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RESOLUTION NO. 9349 (2002 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON A PORTION OF THE MORRO STREET
RIGHT -OF -WAY, BETWEEN MONTEREY AND PALM STREETS
(ABAN 193 -01)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on June 26, 2002, for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request for abandonment of a portion of
the Morro Street right -of -way between Monterey and Palm Streets;
WHEREAS, the disposition of City -owned property must be done in accordance with the
City Charter (Section 906), the California Government Code (Sections 54222 and 65402) and the
procedures of the City's Property Management Manual; 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 as indicated in
Planning Commission Resolution, incorporated herein by reference;
WHEREAS, the City Planning Commission found the land underlying the right -of -way
to be surplus City property and the disposal of said property to be consistent with the General
Plan and the City's Property Management Manual.
NOW, THEREFORE, 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 the above - referenced public right -of -way 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:
Findings:
The proposed right -of -way abandonment, and the related sale or exchange of the underlying
land, is consistent with the General plan because it is no longer needed for public street
purposes and Morro Street will continue to function as a local commercial street as
envisioned in the Circulation Element.
2. The right -of -way abandonment will benefit the general public by eliminating the City's
costs for maintaining pavement and infrastructure within the right -of -way, and it will
facilitate the construction of additional parking needed for the downtown commercial area.
R 9349
City Council ResolutitNo. 9349 (2002 Series)
Page 2
The proposed right -of -way abandonment and disposition of the surplus property is exempt
under Section 15301 of the California Environmental Quality Act.
Conditions:
A parcel map shall be processed prior to the recordation of a final abandonment .
resolution to merge underlying lot lines and show adjusted property corners. The required
parcel map shall include the 5 -foot dimension of the proposed abandonment.
2. The abandonment/parcel map shall include the reservation of necessary easements for
public pedestrian access, public and private utilities, emergency access, ingress and
egress to the buildings on the adjacent properties, private and public drainage, to the
satisfaction of the Public Works Director and the various utility companies. Specific
details will be determined during the abandonment process, prior to adoption of a final
abandonment resolution by the City Council.
3. All utility relocations, conversion of utilities from public to private, and meter relocations
shall be completed prior to recordation of abandonment and/or the parcel map, unless an
agreement to construct the necessary revisions and adequate sureties have been posted, to
the satisfaction of the Public Works Director, Utilities Director, Chief Building Official and
affected utility companies.
4. The final abandonment shall not become effective until the City Council has certified the
Final EIR for the Copelands Project, and all required Planning entitlements for the project
have been secured.
5. The final abandonment shall not become effective until the applicant has sold the adjacent
property to the east of the abandoned right -of -way to the City.
SECTION 2. Copies of the map showing the particulars of the proposed abandonment
are on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, September 3, 2002, 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 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.
City Council Resolution`No. 9349 (2002 Series)
Page 3
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.
On motion Vice Mayor Marx of , seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan, Schwartz, Vice Mayor Marx, and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 16`h day of July 2002.
Mayor Allen Settle
ATTEST:
City Clerk Lee Price
APPROVEDAS TO FORM:
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• i
RESOLUTION NO. 9348 (2002 Series)
CITY OF SAN LUIS OBISPO CITY COUNCIL RESOLUTION OF
INTENTION TO ABANDON THE COURT STREET RIGHT -OF -WAY,
BETWEEN MONTEREY AND HIGUERA STREETS
(ABAN 192 -01)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on June 26, 2002, for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request for abandonment of the Court
Street right -of -way between Monterey and Higuera Streets;
WHEREAS, title reports show that the City of San Luis Obispo has fee ownership of the
easterly 25 feet of the Court Street right -of -way, and the three adjacent property owners to the
west have fee ownership to the westerly 15 feet of the Court Street right -of -way, and the City has
received a request to quitclaim its rights to said property; and
WHEREAS, the disposition of City -owned property must be done in accordance with the
City Charter (Section 906), the California Government Code (Sections 54222 and 65402) and the
procedures of the City's Property Management Manual; 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 as indicated in
Planning Commission Resolution, incorporated herein by reference;
WHEREAS, the City Planning Commission found the land underlying the right -of -way
to be surplus City property and the disposal of said property to be consistent with the General
Plan and the City's Property Management Manual.
NOW, THEREFORE, 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 the above- referenced public right -of -way as shown on the map marked
Exhibit "1 ", 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:
Findings:
1. The proposed right -of -way abandonment, with the reservation of appropriate emergency
and pedestrian access easements, and the related sale or exchange of the underlying land, is
consistent with the General Plan because it is no longer needed for present or future public
street purposes.
City Council Resoluti•No. 9348 (2002 Series)
Page 2
2. The right -of -way abandonment will benefit the general public by eliminating the City's
costs for maintaining pavement and infrastructure within the right -of -way, and it will
facilitate the construction of the Court Street Mixed -Use Project, an infill development in
the downtown core.
3. This City -owned property is not suitable for development of public facilities or affordable
housing given its relative small size and shape.
4. The proposed right -of -way abandonment and disposition of the surplus property is exempt
under Section 15301 of the California Environmental Quality Act.
Conditions:
1. The abandonment shall include the reservation of necessary easements for public
pedestrian access, public and private utilities, emergency access, ingress and egress to
buildings on the adjacent properties, private and public drainage, to the satisfaction of the
Public Works Director and the various utility companies. The "public" drainage
easement shall be reserved only for that portion of the newly constructed Higuera Street
"under -city culvert" that lies within the abandonment area. Specific details will be
determined during the abandonment process, prior to adoption of a final abandonment
resolution by the City Council.
2. All utility relocations, conversion of utilities from public to private, and meter relocations
shall be completed prior to recordation of abandonment, unless an agreement to construct
the necessary revisions and adequate sureties have been posted, to the satisfaction of the
Public Works Director, Utilities Director, Chief Building Official and affected utility
companies.
Any building code upgrades required for the proposed abandonment and adjusted property
lines shall be reviewed, approved, permitted, and receive final inspection approvals to the
satisfaction of the city prior to recordation.
4. The final abandonment shall not become effective until the City Council has certified the
Final EIR for the Copelands Project, and all required Planning entitlements for the project
have been secured.
5. The final abandonment shall not become effective until the City has sold the adjacent
property to the east of the abandoned right -of -way to the applicant.
SECTION 2. Copies of the map showing the particulars of the proposed abandonment
are on file in the office of the City Clerk, at 990 Palm Street.
City Council Resolution No. 9348 (2002 Series) •
Page 3
SECTION 3. Tuesday, September 3, 2002, 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 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.
On motion of Council Member Schwartz, seconded by Council Member Ewan, and on
the following roll call vote:
AYES: Council Members Ewan, Schwartz, Vice Mayor Marx, and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this
A T:
City Clerk Lee Price
APPROVED AS TO FORM:
• Yti. Jorgensen
16th day of July 2002.
Mayor Allen Settle
Resolution NO. 9348 (2002 Series)
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COURT STREET ABANDONMENT
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• •
RESOLUTION NO. 9347 (2002 Series)
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 2003 THROUGH
2006.
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;
NOW, THEREFORE, BE IT RESOLVED by the San Luis Obispo City Council as
follows:
SECTION 1. Findings.
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 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 possible or available.
3. The City and County intend to enter into subrecipient agreements that will establish
administrative policies and procedures, performance standards and funding schedules,
project descriptions and funding, and guidelines for funding specific grant programs
and projects.
4. The 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 9347
• .•
Resolution No. 9347 (2002 Series)
Page 2
SECTION 2. Authorization to enter into Cooneration.Agreement.
Pursuant to Federal Regulations 24 CFR 570.501 (b), et. seq., the City Council hereby
authorizes the Mayor to sign the 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 Council Member Mulholland, seconded by Vice Mayor Marx, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Marx and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 16`b day of July 2002.
ATTEST:
Tree Price, `: y. Ierk
APPROVED AS TO FORM:
E% Fl ' _ � loorney
t
64 Allen K. Settle
Resolution No. 9347 (2002 Series)
Exhibit
A COOPERATION4PGREEMENT 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 2003 THROUGH 2005
THIS AGREEMENT is made and entered into this day of, , 2002, by
and between the County of San Luis Obispo, a political subdivision of the State of California,
hereinafter called "County"; and the City of San Luis Obispo, a municipal corporation of the State
of California, located in the County of San Luis Obispo, hereinafter called "City "; jointly referred
to as "Parties."
WITNESSETH
WHEREAS, In 1974, the U.S. Congress enacted and the President signed a law entitled, The
Housing and Community Development Act of 1974, herein called the "Act ". Said Act is omnibus
legislation relating to federal involvement in a wide range of housing and community development
activities and contains eight separate titles; and
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; and
WHEREAS, the County of San Luis Obispo has requested of the federal Department of
Housing and Urban Development, hereinafter referred to as "HUD ", that the County be designated
as an "urban county ', and the County has been informed preliminarily, subject to final determination,
that it needs to requalify 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; and
WHEREAS, the City desires to participate jointly with the County in said program, and
WHEREAS, if HUD redesignates 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 "); and
WHEREAS, the 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; and
WHEREAS, as the urban county applicant, the County must take responsibility and assume
all obligations of an applicant under federal statues, including: the analysis of needs, the setting of
objectives, the development of community development and housing assistance plans, the
consolidated plan, and the assurances of certifications; and
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
Administrative Officer 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 2003, 2004, and
2005. 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 Grant (ESG) Program,
and the Housing Opportunities for Persons With AIDS ( HOPWA) Program.
SECTION H. 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
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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, 2003, 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, 2003.
E. Grant Eligibility. In executing this Agreement, the Parties understand that they shall not be
eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for
fiscal years, during the period in which the Parties are participating in the Urban County CDBG
entitlement program; and further, the City shall not be eligible to participate in the HOME, ESG or
HOPWA programs except through the Urban County.
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 year 2003, 2004, and 2005 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 under 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
3
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 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 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
Rind 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 county formula award
from HUD increases as a result of the HUD allocation formulas as applied by County.
3) Special Urban Project 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 paragraph 1 and 2 above. The Special
Urban Projects Funds shall be awarded annually by the County Board of Supervisors,
following criteria developed jointly by County and the cities participating in the program.
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4) County allocation. City agrees that urban county formula CDBG funds.remaining after
deducting allocations for cities and the Special Urban Projects Funds comprise the County
allocation.
B. Administrative and Public Services Costs. County hereby acknowledges that City, as
subrecipient, incurs certain administrative costs in preparing housing and economic development
plans, program planning, management and accounting, professional support services, and other
reasonable and necessary expenses to carry out City's plan; and further, County agrees that after
"pass through" of CDBG program funds to City, County shall not use its remaining balance of funds
in any way that would limit City's ability to use its CDBG funds to the maximum extent allowed by
HUD for administrative, public service, or program purposes.
