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HomeMy WebLinkAbout8940-8974RESOLUTION NO. 8974 (1999 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE SUBMITTAL OF THREE GRANT APPLICATIONS FOR THE USE OF FEDERAL TRANSPORTATION ENHANCEMENT ACTIVITY (TEA) FUNDS, TWO GRANT APPLICATION FOR THE USE OF REGIONAL STATE HIGHWAY ACCOUNT (RSHA) FUNDS, AND TWO GRANT APPLICATIONS FOR THE USE OF STATE TRANSPORTATION IMPROVEMENT FUNDS (STIP) WHEREAS, in July 1999 the San Luis Obispo Council of Governments ( SLOCOG) notified local agencies that $1.46 million of unprogrammed TEA funds, $300,000 of unprogrammed RSHA funds, and $1.4 to $1.9 million of unprogrammed STIP funds are available and invited grant applications to be submitted by October 15, 1999; and WHEREAS, the City Council has identified three TEA - eligible projects, two RSHA- eligible projects, and two STIP - eligible projects and has directed its CAO to prepare and submit grant applications for these projects to SLOCOG for consideration; and WHEREAS, it is the intent of the City that if funding is provided, the projects summarized herein will be carried out consistent with the time frames for each grant program; and WHEREAS, the City Council has found that the proposed projects will provide significant benefits to both local and regional travel and enjoyment of the circulation system within the San Luis Obispo area. NOW, THEREFORE BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: SECTION 1: Authorizes the CAO to submit three grant applications to SLOCOG for the use of Federal Transportation Enhancement Activity (TEA) funds to: (A) Purchase the Morganti Property for open space preservation ($221,000 to $300,000 of TEA funds); (B) Install sidewalks along the west side of South Higuera Street south of Elks Lane ($137,000 of TEA funds); and (C) Purchase a 0.31 -acre parcel at the east end of High Street to help implement the Railroad District Plan ($84,500 of TEA funds). SECTION 2: Agrees to provide the 11.5% funding match required for any of the City's TEA Grant - funded projects that are approved by SLOCOG. SECTION 3: Authorizes the CAO to submit two grant application to SLOCOG for the use of Regional State Highway Account (RSHA) funds to (in priority order): (A) Prepare a Project Study Report (PSR) for the Los Osos Valley Road — State Route 101 interchange ($60,000 in RSHA funding). R 8974 Resolution No. 8974 (199'4-series) Page 2 (B) Install video vehicle detection equipment at the High - Higuera -Pismo and Higuera -Marsh intersections and to prepare a plan for setting intersection improvement priorities ($57,000). SECTION 4: The total cost of the PSR for the Los Osos Valley Road — SR.101 interchange (Project 3.A. above) is estimated to be $120,000. The City intends to undertake this project based on the following prerequisite conditions: that RSHA funding is provided to pay for at least fifty (50) percent of the cost of the PSR; and the County of San Luis Obispo contributed funds to pay for twenty-five (25) percent of the cost of the PSR. SECTION 5: Authorizes the CAO to submit two grant applications to SLOCOG for the use of State Transportation Improvement Funds (STIP) to: (A) Reconstruct Osos /Santa Barbara Street between Broad and Pacific Streets ($300,000 of STIP funds) (B) Prepare a Project Report (PR) and requisite environmental documents for the Prado Road Interchange project ($475,000 of STIP funds). SECTION 6: Authorizes the CAO to execute Cooperative Funding Agreements with the San Luis Obispo Council of Governments ( SLOCOG) for approved, grant- funded projects. Upon motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 5' day of October, ATTES City Clerk Lee Price, C.M.C. APPROVED AS TO FORM: I �- 0 Cl'- Q� RESOLUTION NO. 8973 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DIRECTING STAFF TO BRING NON - CONFORMING SIGNS SUBJECT TO THE CITY'S 1977 AMORTIZATION PROGRAM INTO COMPLIANCE WITH REMODELING AND REDEVELOPMENT OF THE PROPERTY WHEREAS, the City of San Luis Obispo adopted Ordinance No. 709 (1977 Series) on August 2, 1977 that established new sign regulations for the City of San Luis Obispo; and WHEREAS, these 1977 sign regulations contained provisions for amortization of signs made non - conforming by the new regulations including provision for written notice and a valid amortization period commencing on September 3, 1977; and WHEREAS, there remain properties listed on the attached "Exhibit A" that were subject to the City's amortization program who have failed to bring their signs into compliance; and WHEREAS, the City Council desires that these remaining signs be brought into compliance as soon as practical in order to insure quality and uniform signage within the City. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council reaffirms the purposes the City's Sign Regulations calling for the protection and enhancement of the character and natural beauty of the community through proper signage and goals and objectives of the City's Sign Amortization Program. SECTION 2. The City Council hereby directs staff to require any remaining non- conforming sign that was subject to the City's 1977 Sign Amortization Program to be made to comply upon re- development, remodeling, or expansion of the use or abandonment, modification, moving, or other physical change in the property's signage. On motion of Council Member Marx, seconded by Mayor Settle and on the following roll call vote: AYES: Council Members Ewan, Marx, Vice Mayor Romero and Mayor Settle NOES: Council Member Schwartz ABSENT: None The foregoing resolution was passed and adopted this 5th day of October, 1999. R 8973 (7) Resolution No. 8973 (1999 Series) Page 2 ATTEST: City Clerk Lee Price, C.M.C. APPROVED AS TO FORM: IN fORK), ft R IF Resolution No. 8973 (1999 Series) Page 3 "EXHIBIT A" SITE ADDRESS CURRENT BUSINESS PROPERTY DESCRIP. NON - CONFORMING SIGNS) AMORT. PERIOD ENDS 1708 Beach Sandercock Moving 003 - 625 -015 Large Roof Sign Jan. 1983 2143 Broad Gaslight Lounge 003 - 746 -035 non conforming roof sign- too many signs Dec. 1982 1127 Broad Boston Bagel 002422 -016 hanging sign Feb. 1983 2145 Broad Manuels liquor 003 - 746 -035 sign too laze " Manuels" Dec. 1982 1460 Calle Joaquin Denny's 053- 151 -036 non-conforming, large pole sign Se . 1987 22 Chorro Mobil 052- 174 -002 non-conforming pole sign Oct. 1982 767 Chorro Mc Lains Photo 002 - 302 -018 wood sign, too large Mar. 1983 1030 Chorro Mission News 002425 -001 wood sign, too low to sidewalk Feb. 1983 774 Foothill Cork & Bottle 052- 041 -079 non-conforming pole sign Sep. 1985 214 Hi era Pauls dry clean 003 - 711 -043 non-conforming, too large Apr. 1983 236 Hi era Hayward 003 - 711 -041 no permits, too large Oct. 1988 245 Hi era Ratliff welding 003 - 721 -034 non-conforming roof sign Apr. 1983 532 Hi era 'Campbell's 002 -402 -028 non-conforming roof sign Mar. 1983 669 Hi era Davidson's 002 -422 -019 non-conforming, too large Mar. 1983 1212 Hi era San Luis Li r. 002 - 331 -005 non-conforming pole sign Mar. 1983 100 Madonna Madonna Inn 004 -511 -009 non-conforming, too large, in setback Sep.1987 208 Madonna Denny's 004 -871 -015 non-conforming large pole sign Jun. 1988 210 Madonna Va abond Inn 004- 871 -016 non-conforming laze pole sign Sep.1987 212 Madonna IHOP 004- 871 -010 non-conforming large pole sign Au . 1982 1335 Monterey Computer Stuff 002 - 333 -004 non-conforming projecting sign May 1983 1441 Monterey Mid State Elec. 001 - 231 -024 Non- conformin .roof sign Apr. 1983 1599 Monterey Cap. Jacks vid. 001- 234 -005 non-conforming pole sign Feb. 1982 1601 Monterey Pe a Del ados 001- 237 -001 non-conforming pole sign Se . 1985 1628 Monterey Palm Motel 001 -142 -003 non-conforming pole sign in setback Sep.1983 1701 Monterey Standard Mot. 001 - 151 -014 Non-conforming sign, too large Dec. 1982 2223 Monterey Motel Inn 001- 112 -018 Non-conforming pole sign Sep.1987 1001 Olive Coachman 001- 204 -021 non-conforming monument signs Se . 1987 1638 Osos Gus's Grocery 003 -553 -014 awning sign where not allowed Jan. 1983 150 Pismo SDRC rec. 002 -501 -002 too large, non-conforming Feb. 1983 1951 Santa Barbara 2 businesses ? 003- 647_016 Signs in Setback, city right o way Feb. 1983 296 Santa Rosa Shell 001- 113 -010 non-conforming pole sign Jan. 1983 363 Santa Rosa Union 76 001- 112 -016 non-conforming pole sign Sep.1987 313 South McCarth 's 004 - 811 -013 non-conforming roof sign Jan. 1983 1340 Taft Union 76 001- 042 -022 non-conforming pole sign Oct. 1982 625 Toro El Toro motel 001- 121 -030 non-conforming pole signs Oct. 1982 1390 Walker CN signs 002 -505 -005 non-conforming pole sign aband. Apr. 1983 r;ti � � . -� - J ���,, e �,�'' :t ��� � �Vij��,� 1 F l +fit (, `J 1' O� RESOLUTION NO. 8972 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A RESIDENTIAL GROWTH MANAGEMENT PHASING SCHEDULE (GPI 126 -99) WHEREAS, the General Plan contains policies concerning a desirable maximum population growth rate, based on an acceptable pace of change, the provision of adequate public facilities and services, and mitigation of environmental impacts; and WHEREAS, Chapter 17.88 of the Municipal Code, Residential Growth Management Regulations, as amended by concurrent action of this Council, calls for establishment of a Phasing Schedule for development in annexation areas; and WHEREAS, the City Council conducted a public hearing on October 5, 1999, and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that: A. The potential environmental impacts of the proposed Phasing Schedule have been adequately addressed by the Environmental Impact Report for the Land Use Element & Circulation Element Updates which the Council certified August 23, 1994, and by the Negative Declaration for the Housing Element revision which the Council approved September 20, 1994. B. Implementation of the Land Use Element and Housing Element policies through the proposed Phasing Schedule will have no adverse impacts and does not require environmental mitigation. C. This determination reflects the independent judgment of the City Council. SECTION 2. The Phasing Schedule that is fully set forth in the attached Exhibit A is hereby adopted. On motion of Council Member Ewan, seconded by Council Member Marx and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None R 8972 Resolution No.8972 (1999 Series) Page 2 The foregoing resolution was adopted this 5" day of October, 1999. Mayor Allen K. 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C ■ �g § CD � RESOLUTION NO. 8971 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT MAP FOR A SIX -LOT RESIDENTIAL SUBDIVISION ON THE SOUTH SIDE OF EL CAPITAN WAY 856 AND 885 EL CAPITAN WAY (TR 71 -99; County File No. TR 2330) WHEREAS, the Planning Commission conducted a public hearing on August 25, 1999, and recommended approval of Vesting Tentative Tract Map 71 -99; and WHEREAS, the City Council conducted a public hearing on October 5, 1999 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 subdivision is consistent with the General Plan, the Edna -Islay Specific Plan, the Zoning Regulations, Planned Development 71 -99 and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of environmental impact with mitigation 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. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed tentative tract map, and reflects the independent judgement of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures into the project: 1. Consistent with Municipal Code Section 15.44.270, all graded surfaces shall be wetted, protected or contained in such a manner as to prevent dust or spill upon any adjoining property or street. The following measures shall constitute the project's dust management plan and shall remain in effect during all phases of that project's construction: a) Regular wetting of roads and graded areas (at least twice daily with complete coverage of all active areas); b) Increasing frequency of watering whenever winds exceed 15 mph; c) Cessation of grading activities during periods of winds over 25 mph; d) Direct application of water on material being excavated and/or transported onsite or offsite; e) Watering material stockpiles; and f) Periodic washdowns, or mechanical streetsweeping, of El Capitan Way in the vicinity of the construction site. R 8971 Resolution No. 8971 (1999 Series) "J Page 2. 2. The property owner shall grant an avigation easement to the County of San Luis Obispo via an avigation easement document prepared by the County. 3. Site development shall include a solid waste recycling plan. for recycling discarded building materials such as concrete, drywall, wood and metals from the demolition and construction phases. The plans must be submitted for approval by the Community Development Director prior to building permit issuance. 4. The final project shall be designed to include interior and exterior recycling. SECTION 2. Subdivision Findings. That this Council, after consideration of Vesting Tentative Tract Map 71 -99, and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the General Plan and the EISP; 2. The site is physically suited for the type and density of development proposed with the tentative tract map; 3. The subdivision design and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat; and 4. The design of the subdivision or the type of improvements will not conflict with easements for access through, or use of property within, the proposed subdivision. SECTION 3. Conditions of Approval. The vesting tentative map for Tract 71 -99 (County File Tract 2330) is approved subject to the following conditions: 1. The subdivider shall dedicate necessary right of way to complete a 17 m (56 ft) total street R/W. 2. The subdivider shall dedicate a 1.8m [6 ft] wide public utility easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 3. The subdivider shall dedicate a 3m [10 ft] wide street tree easement across the frontage of each lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 4. A detailed hydrology study indicating the effects of the proposed development on adjacent and downstream properties will be required. The scope of the study must include analysis of all affected public and private drainage facilities and creek capacities between this property and an adequate point of disposal and shall include recommendations for appropriate improvements that would reduce flooding. n Resolution No. 8971 (1994-geries) Page 3 If the study identifies any on -site areas subject to 100 -yr storm flooding, the developer shall process and complete a Federal Emergency Management Agency Letter of Map Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final acceptance of any development. Any lots or building pads, identified to be subject to flooding during a 100 -yr storm shall be graded to provide minimum pad elevations of at least 1 foot above the 100 -yr storm elevation. All areas subject to flooding shall be documented. 5. The development must be designed so as not to increase flooding downstream; detention facilities are required, to the satisfaction of the Public Works Director. All proposed detention basin and drainage improvements, except those within a public street, shall be privately owned and maintained by the property owner and/or homeowners association (if applicable). Maintenance responsibilities of detention facilities shall also be addressed, particularly if an existing off -site detention basin is used. If detention facilities are not owned or controlled by the subdivider, he shall submit written proof and verification that said detention facilities are provided in accordance with the approved tract map. 6. Existing water wells may remain in use to serve only the lot on which the well is located. Upon development, water well use shall comply with the City regulations and policies in effect at that time. All structures connecting to the City's water system and shall be required to pay all applicable water and sewer impact fees. 7. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements and drainage facilities shall be provided, to the satisfaction of the Director of Public Works. 8. Each lot shall be served with separate water, sewer, gas, electric, telephone and cable TV services in accordance with City standards. 9. Existing trees shall require safety pruning by a certified Arborist, to the satisfaction of the City Arborist. 10. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 11. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g. - all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the City Engineer. 12. A copy of all public improvement plans (record drawings) shall be submitted on 3.5" diameter computer diskettes in a format compatible with the City's CAD system and shall comply with the City's computer aided drafting standards (including but not limited to layering, symbols, line weights and colors, stationing, scale, etc...). Resolution No. 8971 (199y Series) Page 4 SECTION 4. Code Requirements. The vesting tentative map for Tract 71 -99 (County File Tract 2330) is approved subject to the following code requirements: 1. Traffic impact fees are required to be paid prior to the issuance of building permits. 2. Water & Wastewater fees are required to be paid prior to the issuance of a building permit for construction on any lot. 3. Street trees shall be planted on each lot at the time of development of each lot, per City Standards and to the satisfaction of the City Arborist. The number of trees is determined by one tree per 35 linear feet of street frontage. 4. EPA Requirement. General Construction Activity Storm Water Permit are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board. 5. A water allocation is required, due to the additional units. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation division can help in determining the needed allocation and the necessary number of retrofits. Water Conservation can be reached by calling 781 -7258. 6. Water and Wastewater Impact Fees shall be paid at the time building permits are issued. Both the Water and the Wastewater Impact Fees are based on the number of single family units being built. The cost of developing an allocation through retrofit could offset a portion of the required Water Impact Fee according to appropriate City policies. 7. Each parcel is to have its own separate water and wastewater service. Water services shall be manifolded in pairs, whenever possible, in accordance with City standards. 8. New construction shall meet the setback requirements of the Uniform Plumbing Code (UPC) table 7 -7 for water wells, if a well exists. 9. Lots shall be developed with grades that comply with the Uniform Building Code (UBC) appendix section 3315.4. 10. The subdivider shall pay Park -In -Lieu fees consistent with SLO Municipal Code Section 16.40.80. 