.Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with the awarding of any federal contract, the making of any federal grant, the
making of any federal loan, the entering into of any cooperative agreement, and the
extension, continuation, renewal, amendment or modification of any federal contract,
grant, loan, or cooperative. agreement.
2) Influence. If any funds other than federally appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with this federal contract, grant, loan or
cooperative agreement, the undersigned shall complete and submit standard form LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
10
3) Certification Disclosure. Parties agree to include this certification in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements), and that all grant subrecipients shall
certify and disclose accordingly. This certification is a material representation of fact upon
which reliance was placed when this transaction was entered into.
E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding
Enforcement of State and Local Laws Barring Entrances.
In accordance with Section 519 Public Law 101 -144, (the 1990 HUD appropriations Act),
the Parties certify that they have adopted and are enforcing:
1) A policy prohibiting the use of excessive force by law enforcement agencies within
their respective jurisdictions against any individuals engaged in non = violent civil rights
demonstrations; and
2) A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non - violent civil .
rights demonstrations within their jurisdictions.
SECTION VII. Execution of Agreement and Recordkeeping.
A. HUD Certification. The CAO or the City Attorney are hereby authorized to execute and
submit to the County the HUD Certification Form with respect to the community development
activities carried out within the boundaries of the City. It is further understood that the County
will rely upon the certifications executed by the CAO or City Attorney for purposes of executing
a certification form for submission to HUD.
B. Maintenance of Records. City shall maintain records of activities for any projects
undertaken pursuant to the program, and said records shall be open and available for inspection
by auditors assigned by HUD and /or County on reasonable notice during the normal business
hours of the City.
IN WITNESS WHEREOF, the City Council of the City of San Luis Obispo and the Board
of Supervisors of the County of San Luis Obispo have authorized this Cooperation Agreement and
11
direct its execution by their respective chief executive officers on this day of ,
1996.
The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement
are fully authorized under State and local law, and that the Agreement provides full legal authority
for the County to undertake or assist in undertaking essential community development and housing
assistance activities, specifically urban renewal and publicly assisted housing.
vim
APPROVED AS TO FORM AND LEGAL EFFECT:
MAP • • -
COUNTY OF SAN LUIS OBISPO
Chairman of the Board of Supervisors
ATTEST:
Julie Rodewald, County Clerk
12
j
CITY OF SAN LUIS OBISPO:
--�r
By: _
MAYOR ALLEN K. SETTLE by VICE MAYOR DODIE WILLIAMS
ATTEST:
Asst. Q-lty Cltrk--Kim Condon
JIA=WvI av
13
RESOLUTION NO. 8553 (1996 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
IMPLEMENTING THE PROVISIONS OF SECTION 414(b)(2) OF THE INTERNAL
REVENUE CODE RELATIVE TO THE PUBLIC EMPLOYEES' RETIREMENT
SYSTEM (PERS) CONTRIBUTIONS OF THE POLICE STAFF OFFICERS'
ASSOCIATION
WHEREAS, the City of San Luis Obispo has the authority to implement the provisions
of Section 414(h)(2) of the Internal Revenue Code; and
WHEREAS, the Board of Administration of the Public Employees' Retirement System
adopted its resolution regarding Section 414(h)(2) IRC in September, 1985; and
WHEREAS, the Internal Revenue Service has stated on December 6, 1985, that the
implementation of the provisions of Section 414(h)(2) IRC pursuant to the Resolution of the
Board of Administration would satisfy the legal requirements of Section 414(h)(2) IRC; and
WHEREAS, The City of San Luis Obispo has determined that even though the
implementation of the provisions of Section 414(h)(2) IRC is not required by law, the tax benefit
offered by Section 414(h)(2) IRC should be provided to members of the Police Staff Officers'
Association;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1. The City of San Luis Obispo will implement the provisions of Section
414(h)(2) Internal Revenue Code by making employee contributions pursuant to California
Government Code Section 20615 to PERS on behalf of the members of the Police Staff Officers'
Association. "Employee contributions" shall mean those contributions to PERS which are
deducted from the salary of employees and credited to individual employees' accounts pursuant
to California Government Code Section 20615.
R8553
Resolution No. 8553 (1996 Series)
Page 2
n
Section 2. The contributions made by the City of San Luis Obispo to PERS although
designated as employee contributions are being paid by the City of San Luis Obispo in lieu. of
contributions by the members of the Police Staff Officers' Association.