C. Income Generated. City shall notify the County of any income generated by the expenditure
of CDBG funds received by the City. Such program income may be retained by City subject to the
provisions of this Agreement, the Act and its Regulations. Any program income retained must only
be used for eligible activities in accordance with all CDBG requirements as then apply.
D. Use of Program Income. County shall monitor the use of any program income, requiring
appropriate record - keeping and reporting by the City as may be needed for this purpose, and 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 in 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.
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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 Resolutions. In the event of disagreement or objections by City or County as to the
allocations, disbursement, use; or reimbursement of CDBG funds, the Parties agree to accept HUD's
binding arbitration and written determinations 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 unforeseen or uncontrollable circumstances, the City may
extend the schedule for project completion, as allowed by federal regulations.
B. Amendments. Parties agree that a fully executed amendment or amendments to this
Agreement may be entered into at any time if required or necessary to implement the plans
contemplated hereunder, or to comply with any grant agreement or the regulations issued pursuant
to the Act.
SECTION VI. Compliance with Federal Regulations..
A. General. Parties agree to take all actions necessary to comply with the urban county's
certifications 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 of 1969; the Uniform Relocation Assistance and Real Property Acquisition
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
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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 of
handicapped persons;
4) Provides for a timely written answer to written complains and grievances, within 15
working days where practicable;
5) Identifies how the needs of non - English speaking residents will be met in the case of
public hearings where a significant number of non - English speaking residents can be
reasonably expected to participate.
D. Parties hereby certify, to the best of their knowledge and belief, that:
1) Conflict of Interest. No federal grant monies have been paid or will be paid, by or on
behalf of the Parties, to any officer or employee or 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
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be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an office 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 compete and submit standard form LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
3) Certifications Disclosure. Parties agree to include this certification in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify
and disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was entered into.
E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding
Enforcement of State and Local Laws Barring Entrances.
In accordance with Section 519 Public Law 101 -144, (the 1990 HUD appropriations Act),
the Parties certify that they have adopted and are enforcing:
1) A policy prohibiting the use of excessive force by law enforcement agencies within their
respective jurisdictions against any individuals engaged in non - violent civil rights
demonstrations; and
2) A policy of enforcing applicable State and local laws against physically barring entrance
to or exit from a facility or location which is the subject of such non - violent civil rights
demonstrations within their jurisdictions.
SECTION VII. Execution of Agreement and Recordkeepine.
A. HUD Certification. The CAO or the City Administrative Officer 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 Administrative Officer 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.
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NOW, THEREFORE, the parties hereto have caused this Subrecipient agreement to be executed
and attested by their proper officer thereunder duly authorized, and their official seals to be hereunto
affixed, all as of the day first above written.
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 laws, 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
Date:
COUNTY OF SAN LUIS OBISPO
I' ,
Chairperson of the Board of Supervisors
Date:
ATTEST:
Julie Rodewald, County Clerk
Date:
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NOW, THEREFORE, the parties hereto have caused this Cooperation Agreement to be executed
and attested by their proper officer thereunder duly authorized, and their official seals to be hereunto
affixed, all as of the day first above written.
CITY OF SAN LUIS OBISPO
ALLEN K. SETTLE, MAYOR
Date:
ATTEST:
LEE PRICE, CMC CITY CLERK
Date:
APPROVED AS TO CONTENT:
KENNETH C. HAMPIAN, CITY ADMINISTRATIVE OFFICER
Dater
APPROVED AS TO FORM:
2 1
APM I
CITY AT70RNEY
D.
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A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION IN THE
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME
INVESTMENT PARTNERSHIPS PROGRAM AND THE EMERGENCY SHELTER
GRANT PROGRAM FOR FISCAL YEARS 2003 THROUGH 2005
THIS AGREEMENT is made and entered into this JAay of, id.� , 2002, by
and between the County of San Luis Obispo, a political subdivision of St�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; and
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; and
WHEREAS, the County of San Luis Obispo has requested of the federal Department of
Housing and Urban Development, hereinafter referred to as "HUD ", that the County be designated
as an "urban county', and the County has been informed preliminarily, subject to final determination,
that it needs to requalify 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; and
WHEREAS, the City desires to participate jointly with the County in said program; and
WHEREAS, if HUD redesignates 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 "); and
WHEREAS, the 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
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a part of a more comprehensive county effort; and
WHEREAS, as the urban county applicant, the County must take responsibility and assume
all obligations of an applicant under federal statues, including: the analysis of needs, the setting of
objectives, the development of community development and housing assistance plans, the
consolidated plan, and the assurances of certifications; and
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 ofthe 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
Administrative Officer 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 housings 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 2003, 2004, and
2005. 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 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
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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, 2003, 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, 2003.
E. Grant Eligibility. In executing this Agreement, the Parties understand that they shall not be
eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for
fiscal years during the period in which the Parties are participating in the Urban County CDBG
entitlement program; and further, the City shall not be eligible to participate in the HOME, ESG or
HOPWA programs except through the Urban County.
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 year 2003, 2004, and 2005 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 under 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
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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 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 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 county formula award
from HUD increases as a result of the HUD allocation formulas as applied by County.
3) Special Urban Project 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 paragraph 1 and 2 above. The Special
Urban Projects Funds shall be awarded annually by the County Board of Supervisors,
following criteria developed jointly by County and the cities participating in the program.
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4) County allocation. City agrees that urban county formula CDBG funds remaining after
deducting allocations for cities and the Special Urban Projects Funds comprise the County
allocation.
B. Administrative and Public Services Costs. County hereby acknowledges that City, as
subrecipient, incurs certain administrative costs in preparing housing and economic development
plans, program planning, management and accounting; professional support services, and other
reasonable and necessary expenses to carry out City's plan; and further, County agrees that after
"pass through" of CDBG program funds to City, County shall not use its remaining balance of funds
in any way that would limit City's ability to use its CDBG funds to the maximum extent allowed by
HUD for administrative, public service, or program purposes.
C. Income Generated. City shall notify the County of any income generated by the expenditure
of CDBG funds received by the City. Such program income may be retained by City subject to the
provisions of this Agreement, the Act and its Regulations. Any program income retained must only
be used for eligible activities in accordance with all CDBG requirements as then apply.
D. Use of Program Income. County shall monitor the use of any program income, requiring
appropriate record - keeping and reporting by the City as may be needed for this purpose, and 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 in 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 CFR570.504, 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.
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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 Resolutions. In the event of disagreement or objections by City or County as to the
allocations, disbursement, use, or reimbursement of CDBG funds, the Parties agree to accept HUD's
binding arbitration and written determinations 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 unforeseen or uncontrollable circumstances, the City may
extend the schedule for project completion, as allowed by federal regulations.
B. Amendments. Parties agree that a fully executed amendment or amendments to this
Agreement may be entered into at any time if required or necessary to implement the plans
contemplated hereunder, or to comply with any grant agreement or the regulations issued pursuant
to the Act.
SECTION VI. Compliance with Federal Regulations.
A. General. Parties agree to take all actions necessary to comply with the urban county's
certifications 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 of 1969; the Uniform Relocation Assistance and Real Property Acquisition
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
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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 of
handicapped persons;
4) Provides for a timely written answer to written complains and grievances, within 15
working days where practicable;
5) Identifies how the needs of non - English speaking residents will be met in the case of
public hearings where a significant number of non - English speaking residents can be
reasonably expected to participate.
D. Parties hereby certify, to the best of their knowledge and belief, that:
1) Conflict of Interest. No federal grant monies have been paid or will be paid, by or on
behalf of the Parties, to any officer or employee or 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
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be paid to any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress; an office 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 compete and submit standard form LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
3) Certifications Disclosure. Parties agree to include this certification in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify
and disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was entered into.
E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding
Enforcement of State and Local Laws Barring Entrances.
In accordance with Section 519 Public Law 101 -144, (the 1990 HUD appropriations Act),
the Parties certify that they have adopted and are enforcing:
1) A policy prohibiting the use of excessive force by law enforcement agencies within their
respective jurisdictions against any individuals engaged in non - violent civil rights
demonstrations; and
2) A policy of enforcing applicable State and local laws against physically barring entrance
to or exit from a facility or location which is the subject of such non - violent civil rights
demonstrations within their jurisdictions.
SECTION VII. Execution of Agreement and Recordkeeping,.
A. HUD Certification. The CAO or the City Administrative Officer 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 Administrative Officer 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.
H.
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NOW, THEREFORE, the parties hereto have caused this Subrecipient agreement to be executed
and attested by their proper officer thereunder duly authorized, and their official seals to be hereunto
affixed, all as of the day first above written..
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 laws, 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.
Timothy McNulty, Deputy County Counsel
Date:
COUNTY OF SAN LUIS OBISPO
LM
Chairperson of the Board of Supervisors
Date:
ATTEST:
Julie Rodewald, County Clerk
Date:
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NOW, THEREFORE, the parties hereto have caused this Cooperation Agreement to be executed
and attested by their proper officer thereunder duly authorized, and their official seals to be hereunto
affixed, all as of the day first above written.
CITY OF SAN LUIS OBISPO
AL K. SETTLE, MAYOR
Date:
TTEST:
LEE PRIC MC CIYY CLERK
�+ Date: (� Z
PROVE AS TO CONTENT:
KENNNTH C. , CITY ADMINISTRATIVE OFFICER
Date: 7 � Ii Z
APPROVED AS TO FORM:
�! ORNEY
D.
10
RESOLUTION NO. 9346 (2002 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING EFFORTS OF AN AGENCY COALITION THAT WILL ASSIST
IN OBTAINING FUNDING FROM FUTURE WATER BOND INITIATIVES
FOR PROJECTS THAT WILL BENEFIT THE CITY OF SAN LUIS OBISPO,
COUNTY OF SAN LUIS OBISPO, AND OTHER COUNTIES
IN NORTHERN AND COASTAL CALIFORNIA
WHEREAS, the California electorate has approved three statewide bond initiatives over
the past two years that have provided $6.67 billion for water and parks related programs in
California, and an additional bond initiative is now under preparation for the November 2002
election that would provide an additional $3.44 billion if approved by the voters; and
WHEREAS, development of a regional coalition to organize and promote local salmon
restoration projects for funding has proven to be effective in obtaining federal appropriations for
California and enabling completion of the upper San Luis Obispo Creek dam removal project
and other projects important for recovery of salmonid species in San Luis Obispo County; and
WHEREAS, proper stewardship of watersheds, use of water and aquatic resources for
the public benefit has consistently been the policy of the City Council of the City of San Luis
Obispo.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby:
Supports legislation to allocate funding from future Water Bond Initiatives for local
projects in the City and County of San Luis Obispo;
2. Supports legislation to allocate funding from future Water Bond Initiatives for local
projects other Northern and Coastal California Counties;
3. Authorizes the City Administrative Officer or his designee to work with other public
agencies making up the Northern and Coastal California Water Bond Initiative Coalition
to advocate and secure grant funds for drinking water, wastewater, fisheries, wetlands,
water reuse, non--point source and flood control projects that will benefit the City of San
Luis Obispo, County of San Luis Obispo, and other counties in Northern and Coastal
California.
On motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES`. None
ABSENT: None
R 9346
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Resolution No 9346 (2002 Series)
Page 2
The foregoing resolution was passed and adopted this 16`h day of July 2002.
Mayor Allen Settle
Lee Price, City Clerk
APPROVED AS TO FORM:
,I*fVef Jo en W Co Attorney
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RESOLUTION NO. 9345 (2002 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL ACCEPTING A
NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX
INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY,
FOR THE IRISH HILLS OPEN SPACE ANNEXATION ( #68)
WHEREAS, in the case of a jurisdictional change, other than a city incorporation or
district formation, which will alter the service area or responsibility of a local agency, Revenue
and Taxation Code Section 99(a)(1) requires that the amount of property tax revenue to be
exchanged, if any, and the amount of annual tax increment to be exchanged among the affected
local agencies shall be determined by negotiation; and
WHEREAS, when a city is involved, the negotiations are conducted between the City
Council and the Board of Supervisors of the County; and
WHEREAS, when a special district is involved, the negotiations are conducted by the
Board of Supervisors of the County on behalf of the district or districts, unless otherwise
requested by said district or districts pursuant to Revenue and Taxation Code Section 99(b)(5);
and
WHEREAS, Revenue and Taxation Code Section 99(b)(6) requires that each local
agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to
accept the negotiated exchange of property tax revenues, if any, and annual tax increment and
requires that each local agency transmit a copy of each such resolution to the Executive Officer
of the Local Agency Formation Commission; and
WHEREAS, no later than the date on which the certificate of completion of the
jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the
County Auditor of the exchange of property tax revenues by transmitting a copy of said
resolution to the County Auditor, and the County Auditor shall thereafter make the appropriate
adjustments as required by law; and
WHEREAS, the negotiations have taken place concerning the transfer of property tax
revenues and annual tax increment between the County of San Luis Obispo and the City of San
Luis Obispo pursuant to Section 99(a)(1) for the jurisdictional change designated as Annexation
No. 68 to the City of San Luis Obispo (Irish Hills Open Space area); and
WHEREAS, the negotiating parties, to wit: Jim Grant, County of San Luis Obispo, and
Ken Hampian, City of San Luis Obispo, have negotiated the exchange of property tax revenue
and annual tax increment between such entities as hereinafter set forth; and
WHEREAS, it is in the public interest that such negotiated exchange of property tax
revenues and annual tax increment be consummated.
R 9345
Resolution No. 9345 q 02 Series)
Page 2
NOW, THEREFORE, BE TT RESOLVED by the Council of the City of San Luis
Obispo as follows:
That the recitals set forth above are true, correct, and valid.
2. That the City of San Luis Obispo agrees to accept the following negotiated
exchange of base property tax revenues and annual tax increment:
(a) No base property tax revenue shall be transferred from the County of San
Luis Obispo to the City of San Luis Obispo.
(b) Annual tax increment shal] be transferred from the County of San Luis
Obispo to the City of San Luis Obispo in the fiscal year 2003 - 2004 and each fiscal year
thereafter in the amount of 16.4976 percent, before Educational Revenue Augmentation
Fund.
(c) After the City portion is transferred, all annual tax increment for the
County Road Fund shall be transferred to the County General Fund.
3. Upon receipt of a certified copy of this resolution and a copy of the recorded
certificate of completion, the County Auditor shall make the appropriate adjustments to property
tax revenues and annual tax increments as set forth above.
4. That the City Clerk is authorized and directed to transmit a certified copy of this
resolution to the Executive Officer of the San Luis Obispo Local Agency Formation
Commission, who shall then distribute copies in the manner prescribed by law.
On motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland; Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 16`s day of July 2002. Y'-' 5,5
v
Mayor Allen Settle
APPROVED AS TO FORM:
sl�vw' I ,
�'
cab G`• •
• •
RESOLUTION NO. 9344 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE COMMUNITY DEVELOPMENT DIRECTOR TO APPLY
FOR AN ENVIRONMENTAL JUSTICE GRANT TO STUDY THE
BROAD STREET CORRIDOR
WHEREAS, the Califomia Department of Transportation, Division of Transportation
Planning has grant monies available to promote Environmental Justice: Context - Sensitive
Planning for Communities; and
WHEREAS, the City of San Luis Obispo has an area Broad Street/Highway 227 between
Orcutt Road and High Street that could benefit from a study of potential changes in land uses that
specifically includes a targeted effort to involve minority business owners as well as traditionally
under- represented home owners and property owners; and
WHEREAS, there exists a clearly demonstrated interest in the community to look at
improving the appearance and functionally of this major entrance to the City's historic district
and downtown;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the Community Development Director is authorized to apply to the State of
California for an Environmental Justice Grant;
NOW, THEREFORE, BE IT ALSO RESOLVED, that if recommended for funding by
the State of California, the Council of the City of San Luis Obispo authorizes the City of San
Luis Obispo to accept a grant of up to $200,000.
Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16`s day of July 2002.
vMayor Allen Settle
A T:
Lee Price, City Clerk
0
Resolution No. 9344 (2002 Series)
Page 2
APPROVED AS TO FORM:
. / . _ �is.,1�L�
' Attorney
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•
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RESOLUTION NO. 9343 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING AMTRAK INTERCITY PASSENGER RAIL SERVICE
WHEREAS, the state of California is one of the most congested states in the country;
and
WHEREAS, California's statewide population is projected to increase 35 percent by
2020 and the State's already strained transportation infrastructure cannot accommodate that
population and ensuing economic growth; and
WHEREAS, passenger rail provides an efficient, safe and environmentally sound means
of transportation for families, students, commuters, leisure and business travelers; and
WHEREAS, passenger rail helps stimulate the economy and make livable communities
by developing downtown business centers and transit villages; and
WHEREAS, the City Council values Amtrak service to our City and supports continued
Federal support of the Amtrak system, particularly investments that will result in faster, more
frequent service to the City, throughout the Counties, the State and the Nation; and
WHEREAS, Amtrak service to the City includes the Pacific Surfliner (a shorter distance
high -speed rail corridor) and the Coast Starlight, (long distance services); and
WHEREAS, the Pacific Surflineris the 2nd busiest service in the nation and the Coast
Starlight is the most heavily traveled long distance service in the nation; and
WHEREAS, approximately four million Amtrak passengers traveled through the 25
stations in the San Diego -Los Angeles -San Luis Obispo Rail Corridor Agency counties
( LOSSAN) over the fiscal year 2001; and
WHEREAS, Amtrak has sponsored a consensus -based planning project in cooperation
with local elected officials, transportation agencies, freight railroads such as Burlington Northern
Santa Fe Railway and the Union Pacific Railroad, Caltrans and the Federal Railroad
Administration that details a potential $10 billion investment over 20 years in California's rail
corridors, including the corridors serving the LOSSAN counties; and
WHEREAS, over the past ten years, Amtrak and the State of California have invested
over $1.5 billion in the State's intercity rail corridors, the result of which has been faster, more
frequent and.convenient service, improved stations and increased ridership; and
R 9343
•
Resolution No. 9343 (2002 Series)
Page 2
WHEREAS, the U.S. government has significantly undercapitalized the national Amtrak
system for decades, failed to provide passenger rail with a dedicated secure source of funding
like other modes enjoy and required Amtrak alone to achieve operating self - sufficiency; and
WHEREAS, with the Homeland Defense, the United States of America should not rely
solely on airline and automobile transportation systems and should allocate additional funding
for passenger rail service as it has done for the airlines.
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis
Obispo that the City hereby supports continued and expanded federal support for Amtrak service
and requests all the Members of the Congress representing the counties and the State of
California to support the passage of a stable source of capital and operating funding for Amtrak
(such as S.1991, the National Defense Rail Act) and endorse an appropriation of $1.2 billion for
Fiscal Year 2003, urging the President of the United States to sign said legislation into law.
Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16`h day of July 2002.
Settle
Lee Price, City Clerk
APPROVED AS TO FORM:
• n, �ffy Attorney
• 0
RESOLUTION NO. 9342 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING FUNDING TO THIRTY -FOUR AGENCIES IN THE AMOUNT OF
$1239700 FOR FISCAL YEAR 2002 -03 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 2002 -03 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 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 Mulholland, seconded by, Council Member Ewan
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16`h day of July, 2002
Mayor Allen Settle
A'
A"
Lee Price, City Clerk
APPROVED AS TO FORM:
irjr
.5iffiffi, 1111MIA100142
n, Attorney
R 9242
HUMACLATIONS COMMISSION
2002 -03 GRANTS -IN AID
RECOMMENDATIONS
Resolution No. 9342
Exhibit A
Page 1 of 1
2002 -03 Funds Available $122 200
2000 -01 Carryover $1500 G .03REC03RECA22
rY � 02..XL
AGENCY
2001 -02
2002 -03
.2002 - 3
AWARDED
REQUESTED
HRC 7CO�MMENDED
1
Aids Support Network
$9,000
$139510
$10,000
2
ALPHA
$1,500
$2,000
$1,500
3
American Red Cross
$4,5001
$6,000
$4,500
4
Assistance League
$39675
$5,000
$4,500
5
Big Brother/Big Sisters
$2,500
$3,500
$3,000
6
Camp Fire
$19750
$2,000
$22000
Casa Solana, Inc.
$39975
$0
$0
7
Child Development Center
$99400
$99500
$9,500
8
Easter Seals
$29500
$29500
$2,500
9
Easter Seals- Lymphedema
$19000
$39000
$1,000
10
EOC Child Care
$4,750
$59500
$47800
11
EOC 40 Wonderful
$29675
$3,000
$29800
12
EOC Mentoring Services
$1,000
$1,000
$19000
13
EOC Senior Health Screening
$39000
$37000
$3,000
14
Family Services Center
$49675
$4,500
$2,500
15
Family Services Center -Project Renaissance
$0
$2,500
$1,500
16
Gatehelp Ind Gryphon Place
$0
$3,000
$750
17
Hospice
$4,550
$8,600
$59000
18
Hotline of SLO County
$59500
$8,600
$6,500
19
Lifespan - ADCare
$29850
$4,200
$3,000
20
Lifespan - Caring Callers
$1,500
$2,225.
