The URL can be used to link to this page

Home My WebLink About9450-9474c s RESOLUTION NO. 9474 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE SHORT RANGE TRANSIT PLAN 2002 WHEREAS, the City of San Luis Obispo, California operates San Luis Obispo Transit, a public transit service; and WHEREAS, the San Luis Obispo Council of Governments requires transit operators to prepare a Short Range Transit Plan every five years to be included in the regional transportation plan; and WHEREAS, the Planning Commission conducted a public hearing on August 13, 2003 and recommended approval of the Short Range Transit Plan; and WHEREAS, the City Council conducted a public hearing on August 28, 2003 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff: and WHEREAS, the City Council finds that the proposed Short Range Transit Plan is consistent with the policies of the General Plan; and WHEREAS, the City Council has considered the draft Negative Declaration of the environmental impact as prepared by staff and reviewed by the Planning Commission; WHEREAS, the City of San Luis Obispo has developed a Short Range Transit Plan to review its public transit service, and to make recommendation for service improvements; and WHEREAS, the Mass Transportation Committee has reviewed the Short Range Transit Plan and concurs with the recommendations; and WHEREAS, the Planning Commission has reviewed the Short Range Transit Plan. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo, who operates SLO Transit: Section 1, Adopt the Short Range Transit Plan dated April 2003 as recommended by the Mass Transportation Committee with modifications described in Exhibit A. Section 2. Approve the fare policy as recommended by the Mass Transportation Committee and as modified by staff in Exhibit B. R 9474 Resolution No. 9474 (2003`Series) a Page 2 Section 3. The City Council finds and determines that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the project, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. Section 4. Direct staff to investigate the possibility of the Route 2 to operate on a thirty minute headway. Section 5. Provide schedule information at every bus stop. Upon motion of Vice Mayor Mulholland, seconded by Council Member Schwartz, and the following roll call vote: AYES: Council Members Ewan and Schwartz, Vice Mayor Mulholland and Mayor Romero NOES: Council Member Settle ABSENT: The foregoing resolution was adopted this 28 h day of August, 2003. e �. a 'e� • ATTEST: I.ee Price, City Clerk APPROVED AS TO FORM: Jon an P. Lowell, City Attorney O� I San Luis Obispo Transit EXHIBIT A WHITE PAPER PROPOSED FINAL RECOMMENDATIONS FOR THE 2003 SHORT RANGE TRANSIT PLAN June 23, 2003 CITY OF SAN LUIS OBISPO, SLO TRANSIT 955 MORRO STREET SAN LUIS OBISPO, CA 93449 (805) 781 -7121 OPTION E ROUTE DESCRIPTIONS General Description. This option assumes the New Route 2 will serve the Prado Day Center via Elks Lane. This option also assumes that the Evening Southwest service will provided connecting service from the South Higuera, Los Osos Valley Road, and Madonna Corridors to downtown San Luis Obispo. This option also separates the associated revenue vehicle miles and operating costs attributed to day and evening services. Comparing to Option A, this alignment for the Evening Southwest service reduces the overall revenue vehicle miles and costs. Fuel costs have been added in the financial data as a function of the revenue vehicle miles and the average miles per gallon of the diesel fleet. Separate financial data illustrates the variance between a $0.50 premium fare for all riders. Both scenarios consider a regular cash fare of $1.00, and a senior /disabled cash fare of $0.50. The net impact is that the service is solvent. This option is the most drastic approach in that headways are increased on the New Route 2 to forty minutes. In essence, the peak weekday service is sacrificed for the less productive evening service. Route 1 -North of Foothill Proposed Change. The proposed change to Route 1 is to eliminate service on Highland Drive to the Cal Poly Agriculture Building. This change will shorten the route miles with the intention to reduce headways from 76 minutes to 60 minutes. Proposed Alignment. This Route 1 will operate on the following roadways: Osos Street, Palm Street, Nipomo Street, Marsh Street, Broad Street, Orcutt Road, Southwood Road, Laurel Lane, Augusta Street, Bishop Street, Johnson Street, Monterey Street, Santa Rosa Street, Mil] Street, and Osos Street. Days of Operation. The Route 1 will operate on weekdays from 6:00 a.m. to 6:30 p.m. Route 1 will operate a weekend schedule on the following holidays: New Year's Day, Memorial Day, Independence Day and Labor Day. This route will not operate on Christmas Day and Thanksgiving Day. o r Headways. The Route will operate on the following headways: . Weekends No Service Vehicle Requirements. One vehicle will be assigned to operate Route 1. Route 2 — Prado Day Center Proposed Change. The Short Range Transit Plan initially proposed that the Route 2 serve South Higuera Street to Auto Park via Los Osos Valley Road. This alignment would require the elimination of the bus stop near the Prado Day Center on Prado Road. Based on the volume of public comments received, the proposed final recommendation modifies the Consultant's recommendation in order to maintain the current service on Prado Road via Elks Lane, and South Higuera Street. To maintain headways, the outbound terminal point for the New Route 2 will be at South Higuera at Suburban. This would eliminate service on Los Osos Valley Road at the Las Verdes Estates. It was originally thought that Las Verdes Estates generated moderate ridership. Based on a recent ridership survey, the bus stop only generates two trips per day. Eliminating this bus stop would not impact ridership on Los Osos Valley Road. The benefit to this recommendation is that it responds to the public comments to serve Prado Day Center. Proposed Alignment. This Route 2 will operate on the following roadways: Osos Street, Palm Street, Nipomo Street, Pismo Street, South Higuera Street, Tank Farm, Long Street, Cross Street, Short Street, Suburban Street, South Higuera, Marsh Street, Santa Rosa Street, Mill Street, and Osos Street. Days of Operation. The Route 2 will operate on weekdays from 6:00 a.m. to 6:30 p.m., and on weekends from 8:00 a.m. to 6:00 p.m. Route 2 will operate a weekend schedule on the following holidays: New Year's Day, Memorial Day, Independence Day and Labor Day. This route will not operate on Christmas Day and Thanksgiving Day. Headway Period Hours (wins) Weekday AM Peak 6:00 a.m. — 9:00 a.m. 60 Midday 9:01 a.m. — 3:00 p.m. 60 PM Peak 3:01 p.m. — 6:29 p.m. 60 Evening No Service Weekends No Service Vehicle Requirements. One vehicle will be assigned to operate Route 1. Route 2 — Prado Day Center Proposed Change. The Short Range Transit Plan initially proposed that the Route 2 serve South Higuera Street to Auto Park via Los Osos Valley Road. This alignment would require the elimination of the bus stop near the Prado Day Center on Prado Road. Based on the volume of public comments received, the proposed final recommendation modifies the Consultant's recommendation in order to maintain the current service on Prado Road via Elks Lane, and South Higuera Street. To maintain headways, the outbound terminal point for the New Route 2 will be at South Higuera at Suburban. This would eliminate service on Los Osos Valley Road at the Las Verdes Estates. It was originally thought that Las Verdes Estates generated moderate ridership. Based on a recent ridership survey, the bus stop only generates two trips per day. Eliminating this bus stop would not impact ridership on Los Osos Valley Road. The benefit to this recommendation is that it responds to the public comments to serve Prado Day Center. Proposed Alignment. This Route 2 will operate on the following roadways: Osos Street, Palm Street, Nipomo Street, Pismo Street, South Higuera Street, Tank Farm, Long Street, Cross Street, Short Street, Suburban Street, South Higuera, Marsh Street, Santa Rosa Street, Mill Street, and Osos Street. Days of Operation. The Route 2 will operate on weekdays from 6:00 a.m. to 6:30 p.m., and on weekends from 8:00 a.m. to 6:00 p.m. Route 2 will operate a weekend schedule on the following holidays: New Year's Day, Memorial Day, Independence Day and Labor Day. This route will not operate on Christmas Day and Thanksgiving Day. Headways. The Route 2 will operate the following headways: Period Hours Headway (mins) Weekday AM Peak 6:00 a.m. — 9:00 a.m. 40 Midday 9:01 a.m. — 3:00 p.m. 40 PM Peak 3:01 p.m. — 6:29 p.m. 40 Evening 6:30 p.m. — 8:30 p.m. No Service Weekend 8:00 a.m. — 6:00 p.m. 40 Vehicle Requirements. One vehicle will be assigned to Route 2 on weekdays and one vehicle on weekends. Route 3- Augusta and Orcutt Corridors Proposed Change. The proposed change to Route 3 is to eliminate service to Cal Poly and the Airport. This change will shorten the route miles with the intention to reduce headways from 72 minutes to 30 minutes. Proposed Alignment. This Route 3 will operate on the following roadways: Osos Street, Palm Street, Santa Rosa Street, Marsh Street, Johnson Street, Bishop Street, Augusta Street, Laurel Lane, Orcutt Road, Tank Farm Road, Broad Street, Chorro Street, Mill Street, and Osos Street. Days of Operation. The Route 3 will operate on weekdays from 6:00 a.m. to 6:30 p.m., and on weekends from 8:00 a.m. to 6:00 p.m. Route 3 will operate a weekend schedule on the following holidays: New Year's Day, Memorial Day, Independence Day and Labor Day. This route will not operate on Christmas Day and Thanksgiving Day. Headways. The Route 3 will operate the following headways: Period Hours Headway (mins) Weekday AM Peak 6:00 a.m. — 9:00 a.m. 30 Midday 9:01 a.m. — 3:00 p.m. 30 PM Peak 3:01 p.m. — 6:29 p.m. 30 Evening 6:30 p.m. — 8:30 p.m. No Service Weekend 8:00 a.m. — 6:00 p.m. 30 U Vehicle Requirements. One vehicle will be assigned to the Route 3 on weekdays and one vehicle on weekends. Route 4 -Cal Poly, Foothill Road, and Santa Barbara Street Proposed Change. No changes are proposed to the Route 4. Staff will re -time the route and strive to reduce the headway from 33/66 minutes to 30/60 minutes. Proposed Alignment. No change. Days of Operation. The Route 4 will operate on weekdays from 6:00 a.m. to 6:30 p.m., and on weekends from 8:00 a.m. to 6:00 p.m. Route 4 will operate a weekend schedule on the following holidays: New Year's Day, Memorial Day, Independence Day and Labor Day. This route will not operate on Christmas Day and Thanksgiving Day. Headways. The Route 4 will