11. The subdivider shall meet the Inclusionary housing requirement consistent with the SLO Municipal Code Section 17.91. Resolution No. 8971 (1999 Series) Page 5 SECTION 5. Effective Date: Vesting Tentative Tract Map 71 -99 (County file no. TR 2330) shall take effect on the effective date of the PD rezoning. On motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 5th day of October, 1999. Mayor Allen Settle A' City Clerk Lee Price, C.M.C. APPROVED AS TO FORM: Ck,L a' G Doc No: 1999-0&.48 Official Records Recording requested by San Luis Obispo Co. and when recorded mail to: Julie L Rodewal d Recorder Dec 03, 1999 City Clerk Time: 14:42 990 Palm Street San Luis Obispo, CA 93401 RESOLUTION NO. 8970 (1999 Series) Rpt No: 00105079 ;NF —1 0.00 ;TOTAL ___ 0.00 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A 10 FT. WIDE PUBLIC WAY AT 1890 & 1900 SAN LUIS DRIVE IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC ACCESS PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC EASEMENTS AND OTHER CONDITIONS. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on October 5, 1999, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that the 10 ft. -wide public way, as described and shown on the map marked Exhibit "A ", attached hereto and incorporated herein, is not necessary for present or future public access purposes. SECTION 2. This Council hereby orders the abandonment of said right -of -way subject to: A. Reservation of an easement for public utilities, storm drainage and emergency creek access purposes, over the entire abandonment area. B. Reserving to Pacific Gas & Electric Company, the right from time to time to install, maintain, repair, operate, replace, remove and renew lines of wires, poles and other structures, equipment and fixtures, both above ground and underground, for the operation of said facilities in the subject public way. C. Execution of an agreement wherein the respective adjacent property owners agree to be responsible for removal and replacement of fences, as necessary to repair or replace City storm drain or utility company facilities, and further agree to not plant trees or install any structures within the area of the easement reservation without specific approval by the Public Works Director and Community Development Director. D. Item C, above, must be met within one (1) year of this date. Otherwise, this resolution will expire and be null and void. SECTION 3. Upon notification to the City Clerk by the Director of Public Works that the condition prescribed in Section 2 B. above has been met, the City Clerk shall cause a certified copy of this Resolution of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the San Luis Obispo County Recorder. Resolution No. 8970 (1999 Series) Page 2 On motion of Vice Mayor Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 5'n day of October, 1999. Lee Price, City Clerk Mayor Allen K. Settle jut LL` Vt' a/i. %-JMii liV1\ VT ClDlil \LVl \l�li'.1\ 1 I That certain 10 R -wide public -way", as shown on Tract 43 as recorded in Book 5 of Maps, at Page 64, in the Office of the I San Luis Obispo County Recorder, State of California, lying ZO7. 00 I tween Lots 8 and 9 of Block 4 of said Tract 43. I �1 V Skm, Apt ti Oa � O rm � 2/0.4$ ' ' 0� j 41, � 1 � C. 4 ; ; W � I �3•: O 90 12S40 �i %Z O ?IWOl94O SAN t o/S At , A& CEa_ rAeo IA sill / 9.%F7 lo` 1�1t off; /05.02 /Od 946 �`0. O t ^ Q V7 ; /00 SAV Lv /S 140.96 I i25.00 /25.00 I /42.55 i ISZ . AAAA1m,A1AI0&r OF 00010/4' x/lWT- aF -w,oy 0FrwOZa JAN. ��is ��iv�, /0'0 f /900 X41 \`J RESOLUTION NO. 8969 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, THEREBY APPROVING A USE PERMIT MODIFICATION TO ALLOW THE SALE OF BEER AND WINE AT A FAMILY ENTERTAINMENT CENTER IN THE MARIGOLD SHOPPING CENTER (KIDZPLAY), 3860 BROAD #1, MOD125 -999 A206 -98 WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on August 25, 1999, for the purpose of considering an appeal of the Hearing Officer's decision to deny a use permit modification to allow the sale of beer and wine at a family entertainment center in the Marigold Shopping Center; and WHEREAS, on August 25, 1999, the City Planning Commission upheld the appeal, thereby approving use permit modification (MOD 125-99) based on findings and subject to conditions listed in Planning Commission. Resolution 5264 -99, incorporated herein by reference; and WHEREAS, the Planning Commission's action was appealed to the City Council by Melby Heasley and 16 others on August 31, 1999 and WHEREAS, the City Council conducted a public hearing on, October 5, 1999, for the purpose of considering the appeal to the Planning Commission action on Use Permit Modification, MOD125 -99; and WHEREAS, the City Council has considered testimony of the applicant, appellant, interested parties, the records of the Planning Commission hearings and actions, and the evaluation and recommendation of staff. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. The appeal is denied and use permit amendment is approved based on the following findings: 1. The sale of beer and wine is minor and incidental to the business's primary function of providing family entertainment. 2. The modified use will not adversely affect the health, safety or welfare of persons living or working at the site or in the vicinity, because the sale of beer and wine will be limited to adult guests and will be heavily regulated, by the business and the Department of Alcoholic Beverage Control, to assure that an unsafe environment is not created at the premise and the shopping center. J Resolution No. 8969 (1999 Series) Page 2 3. The modified use is appropriate at the proposed location because the sale of beer and wine is an accessory use that will not change the primary function of the family entertainment center which is compatible and complimentary to the existing uses in the Marigold Shopping Center. SECTION 2. Conditions. The use permit amendment is approved subject to the following conditions: 1. Beer and wine may be sold only in conjunction with the selling of food items from the snack bar. 2. Sales of beer and wine shall be limited to the hours of 12:00 p.m. and 10:00 p.m. 3. There shall be no advertisement or display of beer or wine visible from off the premises. 4. The City Council will review the permit after one year of operation of the facility if problems related to the sale of alcoholic beverages are apparent, to determine whether the condition allowing beer and wine sales should be continued, modified or revoked. On motion of Council Member Marx, seconded by Mayor Settle, and on the following roll call vote: AYES: Council Members Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: Council Member Ewan The foregoing resolution was passed and adopted this 5' day of October, 1 Lee Price, City Clerk, C.M.C. APPROVED AS TO FORM: �- o � �a' ✓ `� 1�-• (/� ��� -�� ��� RESOLUTION NO. 8968 (1999 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING INTENTION TO REIMBURSE EXPENDITURES RELATING TO THE PRADO ROAD FREEWAY INTERCHANGE FROM THE PROCEEDS OF TAX- EXEMPT OBLIGATIONS OF THE CITY WHEREAS, the Council of the City of San Luis Obispo (City) is undertaking proceedings to facilitate a retail shopping center development known as the San Luis Marketplace, in connection with which it is necessary to finance the construction of a freeway interchange at Highway 101 and Prado Road (Interchange Project); and WHEREAS, in order to provide funds to finance the Interchange Project, the Council intends to issue and sell its tax- exempt Mello -Roos Community Facilities District Bonds in the aggregate principal amount of approximately $10 million for the Interchange Project (Bonds); and WHEREAS, in order to use the proceeds of the Bonds to reimburse advances made for the Interchange Project before the date of issuance of the Bonds, but not more than sixty (60) days before the date of adoption of this Resolution, Section 1.150 -2 of the United States Income Tax Regulations requires that the Council declare its intention to reimburse such advances from the proceeds of the Bonds; and WHEREAS, it is in the public interest and for the public benefit that the City declare its official intent to reimburse the expenditures referenced herein. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Declaration of Intent. The Council hereby declares that it reasonably expects to issue the Bonds and to use a portion of the proceeds thereof to reimburse advances made for the Interchange Project before the date of issuance of the Bonds, and not more than sixty (60) days before the date of adoption of this Resolution. The Bonds shall be issued in an aggregate principal amount which is sufficient to raise funds for the Interchange Project in the approximate amount of $10 million SECTION 2. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. Upon motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Member Schwartz, Vice Mayor Romero, and Mayor Settle NOES: Council Members Ewan and Marx ABSENT: None Resolution No. 8968 (1999 Series) Page 2 The foregoing resolution was adopted this 21" day of September, 1999. Lee Price, City Clerk APPROVED AS TO FORM: Mayor Allen ��J / n /J !_ \/V/ ��''JL �� �� �� RESOLUTION NO. 8967 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXPENDITURE OF $95,153 FROM THE 1999 -00 STATE BUDGET TO ASSIST IN FUNDING PUBLIC SAFETY EQUIPMENT AND PERSONNEL WHEREAS, the adoption of the 1999 -00 State budget, the legislature passed AB 1584 which established the Supplemental Local Law Enforcement Fund; and WHEREAS, AB 1584 appropriated $100 million to supplement local law enforcement budgets; and WHEREAS, the City of San Luis Obispo has received $95,153 from the 1999 -00 California State budget as granted under AB 1584; and WHEREAS, the funds may be applied to programs or projects which are in existing budgets but are under- funded; and WHEREAS, a public hearing was held on September 21, 1999, to receive public input on the recommendations for the use of these funds; NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo approves the expenditure of $95,153 as received from the 1999 -00 California State budget to assist in funding Public Safety equipment and personnel, and authorizes the City Administrative Officer to execute any grant related documents. Upon motion of Vice Mayor Romero, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was ATT S Lee Price, City Clerk APPROVED AS TO FORM: Mayor Allen Settle I TIM this 2 V day of September, 1999. n RESOLUTION NO. 8966 (1999 Series) A RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD AUTHORIZING THE ISSUANCE AND SALE OF LEASE REVENUE BONDS IN THE MAXIMUM PRINCIPAL AMOUNT OF $139300,000 FOR THE PURPOSE OF PROVIDING FINANCING TO THE CITY OF SAN LUIS OBISPO, AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS WHEREAS, the City Council of the City of San Luis Obispo (the "City") has previously adopted its Ordinance No. 1059 (1986 Series) on April 15, 1986 (the "Ordinance "), establishing the City of San Luis Obispo Capital Improvement. Board (the "Board ") for the purpose of assisting the City in the financing of public improvements; and WHEREAS, the City has previously financed the acquisition and the construction of improvements to the water treatment and distribution enterprise of the City (the "Water System ") from the proceeds of the Certificates of Participation dated as of December 1, 1988, delivered in the aggregate original principal amount of $5,000,000 (the "1988 Certificates "), evidencing the direct, undivided fractional interests of the owners thereof in lease payments made by the City under that certain Lease Agreement dated as of December 1, 1988, by and between the Board as lessor and the City as lessee (the "1988 Lease "), which lease payments are payable solely from the net revenues derived by the City from the Water System; and WHEREAS, the City has previously financed the acquisition and construction of certain open space property, public park property and the rehabilitation of a recreation center from the proceeds of the 1990 Certificates of Participation dated as of December 1, 1990, delivered in the aggregate original principal amount of $4,500,000 (the "1990 Certificates "), evidencing the direct, undivided fractional interests of the owners there of in lease payments made by the City under that certain Lease Agreement dated as of December 1, 1990, by and between the Board as lessor and the City as lessee (the "1990 lease "), which lease payments are payable from any source of legally available funds of the City; and WHEREAS, in order to realize interest rate savings, the City has proposed to refinance its obligations under the 1988 and the 1990 Lease, and the City has further determined to finance the acquisition and construction of various properties and improvements to be used for the municipal purposes of the City, including but not limited to athletic fields, police station expansion, public park property and historical museum expansion (collectively, the "Project "); and WHEREAS, to that end the City has agreed to sell to the Board certain land which contains a portion of the Project pursuant to an Acquisition Agreement by and between the City as seller and the Board as purchaser, and the City and the Board have agreed to amend and restate the 1988 Lease and the 1990 Lease pursuant to a First Amended and Restated Lease Agreement whereby the Board leases to the City the properties which are currently subject to the 1988 Lease and the 1990 Lease, together with the existing properties sold to the Board by the City under the Acquisition Agreement; and i A Resolution No. 8966 (1999 Series) Page 2 WHEREAS, lease payments made by the City under the Lease are proposed to e assigned by the Board to the Trustee for the security of 1999 Lease Revenue Bonds to be issued by the Board under an Indenture of Trust by and between the Board and U. S. Bank Trust National Association, as trustee, the proceeds of which will be applied to provide funds to refinance the city's obligations under the 1988 Lease and the 1990 lease and to finance the acquisition and construction of the Project; and WHEREAS, the Board of directors wishes at this time to approve such financing transactions and all documents relating thereto; NOW THEREFORE BE IT RESOLVED by the Board of Directors of the City of San Luis Obispo Capital Improvement Board as follows: SECTION 1. Issuance of Bonds; Approval of Indenture. The Board of Directors hereby authorizes the issuance of the Bonds under and pursuant to Ordinance in the maximum principal amount of $13,300,000. The Bonds shall be issued pursuant to the terms and provisions of the Indenture, which the Board hereby approves in substantially the form on file with the Secretary, together with any changes therein or additions thereto deemed advisable by the Executive Director, whose execution thereof shall be conclusive evidence of the approval of any such changes or additions. The Board of Directors hereby authorizes and directs the Executive director to execute, and the Secretary to attest and affix the seal of the Board to, said form of the Indenture for and in the name of the Board. The Board of Directors hereby authorizes the delivery and performance of the Indenture. SECTION 2. Approval of Related Financing Agreements. The Board of directors hereby approves each of the following agreements required to implement the financing plans to be accomplished by the Bonds, in substantially the respective forms on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Executive Director, whose execution thereof shall be conclusive evidence of the approval of any such changes or additions. The Executive Director is hereby authorized and directed for and in the name and on behalf of the Board to execute, and the Secretary is hereby authorized and directed to attest and affix the seal of the Board to, the final form of each such agreement: (a) Acquisition Agreement, by and between the City and the Board, whereby the City sells to the Board certain land constituting a part of the Project, consisting generally of the site of the athletic field improvements and the police station expansion facilities, (b) First Amended and Restated Lease Agreement, between the Board as lessor and the City as lessee, whereby the Board leases the property which is subject to the 1988 Lease and the 1990 Lease, and the property sold to the Board by the City under the foregoing Acquisition Agreement, to the City in consideration of the City's agreement to pay semiannual lease payments as the rental for such properties; and (c) Assignment Agreement by and between the Board and the Trustee, whereby the Board assigns certain of its rights under the Lease Agreement to the Trustee for the benefit of the Bond owners. Resolution No. 8966 (1999 Series) Page 3 SECTION 3. Authorization of Competitive Sale of Bonds. The Board of directors hereby authorizes and directs the competitive sale of the Bonds in accordance with the Notice Inviting Bids in substantially the form on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Chief Financial Officer. The Chief Financial Officer is hereby authorized and directed for and in the name and on behalf of the Board to accept the best bid for the sale of the Bonds, as determined in accordance with the Notice Inviting Bids. SECTION 4. Publication of Notice. Pursuant to 53692 of the Government code, Jones Hall, as bond counsel to the Board, is hereby authorized and directed to cause the Notice of Intention to Sell bonds, in substantially the form on file with the Secretary together with any changes therein or additions thereto deemed advisable by the Executive Director, to be published once in The Bond Buyer. Such publication shall be made not later than fifteen (15) days prior to the date set for receipt of bids on the Bonds. SECTION 5. Official Statement. The Board of Directors hereby approves the preliminary Official Statement describing the Bonds in substantially the form submitted by the Financial Adviser and on file with the Secretary. The Chief Financial Officer is hereby authorized and directed to approve any changes in or additions to said preliminary Official Statement and to execute an appropriate certificate stating the Chief Financial Officer's determination that the preliminary Official Statement (together with any changes therein or additions thereto) has been deemed nearly final within the meaning of Rule 15c2 -12 of the Securities Exchange Act of 1934. Distribution of the preliminary Official Statement by the Financial Adviser to prospective bidders is hereby approved. The Chief Financial Officer is hereby authorized and directed to approve any changes in or additions to a final form of said Official Statement, and the execution thereof by the Chief Financial Officer shall be conclusive evidence of approval of any such changes and additions. The Board of directors hereby authorizes the distribution of the final Official Statement by the winning bidder. The final Official Statement shall be executed in the name and on behalf of the Board by the Chief Financial Officer. SECTION 6. Official Actions. The Executive Director, the Chief Financial Officer, the Secretary, the Board Attorney and all other officers of the Board are each authorized and directed in the name and on behalf of the Board to make any and all site leases, assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them might deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved pursuant to this Resolution. Whenever in this resolution any officer of the Board is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer shall be absent or unavailable. SECTION 7. Effective Date. This Resolution shall take effect immediately upon its passage and adoption. Resolution No. 8966 (1999 Series) Page 4 Upon motion of Council Member Marx, seconded by Vice Mayor Romero, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 21 st day of September 1999. Mayor Allen Settle AT ST: Secretary Lee Price, City Clerk APPROVED AS TO FORM: o 0 RESOLUTION NO. 8965 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A CITY DONATION ACCEPTANCE POLICY WHEREAS, individuals, community groups, and businesses may wish to make donations to the City in either cash or in -kind contributions that enhance projects, facilities, and programs; and WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to fund all such needed projects; and WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to enhance City programs and/or facilities to provide a higher level of service to the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby adopts the following policy concerning the acceptance of donations: 1. The donation must have a purpose consistent with City goals and objectives 2. The City may decline any donation without comment or cause. 