$19700
21
Lifespan - RSVP
$19750
$29225
$19800
22
Lifespan - Senior Companion Program
$1,350
$2,000
$17400
$2t2001
23
Lifespan - Senior Peer Counseling Program
$2,175
$32000
24
Literacy Council
$4,350
$5,000
$4,400'
25
Long Term Care Ombudsman
$3,000
$39150
$3,150
26
Project Hope for "Health Works"
$29000
$6,000
$1,000
The Salvation Army
$49675
$0
$0
27
Senior Legal Services
$1,300
$1,300
$1,300_
28
Senior Nutrition Program
$2,700
$3,000
$35000
29
Sexual Assault Recovery & Prevention
$5,800
$6,000
$6,600
30
3LOCO Access
$3,350
$59640
$3,400
31
Transitions
$0
$49344
$45000
32
UCP - Ride -On Transportation
$1,000
$6,000
$4,000
33
Voices for Children CASA
$59075
$71,500
.$69000
34
Women's Shelter
$109075
$12,000
$11,000
TOTAL
$ 60
$123,700
2002 -03 Funds Available $122 200
2000 -01 Carryover $1500 G .03REC03RECA22
rY � 02..XL
n,
4tESOLUTION NO. 9341(2002 Seri�sj
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AUTHORIZING FUNDING TO FORTY -ONE AGENCIES
IN THE AMOUNT OF $1089305 FOR FISCAL YEAR 2002 -03 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 2001 -03
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 Mulholland, seconded by Council Member Schwartz,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, and Vice Mayor Marx
NOES: None
ABSENT: Mayor Settle
The foregoing resolution was adopted this 2 °d day of July 2002.
Ve)layor Jan Howell Marx
ATTEST:
Lee Price; C.M.C.
City Clerk =
APPROVED AS TO FORM:
i =1111117-1
R 9341
•
Exibit A
R 9341(2002 Series)
Page 1 of 1
Promotional Coordinating Committee_
2002 - 2003 Grants -In -Aid Summary
Organization
01 -02 Grant
02-03 Reg uest
02 -03 Approved
1
Arthritis Foundation
$2,000.00
$2,500.00
$2,500.00
2
Cal Poly - en House
$0.00
$5,600.00
$0.00
3 lCal
Poly State University Foundation
$2,100.00
$4,000.00
$2,000.00
4
CASA- Voices for Children
$0.00
$6,000.00
$0.00
5
Central Coast Book & Author Festival
$2,000.00
$2,500.00
$2,000.00
6
Central Coast Shakespeare Festival
$2,100.00
$7,700.00
$3,000.00
7
City to Sea Mini Marathon
$0.00
$2,000.00
$2,000.00
8
Civic Ballet of San Luis Obispo
$2,000.00
$6,000.00
'$S,500.00
9
Cuesta College Art Gallery
$2,000.00
$3,150.00
$2,150.00
10
Cuesta College Writers Conference
$1,500.00
$2,500.00
$2,200.00
11
ECOSLO
$3,750.00
$6,000.00
$2,000.00
13
Family Services Center
$0.00
$5,000.00
$2,500.00
14
First Night San Luis Obispo
$5,100.00
$6,000.00
$4500.00
15
Friends of San Luis Obis o Botanical Garden
$3,100.00
$4,900.00
$3,500.00
16
Gilbert Reed Ballet
$2,600.00
$3,000.00
$2,500.00
17
Gold Coast Chorus
$1,100.00
$2,100.00
$1,500.00
18
KCBX, Inc.
$0.00
$4,000.00
$3,000.00
19
LifeS an Services Network, Inc.
$0.00
$1,450.00
$1,450.00
20
Music and the Arts for Youth (MAY)
$2,000.00
$3,500.00
$2,000.00
21
Pacific Re erto era
$3,100.00
$5,200.00
$3,550.00
22
Peninsula Players, Inc.
$2,100.00
$3,630.00
$2,100.00
23
Performing Arts Center - Outreach Services
$2,000.00
$3,000.00
$2,500.00
24
1 San Luis Chamber Orchestra
$1,600.00
$2,800.00
$2,000.00
25
San Luis Obis o Art Center
$3,100.00
$3,000.00
$3,000.00
26
San Luis Obispo Blues Society
$1,950.00
$1,975.00
$1,975.00
27
San Luis Obispo Community Concert Association
$2,000.00
$3,000.00
$2,300.00
28
San Luis Ol o County Arts Council
$2500.00
$3,500.00
$3,000.00
29
San Luis Obi County Band
$2,100.00
$1,725.00
$1,725.00
30
San Luis Obispo County Bicycle Coalition
$0.00
$6,000.00
$2,100.00
31
San Luis Obispo County Historical Society
$0.00
$3,655.00
$1,500.00
32
San Luis Obis 2o Downtown Association
$0.00
$8,000.00
$3,000.00
33
_
San Luis Obispo International Film Festival
$5,000.00
$12,000.00
$8;000 00 `` --
34
San Luis Obispo Little Theatre
$3,940.00
$3,000.00
$3,000.00
35
San Luis Obis 2o Mozart Festival
$5,100.00
$6,000.00
$5,000.00
36
San Luis Obispo Poetry Festival
$2,000.00
$3,000.00
$2,000.00
37
San Luis Obispo Railroad Museum
$2,000.00
$3,000.00
$2,000.00
38
San Luis Obispo Soccer Club
$1,000.00
$1,350.00
$1,000.00
39
San Luis Obispo Swim Club Seahawks
$2,100.00
$5,000.00
$2,000.00
40
San Luis Obisp 2 S phony
$4,500.00
$4,500.00
$4,000.00
12
San Luis .Obispo Vintner's & Grower's Association
$4,000.00
$6,000.00
$4,000.00
41
San Luis Obispo Youth Symphony
$0.00
$3,000.00
$2,000.00
42
Transitions - Mental Health Association
$2,100.00
$1,300.00
$1,300.00
43
Women's Community Center of San Luis Obispo
County
$0.00
$1,046.00
$1,000.00
TOTAL
$172,581.00
$108,350.00
Total Available
$1109785.00
Reserve
$2,435.00
Annidersary Year __._� :_._,,
Val
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• O
RESOLUTION NO. 9340 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION AND MODIFYING USE PERMIT A 30 -84 TO ALLOW A 6-
FOOT TALL SOUND WALL AS MEASURED FROM SIDEWALK
LEVEL AT 522 BROAD STREET, FH 19 -02
WHEREAS, the Community Development Director, on April 5, 2002, denied a request
to allow a 10 -foot tall sound wall in the R -1 zone; and
WHEREAS, Robert Rice, filed an appeal of the Director's action on April 12, 2002; and
WHEREAS, the Planning Commission, on May 22, 2002, denied an appeal of the
Director's action to allow a 10 -foot tall sound wall in the R -1 zone; and
WHEREAS, Robert Rice, filed an appeal of the Planning Commission's action on May
30, 2002; and
WHEREAS, the City Council conducted a public hearing on, July 2, 2002, for the
purpose of considering the appeal to the Planning Commission's action on Fence Height
Exception FH 19 -02; and
WHEREAS, the City Council has considered testimony of the applicant/appellant,
interested parties, the records of the Community Development Director and Planning
Commission hearings and actions, and the evaluation and recommendation of staff.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of Fence Height Exception
FH 19 -02, the Community Development Director and Planning Commission decisions, staff
recommendation, public testimony, and reports thereof, makes the following findings:
Findings for Denying Appeal:
I. Approval of the proposed fence height exception at this location would constitute a grant
of special privilege, an entitlement inconsistent with other properties in the vicinity with
the same zoning because similar exceptions have not been granted in the neighborhood.
2. The proposed 10 -foot sound wall would be greater than 8 -feet which is the maximum
allowable height for walls and fences (SLOMC 17.16.050.B.1).
R 9340
Resolution No. 9340 (20(0 eries)
0
Page 2
3. The proposed sound wall is not consistent with General Plan Land Use Element Policy
6.6.2 because the outward street appearance of the subject building would be completely
blocked from public view.
4. The proposed sound wall is not consistent with General Plan Housing Element Policy
1.27.4 because the walling -off of this residential property would inhibit its ability to
cohesively function with the surrounding neighborhood.
5. The proposed sound wall is not consistent with General Plan Noise Element Policy 8.4
because preferred approaches for noise mitigation could be used to reduce the noise at the
subject property to an acceptable level established by the General Plan.
6. The proposed 10 -foot sound wall is architecturally incompatible with development on the
site and surrounding neighborhood because it is at least 4 -feet taller than any other
approved fence in the neighborhood.
7. The proposed masonry sound wall would pose significant site distance impacts for
vehicles entering and exiting the property.
Findings for Use Permit A 30 -84 Modification Approval:
1. The proposed use permit modification would not constitute a grant of special privilege, an
entitlement inconsistent with other properties in the vicinity with the same zoning
because other sound walls have been approved as measured from sidewalk level where
significant grade changes exist between the sidewalk and wall.
2. No public purpose would be served by strict compliance with the City's fence height
standards because the Broad and Lincoln street frontages are heavily landscaped with
mature plantings that would effectively screen the sound wall from public view.
SECTION 2. Action. The appeal is hereby denied, and a modification to Use Permit A
30 -84 approved to allow a 6 -foot tall sound wall as measured from sidewalk level; and allow a 6-
foot tall sound wall along Broad Street with a 1 -foot setback from property line with the sight
line visibility retained within 10 -feet of the driveway with a maximum wall height of 30- inches,
subject to the following condition:
1. The existing landscaping between the proposed sound wall and sidewalk shall be
maintained in a neat and orderly condition throughout the life of the wall.
On motion of Council Member Ewan, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, and Vice Mayor Marx
NOES: None
ABSENT: Mayor Settle
Resolution No. 9340 (2002 • Series)
J
Page 3
The foregoing resolution was passed and adopted this 2 °d day of July, 2002
ATTES
Lee Price, C.M.C.