operate the following headways: Weekend 8:00 a.m. — 6:00 p.m. 60 Not confirmed. Represents desired headways. Vehicle Requirements. Two vehicles will be assigned to the Route 4 on weekdays and one vehicle on weekends. Route 5 -Cal Poly, Foothill Road, and Amtrak Proposed Change. No changes are proposed to the Route 5. Staff will re -time the route and strive to reduce the headway from 34/68 minutes to 30/60 minutes. Proposed Alignment. No change. Days of Operation. The Route 5 will operate on weekdays from 6:00 a.m. to 6:30 p.m., and on weekends from 8:00 a.m. to 6:00 p.m. Route 5 will operate a weekend schedule on the following holidays: New Year's Day, Memorial Day, Independence Day and Labor Day. This route will not operate on Christmas Day and Thanksgiving Day. Headways. The Route 5 will operate the following headways: Headway Period Hours (mins)l Weekday AM Peak 6:00 a.m. — 9:00 a.m. 30 Midday 9:01 a.m. — 3:00 p.m. 30 PM Peak 3:01 p.m. — 6:29 p.m. 30 Evening 6:30 p.m. — 8:30 p.m. No Service Weekend 8:00 a.m. — 6:00 p.m. 60 Not confirmed. Represents desired headways. Vehicle Requirements. Two vehicles will be assigned to the Route 4 on weekdays and one vehicle on weekends. Route 5 -Cal Poly, Foothill Road, and Amtrak Proposed Change. No changes are proposed to the Route 5. Staff will re -time the route and strive to reduce the headway from 34/68 minutes to 30/60 minutes. Proposed Alignment. No change. Days of Operation. The Route 5 will operate on weekdays from 6:00 a.m. to 6:30 p.m., and on weekends from 8:00 a.m. to 6:00 p.m. Route 5 will operate a weekend schedule on the following holidays: New Year's Day, Memorial Day, Independence Day and Labor Day. This route will not operate on Christmas Day and Thanksgiving Day. Headways. The Route 5 will operate the following headways: Weekend 8:00 a.m. — 6:00 p.m. 60 Not confirmed. Represents desired headways. Vehicle Requirements. Two vehicles will be assigned to the Route 5 on weekdays and one vehicle on weekends. Route 6-Cal Poly Circulators Proposed Change. The New Route 6 is split pattern route. The Route 6a serves the North FoothilMghland Road area providing connecting service to Cal Poly at Mott Gym. The Route 6b serves the Mill Street area providing connecting service to Cal Poly at Mott Gym and Downtown. The Route 6 introduces the concept of a peak period and non -peak period service to the City of San Luis Obispo. Peak period service ranges from October 1 to June 30, and non - peak period service ranges from July 1, to September 30. Proposed Alignment. The Route 6a will operate on the following roadways: South Perimeter Drive Road, North Perimeter Drive, University Drive, Highland Road, Patricia Drive, Tassajara Road, Ramona Road, Broad Street, Foothill Road, Santa Rosa Road, Murray Street, Casa Street, Foothill Road, California Boulevard, Campus Way, and South Perimeter Drive. The Route 6b will operate on the following roadways: South Perimeter Drive, Grand Avenue, Mill Street, Osos Street, Santa Rosa Street, Mill Street, California Boulevard, Campus Way, and South Perimeter Drive. Days of Operation. During the peak periods (school year) and non -peak periods (summer months), the Route 6 will operate Mondays through Thursdays from 6:00 a.m. to 8:30 p.m., and on Fridays and Saturdays from 9:00 a.m. to 8:00 p.m. Route 6 will not operate on Sundays. Sunday service on Routes 4 and 5 can accommodate any service demand in the Foothill Road and Mill Street corridors. This route will operate on a weekend schedule on the following holidays: New Year's Day, Memorial Day, Independence Day and Labor Day. This route will not operate on Christmas Day and Thanksgiving Day. Headways. The Route 6 will operate the following headways during peak period service: Headway Period Hours (mins)l Weekday AM Peak 6:00 a.m. — 9:00 a.m. 30 Midday 9:01 a.m. — 3:00 p.m. 30 PM Peak 3:01 p.m. — 6:29 p.m. 30 Evening 6:30 p.m. — 8:30 p.m. No Service Weekend 8:00 a.m. — 6:00 p.m. 60 Not confirmed. Represents desired headways. Vehicle Requirements. Two vehicles will be assigned to the Route 5 on weekdays and one vehicle on weekends. Route 6-Cal Poly Circulators Proposed Change. The New Route 6 is split pattern route. The Route 6a serves the North FoothilMghland Road area providing connecting service to Cal Poly at Mott Gym. The Route 6b serves the Mill Street area providing connecting service to Cal Poly at Mott Gym and Downtown. The Route 6 introduces the concept of a peak period and non -peak period service to the City of San Luis Obispo. Peak period service ranges from October 1 to June 30, and non - peak period service ranges from July 1, to September 30. Proposed Alignment. The Route 6a will operate on the following roadways: South Perimeter Drive Road, North Perimeter Drive, University Drive, Highland Road, Patricia Drive, Tassajara Road, Ramona Road, Broad Street, Foothill Road, Santa Rosa Road, Murray Street, Casa Street, Foothill Road, California Boulevard, Campus Way, and South Perimeter Drive. The Route 6b will operate on the following roadways: South Perimeter Drive, Grand Avenue, Mill Street, Osos Street, Santa Rosa Street, Mill Street, California Boulevard, Campus Way, and South Perimeter Drive. Days of Operation. During the peak periods (school year) and non -peak periods (summer months), the Route 6 will operate Mondays through Thursdays from 6:00 a.m. to 8:30 p.m., and on Fridays and Saturdays from 9:00 a.m. to 8:00 p.m. Route 6 will not operate on Sundays. Sunday service on Routes 4 and 5 can accommodate any service demand in the Foothill Road and Mill Street corridors. This route will operate on a weekend schedule on the following holidays: New Year's Day, Memorial Day, Independence Day and Labor Day. This route will not operate on Christmas Day and Thanksgiving Day. Headways. The Route 6 will operate the following headways during peak period service: Fridays and Saturdays All Day 9:00 a.m. — 6:00 p.m. 60 The Route 6 will operate the following headways during non -peak period service: Headway Period Hours (mins) Mondays through Thursday s AM Peak 6:00 a.m. — 9:00 a.m. 30 Midday 9:01 a.m. — 3:00 p.m. 30 PM Peak 3:01 p.m. — 6:29 p.m. 30 Evening 6:30 p.m. — 8:30 p.m. 60 Fridays and Saturdays All Day 9:00 a.m. — 6:00 p.m. 60 The Route 6 will operate the following headways during non -peak period service: Fridays and Saturdays All Day 9:00 a.m. — 6:00 p.m. 60 Vehicle Requirements. Two vehicles will be assigned to the Route 6 during peak period service from Mondays through Thursdays. One vehicle will be assigned to the Route 6 during non -peak periods and evening hours providing interlining service between Route 6a and Route 6b. Performance Measures. The evening portion of Routes 6 must maintain a ten percent farebox ratio for the operating costs associated to the Route 6 and/or must achieve a minimum of twelve passengers per revenue vehicle hour while maintaining a system- wide farebox ratio of twenty percent at the end of the fiscal year. Failure to achieve one or both of these standards within twelve months from implementation, staff will be directed to discontinue in accordance to the public participation policy in the Short Range Transit Plan. Evening Service- Descanso Extension Proposed. Change. The proposed evening service is a split pattern route providing lifeline service to the southwest area and the southeast area of the City. The Southwest Headway Period Hours (mins) Mondays through Thursday s AM Peak 6:00 a.m. — 9:00 a.m. 60 Midday 9:01 a.m. — 3:00 p.m. 60 PM Peak 3:01 p.m. — 6:29 p.m. 60 Evening 6:30 p.m. — 8:30 p.m. 60 Fridays and Saturdays All Day 9:00 a.m. — 6:00 p.m. 60 Vehicle Requirements. Two vehicles will be assigned to the Route 6 during peak period service from Mondays through Thursdays. One vehicle will be assigned to the Route 6 during non -peak periods and evening hours providing interlining service between Route 6a and Route 6b. Performance Measures. The evening portion of Routes 6 must maintain a ten percent farebox ratio for the operating costs associated to the Route 6 and/or must achieve a minimum of twelve passengers per revenue vehicle hour while maintaining a system- wide farebox ratio of twenty percent at the end of the fiscal year. Failure to achieve one or both of these standards within twelve months from implementation, staff will be directed to discontinue in accordance to the public participation policy in the Short Range Transit Plan. Evening Service- Descanso Extension Proposed. Change. The proposed evening service is a split pattern route providing lifeline service to the southwest area and the southeast area of the City. The Southwest �1 Route serves the South Higuera Street, Los Osos Valley Road, and Madonna Road Corridors. The Short Range Transit Plan initially proposed that the Southwest Route operate on Oceanaire Drive with the intent to expand the service area of the new route and to provide more direct service to the residents in Laguna Lake. It is also important to note that this recommendation proposes bus service on Oceanaire Drive, where buses do not currently operate. Based on the public comments received, the proposed final recommendation modifies the recommendation prepared by the Consultant to extend the route to Descanso Road to provide maximum service coverage to the Laguna Lake and Irish Hills areas, as well as, the Promenade on Madonna Road. The net result is that this will generate a maximum of three trips. The Southeast Route serves the Broad Street, Johnson Street, and Orcutt Road areas providing connecting to downtown. Proposed Alignment. The Southwest Route will operate on the following roadways: Osos Street, Palm Street, Nipomo Street, Pismo Street, South Higuera Street, Los Osos Valley Road, Perfumo Canyon Road, Del Rio, Descanso Road, Los Osos Valley Road, Madonna Road, South Higuera Street, Marsh Street, Santa Rosa Street, Mill Street, and Osos Street. The Southeast Route will operate on the following roadways: Osos Street, Palm Street, Nipomo Street, Marsh Street, Broad Street, Orcutt Road, Johnson Street, Southwood Road, Laurel Lane, Augusta Street, Bishop Street, Johnson Street, Monterey Street, Santa Rosa Street, Mil] Street, and Osos Street. Days of Operation. During the peak periods, evening service will operate from 6:30 p.m. to 8:30 p.m. During summer months, the evening service will operate from Mondays through Thursdays 6:30 p.m. to 8:30 p.m. providing interlining service. This route will operate on a weekend schedule on the following holidays: New Year's Day, Memorial Day, Independence Day and Labor Day. This route will not operate on Christmas Day and Thanksgiving Day. Headways. The