3. The donation will not be in conflict with any provision of the law. 4. The donation will be aesthetically acceptable to the City. 5. The donation will not add to the City's workload unless it provides a net benefit to the City. 6. The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. 7. The donation places no restriction on the City, unless agreed to by the City Council. 8. The donation shall become property of the City. 9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marking, or naming. Any naming of Parks and Recreation facilities shall be consistent with City policy on the naming of such facilities as set forth in Resolution 8621 (1997 Series). Regardless of the recognition strategy selected, the intent. shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising shall be avoided. 10. Donations exceeding $5,000 shall be accepted through a written agreement consistent with these guidelines and approved by the City Council. In -kind capital donations will be subject to normal City review, permitting, inspection, and insurance requirements. Upon motion of Council Member Marx seconded by Council Member Ewan, and on the Resolution No. 8965 (1999 Series) Page 2 following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 7th day of September, 1999. APPROVED AS TO FORM: Wmelm, wwogol � ,� C C d ���,v�. RESOLUTION NO. 8964 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A SECOND ONE -YEAR TIME EXTENSION FOR FILING THE FINAL TRACT MAP FOR VESTING TENTATIVE MAP NO. 2134 (TR 220 -92) LOCATED AT 953 ORCUTT ROAD WHEREAS, The City Council approved a tentative map for Tract 2134 on August 31, 1993 for an effective period of 24 months; and WHEREAS, the State Legislature has on two separate occasions granted automatic time extensions that extended the initial life of the tentative map until August 31, 1998; and WHEREAS, the City Council granted a one -year time extension on August 31, 1998, extending the initial life of the tentative map until August 31, 1999; and WHEREAS, the applicant has requested a second one -year extension pursuant to the State Subdivision Map Act and City Ordinances. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council finds and determines that there have been no changes in land use policies or ordinances affecting the project approval and that the one -year time extension is justified. SECTION 2. Approval. The request for approval of the second one -year time extension for Tract Map No. 2134 is hereby approved subject to the original findings and conditions, as specified in City Council Resolution No. 8205. SECTION 3. The new expiration date for the tentative map is August 31, 2000. On motion of Vice Mayor Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 7°i day of September, 1999. L G� Mayor Allen Settle Resolution No. 8964 (1999 Series) Page 2 APPROVED AS TO FORM: Ii/M� /.,�.% ? • i j • /- en , I (z) O O RESOLUTION NO. 8963 (1999 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADDING PROPERTIES AT 491 HILL STREET; 249 MISSION LANE; 728, 734, AND 752 MISSION STREET; 501, 644, AND 676 MOUNTAIN VIEW; 764, 807, 814, 815, 822, 8239 8299 836, 851, 8549 8599 8699 8719 8839 8849 AND 894 MURRAY AVENUE; 747, 7509 7629 AND 783 ROUGEOT PLACE TO THE CONTRIBUTING PROPERTIES LIST OF HISTORIC RESOURCES WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Master List of Historic Resources" and "Contributing Properties List" (collectively referred to as "Historic Resources "), along with procedures for adding properties to the listing; and WHEREAS, on May 24, 1999, June 28, 1999, and August 23, 1999, following such procedures the Cultural Heritage Committee held public hearings to consider recommending to the City Council the addition of several properties in the City of San Luis Obispo to the Contributing Properties List due to their historical and/or architectural significance to their neighborhood and to the community; and WHEREAS, at said meetings, the Cultural Heritage Committee reviewed the historical documentation on the following properties and recommended that the City Council add these properties to the Contributing Properties List of Historic Resources: • 491 Hill Street; • 249 Mission Lane; • 728, 734, and 752 Mission Street; • 501, 644, and 676 Mountain View; • 764, 807, 814, 815, 822, 823, 829, 836, 851, 854, 859, 869, 871, 883, 884, and 894 Murray Avenue; • 747, 750, 762 and 783 Rougeot Place.. WHEREAS, this City Council considered this recommendation at an advertised public hearing on September 7, 1999 pursuant to historic preservation guidelines established by Council Resolution No. 6157 (1987 Series). NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that based on the Cultural Heritage Committee's recommendation, documentation as described in the Historical Resource Inventory for each property, on file in the Community Development Department, public testimony, the staff report, and on the City's Historical Preservation Program Guidelines the following: SECTION 1. Addition to Contributing Properties List. The following properties have been found to contribute to the historic and architectural character of the City, meet the criteria for inclusion on the Contributing Properties List, and are hereby deemed Contributing Properties: I I Resolution No. 8963 (1999 Series) Page 2 • 491 Hill Street; • 249 Mission Lane; • 728, 734, and 752 Mission Street; • 501, 644, and 676 Mountain View; • 764, 807, 814, 815, 822, 823, 829, 836, 851, 854, 859, 869, 871, 883, 884, and 894 Murray Avenue; • 747, 750, 762 and 783 Rougeot Place. SECTION 2. Environmental Determination. The City Council hereby determines that this action is not a "project" as defined in Article 20 of the California Environmental Quality Act (CEQA) since it does not have the potential for resulting in a physical change in the environment, and therefore, is not subject to environmental review requirements. SECTION 3. Publish Revised Contributing Properties List. The Community Development Director is hereby directed to amend the Contributing Properties List to include the properties listed above and to publish revised historic resource listings for public distribution. On motion of Council Member Schwartz, seconded by Vice Mayor Romero and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 7th day of September, 1999. Mayor Allen K. Settle APPROVED AS TO FORM: �- 'v C�� Q RESOLUTION NO. 8962 (1999 Series) RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO WHEREAS, the Public Employees' Retirement Law permits the participation of public agencies and their employees in the Public Employees' Retirement System by the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject themselves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedures to amend this contract is the adoption by the governing body of the public agency of a resolution giving notice of its intention to approve an amendment to said contract, which resolution shall contain a summary of the change proposed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Section 21574 (Fourth Level of 1959 Survivor Benefits) and Section 21024 (Military Service Credit as Public Service) for local police members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency does hereby give notice of intention to approve an amendment to the contract between said public agency and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto as an "Exhibit" and by this reference made a part hereof. Upon motion of Council Member Schwartz, seconded by Vice Mayor Romero, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 7' day of September, 1999. Mayor Allen Settle Lee Price,'City Clerk R 8962 Resolution 8962 (1999 Series) Page 2 APPROVED AS TO FORM: CaIPERS EXHIBIT Cali fomia Public Employees' Retirement System VA 1111111ii 1111 111- III poey; 119% 1 Between the Board of Administration California Public ]Employees' Retirement System and the City Council City of San Luis Obispo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October 3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978, January 16, 1980, May 1, 1980, July.1, 1980, July 1, 1983, July 1, 1986, July 23, 1987, November 16, 1989 and Aug_ ust 8, 1993 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective August 8, 1993, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided: "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. R 8962 1 I P! Ek';F DO NOT SIGN "EXHIBIT ONLY" 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except . those, which by express provisions thereof, apply only on the election of a. contracting agency. 3. Employees of Public .Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: a. CROSSING GUARDS 5. The percentage of final compensation to be provided for each year of credited ,prior and current service as a local miscellaneous member shall be determined in accordance with Section 21353 of said Retirement Law (2 °/a at age 60 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a local safety member shall be determined in accordance with Section 21362 of said Retirement. Law (2% Pt age 50 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits) for local Miscellaneous members and local fire members only. b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. C. Sections 21624, 21626 and 21628 (Post - Retirement Survivor Allowance) for local safety members only. d. Section 20966 (Credit for Unused Sick Leave). PLEASE DO NOT SIGN "EXi IRT ONLY" e. Section 20042 . (One -Year Final Compensation) for local miscellaneous members; for those local fire members entering membership on or prior to July 1, 1986; and for those local police members entering membership on or prior to July 23, 1987. f. Section 20475 (Different Level of Benefits). Section 20024.2 (One- Year Final Compensation) is not applicable to local fire members entering membership after July1, 1986 and to local police entering membership after July 23, 1987. g. Section 20903 (Two Years Additional Service Credit), Statutes of 1979. Legislation repealed said Section effective January 1, 1999 for local miscellaneous members only. 8. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on June 1, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section 20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per, covered member on account of the 1959 Survivor Benefits provided. under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local fire members. . b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a 'single account, based on term insurance rates, for survivors of all local police members. c. A reasonable amount; as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not :including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less. than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board, B. This amendment shall be effective on the day of 119 BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY KENNETH W. MARZION, CHIEF <'`h`' ACTUARIAL & EMPLOYER SERftES DIVISION PUBLIC EMPLOYEES' RETIREMENT SYSTEM J AMENDMENT PERS- CON=702A (Rev. 8\96) CITY COUNCIL CITY OF SANLUIS OBISPO BY PRESIDING OFFICER C \" Witness Date ``S \O Attest: od Q� Clerk J O Ca1PERS EXHIBIT California Public Employees' Retirement System 11 !1110010111411" 11INQUI Between the Board of Administration California Public Employees' Retirement System and the . I I City Council City of San Luis Obispo The Board of Administration, California Public Employees' Retirement System, hereinafter referred to as Board, and the governing body of the above public agency, hereinafter referred to as Public Agency, having entered into a contract effective July 1, 1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October 3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978, January 16, 1980, May 1, 1980, July.1, 1980, July 1, 1983, July 1, 1986, July 23, 1987, November 16, 1989 and August 8, 1993 which provides for participation of Public Agency in said System, Board and Public Agency hereby agree as follows: A. Paragraphs 1 through 12 are hereby stricken from said contract as executed effective August 8, 1993, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive: 1. All words and terms used herein which are defined in the Public Employees' Retirement Law shall have the meaning as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 50 for local safety members. R 8962 ENV NOT r1r i4 2. Public Agency shall participate in the Public Employees' Retirement System from and after July 1, 1952 making its employees as hereinafter provided, members of said System subject to all provisions of the Public Employees' Retirement Law except such as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a contracting agency. 3. Employees of Public Agency in the following classes shall become members of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members); b. Local Police Officers (herein referred to as local safety members); C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law; the following classes of employees shall not become members of said Retirement System: a. CROSSING GUARDS 5. The percentage of final compensation to be provided for each year of credited prior and current service as a local miscellaneous member shall be determined in accordance with Section 21353 of said Retirement Law (2% at age 60 Full). 6. The percentage of final compensation to be provided for each year of credited prior and current service as a. local safety member shall be determined in accordance with Section 21362 of said Retirement Law (2% at age 50 Full). 7. Public Agency elected and elects to be subject to the following optional provisions: a. Section 21573 (Third Level of 1959 Survivor Benefits) for local miscellaneous members and local fire members only. b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local police members only. C. Sections 21624, 21626 and 21628 (Post - Retirement Survivor Allowance) for local safety members only. d. Section 20965 (Credit for Unused Sick Leave). e. Section 20042 (One -Year Final. Compensation) for local miscellaneous members; for those local fire members entering membership on or prior to July 1, 1986; and for those local police members entering membership on or prior to July 23, 1987. f. Section 20475 (Different Level of Benefits). Section 20024.2 (One - Year Final Compensation) is not applicable to local fire members entering membership after Julyl , 1986 and to local police members entering membership after July 23, 1987. g. Section 20903 (Two Years Additional Service. Credit), Statutes of 1.979. Legislation repealed said Section effective January 1, 1999 for local miscellaneous members only. 8. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on June 1, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section .20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local fire members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement. Law. (Subject to annual change_ .) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates; for survivors of all local police members. c. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. :�i I SIGN e. Section 20042 (One -Year Final. Compensation) for local miscellaneous members; for those local fire members entering membership on or prior to July 1, 1986; and for those local police members entering membership on or prior to July 23, 1987. f. Section 20475 (Different Level of Benefits). Section 20024.2 (One - Year Final Compensation) is not applicable to local fire members entering membership after Julyl , 1986 and to local police members entering membership after July 23, 1987. g. Section 20903 (Two Years Additional Service. Credit), Statutes of 1.979. Legislation repealed said Section effective January 1, 1999 for local miscellaneous members only. 8. Public Agency, in accordance with Government Code Section 20790, ceased to be an "employer" for purposes of Section 20834 effective on June 1, 1976. Accumulated contributions of Public Agency shall be fixed and determined as provided in Government Code Section .20834, and accumulated contributions thereafter shall be held by the Board as provided in Government Code Section 20834. 9. Public Agency shall contribute to said Retirement System the contributions determined by actuarial valuations of prior and future service liability with respect to local miscellaneous members and local safety members of said Retirement System. 10. Public Agency shall also contribute to said Retirement System as follows: a. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21573 of said Retirement Law. (Subject to annual change.) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates, for survivors of all local miscellaneous members and local fire members. b. Contributions required per covered member on account of the 1959 Survivor Benefits provided under Section 21574 of said Retirement. Law. (Subject to annual change_ .) In addition, all assets and liabilities of Public Agency and its employees shall be pooled in a single account, based on term insurance rates; for survivors of all local police members. c. A reasonable amount, as fixed by the Board, payable in one installment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. C� d. A reasonable amount, as fixed by the Board, payable in one installment as the occasions arise, to cover the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation. and valuations required by law. 11. Contributions required of Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement L_ aw, and on account of the experience under the Retirement System as determined by the periodic investigation and valuation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within fifteen days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the correct amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances. Adjustments on account of errors in contributions required of any employee may be made by direct payments between the employee and the Board.. B. This amendment shall be effective on the . day of BOARD OF ADMINISTRATION PUBLIC EMPLOYEES' RETIREMENT SYSTEM BY KENNETH W. MARZION, CHIEF ACTUARIAL & EMPLOYER SERVICES DIVISION PUBLIC EMPLOYEES' RETIFZE,Ai1ENT SYSTEM �} r AMENDMENT PERS- CON -702A (Rev. 8\96) CITY COUNCIL CITY OF SANLUIS OBISPO 19- BY _ PRESIDING OFFICER zj.. Witness Date O Attest: PSF. ,ra�� AGREEMENT TO POOL 1959 SURVIVOR B_ ENEFITS ASSETS AND LIABILITIES BETWEEN THE BOARD OF ADMINISTRATION CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL CITY OF SAN LUIS OBISPO WHEREAS, Government Code Section 21574'provides for a single employer rate to be established to provide benefits under said Section on account of members employed by contracting agencies electing to include the provision of said Section in their contracts; and WHEREAS, Code Section 21574, requires pooling of all assets and liabilities of all contracting agencies subject to said Section; NOW, THEREFORE BE IT AGREED, that assets and liabilities of the City of San Luis Obispo and its covered employees shall be pooled pursuant to the provisions of Government Code Section 21574. BOARD OF.ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE CITY OF SAN LUIS OBISPO BY BY �t . KENNETH W. MARZION, CHIEF PRESIDING G OOFFICER the ACTUARIAL & EMPLOYER SERVICES DIVISION Y PUBLIC EMPLOYEES' RETIREMENT SYSTEM %te PERS- CON-59 (Rev.7 /96) CALIFORNIA PUBL. _ EMPLOYEES' RETIREMENT SY, --M Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (916) 326 -3420 CERTIFICATION OF COMPLIANCE WITH GOVERNMENT CODE SECTION 7507 I hereby certify that in accordance with Section 7507 of the Government Code the future annual costs as determined by the System Actuary and/or the increase in retirement. benefit(s) have been made public at a public meeting of the on City Council ofthe (governing body) Ci r3r of Can T.ni c Qhi enn - - .- (public agency) September 7, 1999 which is at least two weeks prior to the adoption of the (date) Resolution / Ordinance. Date September 14, 1999 PERS- CON -12A (rev. 1/96) City Clerk Title CALIFORNIA PUBLI ^MPLOYEES' RETIREMENT SYS ✓ wl Actuarial and Employer Services Division Public Agency Contract Services P.O. Box 942709 Sacramento, CA 94229 -2709 (916) 326 -3420 CERTIFICATION OF GOVERNING BODY'S ACTION I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the City co,,,, ; 1 of the (governing body) City of San Luis Obispo (public agency) on September 7, 1999 (date) Clerk/Secretary City Clerk Title PERS- CON -12 (rev. 1196) 0 RESOLUTION NO. 8961 (1999 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY GRANT PROGRAM - FISCAL YEAR 2000 -2001 UNDER THE HABITAT CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE PROTECTION ACT OF 1990 IN SUPPORT OF ACQUISITION OF THE FOSTER PROPERTY WHEREAS, the People of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire and/or develop facilities for public recreation and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been assigned the responsibility for the administration of a portion of the program within the state, including the establishment of necessary procedures governing grant applications by local agencies under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of the application before submission of said application to the State; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: SECTION 1. Authorizes the filing of an application for the Habitat Conservation Fund Grant Program under the California Wildlife Protection Act of 1990 state grant assistance in support of the Foster property acquisition project for purposes of habitat protection and enhancement; and SECTION 2. Certifies that said applicant understands the assurances and certification in the application form; and SECTION 3. Certifies that said applicant has or will have available prior to commencement of any work on the project included in this application, the required match and will have sufficient funds to operate and maintain the project; and SECTION 4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. Resolution 8961 (1999 Series) Page 2 Upon motion of Vice Mayor Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Member Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 7' day of September, 1999. Allen K. Settle, Mayor Lee Price, City Clerk APPROVED AS TO FORM: r . J C rc ^�L J i RESOLUTION NO. 8960 (1999 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO, CALIFORNIA, APPROVING AN AMENDMENT TO THE COOPERATION AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS OBISPO ESTABLISHING JOINT PARTICIPATION IN AN URBAN COUNTY GRANT PROGRAM FOR PROGRAM YEARS 2000 THROUGH 2002 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, 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; WHEREAS, the City and County have executed a cooperation agreement guiding the parties' participation in the Urban County for Program Years 1999 through 2002; WHEREAS, HUD has notified the Urban County that before the City can use 1999 federal grant funds, an amendment to the executed cooperation agreement is necessary to maintain consistency with HUD's policies and requirements; and WHEREAS, the City Council has reviewed the proposed amendment and determined that it is unlikely to affect the amount or administration of City grant funds under the Urban County Program; THEREFORE, BE IT RESOLVED by the San Luis Obispo City Council as follows: SECTION 1. Findings. 1. The proposed Cooperation Agreement amendment 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 amendment will not adversely affect Urban County funding, funding administration, or grant programs and is necessary to utilize 1999 federal grant funds; Oa Resolution 8960 (1999 Series) Page 2 3. The Cooperation Agreement and proposed amendment thereto 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 sign the amendment to the executed Urban County Cooperation Agreement, Exhibit "A ", with the County to enable continued 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 all other activities necessary to carry out the intent of the agreement and amendments thereto. On motion of Vice Mayor Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 7th day of September, 199 . Mayor A len K. Settle APPROVED: FA lSRI) ,L, e A o1 DIV- 0 RESOLUTION NO. 8959 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, THEREBY APPROVING A USE PERMIT TO ALLOW A MULTI -LEVEL PARKING GARAGE WITH A BUILDING HEIGHT EXCEPTION, STREET YARD VARIANCE AND LOT COVERAGE VARIANCE, 860 PACIFIC STREET, UN -28 -99 WHEREAS, the Planning Commission, on July 14, 1999, denied Use Permit and Variance, UN- 28 -99, to allow a multi -level parking structure with a building height exception, and denied variances to street yard and lot coverage requirements for said structure; and WHEREAS, the City of San Luis Obispo - Public Works Department filed an appeal of the Planning Commission's action on July 20, 1999; and WHEREAS, the City Council conducted a public hearing on, August 17, 1999, for the purpose of considering the appeal to the Planning Commission action on Use Permit and Variance, UN- 28 -99, the Environmental Impact Report Supplement (EIRS) and a General Plan consistency determination for acquisition of additional property for the project; and WHEREAS, the City Council has considered testimony of the applicant/appellant, interested parties, the records of the Planning Commission hearings and actions, and the evaluation and recommendation of staff; and WHEREAS, the City Council certified the EIRS prepared for the Marsh Street Garage Expansion as being prepared in compliance with the California Environmental Quality Act (CEQA). BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Use Permit. The appeal is upheld and the use permit is approved based on the following findings: The EIRS adequately addresses the proposed changes to the parking garage expansion project, and can be used in taking a final action on all aspects of the project, including the use permit, building height exception, street yard variance and lot coverage variance. 2. The multi -level parking garage is consistent with the General Plan and the Downtown Physical Concept Plan which show the site developed with a parking structure. 3. The proposed use is appropriate at the proposed location and will be compatible with surrounding uses with implementation of the conditions of approval and the mitigation measures contained in the FEIR and EIRS. Resolution No. 8959 (1999 Series) Page 2 SECTION 2. Building Height t, Exception. The appeal is upheld and the building height ' exception is approved based on the following findings: 1. The building height will not deprive existing uses of reasonable solar access given its location and uses adjacent to the structure. Those uses most affected by the building are the rear of existing commercial uses to the north, an existing surface parking lot to the east and the existing parking garage to the west. 2. Given the site's location and orientation, those properties most affected by shading will be the rear of the commercial properties along Marsh Street (The Parable and the Post Office), the existing parking garage, and public streets. 3. The building height is compatible with existing uses in the area and maintains the appropriate relationships with surrounding buildings. A similar height exception was granted for the original Marsh Street parking garage that was approved on December 2, 1987. 4. The EIRS concludes that the building will have less than significant impacts on continuous views towards scenic features with the primary garage setback from the street. SECTION 3. Variance. The appeal is upheld and the variances to street yard and lot coverage requirements are approved based on the following findings: 1. The street yard and lot coverage variances are justified because there are circumstances applying to the site and use which do not apply generally to the land in the vicinity with the same zoning. Those circumstances are: a) the property carries two zoning designations (C -C and O) with different property development standards, which makes it difficult for the property to be developed in accordance with the standard of each zone; b) the site is comprised of several small parcels configured in a manner that does not allow for full compliance with strict development standards and proper functioning of the intended use (parking structure); and c) several of the underlying parcels are shared with existing uses (the Post Office and original parking structure) which makes it difficult for the project to meet the street yard and lot coverage requirements and function properly; and d) a significant portion of the site is subject to the constraints of the Post Office Operating Agreement and Purchase Agreement. 2. The variance for street yard and lot coverage will not constitute a grant of special privilege and will be consistent with developments on other properties with the same zoning in the immediate vicinity, based on the following: a) no other parcels, in the vicinity, are large enough and available for the parking garage use; and b) the variance will bring the project site up to parity with other properties in the vicinity with the same zoning, that were granted deviations to property development standards; and c) the Parking Structure is a unique type of public use, with unique constraints, which will benefit the general public, and will not set precedent for other development in the area. 3. The street yard and lot coverage variances will not adversely impact health, safety and welfare of people working or living in the area. The street yard variance is for the office E Suva Resolution No. 8959 (1999 Series) Page 3 spaces only. The office spaces constitute a small portion of the overall structure and are situated in a location that will not obstruct traffic visibility. The FEIR and EIRS conclude that the project, with street yard and lot coverage variances, will not result in significant unavoidable environmental impacts, including health, safety and welfare. SECTION 4. Conditions. The appeal is hereby upheld and the use permit and variances are approved subject to the following conditions: 1. All City Council approved mitigation measures contained in the Final EIR and EIRS shall be included as conditions of approval, and are incorporated herein by reference. 2. The Planning Commission shall review annually the impacts of the parking structure on the surrounding neighborhoods and its internal functioning to assure compliance with the approved mitigation measures and conditions of approval. At such times, the Commission may recommend additional mitigation measures and/or revise the use permit conditions. 3. One additional street tree is required on Pacific Street unless waived by the City Arborist. 4. The transit stop located on Marsh Street, east of Chorro Street, shall be retained. (Currently, a turning lane is indicated adjacent to the curb from Chorro to the entrance to the parking structure entrance. Transit vehicles will occupy this turn lane when transit stops are being made. 5. The bicycle lane striping adjoining the proposed turn lane into the parking structure shall be retained as a solid striped line. 6. Remove 8 existing on street parking spaces on Pacific Street at its intersection with Morro Street to improve stopping sight distance and accommodate bulb -outs. The spaces shall be removed as follows: a) All spaces on the northerly side of Pacific, between Morro and the existing parking garage exit. b) All spaces on the southerly side of Pacific, between Morro and the new parking garage exit. c) One space on Pacific at the northeast comer of Morro. d) Two spaces on Pacific at the southeast corer of Morro. e) All spaces on the easterly side of Morro, from Marsh to the Post Office truck entrance. SECTION 5. Code Requirements. The appeal is hereby upheld and the use permit and variances, UN- 28 -99, are approved subject to the following code requirements: 1. Based upon a total parking space count of 341, 8 accessible parking spaces are required. At i least 1 space shall be a van accessible space with an 8 foot unloading zone. A minimum ® clearance of 8' -2" shall be provided along the vehicle access path to and from the accessible parking spaces. R 8959 Resolution No. 8959 (1999 Series) Page 4 2. Curb ramps affording wheel chair access shall be provided on the ground floor level along pedestrian paths of travel into and within the structure. 3. Where the office spaces are sharing a common toilet room, either provide an additional exit to the outside from the common access area or provide individual toilet rooms to each office space. 4. Based on the property line location shown, the openings in the north wall of the structure (opposite the Post Office building) are NOT permitted. As shown, the wall must be of one- hour fire- resistive construction (less than 10 feet from the property line).All driveway ramps must be ADA compliant. Driveway ramps shown on the plans do not reflect the current City Standard Nos. 2110 (Marsh) & 2111 (Morro & Pacific). A water allocation may be required, due to the addition of restroom and office facilities. However, appropriate credit would be given for the old Recreation Department building which has been removed. Currently, a water allocation can only be obtained through the water retrofit program. The City's Water Conservation Division will determine any needed allocation and any necessary retrofits. Water Conservation can be reached by calling 781- 7258. 6. Water and Wastewater Impact Fees may be required at the time a building permit is issued. 1 Both the Water and the Wastewater Impact Fees are based on the size of any new water meters that are installed with the project, with appropriate credit being given for the meter that served the old Recreation building. The cost of developing an allocation through retrofit could offset a portion of the required Water Impact Fee according to appropriate City policies. 7. The height of the building may necessitate the use of approved backflow prevention devices on certain connections to the City system. The construction plans shall be reviewed by the County Department of Environmental Health for any backflow prevention requirements. The County cross - connection inspector, Henry Ruiz, can be reached at 781 -5567 On motion of, Vice Mayor Romero seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Member Schwartz, Vice Mayor Romero, Mayor Settle NOES: Council Members Ewan and Marx ABSENT: None R 8959 1 1 Resolution No. 8959 (1999 Series) Page 5 The foregoing resolution was adopted this 17" day of August, 1999. APPROVED AS TO FORM: WA 4&<:: - Mayor Allen Settle I;4:6 =i] 1 1 L1 Y I I RESOLUTION NO. 8958 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT SUPPLEMENT (EIRS) FOR THE MARSH STREET PARKING GARAGE EXPANSION AT THE NORTHERLY CORNER OF PACIFIC AND MORRO STREETS, UN -28 -99 WHEREAS, City Council certified the Final Environmental Impact Report (FEIR) for the Marsh Street Parking Garage Expansion in November of 1997; and WHEREAS, there are changes to the project, as described in the FEIR, and minor additions or changes are necessary to make the FEIR adequately apply to the revised project; WHEREAS, the Planning Commission and the City Council have held public hearings on the FEIR and the EIR Supplement (EIRS) in accordance with the California Government Code; and WHEREAS, the EIRS comes to the City Council after extensive review and with the comments of the Planning Commission and concerned public; and WHEREAS, the potential environmental impacts of the project have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1: Environmental Determination. The City Council hereby certifies that the EIRS for the Marsh Street Parking Garage Expansion project adequately identifies the project's potentially significant impacts and recommends mitigation measures. SECTION 2: Findin s. 1. The EIRS supplement was prepared in compliance with the California Environmental Quality Act (CEQA) and was considered by the City prior to any approvals of the project. 2. The EIRS supplement reflects the independent judgment of the City. 3. For each "Potentially Significant" effect identified in the EIR under the categories of Traffic, Air Quality, Historic Resources and Aesthetics, the approved mitigation measures contained in the EIR will avoid or substantially lessen the identified adverse environmental impacts of the project to a level of insignificance and have been incorporated into the project. 