City .Clerk
ice Mayor Jan Howell Marx
APPROVED AS TO FORM:
CiVAttomey
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RESOLUTION NO. 9339 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S
ACTION AND APPROVING A 6 -INCH FENCE HEIGHT EXCEPTION
AT 1515 NEWPORT STREET, FH 27 -02
WHEREAS, the City opened a code enforcement case for the subject property on March
5, 2002, for the construction of an illegal fence in the street yard area; and
WHEREAS, the appellant, on March 8, 2002, submitted an application for an exception
to the City's standard fence height requirements; and
WHEREAS, the Community Development. Director, on April 10, 2002, denied a request
to allow a 6 -foot tall freestanding privacy fence to remain located within the street yard setback
area where normally a 4 -foot tall fence is the maximum height allowed in the R -1 zone; and
WHEREAS, Lara Cathcart, filed an appeal of the Director's action on April 24, 2002;
ITIR
WHEREAS, the Planning Commission, on May 22, 2002, denied an appeal of the
Director's action to allow an existing 6 -foot tall freestanding privacy fence to remain located
within the street yard setback area where normally a 4 -foot tall fence is the maximum height
allowed in the R -1 zone; and
WHEREAS, Lara Cathcart, filed an appeal of the Planning Commission's action on May
29, 2002; and
WHEREAS, the City Council conducted a public hearing on, July 2, 2002, for the
purpose of considering the appeal to the Planning Commission's action on Fence Height
Exception FH 27 -02; and
WHEREAS, the City Council has considered testimony of the applicant/appellant,
interested parties; the records of the Community Development Director and Planning
Commission hearings and actions, and the evaluation and recommendation of-staff.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findinas. That this Council, after consideration of Fence Height Exception
FH 27 -02, the Community Development Director and Planning Commission decisions, staff
recommendation, public testimony, and reports thereof, makes the following findings:
1. Approval of a fence height exception at this location would not constitute a grant of
R 9339
s 0
Resolution No. 9339 (2002 Series)
Page 2
special privilege, an entitlement inconsistent with other properties in the vicinity with the
same zoning because the 6- inches of additional fence height will be compatible with the
neighborhood.
2. The 4 -foot 6 -inch fence is consistent with General Plan Land Use Element Policy 6.6.2
because the outward street appearance of the subject building is not substantially blocked
from public view.
3. As conditioned, the 4 -foot 6 -inch fence is architecturally compatible with the
development on the site and surrounding neighborhood.
4. The proposed fence will not have any sight distance impacts for vehicles entering and
exiting the property.
SECTION 2. Action. The appeal is hereby denied, and a 6 -inch fence height exception
approved, subject to the following conditions:
1. The existing landscaping between the fence and sidewalk shall be maintained in a neat
and orderly condition throughout the life of the fence.
2. The existing 6 -foot structural support posts shall be taken down to the 4-foot 6 -inch
height consistent with the City's fence height definition.
On motion of Council Member Ewan, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland, and Vice Mayor Marx
NOES: Council Member Schwartz
ABSENT: Mayor Settle
The foregoing resolution was passed and adopted this 2nd day of July 2002
Vi ayor Jan Howell Marx
L,ee rnce, u.ivi.t
City Clerk
Resolution No. 9339 (2002 Series)
Page 3
APPROVED AS TO FORM:
MAP,,
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•
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RESOLUTION NO. 9338 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE CITY OF SAN LUIS OBISPO TRANSIT'S PARTICIPATION IN THE
SAN LUIS OBISPO COUNTY REGIONAL RIDESHARE TRY TRANSIT MONTH IN
SEPTEMBER 2002
WHEREAS, the San Luis Obispo County Regional Rideshare has received fifty
thousand dollars ($50,000) from the San Luis Obispo County Air Pollution District to fund a
countywide non -fare transit subsidy for thirty days during fiscal year 2003;
WHEREAS, the countywide non -fare transit subsidy program is called Try Transit
Month;
WHEREAS, San Luis Obispo County Regional Rideshare will serve as the program
manager and is responsible for the promotion and marketing of Try Transit Month;
WHEREAS, September 2002 will be Try Transit Month;
WHEREAS, the City projected farebox for the month of September is twenty -two
thousand five hundred dollars ($22,500) and the projected reimbursement to the City for lost
revenue is eighteen thousand dollars ($18,000);
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo, who operates SLO Transit, to participate in Try Transit Month as described by San Luis
Obispo County Regional Rideshare and be reimbursed a percentage of loss farebox revenue.
Upon motion of Council Member Schwartz, seconded by Council ember Mulholland, and
the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, and Vice Mayor Marx
NOES: None
ABSENT: Mayor Settle
The foregoing resolution was adopted this 2 °d day of July 2002.
Vic ayor Jan Howell Marx
Lee Price, C.M.C.
City Clerk
R 9338
Resolution No. 9338
Page 2
APPROVED AS TO FORM:
���
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c
RESOLUTION NO. 9337 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE PUBLIC WORKS DIRECTOR TO APPLY FOR GRANT FUNDING
FOR TRAFFIC SIGNAL BATTERY BACKUP SYSTEMS
WHEREAS, pursuant to Public Resources Code Section 25403.8, the State Energy
Resources Conservation and Development Commission (Energy Commission) is authorized to
provide grants to city governments for battery backup systems for traffic signals; and
WHEREAS, in order to be eligible for funding, the battery backup systems must be used in
conjunction with light emitting diode traffic signals;
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis
Obispo authorizes the City of San Luis Obispo to apply for funding from the California Energy
Commission for battery backup systems operating with light emitting diode traffic signals;
NOW, THEREFORE, BE IT ALSO RESOLVED, that if recommended for funding by the
California Energy Commission, the Council of the City of San Luis Obispo authorizes the City of
San'Luis Obispo to accept a grant up to $25,200;
o NOW, THEREFORE, BE IT FURTHER RESOLVED, that Michael McCluskey, Public
Works Director is hereby authorized and empowered to execute in the name of the City of San Luis
Obispo all necessary documents to implement and carry out the purpose of this resolution and to
undertake all actions necessary to undertake and complete the energy efficient project.
Upon motion of Council Member Schwartz, seconded by Council Member Mulholland, and
on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, and Vice Mayor Marx.
NOES: None
ABSENT: Mayor Settle
The foregoing resolution was adopted this 2nd day of July 2002.
Vic yor Jarf Howell Marx
ATTEST:
Lee Price, C.M.C.-
City Clerk
R 9337
11` \
V
Resolution No. 9337 (2002 Series)
Page 2
APPROVED AS TO FORM:
0
uv
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RESOLUTION NO. 9336 (2002 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, PROMOTIONS COORDINATOR,
FOR THE PERIOD JULY 1, 2002 THROUGH JUNE 309 2003
NOW, THEREFORE, 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 1, 2002
through June 30, 2003, 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 Promotions Coordinator for the period of July 1, 2002 through
June 30, 2003, 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, Schwartz .
following roll call vote:
seconded by Mulhol land , and on the
AYES:Ewan,Mulho.11and, Schwartz, and Iarx
NOES:1Vo ne
ABSENT: Settle
The foregoing Resolution was passed and adopted this 2nd day of July, 2002.
ATTEST:
Lee Price, CiN Clerk
APPROVED AS TO FORM AND CONTENT:
ff
POT, en n, y A rney
C
ayor Allen K. Settle
R 9336
o
Resolution No 9336 (2002 Series)
[ore) 2400: • ►,r U FOYALT, i
THIS CONTRACT is entered into this 2nd day of July, 2002, 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
Administrator; 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. F.mpinyment. 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. Employment Stnn,s. Employee shall be a full -time employee. Membership in the City
PERS retirement program shall be in accordance with PERS requirements with 4% of the
employee's share to be paid by Employee, 3% of the employee's share to be paid by the Downtown
Association. 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
I
I
ResoOon No 9336 (2002 Series)
with other City employees. Employee'shall be granted up to 48 hours per year of administrative
leave in lieu of overtime compensation, 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 benefit is medical benefits for employee and dependents
not to exceed $7,000.00 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. Warranty 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 $5,086.08 per month ($61,033.00 per
year), said compensation to be paid in accordance with normal City procedures.
6. Tern, of Cnntract. This Contract shall commence on July 1, 2002 through June 30,
2003, 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.
.97
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Resolution No 9336 (2002 Series)
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 Came. 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 Modifiration. 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- Accignment 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
4
0 Resol-u"tion No 9336 (2002 Series)
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. Covennnt. 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. Nondiscriminatinn. There shall be no discrimination against any person employed
pursuant to this contract in any manner forbidden by law.
13. Conflict,, 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. Copyright 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.
• • u� a no-� rmae wwrora : - eFuRew
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
• Resolution No 9336 (2002 Series)
incompatible with the position of DA Administrator or give rise to the appearance of impropriety.
16. Rnforceshilit 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 VMEREOF, City and Employee have executed this Contract on the day and
year first hereinabove set forth.
CITY OF SAN LUIS OBISPO
IWd
uR_•I_
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM
Jeff Jorgensen, City Attorney
MAYOR
Deborah J. Holley
e
Resolution No 9336 (2002 Series)
THIS CONTRACT is entered into this 2 °d day of July, 2002, 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 ").
WHEREAS, the City of San Luis Obispo has a need for a Downtown Association (DA)
Promotions Coordinator (PC); and
WHEREAS, Employee is qualified to perform such service for City; and
WHEREAS, the services to be contracted for are DA PC.
NOW, THEREFORE, the parties do mutually agree as follows:.
1. Ern ln=ent. 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 Seryi=. Pursuant to this Contract, Employee shall provide to City the
following services: PC for the DA; specific duties and responsibili ties 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. Em? ln=ent Start,-,. Employee shall be a full -time employee. Membership in the City
PERS retirement program shall be in accordance with PERS requirements with 5% of Employee's
share to be paid by Employee and 2% of the Employee's share paid by the Downtown Association.
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 benefit is medical
7
•
Resolution No 9336 (2002 Series)
coverage not to exceed $2,000.00 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. Wnrrnnty of Fin In oyce. 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 $3,160.33 per month ($37,924.00 per
year), said compensation to be paid in accordance with normal City procedures.
6. Term of Contract. This Contract shall commence on July 1, 2002 through June 30,
2003, 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. Terminatinn 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.
8
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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 Cnntract. 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.
9
•
O
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. Nnndiscrimination. There shall be no discrimination against any person employed
pursuant to this contract in any manner forbidden by law.
13. Conflicts of Tnterest. 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. Capyri 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.
MKOMMaRaVONe • o IMI .• C �. •
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 PC or give rise to the appearance of impropriety.
16. F.nfnr ..ahili T. 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
10
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
I6 -yd
IMUMMOM�A
I: 00019
Lee Price, City Clerk
APPROVED AS TO FORM
Jeff Jorgensen, City Attorney
G:\Reso 2002 Downtown Assoc with contracts.doc
MAYOR
Christine Bragg
11
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• •
RESOLUTION NO. 9335 (2002 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 changer
To provide Section 21354.5 2.7% at 55 retirement formula for
local miscellaneous members.
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 1" and by this reference made a part hereof.
Upon motion of Council Member Ewan, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwart and Vice Mayor Marx
NOES: None
ABSENT: Mayor Settle
the foregoing resolution was adopted this 26' day of June, 2002.