Evening Service will operate the following headways during peak period service: Headway Period Hours (mins) Mondays throush Thursdays AM Peak Midday PM Peak Evening 6:30 p.m. — 8:30 p.m. 40 The Evening Service will operate the following headways during non -peak period service: Headway Period Hours (mins) Mondays through Thursdav s AM Peak Midday PM Peak Evening 6:30 p.m. — 8 :30 p.m. 80 Vehicle Requirements. Two vehicles will be assigned to the Evening Service during peak period service from Mondays through Thursdays. One vehicle will be assigned to the Evening Service during non -peak periods. Performance Measures. Evening service must maintain a ten percent farebox ratio for the operating costs associated to evening service and/or must achieve a minimum of twelve passengers per revenue vehicle hour while maintaining a system -wide farebox ratio of twenty percent at the end of the fiscal year. Failure to achieve one or both of these standards within twelve months from implementation, staff will be directed to discontinue in accordance to the public participation policy in the Short Range Transit Plan. Trolley Proposed Change. The proposed change to the trolley service is to provide a direct link between Upper Monterey Street and the downtown. This proposed change will give the trolley service a transportation purpose by targeting tourists staying the hotels on Monterey Street desiring to visit the downtown area. Proposed Alignment. The proposed trolley service will operate on the following roadways: Monterey Street, Chorro Street, Higuera Street, Nipomo Street, Marsh Street, Osos Street, and Monterey Street. Days of Operation. The trolley will operate from Thursdays to Sundays. On Thursdays, the trolley will operate from 3:30 p.m. to 9:00 p.m. On Fridays and Saturdays, the trolley will operate from 12:00 p.m. to 9:00 p.m. On Sundays, the trolley will operate from 10:00 a.m. to 3:30 p.m. The trolley will not operate on Christmas Day and Thanksgiving Day. Headways. The trolley will operate on approximately 15 minute headways: Vehicle Requirements. Two vehicles will be assigned to the Route 5 on weekdays and one vehicle on weekends. O r� Performance Measures. The trolley service must maintain or exceed minimum of twenty percent farebox ratio for the operating costs associated to the trolley service and/or must achieve a minimum or exceed twenty four passengers per revenue vehicle hours. Failure to achieve one or both of these standards within twelve months from implementation, staff will be directed to review the service and implement necessary modifications in accordance to the public participation policy in the Short Range Transit Plan. W C7 Q x U W I� °z U z O U Q • c .o •d E� �P tai o ,O .O N •� .D C N N c7 cu C cu y y c o y N : '> tu m -pO p ZN V) W N U cn VUi Cn w Vi V q VJ 7 N N Q N N Q zL w I w I w I I y u I I I M E y n 8 o f E E o E c ° 4) c ° cl y v Z � � o � o o Y h Y cu Y n 9W Y O Y Y O Y 41 A Y O wo WM wo dg 00 do X030 3� 3� 3 o 66 00 N N d y N y N y N o e o •w' y +.� y �+ +� V d O d O d O d O _ 30 '9 cz O V cs uc. 3 0 4).45 _ m> c d 0 o V o ou N "> _. 0 o o d >> 72 F .DRS e�p H aci o yF". .a U V CL C > C N o` d `ri. ° d L co to u rOj ca O N V O O y A N O ca y N cy cC 3 °° >L d eb ° ai oo ob 3 ai a o0 3 o 6.0 o c C 60 a Ri V M�. rl L: 00 N C •CJ c1 o a 0 0 m ou •- s ._ 7 0 ° 3 ou O o ._ m> s ` o° N o y a W 7 3 o O o C •U m> s 6) [i o cL U S m a CC v x U N— e o 04 •v m U N Z N + R a �r w ` Q y y ycl 'C TS L > 72 m N > a E o E n E d M o °o a 0 ri o o cn 00 O C\ O M I �. N cq � E o f � y D E 0o Rg o a 00 o ca ° g nn � CR T c a 9 a> oo `? a> YyO Y� YOp MU o' Yy� yo �y cy ,D 3 5 366 3F w 3° F wc�c 3F 7 7 c co ci o O N •• = on E E E _> 7 C y p 8 O G =cm N N m CL n a ° E E° o a o c a Y o° c U ` a U m 0. o f ° °c a>> p •E L •E U E rs. E p U cns mw a o O b C U N O u O 3 U C .y o L oy c a •- n .o N z > 65 c° e t >s s �a U ° c E d 3 U y > > 3> p ° A c a ti' s 3° _ E y L 0`. o o °c ayi 3 M c W TL L IOO 0. C F c o o % cn g C .II -o u N 0 0 3 C L° L° :? o b b r o c e o L v Q c z cC NA F� U u ca C4v10 cs CK FL►1 >1 F.51; d C U Q C y O u y N — " c 3 0 cG d 15 > 5 o N F 7 y C p C td d s EXHIBIT B Cash Category Fare Pass Fare Regular $ 1.00 Regular $30.00 Senior/Disabled $ 0.50 Senior/Disabled $10.00 Trolley* $0.25 * No transfers and passes �.1j)'iGi'riG� Cry D /p9trwte,�li.'r.ct�,� C ' O RESOLUTION NO. 9473 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CIRCULATION ELEMENT TO RECLASSIFY SEVEN RESIDENTIAL COLLECTOR STREET SEGMENTS AS RESIDENTIAL LOCAL STREETS. WHEREAS, the Planning Commission conducted a public hearing on August 13, 2003 and recommended approval of the proposed amendment to Figure #2 map of the Circulation Element; and WHEREAS, the City Council conducted a public hearing on August 28, 2003 and has considered testimony of interested parties, the records of the Planning Commission hearing and action, and the evaluation and recommendation of staff; and WHEREAS, the City Council finds that the proposed Circulation Element Figure #2 map amendment is consistent with other policies of the General Plan; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds and determines that the project's Negative Declaration adequately addresses the potentially significant environmental impacts of the proposed project, and reflects the independent judgment of the City Council. The Council hereby adopts said Negative Declaration. SECTION 2. The Circulation Element Figure #2 is amended as shown on Exhibit A, attached. SECTION 3. The Public Works Department shall cause the Circulation Element amendment to be reflected in documents which are on display in City Hall and which are available for public use. SECTION 4. This amendment shall take effect at the expiration of 30 days following approval. Upon motion of Vice Mayor Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None R 9473 Resolution No. 9473 (2003 Series) Page 2 The foregoing resolution was adopted this 28th day of August, 2003. Mayor • F. Romero Lee Price; C.M.C. City'Clerk. APPROVED AS TO FORM: Jo . Lowell, City Attorney �`� C C C RESOLUTION NO. 9472 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A RETAIL TOBACCO LICENSE FEE WHEREAS, on August 19, 2003, the City Council of the City of San Luis Obispo adopted for first reading Ordinance No. 1440 (2003 Series) providing for the licensure of Tobacco Retailers in the City; and WHEREAS, there are forty -six (46) known tobacco retailers in the City of San Luis Obispo; and WHEREAS, the Police Department will conduct four (4) "sting" operations a year to enforce California Penal Code Section 308(a); and WHEREAS, the Police Department will expend an estimated 128 hours a year conducting enforcement activities at a cost of approximately $9,410.56 a year, as shown in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, the Finance Department will expend an estimated 46.5 hours a year administering the tobacco license fee program at a cost of approximately $2,320.40 a year as shown in Exhibit "A" attached hereto and incorporated herein; and WHEREAS, it is estimated that the cost to the City to implement the tobacco license fee program is approximately $255.00 per licensee per year. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. The Master Fee Schedule is hereby amended to include a yearly retail tobacco license fee in the amount of $255.00. SECTION 2. This Resolution shall become effective upon the effective date of Ordinance No. 1440 (2003 Series). Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: None R 9472 Resolution No. 9472 (2003 Series) Page 2 The foregoing resolution was adopted this 19'h day of August, 2003. Mayor David F. Romero / •6YYMBUO APPROVED AS TO FORM: Jo an P. Lowell City Attorney TOBACCO LICENSE FEE Exhibit A Finance Administration Costs Enforcements Annual Four Deployments Annually -- Annual Billing Billing Personnel Hours Rate Costs 1- Accounting Assistant 28.5 36.51 1,040.54 1- Supervisor 18 57.38 1,032.84 Other Operating Costs 4- stings Rate 247.02 Total 46.5. 66.37 2,320.40 Police Department.Tobacco Enforcements Four Deployments Annually -- 8 -hours per sting Annual Hours for Billing Billing Personnel Responsibility 4- stings Rate Costs 3- Police Off icars Work undercover sting 96 66.37 6,371.52 1- Police Sergeant Work undercover sting 32 94.97 3,039.04 Total 128 9,410.56 TOTAL ANNUAL ADMINISTRATIVE COST PER LICENSE: $255 ($11,731/46) J� � 0 0 �D �cfs� ��zw 10 RESOLUTION NO. 9471 (2003 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 MARY ANN O'BRIEN, PROMOTIONS COORDINATOR, FOR THE PERIOD JULY 1, 2003 THROUGH JUNE 309 2004 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, 2003 through June 30, 2004, attached hereto as Exhibit "A" and by this reference made a part hereof, 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 Mary Ann O'Brien as Promotions Coordinator for the period of July 1, 2003 through June 30, 2004, attached hereto as Exhibit `B" and by this reference made a part hereof, has been reviewed and is approved and the Mayor is authorized to execute same. On motion of Vice Mayor Mulholland, seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan and Schwartz, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: Council Member Settle The foregoing Resolution was passed and adopted this 15th day of July 2003. ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: an P. Lowell, City Attorney R9471 CONTRACT OF EMPLOYMENT THIS CONTRACT is entered into this 15th day of July, 2003, 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 "). WTTNESSETH: 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. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: Administrator for the Downtown Association (DA); specific duties and responsibilities to be established and modified from time to time by the DA Advisory Board. Employee shall perform said services under the direct supervision of DA Advisory Board. 3. Employment Status. Employee shall be a full -time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with 5% 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 with other City employees. Employee shall be granted up to 48 hours per year of administrative 2 0 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 $5,314.87 per month ($63,778.44) per year), said compensation to be paid in accordance with normal City procedures. 6. Term of Contract. This Contract shall commence on July 1, 2003 through June 30, 2004, 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. 3 r ✓ Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently found to be improper. 