Section 3. Employees will not have the option of choosing to receive the contributed
amounts directly instead of having them paid by the City of San Luis Obispo to PERS.
Section 4. The City of San Luis Obispo shall pay to PERS the contributions designated
as employee contributions from the same source of funds as used in paying salary.
Section 5. The amount of the contributions designated as employee contributions and
paid by the City of San Luis Obispo to PERS on behalf of the members of the Police Staff
Officers' Association shall be the entire contribution required of the employee by the Public
Employees' Retirement Law (California Government Code Sections 20000, et seq.).
Section 6. The contributions designated as employee contributions made by the City of
San Luis Obispo shall be treated for all purposes, other than taxation, in the same way that
member contributions are treated by PERS.
On motion ofcouncil Member Smith Seconded by Council Member Romero
and on the following roll call vote:
AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle
NOES: None
ABSENT: None
Resolution_ No. 8553 (1996 Series)
Page 3
the foregoing Resolution was passed and adopted this 2 day of July; 1996.
MAYOR ALL K.'SETTLF_ by VICE MAYOR DODIE
WILLIAMS
r/�i`
ACTING CITY CLERK
APPROVED AS TO FORM:
Cll
� � O
RESOLUTION NO. 8552 (1996 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
ESTABLISHING A MANAGEMENT COMPENSATION PLAN FOR APPOINTED
D
OFFICIALS, EPARTMENT HEADS AND OTHE R MANAGEMENT PERSONNEL
AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT
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 Council is committed to a compensation plan which reflects the
differences between duties, responsibilities and job requirements; and
WHEREAS, the Council determines that merit and performance shall be the sole basis
for Appointed Official and Management compensation; and.
WHEREAS, consistent with Section 701 of the City Charter, the Council is the
appointing authority for the City Administrative Officer and the City Attorney (Appointed
Officials), and the City Administrative Officer is the Appointing Authority for Department
Heads; and
WHEREAS, consistent with Section 2.36.090 "A" of the Personnel Rules .and
Regulations; department heads and division heads are the Appointing Authority for certain
management positions: and
WHEREAS, the appointing authority is responsible for the selection, evaluation and the
level of compensation for the appointed employee; and
WHEREAS, the Mid= Management Employees' Association agrees to join the Appointed
Officials and department heads in an unrepresented management group; and
WHEREAS, the Council believes that all in employees' performance should
be measured and rewarded in a consistent and equitable manner.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby adopts a Management Compensation Plan as follows:
SECTION 1. A salary schedule for Appointed Officials; Department Heads and other
Management Employees shall be established.
R8552
V/
Resolution No. 8552 (1996 Series)
Page 2
x
APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE
GROUP MANAGEMENT POSITION SALARY RANGE
1
City Administrative Officer
$6841 -8872
II
City Attorney
$5930 -7678
III
Assistant City Administrative Officer
$5582 -7197
Community Deve'lopmept Director
Finance Director
Fire Chief
Police Chief
Public Works Director.
Utilities Director
IV
City Engineer
$4992 -6414
Parks and Recreation Director
Personnel Director
V
City Clerk
$3996 -5195
VI
Assistant City Attorney
$3916 -5156
Development Review Manager
Long Range Planning Manager
Public Works Manager
Wastewater Division Manager
Water Division Manager
VII
Chief Building Official
$359213938
Economic Development Manager
- Fire Marshall
Natural Resources Manager
Principal Transportation Planner
-
Supervising Civil Engineer
Utilities Engineer
VIII
Accounting Manager
$3299-4622
Assistant to the CAO
Information Systems Manager
Parking Manager
Police Support Services Manager
Revenue Manager
Risk. Manager
Transit Manager
Wastewater Treatment Plant Supervisor
Water Treatment Plant Supervisor
Ix
Administrative Analyst
$30684359
Fire Protection Specialist
GIS Coordinator
Industrial Waste Coordinator -
Neighborhood Services Manager
Personnel Analyst
Principal Recreation Supervisor
Supervising Mechanic
Wastewater Collection Supervisor
Wastewater Reclamation Coordinator (contract)
Water Distribution Supervisor
Water Supply Supervisor
Resolution No. 8552 (1996 Series)
Page 3
X. Accounting Supervisor $2837 -4023
Arborist
Building Maintenance Supervisor
Communications Supervisor
Customer. Services Supervisor
Golf Course Supervisor,
Parks Supervisor
Police Records Supervisor
Recreation Supervisor
Streets Supervisor
Water Conservation Coordinator
Annually, in November, the Council may adjust the salary ranges to keep pace with the
marketplace which is defined by local labor market factors (public and private sector employers)
and external comparisons with comparable California cities.,
SECTION 2. The Appointing Authority, or City Administrative Officer shall determine
compensation within the designated range, after evaluating performance in accordance with the
Management Pay for Performance System.