APPROVED AS TO FORM:
Vic or Jan Howell Marx
R 9335
Resolution No. 9335
• • Exhibit 1
California
Public Employees' Retirement System
EXHIBIT
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, August 8, 1993, November 5, 1999, January 7, 2000, July 6, 2000,
September 21, 2001 March 28, 2002 and July 18, 2002 which provides for participation
of Public Agency in said System, Board and Public Agency hereby agree as follows:
A. Paragraphs 1 through 13 are hereby stricken from said contract as executed
effective July 28, 2002, and hereby replaced by the following paragraphs
numbered 1 through 13 inclusive:
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 55 for local miscellaneous -members, age 55 _for local fire
members, and age 50 for local police members.-- _
Kesolution'NO. ySSS
EXr- �t i
PLEASE DO N IGN "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 21354.5 of said Retirement Law
(2.7% at age 55 Full).
[Note that a future legislative proposal is being considered which
could amend Government Code Section 21354.5 to make the 2.7% at
55 benefit formula applicable to both active members and inactive
members who have not yet retired. If enacted, this amendment could
have an effect on your agency's actuarial valuation and employer
contribution rates in future years.]
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362 of said Retirement Law (2%
at age 50 Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full).
Resolution No. 9335
PLEASE DO NQF SIGN "EXHIBIT ONLY"
Exhibit 1
8. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits) for local fire
members only.
b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous members and 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 and local police members, and for those
local fire members entering membership on or prior to July 1, 1986.
f. Section 20475 (Different Level of Benefits Provided for New
Employees). Section 20042 (One -Year Final Compensation) is not
applicable to local fire members entering membership after July 1-,
1986.
g. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members-only.
h. Section 21024 (Military Service Credit as Public Service), Statutes
of 1976.
9. 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.
10. 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.
11. 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
local fire members:
•
Resolution No. 9335
Exit 1
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 and local miscellaneous 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.
12. 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.
13. 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 -nade in
connection-�Iniith subsequent remittances. Adjustments on unt of
errors intributions required of any employee may be mac,5b direct
payment9CUetween the employee and the Board.
B. This
BOARD OF .4
PUBLIC EMP
BY
KENNETH W. M
ACTUARIAL &
PUBLIC EMPL El
co
O
AMENDMENT
PERS- CON -702A (Rev. 8U8)
hall be effective on the
RATION
RETIREMENT SYSTEM
FION, CHIEF
LOYER SERVICES DIVISION
=S' RETIREMENT SYSTEM
day of
CITY COUNCIL
CITY OF SAN LUI�BISPO
BY
PRESIDING O CER
Z
QO
Witness j Me
Attest:
Q
Clerk
0
• •
RESOLUTION NO. 9334 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING AN ADMINISTRATIVE USE PERMIT TO
ALLOW SPORTS FIELDS IN THE CONSERVATION /OPEN SPACE AND
PUBLIC FACILITY ZONES AND ADOPTING A MITIGATED
NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR
THE PROJECT (A/ER 185 -99)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on April 24, 2002 for the purpose of formulating and forwarding recommendations to
the City Council of the City of San Luis Obispo regarding the project, A/ER 189 -99, an
administrative use permit with environmental review for a project to develop a sports field
complex on the project site; and
WHEREAS, the Council of the City of San Luis Obispo conducted a public hearing in
the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 18,
2002 for the purpose of considering the project; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact and the mitigation monitoring program prepared for the
project; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the Council makes the following
findings:
As conditioned, the project will not harm the general health, safety or welfare of people
living or working in the vicinity of the project site because conditions of approval are
required to insure that the pathways are designed accommodate emergency response
vehicles and the Mitigated Negative Declaration for the project adequately evaluates
project impacts, and where impacts are considered to be significant, mitigation measures
are recommended to reduce the impacts to less than significant levels.
2. The proposed project is consistent with the General Plan, which designates the project
R 9334
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Council Resolution 9334 (2002 Series)
Page 2
site as Park, because the Damon - Garcia Sports Fields project will accommodate existing
demand for sports fields in the City.
The Parks and Recreation Element of the General Plan lists athletic fields as an unmet
need and includes the Damon - Garcia Sports Fields Construction in the 0-4 year
implementation plan.
4. The proposed athletic fields are compatible with the project site and with existing and
potential future uses in the vicinity because the field lighting has been designed to reduce
spill light and glare to the greatest extent possible, while still providing for flexibility in
field use and layout.
As conditioned, the proposed parking lot, with 157 parking spaces, is adequate to meet
the projected parking demand for a majority of the year. During the 10 Saturdays per
year when it is anticipated that parking demand will exceed the supply, off -site parking
options as well as demand management strategies will effectively eliminate impacts from
an inadequate parking supply. A one -year review of parking at the facility by the
Administrative Hearing Officer will insure a coordinated approach to parking demand
management at the facility.
SECTION 2. Creek Setback Exceptions, Findings. The Council does hereby grant creek
setback exceptions for the proposed bridges and for the planned bicycle and pedestrian pathway
north of the realigned Orcutt Creek, as shown on Exhibit A, based on the following findings.
The location and design of the feature receiving the exception will minimize impacts to
scenic resources, water quality, and riparian habitat, including opportunities for wildlife
habitation, rest and movement because the proposed bridges are foot bridges that are
small in scope and the additional exceptions are for pathways that will not effect scenic
resources and that are located outside of the riparian corridors that will be restored as part
of the proposed project.
2. The exception will not limit the City's design options for providing flood control
measures that are needed to achieve adopted City flood policies because the project is a
sports fields project with limited new coverage by impervious surfaces and the project is
being designed to leave the current drainage pattern of the site unaltered.
The exception will not prevent the implementation of City- adopted plans, nor increase
the adverse environmental effects of implementing such plans because the purpose of the
project is to implement a City- adopted plan to provide athletic fields and the project
includes significant improvement and restoration of a degraded creek corridor along
Acacia Creek and Orcutt Creek.
4. There are circumstances applying to the site, such as shape and topography, that do not
apply generally to land in the vicinity with the same zoning, that would deprive the
• •
Council Resolution 9334 (2002 Series)
Page 3
property of privileges enjoyed by other property in the vicinity with the same zoning
because the project site is bisected by two creeks that are being restored to the extent that
their biological value will far exceed their current state, and if the creeks cannot be
bridged then a significant portion of the property would be unusable, and if the pathway
adjacent to Orcutt Creek is realigned outside of the future creek setback area then it will
directly impact the goal of the project, which is to meet some of the existing demand for
athletic fields in the City.
5. The exception will not constitute a grant of special privilege — an entitlement inconsistent
with the limitations upon other properties in the vicinity with the same zoning - because
there are circumstances that apply to this site that don't apply to other sites in the vicinity
with the same zoning and the City evaluates all creek setback exceptions independently
according to the requirements of the Creek Setback Ordinance and the required findings
contained in the Ordinance.
6. The exception will not be detrimental to the public welfare or injurious to other property
in the area of the project or downstream because the project will have a net
environmental benefit on the creek corridor and the project has been designed to leave the
overall drainage of the area unchanged, especially in consideration of the potential effects
on downstream properties.
7. Site development cannot be accomplished with a redesign of the project because every
potential orientation of the fields initially reviewed involves some form of creek setback
exception because of the location of the two creeks that bisect the property.
8. Redesign of the project would deny the property owner reasonable use of the property
because a redesign to avoid all creek setback exceptions would significantly reduce the
amount of usable sports field area that could be developed, leaving the City with a
continuing unmet need for athletic fields.
SECTION 3. Environmental Review. The City Council does hereby adopt a Mitigated
Negative Declaration for the project, with the following mitigation measures and monitoring
programs. (Numbers in parentheses refer to the Initial Study section where the mitigation
measure occurs.)
Mitigation Measure (ld)
To minimize the effect of sports field lighting. The design shall employ no more than eleven
poles east of Acacia Creek and four poles west of Acacia Creek with a maximum of 80 -foot
poles. The level of of -site spill at the Route 227 right -of -way shall not exceed 1.50 foot candles.
The level of spill west of Acacia Creek shall not exceed an average of 1.9 foot candles. Park
policy shall be that lights are off at 10:00 P.M.
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Council Resolution 9334 (2002 Series)
Page 4
• Monitoring Program:
The Community Development Department shall verify final lighting plan substantially conforms
to the measure. The City Public Works Department shall retain an engineer to verify off -site spill
levels meet the limits in the measure.
2. Mitigation Measure (3)
The following mitigation measures are required to reduce short-term (construction) air quality
impacts. Proper implementation of these measures shall be assumed to achieve a 50% reduction
in fugitive dust emissions. The use of soil binders on completed cut - and -fill areas has the
potential to reduce fugitive dust emissions by 80 %:
a. Reduce the amount of the disturbed area where possible.
b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust
from leaving the site. Increased watering frequency would be required whenever wind
speeds exceed 15 mph. Reclaimed (non - potable) water shall be used whenever possible.
C. All dirt stockpile areas shall be sprayed daily as needed.
d. Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of any
soil disturbing activities.
e. Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading shall be sown with a fast - germinating native grass seed and watered
until vegetation is established.
f. All disturbed soil areas not subject to re- vegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD.
g. All roadways, driveways, sidewalks, etc., to be paved shall be completed as soon as
possible. In addition, building pads shall be laid as soon as possible after grading unless
seeding or soil binders are used.
h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved
surface at the construction site. -
i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or shall
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC Section 23114. This measure has the potential
to reduce PM10 emissions by 7 -14 %.
j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site. This measure has the potential to reduce PM10
emissions by 40 -70 %.
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Council Resolution 9334 (2002 Series)
Page 5
k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water shall be used where feasible. This measure
has the potential to reduce PM10 emissions by 25 -60 %.
1. All PM10 mitigation measures required shall be shown on grading and building plans. In
addition, the contractor or builder shall designate a person or persons to monitor the dust
control program and to order increased watering, as necessary, to prevent transport of
dust offsite. Their duties shall include holidays and weekend periods when work may not
be in progress. The name and telephone number of such persons shall be provided to the
APCD prior to land use clearance for map recordation and land use clearance for finish
grading of the structure.
• Monitoring Program:
The City Public Works Department designated Project Inspector shall monitor compliance
during construction.
3. Mitigation Measure (4b -c)
a. To mitigate impacts on riparian wetland resources:
b. The realigned section of Orcutt Creek shall be created to meander and be sized so that a
meandering low -flow channel can be established over time.