8. Termination of Contract for Cause. If Employee fails to perform her duties to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the obligations under this Contract, or if Employee .shall violate any of the terms of provisions of this Contract, or if Employee has a physical or mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire Agreement and Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non - Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, 4 transfer, delegation, or sublet this Contract or any interest therein without the prior written consent of City, and any such .assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. Covenant. This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that may be brought, or arise out of, in connection with or by reason of the Contract. 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13.. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects her personal interest or the interest of any corporation, partnership, or association in which she is directly or indirectly interested. 14. Convrisht. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without the prior written approval of the City. 15. Outside Employment, Conduct and Behavior. a. Employee may engage in outside activities such as part-time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts- of- interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of DA Administrator or give rise to the appearance of impropriety. E C� ,J 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first hereinabove set forth. CITY OF SAN LUIS OBISPO MAYOR EMPLOYEE: - Deborah J. Holley ATTEST: Lee Price, City Clerk APPROVED AS TO FORM fonadrA Lowell, City Attorney 6 �1 CONTRACT OF EMPLOYMENT "Exhibit B" THIS CONTRACT is entered into this 15th day of July, 2003, by and between the CITY OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City "), and MARY ANN O'BRIEN, a contract employee (hereinafter referred to as "Employee ").. WITNESSETH: 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. Employment. City hereby engages Employee and Employee hereby agrees to perform for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant to the terms and conditions herein. 2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the following services: PC for the DA; specific duties and responsibilities to be established and modified from time to time by the DA Board. Employee shall perform said services under the direct supervision of DA Administrator. 3. Employment Status. Employee shall be a full -time employee. Membership in the City PERS retirement program shall be in accordance with PERS requirements with 6 % 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 7 N be taken in a manner consistent with other City employees. The only other paid benefit is medical 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. 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 $2,875 per month ($34,500.00 per year). Effective December 31, 2003 the monthly salary will increase 3% to $2,961 ($35,535 per year) said compensation to be paid in accordance with normal City procedures 6. Term of Contract. This Contract shall commence on July 1, 2003 through June 30, 2004, unless terminated earlier as provided herein. The City Administrative Officer may terminate the contract without the need for action, approval or ratification by the City Council. 7. Termination of Contract for Convenience. Either party may terminate this Contract at any time by giving to the other party fifteen (15) days written notice of such termination, specifying the effective date of such termination. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. Employee agrees that the notice provisions of this paragraph shall limit the liability of the City in the event that a termination action taken by City pursuant to paragraph 8 is subsequently 8 found to be improper. 8. Termination of Contract for Cause. If Employee fails to perform her duties to the satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the obligations under this Contract, or if Employee shall violate any of the terms of provisions of this Contract, or if Employee has a physical or mental incapacity that precludes Employee from performing the duties, or if Employee fails to exercise good behavior in either during or outside of working hours which is of such a nature that it causes discredit to the City or impairs her ability to perform these contract duties, then the City shall have the right to terminate this Contract effective immediately upon the City's giving written notice thereof to Employee. Employee shall be paid for all work satisfactorily completed prior to the effective date of such termination. 9. Entire Agreement and Modification. This Contract constitutes the entire understanding of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or understandings, whether written or oral, between the parties. Employee shall be entitled to no other benefits than those specified herein, and Employee acknowledges that no representations, inducements or promises not contained in this Contract have been made to Employee to induce Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be effective unless in writing and signed by both parties. Employee specifically acknowledges that in entering into and executing this Contract, Employee relies solely upon the provisions contained in this Contract and no others. 10. Non - Assignment of Contract. This Contract is intended to secure the individual services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, 9 �J O transfer, delegation, or sublet this Contract or any interest therein without the prior written consent of City, and any such assignment, transfer, delegation, or sublet without the City's prior written consent shall be considered null and void. 11. Covenant. This Contract has been executed and delivered in the State of California, and the validity, enforceability and interpretation of any of the clauses of this Contract shall be determined and governed by the laws of the State of California. All duties and obligations of the parties created hereunder are performable in the City of San Luis Obispo, and such City shall be that venue for any action, or proceeding that. may be brought, or arise out of, in connection with or by reason of the Contract. 12. Nondiscrimination. There shall be no discrimination against any person employed pursuant to this contract in any manner forbidden by law. 13. Conflicts of Interest. The employee shall not participate in any decision related to this Contract which affects her personal interest or the interest of any corporation, partnership, or association in which she is directly or indirectly interested. 14. Conyri¢ht. Any reports, maps, documents or other materials produced in whole or part under this Contract shall be the property of the City and shall not be subject to an application for copyright by or on behalf of Employee, without the prior written approval of the City. 15. Outside Employment, Conduct and Behavior. a. Employee may engage in outside activities such as part-time teaching, consulting, or in other similar activities unrelated to City business only with the express prior approval of the City Administrative Officer. b. Employee shall comply with all local and state requirements regarding conflicts- of- interest and shall avoid personal involvement in situations which are inconsistent or incompatible with the position of DA PC or give rise to the appearance of impropriety. 10 O 16. Enforceability. If any terms, covenant, condition or provision of this agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated thereby. IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and year first hereinabove set forth. ATTEST: Lee Price, 'City Clerk APPROVED AS TO FORM onathan Lowell, City Attorney CITY OF SAN LUIS OBISPO W Mul U � 11 i u t acLn I -u.rl j ! 3 � a q- rl re �) i QCEd �t C�¢ !' r CQQ r rvr LL I I`ll' 0 0 RESOLUTION NO. 9470 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING FUNDING TO THIRTY -TWO AGENCIES IN THE AMOUNT OF $118,009 FOR FISCAL YEAR 2003 -04 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 2003 -04 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. Staff is directed to prepare contracts for each agency identified in "Exhibit A," and the City Administrative Officer is authorized to execute the contracts. Upon motion of Council Member Ewan, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Schwartz, Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 1st day of July, 2003. Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk R 9470 Resolution No. 9470 (2003 Series) Page 2 APPROVED AS TO FORM: Jonathan tL6 ell, City Attorney C C HUMAN RELATIONS COMMISSION 2003 -04 GRANTS -IN -AID RECOMMENDATIONS AIDS SUPPORT NETWORK 2002 -03 Grant Amount: 2003-04 Request: 2003 -04 HRC Recommendation: $ 10,000 $ 13,510 $10,000 Resolution No. 9470 Exhibit A Aids Support Network (ASN) is requesting $13,510 to expand the Positively Speaking ASN Speakers Bureau and the in -house HIV /AIDS library resources and to provide utility subsidies and facilities operational support to the 22- agency owned low- income housing units (all 22 units are located in the City of San Luis Obispo). In addition, funds will be used to help develop ASN's hepatitis C educational resources. ASN provides social services, financial support and housing for county residents affected by HIV disease. The HRC is recommending a grant of $10,000 which is consistent with the previous year and will partially fund the request. 2. AMERICAN RED CROSS 2002-03,G rant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 4,500 $ 6,000 $ 4,500 The San Luis Obispo County American Red Cross is requesting $6,000 to continue operation of basic ongoing disaster assistance services. Grant funds will support, in part: emergency relief services; replacement of fundamental personal and household items lost during disasters; strengthen the SLO City Disaster Action Team (DAT) through recruitment and training; and the purchase of supplies, materials and equipment needed for emergency response; support Armed Forces Emergency Services; support Health and Safety training in CPR, First Aid, Water Safety, Babysitting and HIV /AIDS education; and to recruit and train instructors for the above programs, and increase the number of classes and training. The HRC is recommending a grant of $4,500 which is consistent with the prior year and will partially fund the request. 