4. The Mitigation Monitoring Program has been reviewed and approved by the City Council in conjunction with the certification of the Final EIR. Resolution No. 8958 (1999 Series) Page 2 Upon motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Member Schwartz, Vice Mayor Romero, NOES: Council Members Ewan and Marx ABSENT: None The foregoing resolution was passed and adopted this 17'' day of August, 1999. ^ Mayor Allen Settle ATTEST, Lee Price 1 APPROVED AS TO FORM: lll� I I 1 r7 ,''J RESOLUTION NO. 8957 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE VESTING TENTATIVE TRACT 166 -98, SUBDMDING A 14.66 - ACRE SITE INTO 46 RESIDENTIAL PARCELS AND OTHER OPEN SPACE AND DETENTION BASIN LOTS AT THE SOUTHEAST CORNER OF FULLER ROAD AND BROAD STREET (TR 166 -98, County File No. 2289) WHEREAS, the Planning Commission conducted a public hearing on April 14, 1999 and recommended approval of Vesting Tentative Tract Map TR 166 -98; and WHEREAS, the City Council conducted a public hearing on June 15 and August 17, 1999 and has considered testimony of other 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 subdivision is consistent with the General Plan, the Edna -Islay Specific Plan, the Zoning Regulations, and other applicable City ordinances; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact with mitigation 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. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project, and reflects the independent judgement of the City Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the following mitigation measures into the project: A detailed soils engineering report shall to be submitted as part of the grading and building permit applications. The soils report shall include: data regarding the nature, distribution and strength of the existing soils, conclusions and recommendations for grading procedures including such recommendations to ensure that there are no impacts to the creek, and design criteria for corrective measures, when necessary. Grading and building must be designed and performed in compliance with the soils engineering report. 2. The subdivider shall provide the Director of Public Works with a detailed hydraulic analysis which indicates how the project drainage facilities will be developed to meet City standards that ensure the proposed development will not significantly impact adjacent and downstream properties. The analysis must address and identify: 1 The existing public and private drainage facilities and creek capacities in order to provide design criteria that meet City standards. The proposed development shall not create a situation which increases flooding potential downstream. Resolution No. 8957 (1999 Series) Page 2 ' situation which increases flooding potential downstream. The subdivider shall identify any areas within the project subject to inundation during a 100 - yr storm and process and complete a Federal Emergency Management Agency Letter of Map Revision (LOMR) to include this property on the City's Flood Insurance Rate Map prior to final acceptance of the development, to the satisfaction of the Director of Public Works. Any lots subject to flooding during a 100 -yr storm shall be graded to provide minimum pad elevations at least 1 foot above the 100 -yr storm elevation, to the satisfaction of the Director of Public Works. The areas subject to flooding shall be noted on the final map. 3. The property owner shall grant an avigation easement to the County of San Luis Obispo via an avigation easement document prepared by the County. 4. Prior to the issuance of a building permit, the applicant shall mitigate the loss of Congdon's tarplant habitat through a transplanting program approved by the Natural Resources Manager or by participation in a City initiated program to maintain plants (transplanted by seed from the adjoining Goldenrod Annexation site) and experiment with habitat management techniques at the City's Wastewater Treatment Plant. 5. A pre - construction clearance survey shall be conducted by a qualified biologist prior to ground disturbance to assure that Western Pond turtles are not present within the construction zone. If turtles are found, the turtles shall be removed out of the construction zone and placed in a safe, suitable habitat within the lower creek. 6. An educational brochure or other materials shall be provided to each of the households within the development that will provide information regarding the correct procedures for protecting the Western Pond turtles. Background information may be obtained from the Final Report of the Arbors at Islay Hill Southwestern Pond Turtle Study, Hunt and Bowland, March 1995. 7. A specific contact person shall be designated, either a resident within the development or someone with an appropriate agency. The name and telephone number of the contact person should be provided to all residents of the development, and included in the educational information and on any signs regarding the turtle habitat. The contact person should be encouraged to maintain records of turtle sightings, including the specific location and circumstances of the sightings and explanation of what, if any, action was taken. Turtle harassment must be reported to the California Department of Fish and Game. 8. All residents should be discouraged from using invasive non - native plants in the landscaping areas adjacent to the creeks. 9. To ensure protection of the creek corridor, prior to the issuance of a grading permit the applicant shall mark the edge of grading with snow fencing to the satisfaction of the Natural ' Resources Manager. 10. Site development shall include a solid waste recycling plan for recycling discarded building materials such as concrete, drywall, wood and metals from the construction site. The plans L] 0 Resolution No. 8957 (1999 Series) Page 3 must be submitted for approval by the Community Development Director prior to building permit issuance. 11. The final project shall be designed to include interior and exterior recycling. 12. All graded surfaces shall be wetted, protected or contained in such a manner as to prevent dust or spill upon any adjoining property or street. The following measures shall constitute the project's dust management plan and shall remain in effect during all phases of project construction: a. Regular wetting of roads and graded areas (at least twice daily with complete coverage of all active areas); b. Increasing frequency of watering whenever winds exceed 15 m.p.h.; c. Cessation of grading activities during periods of winds over 25 m.p.h; d. Direct application of water on material being excavated and/or transported on -site or off -site; e. Watering material stockpiles; f. Periodic wash -downs or mechanical street sweeping of streets in the vicinity of the site; and g. Non - potable water is to be used in all construction and dust - control work. SECTION 2. Findines. That this Council, after consideration of the Vesting Tentative Tract Map TR 166 -98 and the Planning Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the General Plan and the Edna -Islay Specific Plan which call for single family residential development and circulation connections (Fuller Road, the pedestrian bridge and creekside bike path) in this area. 2. The site is physically suited for the type /density of development allowed in the R -1 -SP zone. 3. As conditioned, the design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. An initial study of environmental impacts was prepared by the Community Development Department on March 27, 1999, describing potential environmental impacts associated with the subdivision of the property. The initial study concludes that with mitigation measures, the project will not have a significant adverse impact on the environment. SECTION 3. Approval. The request for approval of Vesting Tentative Tract Map for TR 166 -98 (Tract 2289) is approved subject to the following conditions and code requirements: (Tentative Map Conditions) 1. Off -site dedication of property for public right of way purposes is required to facilitate full l� Resolution No. 8957 (1999 Series) Page 4 street improvements for Fuller Road except under the existing storage building as shown on the Tract 2289 Road Exhibit. The dedication shall also accommodate any existing wells. The subdivider shall exhaust all avenues available to acquire said public R/W dedication. If the subdivider cannot obtain the property as public R/W, the City Council shall lend the subdivider its powers for condemnation to acquire the off -site R/W dedication, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall pay all costs associated with the off -site R/W acquisition (including attorneys and court costs). 2. The subdivider shall design and install (at its ultimate location) a new bridge over Lower Fork Creek on Fuller Road. The new bridge shall provide a City standard sidewalk, curb and gutter on each side and four 6" conduit sleeves (two on each side) in addition to that which is necessary for gas electric, telephone and cable TV, to the satisfaction of the Director of Public Works. If requested by the subdivider, a reimbursement agreement can be created that requires adjacent developments to pay a pro -rata share of the actual bridge costs. 3. The design of the emergency vehicle turn- around on Goldenrod Lane shall be acceptable to the Fire Chief, Community Development Director and Director of Public Works. 4. If the properties fronting on Broad Street remain within the tract boundaries, vehicular access rights along Broad Street shall be dedicated to the City, except at existing driveways. 5. Vehicular access rights on Fuller Road shall be dedicated to the City. 6. The subdivider shall dedicate a 2m wide public utility easement across the frontage of each lot. The subdivider shall also dedicate a 3m wide street tree easement across the frontage of each lot. The overlapping easements shall be adjacent to and contiguous with all public right of way lines bordering each lot. 7. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk vaults, fusing, wiring, luminaries, etc.) per City standards and to the satisfaction of the Director of Public Works. The design of said lighting systems shall be coordinated by the developer between the City and PG &E so as to minimize the amount of City owned conduit and wiring system, to the satisfaction of the Director of Public Works. 8. All internal streets shall be designed with 17m of R/W, l lm curb to curb and a 3m parkway on each side. The structural street sections shall be designed using a TI =7.0. 9. Sewer lift station charges shall be paid prior to recordation of the final map as determined by the Utilities Engineer. 10. The final grades and alignments of all public water, sewer and storm drains (including service laterals, meters, fire hydrants, etc.) are subject to change to the satisfaction of the Director of Public Works and Utilities Engineer. 11. The City will participate in any line up- sizing of public water mains (increases above the size Q Resolution No. 8957 (1999 Series) Page 5 required to provide fire flow or the City's 8" minimum, whichever is larger). 12. A gravity sewer system shall be designed and constructed to serve this development that will connect to an existing manhole in Broad St. (State Hwy. 227) at El Capitan or other location determined by the Utilities Director that will be compatible with the master sewer plan for the Airport Annexation Area. Creek crossings shall include properly designed sewer siphons and/or culverted crossings, subject to approval by the respective jurisdictional agencies. An alternative design may be allowed, at the discretion of the Utilities Director. Use of the County Airport lift station in Fiero Lane would be allowed only if it is determined to be in an appropriate location and needed to serve this area of the City (within the Urban Reserve Line). This would be subject to acceptable modifications to the existing agreement between the County and the City that would transfer ownership of the lift station and force main to the City to serve the tributary area. Any required retrofitting and/or refurbishment of the existing lift station and force main to serve this tract and other tributary areas, as determined by the Utilities Director, and preservation of the capacity allocated to the County to serve the County Airport per the existing agreement, shall be incorporated into the project plans. If an acceptable modification to the existing agreement between the City and the County cannot be reached, a new lift station may be required at a location agreeable to the Utilities Director. The Utilities Director reserves the right to decide which of the above alternatives is the most beneficial and feasible to serve this general area, based on the final Airport Annexation Area Sewage Master Plan. The subdivider shall be entitled to reimbursement for any excess costs associated with any over - sizing of sewer mains, retrofitting of the existing County sewer lift station and force main or a new lift station, where such greater capacity is required by the City, in accordance with City regulations. 13. All bridging, culverts and modifications to the existing creek channels shall be in compliance with the City's Flood Management Poli , Book (specifically regarding clear spanning of creeks, etc.) and approved by the Director of Public Works, Corp. of Engineers and Fish & Game and must meet City standards and policies. 14. Any necessary clearing of existing creek and drainage channels, including any tree pruning or removals, and any necessary erosion repairs shall be done to the satisfaction of the Director of Public Works, Natural Resources Manager, Corp. of Engineers and the Dept. of Fish & Game. 15. All lots shall be graded to preclude cross -lot drainage, to the satisfaction of the Director of Public Works. 16. The final plans shall show a bike path connection between the western end of "A" St. and, the creek side bike path. A curb ramp (with bollards) shall be installed to facilitate this connection. L Q Resolution No. 8957 (1999 Series) Page 6 C1 17. Bike path improvements shall be consistent with the Edna -Islay Specific Plan and the existing bike path improvements for Tract 1750. The bike path and pedestrian bridge shall be owned and maintained by the Home Owners Association. 18. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the Director of Public Works. The final map, public improvement plans and specifications shall use the International System of Units (metric system). The English System of Units may be used on the final map where necessary (e.g.- all record data shall be entered on the map in the record units, metric translations should be in parenthesis), to the approval of the Director of Public Works. 19. All development of this site shall be consistent with the Edna -Islay Specific Plan, except as approved by the City Council. 20. Manholes shall be shown on improvement plans in lieu of clean outs. 21. The subdivision shall be annexed to the Santa Lucia Homeowners Association. If annexation is not supported by a majority of the Santa Lucia Homeowners Association, the developer shall create a homeowners association for this subdivision. 22. The applicant shall process a lot line adjustment separating the residential portion of the subdivision from the existing commercial area. The property line separating these two areas shall be approximately the centerline of the creek. 23. The creek areas shall be delineated as separate lots and shall be dedicated to the City with appropriate access, as determined by the Director of Public Works. 24. All detention basins and related improvements shall be located within lots separate from the creek lot and shall be owned and maintained by the Homeowners Association. 25.. The proposed detention basins shall be graded in such a way as to look natural, rather than manufactured. The applicant shall make every effort to design the basins so they do not require fencing. If fencing is necessary, the fencing design shall be approved by the Community Development Director and/or Architectural Review Commission. 26. Access to the northern basin should be from Fuller Road. Access to the southern basin should be from Goldenrod Lane, to the satisfaction of the Natural Resources Manager and 0 Resolution No. 8957 (1999 Series) Page 7 Public Works Director. 27. Access road and Fire Department turnaround surface material shall be grasscrete or similar material approved by the Director of Public Works, the Community Development Director, Fire Chief and Natural Resources Manager. 28. Lots 41, 42, 43, and 44 shall be accessed via a private common driveway with appropriate easement and maintenance agreement. 29. To the maximum extent feasible, all construction traffic shall be routed from Broad Street via Fuller Road. 31. The tentative map shows drainage improvements extending off -site into the creek on the adjacent property located to the south. The drainage system for this development shall be contained within the limits of the subdivision boundaries. 32. The existing London Plane Tree located in the vicinity of Lot 28 shall be located on project development plans and preserved as a site amenity. 33. As a part of the architectural review process, the Architectural Review Commission shall review the project's proposed fencing, pedestrian bridge, bikepath (including accessway from pedestrian bridge to Goldenrod Lane) and streetscape design. Fencing on Fuller Road and Larkspur Street shall not be located or designed in such a way that the development appears to turn its back to the street. In addition, fencing at these locations shall include operable gates to allow for property owner maintenance of these areas. 34. The developer shall disclose to potential purchasers of lots that the neighboring property is zoned Service - Commercial (C -S) and provide potential purchasers with a list of C -S allowed uses. 35. The subdivider shall provide a pedestrian bridge (and connecting pathways) crossing Middle Fork Creek, to the satisfaction of the Public Works Director, Natural Resources Manager, and Community Development Director. The bridge shall be elevated above the creek consistent with City standards. 36. The sidewalk on the south side of Fuller Road shall be extended to Broad Street. 37. Caltrans shall review and approve any proposed improvements to the intersection of Broad Street and Fuller Road. 38. On- street parking shall be eliminated on the south side of Goldenrod Lane west of the Fire Department turn- around where housing on the south side of the street is no longer proposed. Landscaping and split -rail fencing shall be located behind the sidewalk in this area. 39. The applicant shall work with City staff to incorporate traffic calming measures (ie. 1 1 .o 10 Resolution No. 8957 (1999 Series) Page 8 bulbouts) into the Fuller Road design at the intersections of Larkspur Street and "A" Street. (Code Requirements) 1. Architectural review is required for the design and location of the new homes and fencing in the subdivision. 