SECTION 3. The City shall continue to provide employees in those classifications listed
in Section 1 certain fringe benefits as set forth in Resolution No. 8412 (1995 Series) and
Resolution No. 8476 (1996 Series).
SECTION 4. The Director of Finance is authorized to adjust the operating budget as
appropriate in accordance with these provisions.
Upon motion of Counr; i Member Smi th seconded by council Member Romero , and
on the following roll call vote:
AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 2 day of July ,
1996.
ATTEST:
Asst. C4Cer
APPROVED AS TO FORM:
Jeffrey 0. -Jorgensen
12�
Vice Mayor D6die Williams
for Mayor Allen K. Settle
( 0lll'
G
RESOLUTION NO. 8551 (1996 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS
AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL
ACCOUNTS AS LIENS AGAINST THE PROPERTIES
WHEREAS, Section 8.40.070 of the San Luis Obispo Municipal Code establishes that all
developed properties in the City must use the solid waste collection and disposal service provided
by the City's franchisee, that the franchisee is responsible for collecting fees for the service, and
that owners of developed properties are responsible for paying for the service; and
WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which,
once each year, the franchisee may take actions to collect. fees from the owners of developed
properties involved in delinquent solid waste collection and disposal accounts; and
WHEREAS, The franchisee, San Luis Garbage Company, has taken the actions required
within the Municipal Code to collect fees from delinquent accounts as certified by franchisee and
incorporated herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo
hereby authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent
accounts as established and certified by the franchisee San Luis Garbage Company as liens
against the developed properties listed below.
PROPERTY OWNER
PARCEL NUMBER
AMOUNT
Bryan/Dorthy McDonald
001 - 183 -011
$70.00
William Tickell
003- 612 -013
$59.00
Sham Luthra
003 -564 -005
$94.00
Schott/Frances Prentis
052 - 123 -012
$105.00
Alex/Raechelle McLachlan
001- 122 -017
$186.00
Valentine Soto
001- 124 -023
$245.00
Reuben Rodriquez
004 -733 -016
$143.00
Wayne Gin
052 -312 -002
$87.00
Earl Hill
004.563 -047
$42.00
Jose Gundy
003 -631 -009
$308.00
Peter/Linda Jankey
053- 115 -008
$87.00
Alireza Pardakhti
001 - 114 -030
$114.0
William Clark
001- 013 -002
$139.00
R8551
Assistant
1
Resolution - Liens on Delinquent Solid Waste Accounts
Page 2
Elena Dres
004- 401 -021
$117.00
Phillip Peterson
003 -531 -006
$238.00
Eric Dehann
052 -591 -004
$59.00
Brendan/Kathryn McAdams
053- 087 -005
$73.00
Pete Evans
003- 661 -017
$105.00
Anthony /Gloria Sarcos
003- 722.025
$215.00
Skene Moody
003 - 687 -071
$238.00
Richard Brovelli
003 - 646 -016
$238.00
Jesse /Christie Limon
004-413-040
$87.00
Upon motion of Council Member. Smith seconded by Council Member Romero and
on the following roll call vote:
AYES: Council Members Smith, Romero, Roalman•., Williams and Mayor Settle.
NOES: None
ABSENT: None
the foregoing resolution was adopted this °.2 day of July 1996.
APPROVED AS TO FORM:
VICE MAYOR DODIE WILLIAMS
FOR MAYOR ALLEN K. SETTLE
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RESOLUTION NO. 8550 (1996 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING
A UTILITY EASEMENT TO PACIFIC BELL AT THE LAGUNA LAKE GOLF COURSE.
WHEREAS, Pacific Bell has requested the purchase of an exclusive
utility easement to install an enclosure for fibre optic cable and
related equipment at the Laguna Lake Golf Course property, and
WHEREAS, Pacific Bell has offered two thousand ($ 21000.00)
dollars for purchase of this easement, and
WHEREAS, it has been determined that this easement will not
conflict.with activities and uses at the golf course.