3. ASSISTANCE LEAGUE OF SAN LUIS OBISPO COUNTY 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 4,500 $ 6,000 $ 6,000 The Assistance League is requesting $6,000 for Operation School Bell. Through this program new clothing is purchased, maintained at their distribution sites, and then given to children referred to them by local schools and social services agencies. Many of these children have never owned new clothing and this service appears to enhance their self -esteem. The Assistance League is the only agency in the county offering this service to grammar school children. The HRC is recommending a grant of $6,000 which represents an increase of $1500 over the prior year and will fully fund the request. 1 n 4. BIG BROTHERS/BIG SISTE, ,.i — 2002 -03 Grant Amount: $ 3,000 2003 -04 Request: $ 5,600 2003 -04 HRC Recommendation: $ 4,000 Big Brothers/Big Sisters is requesting $5,600 to staff 1.5 positions dedicated to the recruitment and orientation of Cal Poly students applying to become Big Brothers Big Sisters. Students will recruit mentors and help with monthly activities. Big Brothers Big Sisters provides one -to -one mentors for at -risk young people. This year they took over the professional components of training and case management of Cal Poly's Poly Pals program. The HRC is recommending a grant of $4,000 which represents an increase of $1,000 over the prior year and will partially fund the request. 5. CAMPFIRE COUNCIL 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 2,000 $ 2,500 $ 2,000 The Camp Fire Council is requesting $2,500 to purchase supplies, provide financial assistance and the leader's salary to supRort the two school -site Community Club Programs. These clubs focus on three age groups, K -2otl grade, 3'd — 5 grade and 60' -8th grade. The programs' desired outcome is to build caring, confident youth and future leaders through asset building activities. The HRC is recommending a grant of $2,000 which is consistent with the prior year and will partially fund the request. 6. CASA SOLANA 2002 -03 Grant Amount 2003 -04 Request 2003 -04 Recommendation $0 $ 5,000 $ 3,800 Casa Solana is requesting $5,000 to fund the cost of the 12 -Step recovery program workbooks (based on Alcoholic Anonymous) and materials that each person uses and must complete to "graduate° from Casa 1. Casa Solana is a social model residential recovery program for women addicted to alcohol and/or drugs. The HRC is recommending a grant of $3,800 which will partially fund the request. They did not apply last year but have in prior years. 7. CENTRAL COAST ASSISTIVE TECNOLOGY CENTER 2002 -03 Grant Amount 2003 -04 Request 2003 -04 Recommendation $0 $8,400 $0 CCATC is requesting $8400 to host an Abilities Fair. The funds would be used for employee salaries and overhead expenses. CCATC is an assistive technology center, which specializes in evaluations to match assistive technology to the needs of people with disabilities. The HRC is not recommending funding for this request. 8. COMMUNITY COUNSELINt:- ..ENTER (formally FAMILY SERVICES CEO., cR) 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 2,500 $ 4,500 $ 3,500 The Family Services Center is requesting $4,500 to support the operational expenses of their short term counseling and referral programs for low — moderate income individuals and families of SLO County. The funds will be expended on rent, liability insurance, and administrative staff salaries. Their programs help to build strong families and individuals through supportive, affordable, confidential counseling. The HRC is recommending a grant of $3,500 which is $1000 higher than the prior year and will partially fund the request. 9. EASTER SEALS TRI- COUNTY 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 2,500 $ 2,500 $ 2,500 Easter Seals Tn- County is requesting $2,500 for the Care and Treatment Program which provides direct financial assistance to those children and adults in the community that have a physical, sensory or developmental disability. They provide financial assistance for an unmet medical or therapeutic service, due to the lack of medical coverage. The HRC is recommending a grant of $2,500 which is consistent with the prior year and will fully fund the request. 10. EASTER SEALS- LYMPHEDEMA 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 1,000 $ 3,000 $ 1,000 Easter Seals Tn -County is requesting $3,000 to purchase a new treatment table for the Lymphedema Program which provides comprehensive treatment and follow -up care for primarily senior citizens that have severe and chronic edema. The goal is to empower people to manage their illness and to maintain the highest quality of fife. The HRC is recommending a grant of $1,000 which is consistent with the prior year and will partially fund the request. 11. EASTER SEALS — LOW VISION THERAPY SERVICES 2002 -03 Grant Amount 2003 -04 Request 2003 -04 HRC Recommendation $0 $ 7,000 $ 3,500 Easter Seals Tri- County is requesting $7,000 for non - reimbursable services (social worker, orientation and mobility instruction, Braille instruction) necessary to provide comprehensive low vision therapy services for children and adults with visual impairments. In addition, funds would be used to purchase optical devices, magnifiers and adaptive equipment for low income residents of SLO. The HRC is recommending a grant of $3,500 which will partially fund the request. This is their first request. 3 0 12. EOC HEALTH SERVICES "t „r`ITY WONDERFUL PROJECT" 2002 -03 Grant Amount: $ 2,800 2003 -04 Request: $ 3,000 2003 -04 HRC Recommendation: $ 3,000 The EOC Health Services Forty Wonderful Project is requesting $3,000 to improve access to medical services, promote early detection and intervention of chronic diseases, and reduce mortality for low- income women, age 40 and over. Early detection of life- threatening cancer is a high priority. This program is a division of the EOC and provides basic preventative health care for county citizens. The HRC is recommending a grant of $3,000 which represents a $200 increase over the prior year and will fully fund the request. 13. EOC CHILD CARE RESOURCE CONNECTION 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 4,800 $ 5,500 $ 5,500 The EOC -CCRC is requesting $5,500 to provide on —going training for individuals interested in starting up a licensed family child care home and enhancing services currently provided to children in child care. Funds will be used to purchase training materials, duplicate instructional materials for trainees, print flyers and advertising materials. The HRC is recommending a grant of $5,500 which represents a $700 increase over the prior year and will fully fund the request. 14. EOC HEALTH SERVICES "SENIOR HEALTH SCREENING" 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 3,000 $ 3,000 $ 3,000 The EOC Health Services Senior Health Screening program is requesting $3,000 to continue the promotion and maintenance of health, early detection and prevention of chronic disease for low- income seniors 50 and older. Funds will be used to support staff time, transportation costs and program supplies such as medical equipment and supplies, copying and mailing of calendars, and the printing and distribution of brochures. The HRC is recommending a grant of $3,000 which is consistent with the prior year and will fully fund the request. 15. GATEHELP INC/ GRYPHON PLACE 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 750 $ 3,000 $ 1,000 The Gatehelp Inc/ Gryphon Place is requesting $3,000 to supplement the rental payment male residents are able to make to support the operation. The funds will support lease payments and food for residents. Gatehelp, Inc. is a self - help support group for men and women recently released from prison with the objective of supporting sobriety and reintegration into the larger community. The HRC is recommending a grant of $1,000 which is an increase of $250 over the prior year and will partially fund the request. F. 16. GAY AND LESBIAN ALLIAN,__ OF THE CENTRAL COAST (GALA) o 2002 -03 Grant Amount: $ 0 2003 -04 Request: $ 3084 2003-04 HRC Recommendation: $ 3084 GALA is requesting $3084 to assist in developing a Youth Project to create a safe environment for social interaction among Lesbian, Gay, Bisexual, Transgendered and Questioning youth of our community. Funds will be used for food, transportation and advertising. This need was identified in a survey that demonstrated Civil Rights /Advocacy was a serious issue and that youth services was the service with the highest need. The HRC is recommending a grant of $3084 which will fully fund the request. This is the first year they have received funding. 17. HEALTHWORKS (formally Project Hope) 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 1,000 $ 6,000 $0 HealthWorks is requesting $6,000 to fund Health Works TV, a partnership between Charter Communications Cable, the SLO County Public Health Department and Project HOPE, to provide regularly scheduled health education programming to the residents of the Central Coast. The videos will cover a variety of medical and psychosocial topics for viewers of all ages. They are seeking funds to cover production and operation costs. The HRC is not recommending a grant. 18. HOSPICE OF SAN LUIS OBISPO COUNTY 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 5,000 $ 8,360 $ 6,000 Hospice is requesting a grant of $8,360 to fund the Raising Hope Hospice Project, which will provide grief education classes and workshops for the teachers and parents of pre - school children in preschool programs for at risk and low income families. Hospice offers end -of -fife support to those with fife- threatening illnesses, individuals and families grieving the loss of a loved one. The HRC is recommending a grant of $6,000 which represents an increase of $1000 over the prior year and will partially fund the request. 19. LIFESPAN SERVICES NETWORK - ADCARE, INC. 2002 -03 Grant Amount: 2003 -04 Request: 2003.04 HRC Recommendation: $ 3,000 $ 5,400 $ 4,000 ADCare, Inc. is requesting $5,400 to enhance the operations of the ADCare Center in San Luis Obispo and to support expanded hours of service. The funds will be designated as a local match for leveraging State and Federal funds (a portion of which may be in jeopardy). Specifically, the funds will be used to cover a portion of the costs of day care services for low- income clients who do not meet the eligibility requirements for other funds and for educational resource materials for us be staff, volunteers and family caregivers regarding chronic disease processes and dementia. The HRC is recommending a grant of $4,000 which represents an increase of $1,000 over the prior year and will partially fund the request. THIS GRANT WILL NOT BE FUNDED UNTIL THE PROGRAM IS STABALIZED. 