C. Design created seasonal wetland habitat adjacent to both sides of the realigned Orcutt
Creek with a curved and rounded border.
d. Salvage impacted wetland plant material and top six inches of soil for use as inoculum in
the created wetland habitat.
e. Enhance Acacia Creek with woody riparian tree and shrub plantings. Removal of grazing
shall also help restore the riparian cover.
f. Flood control improvements on Acacia Creek shall maximize the use of biotechnical
methods and minimize the amount of rock.
g. Create a habitat connection between the two creeks on the southern property boundary.
Native trees, shrubs, and herbs shall be installed to create vegetated cover for wildlife
movement between the two creeks and to discourage human access.
h. Acacia and Orcutt creeks shall be fenced with an average 25 -foot buffer zone to
discourage access by people. Educational signage shall be positioned along the fence line
informing the public of the sensitivity of the habitat and to encourage stewardship by not
entering the fenced area.
• •
Council Resolution 9334 (2002 Series)
Page 6
e Monitoring Program:
The City Natural Resources Manager shall review final plans for creek enhancement. The City
shall retain a biological monitor to monitor construction and provide post - construction reports.
4. Mitigation Measure (4d)
To mitigate potential impacts on Southwestern Pond Turtle:
a. Construct the new Orcutt Creek channel prior to filling the existing channel.
b. Water shall be diverted into the new Orcutt Creek channel for at least one week before
filling and grading the old channel. This will allow for passive migration of turtles into
the new channel. Prior to filling or grading activities in the old channel, a qualified
biologist shall survey the old channel for stranded turtles and relocate them to the new
channel.
C. To minimize pond turtles from straying into the construction areas, silt fencing shall be
installed and maintained in working condition at the location of the riparian setback along
both Acacia and Orcutt creeks during all construction phases.
d. In order to minimize potential disturbance of pond turtle nest sites, all improvements to
Acacia Creek shall be conducted as late in the dry season as is feasible. A qualified
biologist shall be on the site during all earthmoving work on Acacia Creek to rescue and
relocate any stranded pond turtles. Arrangements for captive rearing of yearling turtles
for one year and then release the following spring shall be included as mitigation in the
event a nest is disturbed.
e. The two creeks and wetlands shall be fenced with educational signs on the sensitivity of
the habitat areas to prevent intrusion by people. Mention of presence of the pond turtle
shall not be made on the educational signs so as to not promote collection for pets.
An educational brochure or other materials shall be provided to each of the city workers
who will be responsible for park maintenance that provides information regarding the
correct procedures for protecting the turtles.
f. The City Biologist shall be designated the contact person for monitoring turtle sightings.
The name and telephone number of the City Biologist shall be included in the educational
information. The contact person shall 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.
0
Council Resolution 9334 (2002 Series)
Page 7
• Monitoring Program:
The City Natural Resources Manager shall review final construction specifications. The City
shall retain a biological monitor to ensure measure compliance during construction.
5. Mitigation Measure (5b) (Deleted by Planning Commission)
6. Mitigation Measure (8f)
To maintain levels of increased nitrogen in the creeks at as low of rates as practical, the City
shall employ fertilization techniques in combination with an overall turf management program
that applies nitrogen fertilizer at rates and in a form that is efficiently taken up by the turf with
minimum residual nitrogen in the root zone or below. The City shall monitor and test water
quality in Orcutt and Acacia creeks downstream of the project prior to development, once during
turf establishment, and annually for three years to ensure nitrogen levels are not producing
adverse algae increases. Fertilization frequency and type shall be adjusted accordingly, if
necessary.
• Monitoring Program:
The City Natural Resources Manager shall coordinate water testing with the Public Works
Department Parks Maintenance Division and retain a monitor if necessary to evaluate algae
levels.
7. Mitigation Measure (15a -b)
To allow safe access to the site the Broad Street / Industrial Way intersection configuration and
signal shall be modified to improve the west leg for access to the project parking lot. The City
shall retain a civil / traffic engineer to prepare intersection plans for approval by Caltrans and the
City Public Works Department.
• Monitoring Program:
The City Public Works Department shall review final intersection plans and obtain Caltrans
encroachment permit.
8. Mitigation Measure (15f)
To reduce peak seasonal parking deficit, the City shall enter into an agreement with the Lathrop
property to provide Saturday overflow parking. If this arrangement does not provide sufficient
parking the City shall require the Youth Soccer League to modify its activities to reduce peak
parking demand, i.e., spread game start times to reduce overlap of team arrival / departure.
Council Resolution 9334 (2002 Series)
Page 8
• Monitoring Program:
The City Parks and Recreation Department shall secure agreement for off -site parking and
monitor parking annually during youth soccer season.
Section 4. Action. The Council does hereby approve application A/ER 185 -99, subject to
the following conditions of approval.
1. All mitigation measures approved as part of the Mitigated Negative Declaration for the
project are hereby made conditions of project approval and incorporated into the project.
2. Night time activities on the sports fields shall be programmed to be completed early
enough to allow for park users to safely exit the field area prior to 10:00 P.M. when the
lights are required to be turned off.
3. Trash and recycling receptacles shall be placed at both sides of each creek crossing
within the project site to help insure that the creeks stay clean.
4. No amplification, such as bullhoms, shall be allowed if they exceed any standard in the
Noise Ordinance.
5. Special events or temporary uses of the Damon - Garcia Sports Fields Complex shall
require prior approval of an Administrative Use Permit.
6. The Parks and Recreation Department shall submit a parking management plan for
review and approval by the Community Development Director prior to the
commencement of field use. The plan shall identify off -site parking spaces that are being
used to meet peak parking demand needs and shall discuss alternative transportation
strategies and parking demand reduction strategies that will be employed to insure that
parking does not become a significant problem at the facility.
7. The Planning Commission will review the parking situation at the facility after the first
full year of field use to determine the effectiveness of the approved parking management
plan. If a coordinated solution to identified parking problems is required, then additional
measures shall be required as conditions of approval of the review.
8. Bike racks shall be located in convenient locations along the bike path throughout the
park site to encourage and facilitate bike use among park users.
• •
Council Resolution 9334 (2002 Series)
Page 9
On motion of Council Member Ewan, seconded by Mayor Settle, and on the following
roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 18`s day of June 2002.
F.100[39
City CleZc Lee Price
APPROVED AS TO FORM:
City Attorney Jeff Jorgensen
Mayor Allen Settle
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RESOLUTION NO. 9333 (2002 Series)
A RESOLUTION OF THE CITY COUNCIL, OF THE CITY OF SAN LUIS
OBISPO REPEALING THE CREEK AND FLOOD PROTECTION FEE
WHEREAS, the City Council adopted Resolution No. 9317 (2002 Series) on May 21, 2002,
which established a new Creek and Flood Protection Fund and enacted a fee schedule to become
effective on July 1, 2002; and
WHEREAS, on June 3, 2002, the court in Howard Jarvis Taxpayers Association v. City of
Salinas (2002 DJDAR 6161) invalidated a similar fee in the City of Salinas; and
WHEREAS, the City Council desires to fully review the Creek and Flood Protection Fund and
fee schedule in light of the court's decision before implementing any fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF SAN LUIS
OBISPO as follows:
1. The fee schedule for residential and non - residential accounts adopted in Resolution No.
9317 is hereby repealed in its entirety.
2. The establishment of the Creek and Flood Protection Fund for creek and flood
protection program activities and projects as established by Resolution No. 9317 (2002 Series) remains
unchanged..
Upon motion of Vice Mayor Marx, seconded by Council Member Ewan, and on the following
roll call vote:
AYES: Council Members Ewan, Schwartz, Vice Mayor Marx and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing Resolution was adopted this 18`x' day of June 2002.
or Allen Settle
ATQE T:
City Clerk
R 9333
Resolution No. 9333 (Aeries)
Page 2
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• •
RESOLUTION NO. 9332 (2002 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AMENDMENTS TO THE 2001 -03 FINANCIAL PLAN AND
APPROPRIATING FUNDS FOR FISCAL YEAR 2002 -03
WHEREAS, the Council adopted the 2001 -03 Financial Plan on June 19, 2001 which
established comprehensive financial and policy guidelines for fiscal years 2001 -02 and 2002 -03;
and
WHEREAS, the 2001 -03 Financial Plan included appropriations for fiscal year 2002 -03;
and
WHEREAS, the Council has reviewed proposed changes to the 2001 -03 Financial Plan to
be effective for fiscal year 2002 -03 after holding budget workshops and noticed public hearings;
and
WHEREAS, the City Administrative Officer has submitted the 2001 -03 Financial Plan
Supplement and Preliminary 2002 -03 Budget to the Council for their review and consideration.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby adopts the budget for fiscal year 2002 -03 in the amount of $77,125,200.
Upon motion of Council Member Schwartz, seconded by Council Member Ewan, and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18th day of June 2002.
ayor Allen Settle
ATTE�X: .�
Lee Price, City Clerk
AP I AS TO F
6
fy� Jeff Jorgensen, City Attorney
R 9332
0
• •
RESOLUTION NO. 9331 (2002 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
ADOPTING AN AMENDMENT TO THE GENERAL PLAN LAND USE
ELEMENT POLICY CONCERNING TIMING OF PARKS
DEVELOPMENT IN THE MARGARITA AREA (GPA 44 -02)
WHEREAS, the Planning Commission and City Council have held hearings on the
proposed amendment on May 22, 2002, and June 18, 2002, respectively; and
WHEREAS, the City Council 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 has considered the draft Negative Declaration of
environmental impact as prepared by staff and recommended by the Planning Commission; and
WHEREAS, the proposed General Plan amendment is consistent with the General Plan
because sports fields are listed in the Parks and Recreation Element as a major unmet need and
the change will facilitate the timely development of the sports fields without compromising the
orderly planning of the Margarita Area as a whole.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. Environmental Review. The City Council finds and determines that the
project's Negative Declaration adequately addresses the potential environmental impacts of the
proposed policy amendment, and reflects the independent judgment of the City Council. The
Council determines that the amendment will have no significant effects on the environment. The
Council hereby adopts said Negative Declaration.
Section 2. General Plan Amendment. The General Plan Land Use Element text is
hereby amended as shown in the attached Exhibit A.
On motion of Council Member Ewan, seconded by Mayor Settle, and on the following
roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 18`h day of June 2002.
R 9331
Resolution No. 9331 (2002 Series)
Page 2
APPROVED AS TO FORM:
F ?� I lvfflffi,�, , -
•
Mao Allen Settle
•
0 Resolution. No. 9331
Exhibit A
Exhibit A
GPA 44 -02
Proposed General Plan Land Use Element Text Amendment
Text to be deleted is lined through. Text to be added is shaded.
LU 1.13.3: Required Plans
Land in any of the following annexation areas may be developed only after the City has adopted
a plan for land uses, roads, utilities, the overall pattern of subdivision, and financing of public
facilities for the area. The plan shall provide for open space protection consistent with LU policy
1.13.5.