2. As required by the City's Creek Setback Ordinance, no structures (except approved property line fencing with an open design) shall be placed within 20 feet from top of bank of edge of riparian vegetation, whichever is greater. 3. General construction Activity Storm Water Permits are required for all stone water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of five or more acres. Storm water discharges of less than five acres, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board. 4. Complete street improvements shall be constructed in accordance with the most current City regulations, Standard Engineering Details and Standard Specifications (6' wide integral curb, gutter sidewalk & driveway ramps, full street pavement, signing, striping, street lighting, barricades, etc.). 5. Street trees shall be planted in accordance with City Standards and Policies at the time of development of each lot, to the satisfaction of the City Arborist and Natural Resources Manager. Species shall be Cape Chestnut, Honey Locust, New Zealand Christmas Tree, and Coast Live Oak. Street trees located on the south side of Goldenrod Lane adjacent to the City open space shall be riparian in nature and approved by the Natural Resources Manager. 6. The applicant shall pay park -in lieu fees consistent with SLO Municipal Code Section 16.40.080. 7. Streets must be named as part of the final map approval process. The subdivider shall submit a minimum of three street names for review by the Community Development Department, in accordance with the Street Name and Address Regulations. Upon motion of Mayor Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None 0 Resolution No. 8957 (1999 Series) Page 9 The foregoing resolution was adopted this 17th day of August, 1999. Mayor Allen Settle ATTEST: i Lee Price, City Clerk APPROVED AS TO FORM: / � /Idi .� •mac. _/. _� '�i C I I 1 RESOLUTION NO. 8956 (1999 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING PARK -IN -LIEU FEES WHEREAS, California Government Code Section 6647 authorizes the Council to enact an ordinance requiring dedication of land, the payment of fees in -lieu thereof, or a combination of both, as a condition of approval for a final tract or parcel map; and WHEREAS, the City has adopted such requirements in its subdivision regulations (Municipal Code Sections 16.40.060 through 16.40.100), which allow the Council, by resolution, to establish criteria for determining and procedures for collecting fees; and WHEREAS, an independent economic consulting firm has researched residential land costs as they apply to the City's park land dedication in -lieu fee. BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. Resolution No. 8373 (1994 Series) is hereby rescinded. SECTION 2. Park -in -lieu fees are established as follows: a. Each potential additional single family dwelling unit in the C /OS and R -1 zones within the subdivided area $4,046 b. Each potential additional multi - family dwelling unit in zones other than C /OS and R -1, within the subdivided area $3,208 SECTION 3. Park -in -lieu fees shall be effective October 18, 1999 and adjusted annually on July 151 by the change in the Consumer Price Index (CPI -U, U.S. City Average) for the prior calendar year. The base rate for the fees shall be reviewed at least every five years. SECTION 4. Any required fee in -lieu of park land dedication shall be paid when the final map is recorded, unless another time schedule for payments has been approved as a condition of tentative map approval. On motion of Council Member Schwartz, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None r, Resolution 8956 (1999 Series) Page 2 The foregoing resolution was passed and adopted this 17th of August, 1999. Mayor Allen K. Settle ES Lee Price, City Clerk J rg en, ty orney E o � RESOLUTION NO. 8955 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO . IMPLEMENTING THE REPORTING OF EMPLOYER PAID MEMBER CONTRIBUTIONS AS ADDITIONAL COMPENSATION FOR DEPARTMENT HEADS AND OTHER MANAGEMENT PERSONNEL WHEREAS, the City of San Luis Obispo has the authority to implement Government Code Section 20636 (c) (4) pursuant to Section 20691; and WHEREAS, the City of San Luis Obispo has a written labor policy or agreement which specifically provides for the inclusion of normal member contributions paid by the employer on behalf of the members as additional compensation; and WHEREAS, one of the steps in the procedures to implement this section is the adoption by the governing body of the City of San Luis Obispo of a resolution giving notice of its intention to commence reporting the value of employer paid member contributions (EPMC) as compensation for all members of a group or class; and WHEREAS, the following is a statement of the proposed changes in reporting compensation to PERS: The City of San Luis Obispo elects to pay 9% of safety employees' and 7% of non -safety employees' compensation earriable as Employer Paid Member Contributions and report the same percent (value) of compensation earrmable {excluding Government Code Section 20636 (c) (4)1 as additional compensation. This benefit shall apply to all department heads and other management personnel. The effective date of this resolution shall be August 19, 1999. BE IT RESOLVED by the Council of the City of San Luis Obispo that Government Code Section 20636 (c) (4) shall be implemented pursuant to Section 20691 by paying and reporting the value of Employer Paid Member Contributions for all department heads and other management personnel as indicated above. Upon motion of Vice Mayor Romero, seconded by Council Member Mars, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None 1 ABSENT: None R 8955 o Resolution 8955 (1999 Series) Page 2 The foregoing resolution was adopted this 17th day of August, 1999.. APPROVED AS TO FORM: J Jo gene i ttorney 1 R 8955 fl RESOLUTION NO. 8954 (1999 Series) CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF INTENTION TO ABANDON A PUBLIC RIGHT -OF -WAY (PUBLIC WAY) BETWEEN 1890 AND 1900 SAN LUIS DRIVE (ABAN 108 -99) WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular public hearing on July 28, 1999, for the purpose of making a General Plan determination and formulating a recommendation to the City Council on a request to abandon a public way between 1890 and 1900 San Luis Drive; and WHEREAS, the City Planning Commission found that the proposed right -of -way abandonment was consistent with the City's General Plan, and recommended that the City Council approve the abandonment, based on findings, and subject to conditions (Planning Commission Resolution). BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis Obispo to abandon a public right -of -way (public way) between 1890 and 1900 San Luis Drive as shown on the map marked Exhibit "A ", attached hereto and incorporated herein by reference, pursuant to Section 8300 et.seq. of the State of California Streets and Highways Code, and that the abandonment shall be based on the following findings, and subject to the following conditions: Findines: The proposed right -of -way abandonment is consistent with the General Plan because the public way is not needed for creek access and maintenance, access to City facilities and public utility services will be preserved by reservation of proper easements, and other suitable access to the creek is available for emergency maintenance purposes. 2. The proposed right -of -way abandonment is categorically exempt from environmental review under Section 15301 of the California Environmental Quality Act. Conditions: If the Council determines that all or a portion of any "excess" right of way should be abandoned, the entire right -of -way shall be reserved as an easement for a public storm drain system, public utilities and emergency creek access for maintenance to the satisfaction of the Public Works Director and the respective utility companies. Specific details will be determined during the abandonment process, prior to adoption of a final abandonment resolution. 2. No buildings or support structures will be allowed within the easement, other than paving, fencing and landscaping. A gate (or gates) will be required to gain access to the creek and for utility company access, to the satisfaction of the Public Works Director. R 8954 City Council Resolution No. 8954 (1999 Series) Page 2 ' SECTION 2. Copies of the map showing the particulars of the proposed abandonment is on file in the office of the City Clerk, at 990 Palm Street. 1 SECTION 3. Tuesday, September 21, 1999, at 7:00 p.m. in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is more than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full at least ten (10) days before the public hearing on the proposed street right -of -way abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION 5. The City Engineer shall post at least three (3) notices of the proposed abandonment in prominent locations near the portion of the street right -of -way to be abandoned at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonment within ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways code. Upon motion of Vice Mayor Romero, seconded by Council Member Marx, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 17t' day of August, 1999. City Clerk Lee Price Mayor Allen Settle .1 I k CORRALIT05 AVER' JR L D A z MS all `J mr-:- T111ITZ H.. (A t zq i- Az ,IV" Ar 0 ~i I�V�V�J O 0 1 J iI 1 1 i� RESOLUTION NO. 8953(1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR CREEK BANK REPAIR PROJECT, CITY PLAN 90026. WHEREAS, On July 26, 1997 the City published and made available for public review a mitigated negative declaration based on an initial study of environmental impact, "San Luis Obispo Creek Corridor Management and Enhancement Plan: Selected Phase 1 Improvements" (ER 91 -97), in accordance with the California Environmental Quality Act and the City's Environmental Impact Procedures and Guidelines; and WHEREAS, on July 20, 1999, the Council conducted a public hearing, which included consideration of comments on the published initial environmental study and changes to the project since it was first proposed, to further mitigate adverse impacts; and WHEREAS, the Council has considered the initial study. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The potential impacts of the project will be mitigated to an acceptable level due to features incorporated into the project design and construction. These mitigation measures and monitoring responsibilities are identified in the initial study, on file in the Community Development Department, and within the Permit issued by the United States Army Corps of Engineers. The City Council finds that the Negative Declaration adequately addresses the potential environmental impact of the proposed project, and.reflects the independent judgment of the City Council. SECTION 2. The Council hereby approves a negative declaration. Upon motion of Vice Mayor Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 20th day of July 1999. Mayor .Allen Settle 0 0 Resolution 8953 (1999 Series) Page 2 APPROVED AS TO FORM: N! 1 �f J� C:i C L RESOLUTION NO. 8952 (1999 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING FUNDING TO FORTY -TWO AGENCIES IN THE AMOUNT OF $101,530 FOR FISCAL YEAR 1999 -00 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 cultural and tourism promoting recreational services to residents and visitors; and WHEREAS, funding for the Grants -in -Aid program has been included in the 1999 -01 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. Upon motion of Council Member Schwartz, seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 6' day of July, 1999. Allen K. Settle, Mayor ATTEST: ' ��e' vii. Lee Pnce, City Clerk R 8952 Resolution 8952 (1999 Series) Page 2 1 APPROVED AS TO FORM: Ij � � w , Win 1 1 ATTACHMENT A PROMOTIONAL COORDINATING COMMITTEE 1999 -00 GRANTS -IN -AID SUMMARY Name of Organization 98 -99 Grant 99 -00 Request 99 -00 Recomm'd Arthritis Foundation one Classic) . $2,800 $5,000 $2,000 Boy Scouts of America n/a 51000 0 Cal Poly Arts 19000 31000 21400 Center Point Theatre Group 29000 69000 2,600 Central Coast Children's Choir n/a 29582 11300 Central Coast Shakespeare Festival 2,100 21700 2,000 Children's Creative Project 31100 91775 49800 City to Sea Mini - Marathon 21000 21000 21000 Civic Ballet 23000 69000 21900 Cuesta College Art Gallery 22450 3,000 21400 Cuesta College (La Guitaria California) n/a 59000 2,500 Cuesta College Writers Conference n/a 19000 1,000 Downtown Association 21600 72400 51600 Edna Valley /Arroyo Grande Valley 19250 69000 19000 eXindigo n/a 31000 11000 First Night San Luis Obispo (E /P) 250000 10,000 61300 Friends of the Botanical Garden 21250 5,600 31300 Gilbert Reed Ballet 29000 31000 22900 KCBX (Wine Classic) 31000 71600 21000 La Fiesta de San Luis Obispo n/a 6,000 E/P funds Mozart Festival 41500 6,000 4,800 Music & the Arts for Youth 21500 41250 31000 Mystic Krewe of Karnival (Mardi Gras) 41100 10,000 4,800 Open House (Cal Poly) 800 41350 400 Pacific Repertory Opera 29250 61000 31000 Peninsula Players, Inc. 11000 41270 2,000 Performing Arts Center 11800 39100 11700 Performing Arts (YOPAC) 13900 31000 11080 San Luis Obispo Chamber Orchestra 11500 31100 11700 San Luis Obispo Art Center, Inc. 21800 49000 31000 San Luis Obispo Babe Ruth n/a 39000 500 Name of Organization 98 -99 Grant 99 -00 Request 99 -00 Recomm'd SLO Comm. Concert Assoc. 11850 31000 2,000 San Luis Obispo County Arts Council n/a 31000 21300 San Luis Obispo County Band 11300 1,500 11500 SLO International Film Festival 51000 61000 49800 San Luis Obispo Little Theatre 21100 21600 2,600 San Luis Obispo Poetry Festival 21000 31000 21000 SLO Soccer Club 15000 19300 500 San Luis Obispo Swim Club 29000 41500 11750 San Luis Obispo Symphony 3,500 49500 41500 San Luis Obispo Vocal Arts Ensemble 23100 3,000 39000 San Luis Obispo Youth Symphony n/a 21000 19500 SLOCO Access n/a 15100 1,100 TOTAL $186,277 $101530 TOTAL AVAILABLE TOTAL ALLOCATED RESERVE $103,535 (inc. $3,535 carryover) $101,530 $ 2,005 o G�-��- (� J RESOLUTION NO. 8951 (1999 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING FUNDING TO THIRTY -EIGHT AGENCIES IN THE AMOUNT OF $1029600 FOR FISCAL YEAR 1999 -00 THROUGH THE HUMAN RELATIONS COMMISSION WHEREAS, the City of San Luis Obispo supports non -profit agencies which provide human and social services to the residents of the City of San Luis Obispo through its annual Grants - In -Aid process; and WHEREAS, funding for the Human Relations Commission Grants -In -Aid program has been included in the 1999 -00 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 agencies attached hereto and marked Attachment "1" 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 Attachment "1 ", and the CAO is authorized to execute such contracts. Upon motion of Council Member Schwartz -, seconded by Vice Mayor Romero, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 6' day of July, 1999. Mayor Allen Settle ATT T: City Clerk, Lee Price R 8951 Resolution 8951 (1999 Series) Page 2 APPROVED AS TO FORM: �e rgensen L D "ATTACHMENT 1" HUMAN RELATIONS COMMISSION 1999 -00 GRANTS -IN AID RECOMMENDATIONS 1999 -00 Funds Available $102,600 Remaining W G: H RC /GIA1999.00REC.XL AGENCY 1998 -99 1999 -00 1999 -00 AWARDED_ REQUESTED HRC RECOMMENDED 1 Achievement House $590 $750 $750 2 Aids Support.Network $4,000 $12,900 $49000 3 ALPHA $1,000 $2,000 $19500 4 Altrusa of Cinco Ciudades $0 $5,000 $300 5 American Red Cross $49000 $69000 $4,0.00 6 Assistance League of SLO $19500 $5,300 $3,000 7 Big Brothers/Big Sisters $19600 $19750 $1,750 8 California Conservation Corp $0 $99000 $1,000 9 Camp Fire $19000, $17500 $19500 . 10 Casa Solana, Inc. $59000 $109000. $59000 11 Child Development_ Center_ $99000 $9,000 $9,000 12 Easter- Seals- Tri County $1,500 $4,000 $1,500 13 ECOSLO $0 $6,360 $0 14 JEOC Child Care Resource Connection $3,000 1 $39000 $3,000 15 EOC Health Services - 40 Wonderful $39000 $39000 $3,000 16 EOC Health Services - Senior Health Screening $1,000 $3,000 $31000 17 Family Services Center $3,500 $41000 $4,000. 18 Food Bank Coalition $19000 $3,200 $1,000. 19 Grandmother's House Child Care $1,500. $2,000 1 $1,000 20 lHospice _ $4,200 $10,000 $4,200 21 Hotline of SLO County $3,400 $5,000_ _ $39400 22 Lifespan - ADCare $29000 $29500 $2,500 23 -Lifespan - Caring Callers $19000 $_1,350 $19000 24 Lifespan - Extended Family Services $500 $500 $0 25 Lifespan - RSVP $19000 $1,000 $19000 26 Lifespan - Senior Peer Counseling $1,750 $1,800. _ $1,750 27 Life Steps Foundation _ $0 $2,625 $750 28 Literacy Council $2,000 $4,000 $3,000 29 Long .Term Care Ombudsman $11,500 $2,000 - $19500 30 Rape Crisis - Center _ $51800 $598.00 $5,800 31 Salvation Army $7,000 $8,000 $6,000 32 Senior Legal Services (SLOLAC) $500 $860 _ $500 33 Senior Nutrition Program $19000 $5,000 $_29000 34 SLOCO Access $500 $2,755 $1,500 35 SLO County Y2K Action Alliance $0 $59000 _ $0 36 SLO Downtown Association $0 $31000 -$O 37 SLO Friends of the Library - $29000 $3,000 $2,400 38 The Terra Foundation $0 $4,550 $500 39 Transitions - Mental Health Association $3,000 - $4,359_ _ $3,000 40 United Cerebral Palsy Association $19000 $69000 $1,000 41 IVoices for Children (CASA) $3,500 $59850 $3,500 42 1 Women's Shelter $9,000 $12,000 $_91000 TOTAL $92,840 $1889709 $102,600 1999 -00 Funds Available $102,600 Remaining W G: H RC /GIA1999.00REC.XL /^ �1 1 i �`� � �v� �� ��l _ K RESOLUTION NO. 8950 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING INTENTION TO REIMBURSE EXPENDITURES RELATING TO PROPERTY PURCHASES AND ATHLETIC FIELDS FROM THE PROCEEDS OF TAX - EXEMPT OBLIGATIONS OF THE CITY WHEREAS, the City Council of the City of San Luis Obispo (the "City") has adopted a capital improvement plan which includes the purchase of three properties to: (1) provide a small park along San Luis Obispo Creek; (2) permit eventual expansion of the Historical Museum; and (3) permit eventual expansion of the Police Station (the "Property Purchases Project "), and which also includes the purchase and improvement of property for athletic fields (the "Athletic Fields Project "); and WHEREAS, in order to provide funds to finance the Property Purchases Project and the Athletic Fields Project (collectively, the "Projects "), the City Council intends to issue and sell its tax- exempt certificates of participation, lease revenue bonds or other obligations in an aggregate principal amount which is sufficient to raise approximately $5,500,000 for the Projects (the "Bonds "); and WHEREAS, in order to use the proceeds of the Bonds to reimburse advances made by the City for the Projects before the date of issuance of the Bonds, but not more than sixty (60) days before the date of adoption of this Resolution, Section 1.150 -2 of the United States Income Tax Regulations requires that City Council declare its intention to reimburse such advances from the proceeds of the Bonds; and WHEREAS, it is in the public interest and for the public benefit that the City declare its official intent to reimburse the expenditures referenced herein; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Declaration of Intent. The City Council hereby declares that it reasonably expects to issue the Bonds and to use a portion of the proceeds thereof to reimburse expenditures made by the City for the Projects before the date of issuance of the Bonds, and not more than sixty (60) days before the date of adoption of this Resolution. The Bonds shall be issued in an aggregate principal amount which is sufficient to raise funds for the Projects in the approximate amount of $5,500,000. SECTION 2. Effective Date. This Resolution shall take effect from and after the date of its passage and adoption. Upon motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None R 8950 n 1 0 Resolution 8950 (1999 Series) Page 2 The foregoing resolution was adopted this 6th An., of T„ h, 1 o40 0 APPROVED AS TO FORM: Je e O e . Jo ens , Ci Attorney \ O I ' 6f 1 1 1 0 0 RESOLUTION NO. 8949 (1999 Series) I 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 PROGRAM YEARS 2000 THROUGH 2003. 