5 20. LIFESPAN SERVICES NE-R. jRK - CARING CALLERS 2002 -03 Grant Amount: $ 1,700 2003 -04 Request: $ 2,225 2003 -04 HRC Recommendation: $ 1,700 Caring Callers is requesting $2,225 to supplement the operating expenses of the Caring Callers Program with such expenses as rent, postage, worker's compensation and training materials. Funding also serves as a local match for Federal and State funds. Caring Callers is an in -home visiting program serving seniors who are frail and homebound. The HRC is recommending a grant of $1,700 which is consistent with the prior year and will partially fund the request. 21. LIFESPAN SERVICES NETWORK - RETIRED SENIOR VOLUNTEER PROGRAM (RSVP) 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 1,800 $ 2,225 $ 1,800 The Retired Senior Volunteer Program (RSVP) recruits and places persons over 55 years of age in volunteer positions within nonprofit and public agencies. RSVP is requesting a grant of $2,225 to continue its current level of support to the community as well as assist the program in meeting the local funding match for Federal funds. The HRC is recommending a grant of $1,800 which is consistent with the prior year and will partially fund the request. 22. LIFESPAN SERVICES NETWORK - SENIOR PEER COUNSELING 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 2,200 $ 3,000 $ 2,200 Senior Peer Counseling is requesting $3,000 to train seniors as volunteer counselors to provide free mental and emotional health services to seniors in the privacy of their own homes. Specifically, the funds will be used to support the extensive 10 -week, 60 -hour training program for volunteers with additional follow -up and assist with the operation of the program by contributing to a portion of operating expenses, staff training and travel. The HRC is recommending a grant of $2,200 which is consistent with the prior year and will partially fund the request. 23. SAN LUIS OBISPO LITERACY COUNCIL - ENGLISH AS A SECONDARY LANGUAGE 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 4,400 $ 6,000 $ 5,400 The San Luis Obispo Literacy Council is requesting $6,000 to: continue, expand and enhance literacy services at their three City of SLO Learning Centers; continue the referral system for literacy clients at the Prado Day Center on a referral basis and develop new programs as opportunities present themselves. The HRC is recommending a grant of $5,400 which represents an increase of $1,000 over the prior year and will partially fund the request. 0 24. LONGTERM CARE OMBUD.mAN SERVICES -� 2002 -03 Grant Amount: $ 3,150 2003 -04 Request: $ 3,500 2003 -04 HRC Recommendation: $ 3,500 Longterm Care Ombudsman Services is requesting $3,500 to continue to provide timely responses to service requests to facility residents and to provide those residents with additional services required by unfunded State and Federal mandates and to expand current services and allow for staff time to develop new programs. Long Term Care Ombudsman Services is authorized by the State and Federal government to be the primary agency in SLO County to provide complaint investigations and resolutions in long term care facilities. The HRC is recommending a grant of $3,500 which represents an increase of $350 over the prior year and will fully fund the request. 25. SLO LEGAL ALTERNATIVES CORP - SENIOR LEGAL SERVICES 2002 -03 Grant Amount: 2003 -04 Request 2003 -04 HRC Recommendation: $ 1,300 $ 1,300 $ 1,300 SLO Legal Alternatives (SLOLAC) is requesting $1,300 to continue with the provision of free legal services to low and moderate income seniors. The funds will serve as a local match for funds contributed by the Area Agency on Aging and will enable Senior Legal Services to provide outreach appointments at senior centers throughout the County, telephone advice and referral, office consultations and public presentations. The HRC is recommending a grant of $1,300 which is consistent with the prior year and will fully fund the request. 26. SENIOR NUTRITION PROGRAM OF SAN LUIS OBISPO COUNTY 2002 -03 Grant Amount: 2003 -04 Request- 2003-04 HRC Recommendation: $ 3,000 $ 3,250 $ 3,000 Senior Nutrition Program is requesting $3,250 for on -going operational expenses associated with the provision of nutritious noon meals to senior citizens of San Luis Obispo. Funding will be used to help provide nutritious meals to senior citizens in the City of San Luis Obispo at the Anderson Hotel and delivery to the frail homebound seniors throughout the city. The HRC is recommending a grant of $3,000 which is consistent with the prior year and will partially fund the request. 27. SEXUAL ASSAULT RECOVERY AND PREVENTION (SARP) 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 6,000 $ 6,000 $ 6,000 SARP is requesting $6,000 to support general operational expenses necessary to provide crisis intervention counseling and in- person counseling to survivors of sexual assault. Funding will be used for counseling materials, answering services, pager, telephone, and utility expenses, bookkeeping and audit services, office supplies, rent and utility expenses. The HRC is recommending a grant of $ 6,000 which is consistent with the prior year and will fully fund the request. Il 28. SLO CHILD DEVELOPMEN', - ..ENTER 2002 -03 Grant Amount: $ 9,500 2003 -04 Request: $ 12,000 2003 -04 HRC Recommendation: $ 9,500 The San Luis Obispo Child Development Center is requesting $12,000 for: 11 -hour day therapeutic child care /child development programs for children with special mental health and behavioral difficulties due to trauma; parent education and support programs; family counseling and treatment; specialized play therapy treatment; family activities and events; child nutrition and nutrition education; and collaborative partnerships with school services, other social services and health service providers. The HRC is recommending a grant of $9,500 which is consistent with the prior year and will partially fund the request. 29. SLO COUNTY CHILD ABUSE PREVENTION COUNCIL (slo -cap) 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $ 0 $ 1,500 $ 1,500 SLO -CAP is requesting $1500 to continue uninterrupted service delivery of the Baby Think It Over program (BTIO) for students attending schools and community programs located in the City of SLO. BTIO is an educational outreach . program that serves high school/at -risk teens. The program has experienced a decrease in state funding. The HRC is recommending a grant of $1500 which will fully fund the request. This is the first time SLO -CAP has applied for funds. 30. TRANSITIONS — YOUTH TREATMENT PROGRAM 2002 -03 Grant Amount: 2003 -04 Request: 2003 -04 HRC Recommendation: $0 $ 5,000 $0 Transitions is requesting $5000 to continue the renovation and restoration of the home that has housed this program for over 10 years. The program is designed to provide affordable housing, employment, case management and life skills support to mentally ill adults, at -risk youth and homeless adults. The HRC does not recommend funding the request. 31. TRANSITIONS — GROWING GROUNDS 2002 -03 Grant Amount: 2003-04 Request: 2003-04 HRC Recommendation: $ 4,000 $ 4,725 $ 4,725 Transitions - Mental Health is requesting $4,725 to increase the numbers of residents served by increasing the amount of paid shifts available for mentally ill adults in the Growing Grounds businesses. This program, established in 1984, was designed exclusively to employ people with mental illness. The HRC is recommending a grant of $4,725 which is an increase of $725 over the prior year and will fully fund the request. A 32. WOMEN'S SHELTER PROG. ,M 2002 -03 Grant Amount: $11,000 2003 -04 Request: $12,500 2003 -04 HRC Recommendation: $11,000 Women's Shelter Program (WSP) provides emergency shelter for women and children who are victims of domestic violence. WSP is requesting $12,500 to assist with the basic cost of running their programs which either prevent homelessness or assist victims in establishing new violence -free lives. Funds will be used to assist with office expenses that in turn support emergency shelter, legal assistance and counseling services and, indirectly, serve as matching funds for State and Federal grants. The HRC is recommending a grant of $11,000 which is consistent with the prior year and will partially fund the request. G:H RC /G IA200304SUMMARIES 01 � o �� RESOLUTION NO. 9469 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING FUNDING TO FORTY -TWO AGENCIES IN THE AMOUNT OF $1019340 FOR FISCAL YEAR 2003 -04 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 2003 -05 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 Vice Mayor Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, and Mayor Dave Romero NOES: None ABSENT: None Schwartz and Settle; Vice Mayor Mulholland The foregoing resolution was adopted this I" day of July 2003. Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk IC •' • • o Resolution No. 9469 (2003 Series) Page 2 APPROVED AS TO FORM: Jona6afff. Lowell, City Attorney Promotional Coordinating Con :tee 2003 - 2004 Grants in Aid Summary Liaison Organization 2002 -03 Grant 2003 -04 Request 2003 -04 Recommend 1 2 Cal Poly Open House _ 1 $0.00 Cal Poly State University Foundation ; $2,000.00 $6,000.00 $1,500.00 I $4,500.00 4� $2,000.00 3 !Central Coast Children's Choir $0.00 $2,500.00 $1,500.00 4 5 Central Coast Shakespeare Festival $3,000.00 Childrens' Creative Project $0.00 $7,000.00 $3,000.00 $10,000.00 $4,200.00 6 City to Sea Mini Marathon $2,000.00 $2,000.00 $2,000.00 7 Civic Ballet of San Luis Obispo $5,500.00 $3,000.00 $3,000.00 8 lCommunity Counseling Center $2,500.00 $5,000.00 ! $1,500.00 9 ( Cuesta College Art Gallery $2,150.00 $2,000.00 $2,000.00 10 Cuesta College Community Programs, Cuesta Guitar Circle $0.00 $4,000.00 $3,000.00 11 lCuesta College Writers Conference +—$2,200.00 $2,500.00 $2,500.00 12 I Friends of San Luis Obispo Botanical Garden $3,500.00 $4,000.00 $6,000.00 i 13 Gold Coast Chorus $1,500.00 $2,155.00 $1,500.00 14 KCBX, Inc. i $3,000.00 $4,000.00 $3,500.00 15 LifeSpan Services Network, Inc. $1,450.00 $1,450.00 $1,000.00 16 Mardi Gras of San Luis Obispo $0.00 $9,000.00 $4,500.00 17 1Music and the Arts for Youth (MAY) $2,000.00 $3,500.00 $2,000.00 1a Pacific Horizon Chapter of Sweet Adelines, International $0.00 $1,250.00 $1,100.00 19 Pacific Repertory Opera $3,550.00 $5,700.00 $3,500.00 20 (Peninsula Players, Inc. $2,100.00 $4,560.00 1 $2,000.00 21 San Luis Obispo Art Center $3,000.00 $3,000.00 $3,000.00 22 ISan Luis Obispo Blues Society i $1,975.00 $1,950.00 $1,950.00 23 San Luis Obispo Community Concert Association $2,300.00 $3,000.00 # $1,950.00 24 San Luis Obispo County Arts Council $3,000.00 $4,000.00 $2,000.00 25 San Luis Obispo County Band $1,725.00 $1,800.00 { $1,800.00 26 San Luis Obispo County Bicycle Coalition $2,100.00 $6,000.00 $1,000.00 27 San Luis Obispo County Child Abuse Prevention Council $0.00 $2,000.00 I $1,000.00 28 San Luis Obispo County Historical Society $1,500.00 $2,055.00 $2,055.00 29 ISan Luis Obispo County Youth Symphony $2,000.00 $3,000.00 $2,000.00 30 ISan Luis Obispo Downtown Association ; $3,000.00 $6,000.00 $6,000.00 31 1 San Luis Obispo Little Theatre $3,000.00 $3,000.00 $3,000.00 32 ISan Luis Obispo Mozart Festival $5,000.00 $6,000.00 $4,500.00 33 1San Luis Obispo Poetry Festival j $2,000.00 $3,000.00 $2,000.00 34 San Luis Obispo Soccer Club (c /o The Alamos) $1,000.00 $1,500.00 $1,000.00 35 ISan Luis Obispo Swim Club Seahawks $2,000.00 $4,500.00 $1,100.00 36 ISan Luis Obispo Symphony j $4,000.00 $4,500.00 $4,000.00 37 San Luis Obispo Vintners & Growers (Association ( $4,000.00 '• $6,000.00 $ $5,000.00 38 ISan Luis Obispo Vocal Arts Ensemble I $0.00 $2,000.00 i $0.00 39 ISLO - 4 - Pups s $0.00 $878.58 $0.00 40 IThe Monday Club of San Luis Obispo $0.00 $940.00 $500.00 41 ITransitions - Mental Health Association $1,300.00 $1,450.00 $1,450.00 42 Variable Velocity Performance Group $0.00 $3,000.00 $1,000.00 43 Vinyl Record Day $0.00 $2,500.00 $1,250.00 44 Women's Community Center of San Luis Obispo County $1,000.00 [ $1,000.00 $1,000.00 TOTAL $159,188.58 $97,855.00 _ Total Available $101,300.00 Reserve $3,445.00 it RESOLUTION NO. 9468 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE BYLAWS FOR THE CULTURAL HERITAGE COMMITTEE WHEREAS, the City's Advisory Body Handbook requires the bylaws of every advisory body to be reviewed by May 1' of each odd numbered year; and WHEREAS, the Cultural Heritage Committee reviewed their bylaws on April 28, 2003 and is recommending Council approval of proposed changes; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Cultural Heritage Committee's bylaws are amended as contained in Exhibit A. Upon motion of Vice Mayor Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, and Mayor Romero NOES: None ABSENT: None Schwartz and Settle, Vice Mayor Mulholland The foregoing resolution was adopted this 1st day of July, 2003. David F. Romero, Mayor ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jo P. Lowell, City Attorney R 9468 N Exhibit A Cultural Heritage Committee Bylaws Amended by Resolution No. 9468 (2003 Series) Article 1. Purpose The Cultural Heritage Committee promotes the preservation of architectural, archaeological, historical and cultural resources in San Luis Obispo, by: a. Helping the public pursue cultural resource preservation projects. b. Sponsoring educational programs and research, which improves our understanding of the community's history and archaeology. c. On request, commenting on the effects of public and private actions on community cultural resources. d. Helping with the administration of City- sponsored benefit programs. Article 2. Compliance with Other Requirements The functioning of the Cultural Heritage Committee and all of its actions and decisions shall be in compliance with the provisions of the Advisory Body Handbook and with the provisions of City Resolution 6593 (1989 Series). Article 3. Membership A. The CHC will have seven members appointed by the City Council. If possible, membership of the committee should include a person knowledgeable in local history, a person with training or experience in structural rehabilitation, a person knowledgeable on local archaeology, and a person with knowledge of architecture. B. If possible, the committee should include one resident from each of the three Historical Preservation Districts created by Ordinance No. 1086 but the Council is not limited to this district residency requirement when making appointments. Article 4. Terms of Appointment A.. Members shall be appointed by the City Council for four -year terms and may be reappointed for not more than two consecutive full terms totaling eight years. Article 5. Officers A. A Chairperson and Vice - Chairperson shall be elected by the committee at its first meeting in April for one -year terms. No person may serve in the office of Chairperson or Vice - Chairperson for more than two consecutive terms. 0 0 B. The Chairperson shall preside over all committee meetings, vote on all matters, appoint all subcommittees, call special meetings, and submit an annual report and budget to the committee for approval and presentation to the City Council. C. The Vice - Chairperson shall serve in the absence or incapacity of the Chairperson and perform such other duties as requested by the Chair. Article 6. Meetings A. The committee shall hold a regular meeting each month. All meetings shall be open to the public. Regular meetings shall be held at 5:30 p.m. on the fourth Monday of each month in the City Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California. B. A quorum shall consist of a majority of the seated members. C. All action of the committee shall be decided by a majority vote or consensus of the quorum directed through the Chairperson. D. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. E. The Chairperson or any three members of the committee may call a special meeting, provided that all public notice requirements are met. F. All committee meetings shall be conducted according to City practices, customs, policies, and Robert's Rules of Order, Newly Revised. G. All members present must vote, except when a member declares a conflict of interest. Any member declaring a conflict of interest shall not vote or participate in any related deliberations or action of the committee. Article 7. Absences and Resignations A. If a member fails to attend three consecutive regular meetings or a total of six regular meetings within any 12 months, the member shall automatically be considered for replacement. The Chairperson of the committee shall inform the Council of such a situation and explain any special circumstances. B. Committee members are responsible for notifying the Chairperson or the Secretary in advance when an absence is anticipated. C. If a member needs to resign from the committee, the member shall immediately direct a letter to the City Council with copies forwarded to the committee Chairperson and City Clerk. Article 8. Subcommittees A. Subcommittees shall be appointed, as needed, by the Chairperson. Subcommittees may include non - committee members who shall have no voting power. Article 9. Amendments Bylaw amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the committee, provided that such amendments shall have been discussed by the Committee on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments at least 10 days prior to the first meeting. Lt/ � a tivf�Lp� D �vr W `" C N RESOLUTION NO. 9467 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE BYLAWS FOR THE PLANNING COMMISSION WHEREAS, the City's Advisory Body Handbook requires the bylaws of every advisory body to be reviewed by May l' of each odd numbered year; and WHEREAS, the Planning Commission reviewed their bylaws on April 23, 2003 and is recommending Council approval of changes necessary to reflect current Commission procedures consistent with State law and City policy; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Planning Commission's bylaws are amended as contained in Exhibit A. Upon motion of Vice Mayor Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 1st day of July, 2003. ATTEST: ( ' / ) / / Lee Price, City Clerk APPROVED AS TO FORM: Jona . Lowell, City Attorney David F. Romero, Mayor IC well. Exhibit A C Planning Commission Bylaws Amended by Resolution No. 9467 (2003 Series) I. Meetings A. Regular meetings shall be held at 7:00 p.m. on the second and fourth Wednesday of each month. B. No agenda item shall be introduced after 11:00 p.m. without the consent of a majority of commissioners present. C. Regular meetings shall be held in the City Council Chambers, City Hall, 990 Palm Street, San Luis Obispo, California. D. In the event the Planning Commission desires to hold all or any portion of a regular meeting at a place other than the City Hall, then the place of such meeting shall be posted on the bulletin board located at the entrance to City Council Chambers prior to the time herein designated for such regular meetings. II. Election of Officers A. The Commission shall select a Chairperson and Vice - Chairperson from among its members to serve for a one year term beginning April 1St of each year. B. Commissioners shall serve as Chairperson or Vice - Chairperson at the discretion of the Commission. C. The Chairperson shall preside at all meetings of the Commission. The Vice - Chairperson is Chairperson in the absence of the Chairperson or in case of inability of the Chairperson to act. D. No person shall serve as Chairperson or Vice- Chairperson for more than two consecutive terms. 111. Conduct of Meetings A. Commissioners should address questions through the Chairperson. B. Members of the audience should address commissioners or other persons present through the Chairperson. C. Procedure for reviewing public hearing items: n After roll call the Chairperson shall announce to the public the procedures to be followed to consider the public hearing items and then proceed as follows: 1. The Chairperson shall introduce the items and ask for oral staff reports. 2. The staff report precisely submitted to the Planning Commission shall be placed into the record with all communications received regarding the proposal. Staff reports shall be submitted for all public hearing items in a form acceptable to the commission. 3. The applicant shall be invited to make a presentation on behalf of the request. 4. Members of the public wishing to speak in favor or in opposition of the application shall be invited to make a presentation. 5. The applicant shall have the opportunity at the end of the public hearing to address comments made by the public and address any further commission questions. 6. The public hearing shall be closed to the public and discussion confined to members of the commission; provided that the commission may reopen the public hearing at any time prior to a decision on an item on an affirmative vote of the majority of those members present. 