A) For the Airport Area, a specific plan shall be adopted for the area. Until a specific plan is
adopted, properties may only be annexed if they meet the following criteria:
1) The property is contiguous to the existing city limits; and
2) The property is within the existing urban reserve line; and
3) The property is located near to existing infrastructure; and
4) Existing Infrastructure capacity is available to serve the proposed development;
and
5) A development plan for the property belonging to the applicant(s) accompanies
the application for annexation; and
6) The applicant(s) agree to contribute to the cost of preparing the specific plan and
constructing area -wide infrastructure improvements according to a cost sharing
plan maintained by the City.
B) For the Orcutt expansion area, a specific plan shall be adopted for the whole area before
any part of it is annexed.
C)
anae?iatien,
be
the
and shall zened eensistent
with adopted speeifie
plan upen adepti
the Margarita Area, annexation may occur following the City Council's 1996
coval of a draft specific plan as the project description for environmental review?
ept for City parks or sports fields, further development shall not occur until the C
completed environmental review and adopted a specific plan. City parks or spore
Is may be developed before the specific plan is adopted, if environmental review
park or sports field has been completed; and if the ;park or sports field is consist&
i the General Plan and the draft specific vlan most recently endorsed by the Ci4
vate properties that are annex
nseivation/Open Space upon
D) For any other annexations, the required plan may be a specific plan, development plan
under "PD" zoning, or similar development plan covering the entire area.
'Sp
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0 0
RESOLUTION NO. 9330 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DISPENSING WITH THE COMPETITIVE BIDDING PROCESS
FOR THE REMOVAL OF HAZARDOUS BUILDING MATERIALS AT
1123 MILL STREET (FORMER BOY SCOUT BUILDING)
WHEREAS, the Public Works Department publicly bid the project to remove hazardous
materials from 1123 Mill Street; and
WHEREAS, the only bid received was determined to be non - responsive; and
WHEREAS, it is important for this project to proceed in a timely manner to be
completed in advance of the remodeling of the existing Recreation Center.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the competitive bidding process is to be dispensed with for the project to remove
hazardous building materials from the former Boy Scout Building at 1123 Mill Street, and staff is
authorized to solicit written quotes for completing the building material removal.
Upon motion of Council Member Mulholland, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18`h day of June 2002.
a or Allen Settle
ATTEST:
- Lee Price, City Clerk
APPROVED AS TO FORM:
Or). ? on" .' 9,
R 9330
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• 0
Resolution No: 9329 (2002 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE APPLICATION TO APPLY FOR GRANT FUNDS FOR THE PER
CAPITA PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN WATER,
CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000 THROUGH THE
STATE OF CALIFORNIA DEPARTMENT OF PARKS AND RECREATION
WHEREAS, the people of the State of California have enacted the Per Capita Grant
Program which provides funds to meet the urgent need for state, open and accessible local park
and recreational facilities for increased recreational opportunities that provide positive
alternatives to social problems; and
WHEREAS, the Califomia.Department of Parks and Recreation has been delegated the
responsibility for the administration of the grant program, setting up necessary procedures; and
WHEREAS, said procedures established by the State of California Department of Parks
and Recreation require the Applicants Governing Body to certify by resolution the approval of
the Applicant to apply for the Per Capita Allocation, and
WHEREAS, the Applicant will enter into a Contract with the State of California;
NOW, THEREFORE, BE IT RESOLVED that the City of San Luis Obispo City
Council hereby:
Approves the filing of an Application for local assistance funds from the Per
Capita Grant Program under the Safe Neighborhood Parks, Clean Water, Clean
Air, and Coastal Protection Bond Act of 2000; and
2. Certifies that the Applicant has or will have sufficient funds to operate and
maintain the project; and
3. Certifies that the Applicant has reviewed, understands and agrees to the General
Provisions contained in the Contract shown in the Procedural Guide; and
4. Appoints the City Administrative Officer as agent of the City of San Luis Obispo
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 projects.
R 9329
Resolution No. 9329 (?002 Series)
Page 2
Upon motion of Council Member Mulholland, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx and
Mayor Settle
NOES: None
ABSENT:
The foregoing resolution was adopted this 18'h day of June 2002.
ATTEST:
Lee Price, tity Clerk
APPROVED AS TO FORM:
✓14e
Jeffrey G. Jorgensen, City Att ey
y r Allen Settle
G:V01 -03 Resolution (fogr9329 rem.dor
• •
RESOLUTION NO. 9328 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE APPROPRIATIONS LINUT FOR 2002 -03
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 2002 -03 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 2002 -03 as
follows:
Appropriations Limit: 2001 -02 $37,347,300
Cost of Living Factor: Change in Non - residential Assessed Valuation .33%
Population Factor: County Population Growth 1.80%
Appropriations Limit: 2002 -03 $38,144,700
Upon motion of Council Member Mulholland, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland, Schwartz, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 18`h day of June 2002.
Lee Price, City Clerk
APPROVED AS TO FORM:
ffrey G. Jorgensen, City Attorney
f.`
Vor Allen Settle
R9328
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• •
RESOLUTION NO. 9327 (2002 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 2419
WHEREAS, the City Council made certain findings concerning vesting Tract 2419, as
stated in Resolution No. 9192 (2001 Series), and
WHEREAS, the subdivider has submitted surety bonds in the amounts of $154,500
(Faithful Performance) and $77,250 (Labor & Materials) to guarantee installation of the subdivision
improvements, per approved plans, and all fees have been paid as noted in the attached subdivision
agreement, marked "Exhibit A ", and
WHEREAS, all other conditions required per said Resolution No. 9192 (2001 Series) have
been met or are guaranteed.
NOW THEREFORE, BE IT RESOLVED, that the final map for Tract No. 2419 has been
found to be in "substantial compliance" with the approved tentative map and final map approval is
hereby granted. The Mayor is hereby authorized to execute the subdivision agreement.
On motion of Council Member Ewan, seconded by Vice Mayor Marx and on the following roll call
vote:
AYES: Council Members Ewan, Schwartz, Vice Mayor Marx, and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
The foregoing Resolution was passed and adopted this 18`h day of June 2002.
ATTEST:
CITY CLERK Lee Price, C.M.C.
LAPPRO AS TO FORM:
A O Y Jeffrey G. Jorgenson
✓3 M,�ftx
YOR Allen K. Settle
R9527
J
,�Ly
> O •
Exhibit A
Resolution No. 9327
SUBDIVISION AGREEMENT
TRACT 2419
THIS AGREEMENT is dated this day of 2002 by and
between Aurignac Enterprises, a California Corporation, herein referred to as "Subdivider,"
and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2419, City of San Luis Obispo,
California, as approved by the City Council on the day of
2002.
The Subdivider desires that said Tract No. 2419 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agrees to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. STREET LIGHTING
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6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION.: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within twelve (12) months of said recording date, unless an extension
has been granted by the City, provided that if completion of said work is delayed by acts of
God or labor disputes resulting in strike action, the Subdivider shall have an additional
period of time equivalent to such period of delay in which to complete such work. Any
extension of time hereunder shall not operate to release the surety on the Improvement
Security filed pursuant to this agreement. In this connection, the surety waives the
provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or the City Council and has paid, or will pay, the necessary fees
as indicated on the attached Exhibits 1 and 2.
The restoration of lost section corners and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the total amount of one hundred fifty fout
thousand five hundred dollars ($154,500) that is the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the improvements arising from
faulty workmanship or materials or defective construction of said improvements occurring
within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7
and 66499.9 of the Government Code of the State of California, upon final completion and
acceptance of the work, City will release all but 10% of the improvement security, that
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
Additionally, the•Subdivider attaches hereto, as an infgral part hereof, an
instrument of credit or bond approved by and in favor of the City of San Luis Obispo in the
total amount of seventy seven thousand two hundred fifty dollars ($77,250) as a labor and
materials surety which is fifty percent (50 %) of the above described subdivision
improvements in accordance with State law.
Said Subdivider has paid an inspection fee of twelve thousand seven hundred and
three dollars ($12,703) for City to inspect the installation of said subdivision improvements,
and to verify that they have been completed in accordance with the plans and
specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligations of
the Subdivider under this agreement.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
IN WITNESS fVHEREOF, this agreement has been eTcecuted by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
MAYOR Allen K. Settle Patrick Aurignac, President
ATTEST:
CITY CLERK Lee Price
APPROVED AS TO FORM:
CITY ATTORNEY Jeffrey G. Jorgensen
EXHIBIT 1 •
TRACT 2419
SUBDIVISION AGREEMENT
1. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2.
2. Water and sewer impact fees shall be paid at time of building permits through the Community
Development Department, Building Division, in accordance with City Regulations.
3. Transportation impact fees shall be paid at time of building permits through the Community
Development Department, Building Division, in accordance with City Regulations.
4. The subdivider shall comply with all requirements of ARC conditions 189 -00, Ordinance No
1388 (2001 series) and Council Resolution No 9192 (2001) approving the tentative map.
EXHIBIT 2
TRACT 2419 -FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:
Total Faithful Performance
$154,500
Bond No.
6/3/02
833304S
Labor & Materials (50% of total cost of
$77,250
Bond No.
6/3/02
improvements
833304S
Monument Guarantee
N/A
N/A
Subdivision Monumentation has
been set.
Rough Grading & Stockpile
$5,500
CD #281121041
11/29/01
Fees:
Map Check Fee
$1,369
Check
9/14/01
Plan Check Fee
$3,295
Check
1/16/02
Total Inspection Fee
$12,703
N/A
Total Fee
Credit for Early Grading Permit fee Public
-$1,519
Check
10/16/01
Improvement Plan Inspection
$11,184
Check
4/8/02
Park In -Lieu Fee
6/3/02
6 new single family lot x $4,296
$25,776
Check
Affordable Housing Requirements
In -lieu Housing Fee
$66,772.65'
N/A
Due with each building permit.
(5% of Building Value per City of San
Luis Obispo M. C. 17.91.060)
Water Impact Fee {Estimate )
7 single family lot x $7,059
$49,413
Due with each building permit at the
1 park lot with 5/8 x 3/s
$7,059
N/A
rate in effect at the time of permit.
Wastewater Impact Fee (Estimate)
7 single family lot x $2,795
$19,565
Due with each building permit in
N/A
accordance with City regulations.
Transportation Impact Fee (Estimate)
7 single family lot x $1,433
$10,031
Due with each building permit in
I A
accordance with City regulations.
Estimate of Fee based on valuation at time of building permit application, final amount to be determined prior to issuance of
building permit
2 All Impact Fees are adjusted annually (typically July 1) based on CPI (July 2001 fee is shown)