NOW THEREFORE BE IT RESOLVED that the City Council hereby
authorizes the Mayor to execute an easement for the, above purpose upon
payment of two thousand ($ 2,000.00) dollars.
On motion of Council Member Smith—, seconded by Council Member Romero
and on the following roll call vote:
AYES: Council Members Roalman, Romero, Smith, Williams, Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this d y of TT
1996.
ATTEST: % MAYOR_ ALLEN K. SETTLE b"y NICE
MAYOR DODIE WILLIAMS
ASU§TANT'e14Y CLERK Kim Condon
APPROVED AS TO FORM:
TTIOAN ef Jorgensen
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R8550
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DRAKNO: Laguna2
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DATE ': March 7. 1996
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RECORDED AT THE REQUEST',-:'
WHEN RECORDED RETURN TO:
Pacific Bell
420 West Sierra Avenue
Fresno, California 93762 -0001
R/W File No.
Computed on full value of property conveyed
Documentary Transfer Tax Due:
Pacific Bell Agent
i
GRANT OF EASEMENT
053 - 111 -055
The Citv of San Luis City of Obispo, a California Chartered Municipal Corporation
hereinafter referred to as "Grantor(s) ", hereby grant(s) to PACIFIC. BELL, a Corporation,. its successors and
assigns, hereinafter referred to as "Grantees "; the right from time to time to construct and install
communication facilities (including ingress thereto and egress therefrom) over, across, upon and under the
hereinafter described real property and to use, operate, inspect, repair, replace and remove said facilities, or
any of them, together with an exclusive right of way and easement therefore. Said communication facilities
shall consist of the following: Underground conduits wires, cables, other electrical conductors and
appurtenances for communication purposes; together with aboveground structures with electronic.
communication . equipment, marker posts, associated paving, fencing and other appurtenances related
thereto. Grantor(s) also grant(s) to the appropriate, utility company the right to provide commercial power
service to Grantees, together with the right to construct, install, operate, inspect, repair and replace said
power service facilities upon and within said easement. Said real property is in the City of San Luis Obispo,
County of San Luis Obispo, State of California, and is described as follows:
See EXHIBITS "A" and "B" attached hereto and made a part hereof.
Grantees shall be responsible for damage caused intentionally or by any negligent act or omission of
Grantees, its agents or employees while exercising the rights granted herein.
Grantor(s) shall not erect or construct any building or other structure or drill or operate any. well within said
easement.
The provisions hereof shall inure .to the benefit of and bind the successors and assigns of the respective
parties hereto.
J EXHIBIT W
Pacific Bell Easement
Laguna Lake Golf Course
File no: 257.04.1p76
March 7, 1996
An easement for telephone purposes over a portion of the land described in Book 2197 of
Official Records at Page 366 in the Office of the County Recorder of San Luis Obispo County,
State of California, described as follows:
Beginning at the most Easterly comer of Lot 1, of Tract No.895, as shown on the Map filed in
Book 11 of Maps, at Page 34, in said County Recorder's Office, being on the Southerly right of
way of Los Osos Valley Road and marked by a 1 %z" iron pipe tagged "L.S. 3877" as shown on
said Map; thence, along the Southerly line of said Lot 1 South 45 °50'46" West, 12.00 feet;
thence leaving said Southerly line South 44 °13'30" East, 15.00 feet; thence North 45 °50'46"
East, 12.00 feet, to the Southerly right of way of Los Osos Valley Road, as shown on said Map;
thence along said Southerly right of way North 44 013'30" West, 15.00 feet, to the Point of
Beginning.
Tom Mastin•LS 4 19 Expsiss
page 1
1
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FILE : 257.04p76
DRAKNG : Lb'qund
SCALE, : i" = 20,
DATE : March 7, 1996
1OHN ILL WAULACE&AMOMAUE0
CONSULM9 CEM ENGMEMS
41151$8® anIID $74ST, SUrM B-5 0 SAN LULS
I OWSPO, CALWORNIA 93401 • (905) 544--4011 • FAX (80S) 544-4294
Executed this 2 day of July 19 96
The City of San Luis Obispo, a California Chartered
Municipal Corporation
Byt MAYOR ALLEN K. SE.TLE by VICE MAYOR DODIE WILLIAMS
Attest:
Asst. City' C19(rK Kim. Condon