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; NOW THEREFORE, BE IT RESOLVED, by the San Luis Obispo City Council as follows: 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. 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. 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. R 8949 C Resolution 8949 (1999 Series) Page 2 0 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. Citv Administrative Officer authorized to act for Citv. 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 all other activities necessary to carry out the intent of the agreement. On motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was passed and adopted this 6th day of July, 1999. APPROVED AS TO FORM: ��gef Ffy Attorney Settle 0 0 1 C 1 /7/g 9 c 7 A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION IN Vy 6 THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THE HOME INVESTMENT PARTNERSHIPS PROGRAM AND THE EMERGENCY SHELTER GRANT PROGRAM FOR FISCAL YEARS 2000 THROUGH 2003 THIS AGREEMENT is made and entered into this day o 1999, by and between the County of San Luis Obispo, a political subdivision of the S ate 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 C (hereinafter referred to as "CDBG ") 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 CDBG funds provided that the County's entitled cities defer their entitlement to the 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, if HUD designates the County as an urban county, the County may also be eligible to receive funds from the Home Investment Partnerships Program (hereinafter referred to as "HOME "), the Emergency Shelter Program (hereinafter referred to as "ESG "), and the Housing Opportunities for Persons with Aids Program (hereinafter referred to as "HOPWA "); 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; 2 WHEREAS, By executing this Agreement, the Parties hereby give notice of their intention to participate in the Urban County CDBG, HOME, ESG and HOPWA programs. NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows: SECTION I. General. A. Responsible Offices. The County Administrative Officer of the County of San Luis Obispo (hereinafter referred to as "CAO ") is hereby authorized to act as applicant for the CDBG, HOME, ESG and HOPWA programs and to administer funding and activities under the programs. The City Manager is hereby authorized to act as the responsible officer of the City under the programs. 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 2000, 2001, and 2002. The Agreement remains in effect until the CDBG, HOME, ESG and HOPWA 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 3 Grant (ESG) Program, and the Housing, Opportunities for Persons With AIDS (HOPWA) Program. SECTION 11. Preparation and Submittal of CDBG Funding Applications. A. Inclusion of City as Applicant. Parties agree that City shall be included in the application the County shall submit to the Department of Housing and Urban Development for Title I Housing and Community Development Block funds underthe 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 Su_ bmittal. 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, 2000, 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, 2000. E. Grant Eligibility. In executing this Agreement, the Parties understand that they 4 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 for or declines to accept formula allocations under these programs. SECTION III. P_rograni 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 from federal fiscal year 2000, 2001, and 2002 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. City agrees to undertake, conduct, perform or assist the County in performing the essential community development and housing assistance activities 91 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 IV. 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 19741 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 the 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 expending such funds. 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 0 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 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 7 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 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. In the event that the City withdraws .from the urban county to become an entitlement grantee, as provided under 24 CFR 570.504, all program income on hand or received by the City from, urban county activities shall be retained by the City to be used as additional CDBG funds subject to all applicable requirements governing the use,of CDBG funds. 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 E: C � 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. 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 Subrecipient 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 due 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 9 issued pursuant to the Act. SECTION VI. Compliance with Federal Regulations. 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 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 10 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. 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 11 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 Vll. Execution of Agreement and Recordkeeaing. 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 direct its execution by their respective chief executive officers on this day of _____ 1999. 12 County Counsel Certification 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. By: Timothy ��AuFty,'Q eputy County Counsel APPROVED AS TO FORM AND LEGAL EFFECT: OF SAN LUIS OBISPO By: E)v� Chairman of the Board of Supervisors ATTEST: Julie Rodewald, County Clerk 13 CITY OF SAN LUIS OBISPO: B Y, Allen K. Settle May6r d1:s1o2kagmt.wpd Clerk 14 IN THE BOARD OF SUPERV 1SORS / COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA -- -- Tuesday ---- Ju1LY-- 13 ----- = ------ 1992 PRESENT: Supervisors Shirley Bianchi, K. H. "Katcho" Achadjian, Michael P. Ryan and Chairperson Harry L. Ovitt ABSENT: Supervisor Peg Pinard RESOLUTION NO. 99 -272 RESOLUTION APPROVING COOPERATIVE AGREEMENTS WITH THE CITIES OF ATASCADERO, ARROYO GRANDE, GROVER BEACH, PASO ROBLES, PISMO BEACH. MORRO BAY AND SAN LUIS OBISPO FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS, EMERGENCY SHELTER GRANT, AND HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAMS FOR FISCAL YEARS 2000 THROUGH 2002 The following resolution is hereby offered and read: WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, (hereafter the "Act') provides for grant funds to be made available for the development of viable communities, by providing decent housing and suitable living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the County of San Luis Obispo, based on Section 102(a)(6)(A) of the Act and Sections 23000 et seq of the California Government Code may seek to participate in the Community Development Block Grant, Home Investment. Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with Aids Programs as an Urban County; and WHEREAS, the cities of Atascadero, Arroyo Grande, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo wish to participate in the Community Development Block Grant, Home Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with Aids Programs along with the County of San Luis Obispo as part of an Urban County, and have executed cooperative agreements with the County-as required by the Act; and CD -34 r NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of San Luis Obispo, State of California, as follows: That the cooperative agreements with the cities of Atascadero; Arroyo Grande, Grover Beach, Morro Bay, Paso Robles, Pismo Beach and San Luis Obispo for joint participation in the Community Development Block Grant, Home Investment Partnerships, Emergency Shelter Grant, and Housing Opportunities for Persons with Aids Programs for fiscal years 2000 through 2002 are hereby approved by the Board of Supervisors of the County of San Luis Obispo and the Chairman of the Board of Supervisors is hereby authorized and directed to execute said agreements on behalf of the County. Upon motion of Supervisor Achadj ian seconded by Supervisor Bianchi , and on the following roll call vote, to- wit: AYES: Supervisors Achadjian, Bianchi, Ryan, Chairperson Ovitt NOES: None ABSENT: Supervisor Pinard ABSTAINING: None the foregoing resolution is hereby adopted ATTEST: JULIE L. RODEWALD Clerk of the Board of Supervisors BY: � C Cr�g 4,,r. Deputy Clerk [SEAL] L EL- , Chairmaq of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFFECT: JAMES B. LINDHOLM, JR. Cc M Dated: 7- 1 • q 9 STATE OF CALIFORNIA ) COUNTY OF SAN LUIS OBISPO) sa I, JULIE L RODEWALD, County Clerk of file above entitled County, and Ex- Officio Clerk of the Board of SuparrAsors thereof, do hereby certify the f ore - going to be a full, true and correct copy of an order ee ared in the mires of said Board of Super visors, and now remaining of record In my office. Witness, my hand and seal of sald Board of Supeiviis�rsCsors thin s day d 19 ___[_L . JU E L RODEWAI .D County Clerk and Ex-Mia Clerk of the Board d Supsrvtors By ...rt...niY:.T'Si. �lYMTeN�ar-...wx�..°�3� L4^JitC'A�f.:�•X N�+�: 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 THE HOME INVESTMENT PARTNERSHIPS PROGRAM AND THE EMERGENCY SHELTER GRANT PROGRAM FOR FISCAL YEARS 2000 THROUGH 2003 THIS AGREEMENT is made and entered into this !� day o 1999, by and between the County of San Luis Obispo, a political subdivision of the ate 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 annuallyfor 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 1 �i (hereinafter referred to as "CDBG ") 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 CDBG funds provided that the County's entitled cities defer their entitlement to the 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, if HUD designates the County as an urban county, the County may also be eligible to receive funds from the Home Investment Partnerships Program (hereinafter referred to as "HOME "), the Emergency Shelter Program (hereinafter referred to as "ESG "), and the Housing Opportunities for Personswith Aids Program (hereinafter referred to as "HOPWA "); 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; 2 WHEREAS, By executing this Agreement, the Parties hereby give notice of their intention to participate in the Urban County CDBG, HOME, ESG and HOPWA programs. NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the parties agree as follows; SECTION I. General. A. Responsible Officers. The County Administrative Officer of the County of San Luis Obispo (hereinafter referred to as "CAO ") is hereby authorized to act as applicant for the CDBG, HOME, ESG and HOPWA programs and to administer funding and activities under the programs. The City Manager is hereby authorized to act as the responsible officer of the City under the programs. B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking eligible grant programs or projects, including but not (invited 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 2000, 2001, and 2002. The Agreement remains in effect until the CDBG, HOME, ESG and HOPWA 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 3 Grant (ESG) Program, and the Housing Opportunities for Persons With AIDS (HOPWA) Program. SECTION II. Preparation and Submittal of CDBG Funding Applications. A. Inclusion of City as Applicant. Parties agree that City shall be included in the 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, 2000, 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 requited by the Act and the federal regulations established by HUD to secure entitlement grant funding beginning July 1, 2000. E. Grant Eligibility. In executing this Agreement, the Parties understand that they 4 C 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 for or declines to accept formula allocations under these programs. SECTION III. Program 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 from federal fiscal year2000, 2001, and 2002 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. City agrees to undertake, conduct, perform or assist the County in performing the essential. community development and housing assistance activities 5 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 setforth in 24 CFR 570.503. SECTION IV. Use of.P_rogram_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 the 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 expending such funds. 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 me I�� O 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 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 7 retained by City subject to the provisions ofthis 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 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.. In the event that the City withdraws from the urban county to become an entitlement grantee, as provided under 24 CFR 570,504, all program income on hand or received by the City from urban county activities shall be retained by the City to be used as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. 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. 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 Sub recipient. 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 due 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 N issued pursuant to the Act. SECTION VI. Compliance with Federal Regulations. 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 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 10 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. 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 1.1 r. ,I 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 direct its execution by their respective chief executive officers on this _ day of __ '1999. 12 County Counsel Certification 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. By: -- Timothy McNulty, Deputy County Counsel APPROVED AS TO FORM AND LEGAL EFFECT: f �m'• COUNTY OF SAN LUIS OBISPO s Chairman of the Board of Supervisors ATTEST: Julie Rodewald, County Clerk 13 CITY OF SAN LUIS OBISPO: By :� = - Allen K. Settle Mayor Lee Prire, cmr , City Clerk d1:s1o2kagmt.wpd 14 -D 1 1 LII RESOLUTION NO. 8948 (1999 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING EQUIPMENT AS SURPLUS PROPERTY WHEREAS, the City Charter requires that the Council approve the sale or disposal of surplus property with an estimated value greater than $100; and WHEREAS, the Director of Public Works and the Utilities Director have identified equipment items as set forth in Exhibit A which are no longer needed by the City. NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis Obispo hereby declares: SECTION 1. All items of property listed in Exhibit A are no longer needed by the City and are surplus property. SECTION 2. Disposal of the property shall be made by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. Upon motion of Vice Mayor Romero, seconded by Council Member Ken Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Schwartz NOES: None ABSENT: None The foregoing resolution was adopted this 6' day of July 1999. Mayor len e e APPROVED AS TO FORM: EXHIBIT A Publi c orkv.Debarthent- pj. ehicles Year Make Model License # Vehicle I.D.# Estimated Value 1985 Chevrolet S-10 P/U E483112 1GTCS14131F85533588 1,500 1986 Ford P/U E492923 1 FTCR1 1 T9HUA94238 2,000 -Ut ties i D .... .. .... .. Year Make Model License # Vehicle I.D.# Estimated Value 1986 Dodge Ram Charger E492912 3134GW1 2T5HM701178 3,500 Total $7,000 �\ JJ �� �'� J �4J /� 1 1 RESOLUTION NO 8947 (1999 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 Wayne Estrada 002 -503 -003 $78.00 Larry Duron 003- 749 -027 $129.00 Helen Perez 004- 554 -020 $149.00 Gary Cully 053- 245- 001 $405.00 Debra Collins 003- 736 - 001 $404.00 Phyllis Whitten 003 -552 -004 $63.00 William Clark 001- 013 -002 $362.00 Phillip Peterson 003 -531 -006 $362.00 Grace Hawkes 052 -433 -002 $361.00 Lendale Williams 003- 737 - 015 $456.00 James McGraw/Lonnie Mares 052 -293 -006 $275.00 Calvin Zundel 003- 738 -006 $218.16 Skene Moody 003- 687 - 071 $456.00 I:4:ilyl Resolution 8947 (1999 Series) ' Page 2 Upon motion of Vice Mayor Romero seconded by Council Member Schwartz and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Schwartz NOES: None ABSENT: None The foregoing resolution was adopted this 6' day of July, 1999. ••••• • • • •• I'� �_ II IL_J 1 1 L' I RESOLUTION NO. 8946 (1999 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT 2211 WHEREAS, the City Council made certain findings concerning 2211, as contained in Resolution No. 8574 (1996 Series), and WHEREAS, the City Council approved the final map for Tract 2211, per Resolution No. 8727 (1997 Series), and WHEREAS, the offsite Fuller Rd. right of way acquisition has been completed, as required per Condition No. 1 of Resolution No. 8574 (1996 Series) and the above - referenced resolution, and WHEREAS, the subdivider has satisfactorily completed the subdivision improvements for Tract 2211, in accordance with City standards, specifications and the subdivision agreement, andhas requested City acceptance of the public improvements for maintenance and operation and release of pertinent surety. NOW THEREFORE, the City Council hereby accepts the. public improvements for Tract No. 2211. The Faithful Performance surety is hereby reduced to ten (10) percent of its principal amount, in accordance with the subdivision agreement. The Labor and Materials surety shall be held for the period prescribed in Section 66499.7 of the Subdivision Map Act. On motion of Vice Mayor Romero, seconded by Council Member Schwartz and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and Mayor Settle NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 6th day of July, 1999. Mayor Allen ettle Resolution No. 8946(1999 Series) Page 2 Approved as to Form: I MAAKW� WIN it l J 'J L� J I 1 1 RESOLUTION NO. 8945 (1999 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE EMPLOYMENT CONTRACT OF DEBORAH J. HOLLEY, DOWNTOWN ASSOCIATION ADMINISTRATOR, AND CHRISTINE D. BRAGG, THURSDAY NIGHT ACTIVITIES AND PROMOTIONS COORDINATOR FOR THE PERIOD JULY 69 1999 THROUGH JULY 69 2000 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the contract of employment between the City of San Luis Obispo and DEBORAH J. HOLLEY as Downtown Association Administrator for the period July 6, 1999 through July 6, 2000, attached hereto as Exhibit "A" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. SECTION 2. That the contract of employment between the City of San Luis Obispo and CHRISTINE D. BRAGG as Thursday Night Activities and Promotions Coordinator for the period of July 6, 1999 through July 6, 2000, attached hereto as Exhibit `B" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. On motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6' day of July, 1999. Lee Price, City Clerk APPROVED AS TO FORM: / i. I R8945 i CONTRACT OF EMPLOYMENT "Exhibit A" THIS CONTRACT is entered into this 61th day of July, 1999, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and DEBORAH J. HOLLEY, a contract employee (hereinafter referred to as "Employee "). WHEREAS, the City of San Luis Obispo has a need for a Downtown Association Administer; and WHEREAS, Employee is qualified to perform such service for City; and WHEREAS, the services to be contracted for are Downtown Association Administrator. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: Administrator for the Downtown Association (DA); specific duties and responsibilities to be established and modified from time to time by the DA Advisory Board. Employee shall perform said services under the direct supervision of DA Advisory Board. 3. Emplovment Status. Employee shall be a full -time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with the Employee's share to be paid by Employee. Employee shall accrue holiday and sick leave benefits consistent with other positions in the City and as determined by the Director of Human Resources. Employee shall accrue 8 hours of vacation per month over the term of this Agreement which shall be taken in a manner consistent with other City employees. Employee shall be granted up to 48 hours per year of administrative leave in lieu of overtime compensation, 1 in recognition of the fact that the employee is exempt from overtime compensation consideration and that the employee's schedule may require work beyond 40 hours in a week. The only other paid benefits are workers' compensation insurance, unemployment insurance and medical benefits for employee and dependents not to exceed $4,000.00 annually. Employee shall be eligible for reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her private automobile for official business but not including any mileage attributable to normal commuting by Employee to and from her office. Employee understands and agrees that her term of employment is governed only by this Contract; that no right of tenure is created hereby, and that she does not hold a position in any department or office of the City. 4. Warran ty of Employee. Employee warrants that she is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of $4,292 per month ($51,500 per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 6, 1999 through July 6, 2000, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 2 Employee agrees that the notice provisions of this, paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper. 8. Termination of Contract for Cause. If Employee fails to perform her duties to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the obligations under this Contract, or if Employee shall violate any of the terms of provisions of this Contract, or if Employee has a physical or mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire Agreement and Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non - Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein. without the prior written consent of City, and any such assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. .Covenant. This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California_. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of the Contract. 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects her personal interest or the interest of any corporation, partnership, or association in which she is directly or indirectly interested. 14. Convrisht. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without the prior written approval of the City. 15. Outside Employment: Conduct.and Behavior. a. Employee may engage in, outside activities such as part-time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts -0f - interest and shall avoid personal involvement in situations which are inconsistent or 4 I I incompatible with the position of DA Administrator or give rise to the appearance of mipropnety. 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and. Employee have executed this Contract on the day and year first hereinabove set forth. CITY OF SAN LUIS OBISPO BY: EMPLOYEE: Deborah Holley Lee Price, City Clerk APPROVED AS TO FORM PIN J I w wwm/, Iffew 0 A, 6 Xa,, S 2 -t4 FA contwtHolley E CONTRACT OF EMPLOYMENT "Exhibit B" THIS CONTRACT is entered into this 6th day of July, 1999, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and CHRISTINE D. BRAGG, a contract employee (hereinafter referred to as "Employee "). WITNESSES: WHEREAS, the City of San Luis Obispo has a need for a Downtown Association (DA) Thursday Night Activities and Promotions Coordinator (TNA/PC); and WHEREAS, Employee is qualified to perform such service for City, and WHEREAS, the services to be contracted for are DA TNA/PC. NOW, THEREFORE, the parties do mutually agree as follows: 1. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services' TNA/PC for the DA; specific duties and responsibilities to be established and modified from time to time by the DA Board. Employee shall perform said services under the direct supervision of DA Administrator. 3. Employment Status. Employee shall be a full-time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with the Employee's share to be paid by Employee. Employee shall receive 13 days of holiday and accrue sick leave at a rate of 8 hours per month. Employee shall accrue 8 hours of vacation per month over the term of this Agreement which shall be taken in a manner consistent with other City employees. The only other paid benefits are workers' compensation insurance, unemployment insurance and medical coverage not to exceed $1,500.00 annually. Employee 1 0 shall be eligible for reimbursement for mileage at the current reimbursable rate for City of San Luis Obispo employees for use of her private automobile for official- business but not including any mileage attributable to normal commuting by Employee to and from her office. Employee understands and agrees that her term of .employment is governed only by this Contract; that no right of tenure is created hereby; and that she does not hold a position in any department or office of the City. 4. Warranty- ofBmployee. Employee warrants that she is properly certified and licensed under the laws and regulations of the State of California to provide the services herein agreed to. 5. Compensation. City shall pay to Employee as compensation in full for all services performed by Employee pursuant to the Contract, the sum of $2,670 per month ($32,029 per year), said compensation to be paid in accordance with normal City procedures. 6.. Term of Contract.. This Contract shall commence on July 6; 1999 , through July 6, 2000, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination.. Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8'is subsequently found. to be improper. 7 8. Termination of Contract for Cause. If Employee fails to perform her duties to the satisfaction of the City, or if employee fails to .fulfill in a timely and professional manner the obligations under this Contract, or if Employee shall violate any of the terms of provisions of this Contract, or if Employee has a physical or, mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termmation. 9. Entire Agreement and Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non - Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet this Contract or any interest therein without the prior 3 written consent of City, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. Covenant. , This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of the Contract: 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects her personal' interest or the interest of any corporation, partnership, or association in which she is directly or indirectly interested. 14. Cooyri¢ht. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on.behalf of Employee, without the prior written approval of the City. 15. Outside. Employment, Conduct.and Behavior. a. Employee may engage in outside activities such as part-time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts -of- interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of DA TNA/PC or give rise to the appearance of impropriety. 4 1 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first heremabove set forth. CITY OF SAN LUIS OBISPO BY: ( A jLaf i 2� /3-� � l EMPLOYEE: Christine Bragg APPROVED AS TO FORM I gill Convect -Etna 5 5-y'x,i)6 r) RESOLUTION NO. 8944 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION, THEREBY DENYING THE USE PERMIT TO ALLOW CONVERSION OF A RESIDENCE TO INTERMITTENT GOVERNMENTAL OFFICES AND MEETING SPACE USE AT 610 MONTEREY STREET (A 46-99) WHEREAS, the Administrative Hearing Officer conducted a hearing on April 6, 1999 and approved a use permit allowing conversion of a residence to intermittent governmental offices and meeting space use at 610 Monterey Street; and WHEREAS, an appeal of the Hearing Officer's action was filed on April 26, 1999; and WHEREAS, the Planning Commission conducted a public hearing on May 12, 1999, and upheld the appeal, thereby denying the request to convert a residence to intermittent governmental offices and meeting space use at 610 Monterey Street; and WHEREAS, an appeal of the Planning Commission's action was filed on May 17,1999; and WHEREAS, the City Council conducted a public hearing on June 15, 1999, and has considered testimony of the appellants, interested parties, the records of the Administrative and Planning Commission hearings and action, and the evaluation and recommendation of staff; NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of the proposed project (A 46 -99), the appellants' statement, staff recommendations and reports thereof, makes the following findings: The proposed use permit is inconsistent with the City's General Plan, based on the following circumstances: Housing Element - Housing conservation Policy 1.23.2: The City shall discourage the conversion or elimination of existing housing in office, commercial and industrial areas. Policy 1.23.8: To maintain housing in residential /office portions of Downtown, the City will consider adopting a "no net housing loss" policy, requiring that housing units either be maintained, or, in case of office conversion of existing housing, be replaced on site or nearby. "Downtown" means the area bounded by Highway 101, the railroad tracks, and High Street. Land Use Element - Downtown Residential Policy 4.2.1 Existing and New Dwellings. Downtown residential uses contribute to the character of the area, allow a 24 -hour presence which enhances security, and help the balance between jobs and housing in the community. Existing residential uses within and around the commercial core should be protected, and new ones should be developed. Dwellings should provide for a variety of 1 1 1 I Resolution No. 8944 (1999 Series) Page 2 households, including singles, couples, and groups. Dwellings should be interspersed with commercial uses. All new, large commercial projects should include dwellings. Commercial core properties may serve as receiver sites for transfer of development credits, thereby having higher residential than otherwise allowed. Policy 4.2.2 Dwellings and Offices. Residential uses within some downtown areas designated Office prior to this element's 1994 update should be maintained, or replaced as new offices are developed. The City should identify areas which are predominantly residential, and redesignate them for residential use. It should designate for office use the areas which are completely or almost completely developed with offices. For the areas which are a mix of residential and office uses, the City should apply a "Residential /Office" mixed use designation. This designation would allow existing offices to be maintained and replaced. However, enlarging an office, or replacing a residential use with office, would require replacement dwellings to be built on site or somewhere within the "residential. /office" zone, or in the downtown office or commercial zones. SECTION 2. Appeal Denied. The appeal of the Planning Commission's action is hereby denied. Therefore, the Commission's action to deny the use permit (A 46 -99) is upheld, and the use permit is denied. On motion of Council Member Ewan, seconded by Council Member Marx and on the following roll call vote: AYES: Council Members Ewan, Marx, Vice Mayor Romero and Mayor Settle NOES: Council Member Schwartz ABSENT: None The foregoing resolution was passed and adopted this 15' day of June, 1999. A ST: t Lee Price, City Clerk APPROVED AS TO FORM: YrMjolu t p� / o/ Ul" r- C' �J 1 1 RESOLUTION NO. 8943 (1999 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 1999 -01 FINANCIAL PLAN AND APPROPRIATING FUNDS FOR THE 1999 -00 FISCAL YEAR WHEREAS, the City Administrative Officer has submitted the 1999 -01 Financial Plan to Council for their review and consideration in accordance with budget policies and objectives established by the Council; and WHEREAS, the 1999 -01 Financial Plan is based upon public comment and direction of the Council after scheduled budget study sessions and public hearings. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo that the 1999 -01 Financial Plan is hereby approved and that the operating, debt service and capital improvement plan budget for the fiscal year beginning July 1, 1999 and ending June 30, 2000 is hereby adopted. On motion of Council Member Schwartz, seconded by Council Member Ewan and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 15th day of June, 1999. Mayor Allen 9eWe ATTESTa:� Lee Price, City Clerk APPROVED AS TO FORM: r Attorney i RESOLUTION NO. 8942 (1999 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING PLANNING FEES AND GENERALLY SETTING COST RECOVERY AT 45% WHEREAS, in accordance with its adopted user fee cost recovery policy the City currently sets most of its development review fees such as infrastructure, building and fire plan check and inspections at a 100% cost recovery level, but sets most planning fees at a 25% cost recovery level; and WHEREAS, prior to 1995 the City set most of its planning fees at a 100% cost recovery level, but revised this to 25% as part of the 1995 -97 Financial Plan process; and WHEREAS, as part of the 1999 -01 Financial Plan process, the Council considered setting most planning fees at a 45% cost recovery level. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo that the attached planning fee schedule is hereby adopted effective August 15, 1999. On motion of Council Member Marx, seconded by Mayor Settle and on the following roll call vote: ' AYES: Council Members Ewan, Marx, Schwartz and Mayor Settle NOES: Vice Mayor Romero ABSENT: None The foregoing Resolution was passed and adopted this 15" day of June, 1999. APPROVED AS TO FORM: �WYFRJOKFA IR iL yor Allen C U 1 RESOLUTION NO. 8941(1999 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A PURCHASE AND SALES AGREEMENT WITH THE CO- TRUSTEES OF THE ROY A GARCIA REVOCABLE TRUST FOR THE ACQUISITION OF 23.5 ACRES OF THE DAMON - GARCIA RANCH, AT A COST OF $2900090009 FOR THE PURPOSE OF CONSTRUCTING SPORTS FIELDS WHEREAS, the City of San Luis Obispo (City) is a California Charter Municipal corporation; and WHEREAS, the City, acting through its City Council, has determined that a 23.5 acre portion of the Damon - Garcia Ranch in the city is an appropriate site on which to construct sports fields; and WHEREAS, additional sports fields is a community need, identified in the Parks and Recreation Element/Master Plan approved by the City Council in 1997; and WHEREAS, the Co- Trustees of the Roy A. Garcia Revocable Trust, the legal owners of this property, have agreed to its sale; and WHEREAS, the purchase of this property would serve an important municipal purpose. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby approves this purchase and sales agreement and the conditions described therein. BE IT FURTHER RESOLVED that the Council finds this purchase is exempt under Section 15325 of the California Environmental Quality Act. BE IT FURTHER RESOLVED that the Mayor is authorized to sign the Purchase and Sales Agreement. Upon motion of Vice Mayor Romero, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None E C 1 Resolution No. 8941(1999 `ies) Page 2 The foregoing resolution was passed and adopted this 15' day of June 1999. • PR TO • '7 I E 1 n [J Q/ D RESOLUTION NO. 8940 (1999 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATIONS LIMIT FOR 1999 -00 WHEREAS, the voters approved the Gann Spending - Limitation Initiative on November 6. 1979 and Proposition 111 on June 5, 1990, which establish and define annual appropriation limits on state and local government agencies; and WHEREAS, regulations require that the governing body of each local agency establish its appropriations limit and annual adjustment factors by resolution; and WHEREAS, the required calculations to determine the City's appropriations limit and estimated appropriations subject to limitation for 1999 -00 have been performed by the Department of Finance and are available for public review. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby adopts the City's appropriations limit and annual adjustment factors for 1999 -00 as follows: Appropriations Limit: 1998 -99 $30,724,300 Cost of Living Factor: California Per Capita Income 4.53% Population Factor: County Population Growth 2.28% Appropriations Limit: 1999 -00 $32,848,400 Upon motion of Council Member Schwartz, seconded by Vice Mayor Romero, and on the following roll call vote: AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 15th day of June 1999. Mayor Allen Settle APPROVED AS TO FORM: m fl