7. The commission, upon formal motion, shall take action to dispose of the proposal. The Chairperson shall announce the vote and thereafter, inform the applicant and public of the right of appeal and procedures for filing such appeal. IV. Quorum A. Four members of the Planning Commission constitute a quorum for transacting business, but a lesser number may adjourn from time to time and continue the consideration of pending business. B. A quorum shall be required whenever the commission transacts business. V. Voting A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. C) N B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion, resolution or other action. C. Except as allowed under the Political Reform Action of 1974, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. D. All members, when present, must vote except when abstaining due to a declared conflict of interest. E. Failure or refusal to vote when present - except for a declared conflict of interest — shall be counted as an affirmative vote. VI. Public Records Records of all public hearings shall be made available to the public in the office of the Community Development Department. VII. Attendance A. Any member of the Planning Commission who fails, for any reason, to attend three (3) consecutive regular meetings, or a total of six (6) regular meetings within any 12 -month period, shall be automatically considered by the City Council for replacement. The chairperson of the Planning Commission shall inform the Council of such a situation, explaining any special circumstances. B. Any member of the Planning Commission who fails, for any reason, to attend three (3) consecutive regular, adjourned regular, or specially - scheduled (excluding Commission site visits) meetings, or a total of six (6) such commission meetings within any 12 -month period, shall be reviewed by the Chairperson for possible referral to the City Council. VIII. Policy All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered the official policy of the Planning Commission subject to ratification of the City Council. UJ/u�a.Pn�tid o -�� _ O O RESOLUTION NO. 9466 (2003 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS LIENS AGAINST THE PROPERTIES WHEREAS, Section 8.40.070 of the San Luis Obispo Municipal Code establishes that all developed properties in the City must use the solid waste collection and disposal service provided by the City's franchisee, that the franchisee is responsible for collecting fees for the service, and that owners of developed properties are responsible for paying for the service; and WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once each year, the franchisee may take actions to collect fees from the owners of developed properties involved in delinquent solid waste collection and disposal accounts; and WHEREAS, The franchisee, San Luis Garbage Company, has taken the actions required within the Municipal Code to collect fees from delinquent accounts as certified by franchisee and incorporated herein. BE IT RESOLVED that the City Council of San Luis Obispo hereby authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts as established and certified by the franchisee San Luis Garbage Company as liens against the developed properties listed below. �. • . C Resolution No. 9466 (2003 Series) Page 2 Property -Owner , arceLNum er _ Amount Cecilia S. &Chi SU Kim 1004- 341 -031 _ $146.76 Charles C. Snyder 003 - 645 -010 $209.59 David S. & Terry L. Selstad 053 - 245 -052 $439.05 Duncan Osborne 1003- 736 -016 $97.30 Estate of Robert Fowler 1001-141-001 $230.87 Gary Cully ,053- 245 -001 $460.83 Georgina G. Walters 053- 300 -020 $126.02 Heirs of Andrew Henry , & % Gwen Henry 1001- 213 -007 j $70.35 John A. Roffoni 1002- 423.040 i $3,126.08 Justin S. Bradbury 1052- 351 -002 $383.28 Kevin J. W hite 004 -441 -010 $171.35 Leslie A. Taylor 1003- 541 -018 3 _ $338.96_ Mark W. Hannah X003 721 -042 $201.38 Mark W. Hannah 003- 721 -042 $210.52 Michael S. Richardson {001 -102 -010 $313.18 Ray & Brook Soto 1053- 262 -076 _,_._.__.____.__ t� L ____._ 3� — $127.48 Sharon L. Moores =003- 782 -007 $399.57 Skene Moody 1003- 687 -071 $526.64 Steven P. Carrol 002 - 431 -003 ( $1,463.04 Tanya Kiani 001-191-016 _ i $212.74 -Wayne S. Estrada 002 - 503 -003 [ $166.70 (7'1 o Resolution No. 9466 (2003 Series) Page 3 Upon motion of Vice Mayor Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None. ABSENT: None The foregoing resolution was adopted this ls` day of July 2003 a r Mayor D. • F. Romero Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: �� Jona P. Lowell, City Attorney I �I RESOLUTION NO. 9465 (2003 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE.2003 -05 FINANCIAL PLAN AND 2003 -04 BUDGET WHEREAS, the City Administrative Officer has submitted the 2003 -05 Financial Plan to Council for their review and consideration in accordance with budget policies and objectives established by the Council; and WHEREAS, the 2003 -05 Financial Plan is based upon extensive public comment and direction of the Council after scheduled budget study sessions and public hearings. NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo that the 2003 -05 Financial Plan is hereby approved and that the operating, debt service and capital improvement plan budget for the fiscal year beginning July 1, 2003 and ending June 30, 2004 is hereby adopted. On motion of Vice Mayor Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOTE: None ABSENT: None The foregoing Resolution was passed and adopted this 17a' day of June 2003. Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk I_\»;Z 1TJ:I JoJo a . Lowell, City Attorney .. . �� iA.;1��,ti O 0 C C RESOLUTION NO. 9464 (2003 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING INTEGRATED SOLID WASTE RATES WHEREAS, on June 21, 1994, the City Council of the City of San Luis Obispo approved the Rate Setting and Methodology Manual for Integrated Solid Waste Management Rates; and WHEREAS, the City is increasing the franchise fee paid by San Luis Garbage Company from 6 % to 10 %; WHEREAS, per the Rate Setting Manual and Methodology Manual for Integrated Solid Waste Management Rates, the cost associated with the franchise fee increase is a pass through cost charged to the solid waste rate base. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 9406 (2003 series) is hereby rescinded on midnight, July 31, .2003. SECTION 2. The rates set forth in Exhibit A shall be effective August 1, 2003. On motion of Council Member Schwartz, seconded by Vice Mayor Mulholland, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing Resolution was adopted on this 17"' day of June 2003.. Mayor David F. Romero ATTES Lee Price. C.M.C. City Clerk APPROVED AS TO FORM: Jon_ an R Lowell, City Attorney R 9464 V:l CITY OF SAN LUIS OBISPO (7 ,) 4.44 % AVERAGE ACROSS THE BOARD INCREASE FOR INTEGRATED SOLID WASTE ACTIVITIES EFFECTIVE 8 -1 -2003 MULTI -UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH) Size of container COLLECTIONS PER WEEK (cubic yards) 1 2 3 4 5 6 7 1 $74.59 $108.63 $142.64 $176.67 $210.69 $244.69 $278.72 1.5 $86.37 $133.47 $180.58 $227.68 $274.80 $321.89 $369.02 2 $98.14 $157.03 $215.91 $274.79 $333.68 $392.54 $451.42 3 $121.68 $204.14 $286.57 $369.02 $451.45 $533.89 $616.33 4 $145.24 $252.55 $359.87 $467.17 $574.48 $681.81 $789.13 6 $192.33 $348.06 1 $503.801 $659.521 $815.27 $970.99 $1,126.73 The rates shown above include the monthly container rental fee and are the same for bins and garwoods, when volume is identical. COMMERCIAL GARBAGE CANS (PER MONTH) number of COLLECTIONS PER WEEK cans 1 2 3 4 5 6 7 1 $18.33 $28.781 $39.25 $49.71 $60.17 $70.63 $81.09 2 $23.55 $36.65 $49.73 $62.81 $75.91 $88.99 $102.07 3 $28.79 $44.52 $60.21 $75.94 $91.64 $107.35 $123.66 4 $34.04 $52.36 $70.67 $89.00 $107.33 $125.65 $143.97 5 $39.27 $60.20 $81.14 $102.07 $123.02 $143.95 $164.89 6 $44.52 $68.05 $91.60 $115.16 $138.69 $162.26 $185.80 7 $49.74 $75.93 $102.08 $128.26 $154.44 $180.61 $206.78 8 $54.99 $83.78 $112.58 $141.37 $170.18 $198.98 $227.77 9 $60.21 $91.63 $123.64 $154.45 $185.85 $217.26 $248.68 Maximum volume and weight per garbage can: 35 gallons and 80 pounds Additional charge per can per collection: Optional Waste Wheeler rental if requested $0.00 Per month for 32 gallon & 64 gallon size Sunday service $45.81 per month in addition to garbage service monthly cost Proposed Rate Schedule for Integrated Solid Waste Services effective 8 -1 -2003 Exhibit A CITY OF SAN LUIS OBISPO COMMERCIAL WASTE WHEELER CONTAINERS (PER MONTH) number of COLLECTIONS PER WEEK containers 1 2 3 4 5 6 7 1 $32.661 $52.29 $71.93 $91.56 $111.21 $130.83 $150.48 2 $53.55 $82.31 $111.10 $139.89 $168.67 $197.45 $226.25 3 $74.42 $112.36 $150.31 $188.25 $226.21 $264.14 $302.09 4 $95.29 $142.39 $189.52 $236.61 $283.73 $330.82 $377.95 5 $116.17 $172.45 $228.71 $284.99 $341.26 $397.52 $453.79 6 $137.05 $202.49 $267.92 $333.34 $398.77 $46413 $529.64 7 $157.94 $232.53 $307.12 $381.72 $456.31 $530.90 $605.49 8 $178.81 $262.57 $346.321 $430.07 $513.83 $597.58 $681.34 9 $1 q9.701 $292.60 $385.511 $478.41 $571.32 $664.21 $757.11 COMMERCIAL,DUMPSTER CONTAINERS (PER MONTH) Size of container COLLECTIONS PER WEEK (cubic yards) 1 2 3 4 5 6 7 1 $65.43 $91.60 $117.78 $143.95 $170.10 $196.29 $222.47 1.5 $73.28 $107.29 $141.31 $17514 $209.36 $243.39 $277.41 2 $81.13 $121.69 $162.28 $202.84 $243.42, $283.98 $324.55 3 $96.83 $153.09 $209.36 $265.63 $321.89 $378.17 4 $112.52 $185.81 $259.07 $332.37 $405.64 $478.92 6 $143.92 $247.31 $350.70 $454.09 $557.48 $660.86 N$434.444 8 $175.31 $308.81 $442.28 $575.78 $709.26 $842.75 The rates shown above include the monthly container rental fee and are the same for bins and garwoods, when volume is identical. Sunday service 1 $45.81 per month in addition to garbage service monthly cost UNSCHEDULED EXTRA COLLECTIONS FOR COMMERCIAL CUSTOMERS AND MULTI -UNIT RESIDENTIAL DUMPSTER CUSTOMERS $30.11 1 cubic yard (minimum charge) $39.26 2 cubic yards $48.42 3 cubic yards $57.58 4 cubic yards Proposed Rate Schedule for Integrated Solid Waste Services effective 8 -1 -2003 Exhibit A CITY OF SAN LUIS OBISPO OExhibit A SINGLE FAMILY and MULTI -UNIT RESIDENTIAL (4 units or less) VOLUME -BASED RATES MINI -CAN SERVICE $6.46 per month for one 19 gallon wastewheeler container collected once each week ECONOMY RATE $1034 per month for one 32 gallon wastewheeler container collected once each "week STANDARD RATE $20.68 per month for one 64 gallon wastewheeler container collected once each week PREMIUM RATE $31.02 per month for one 96 gallon wastewheeler container collected once each week PREMIUM PLUS RATE $9.42 per month for additional 32 gallon wastewheeler container collected once each week $18.84 per month for additional 64 gallon wastewheeler container collected once each week $28.26 per month for additional 96 gallon wastewheeler container collected once each week SERVICE AWAY FROM THE STREET CURB $7.05 additional per month per can or container LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (phone call required) $10.48 per trip plus charges identified above for any extra containers or equivalent volume $5.17 1 additional charge per 33 gallon can or equivalent volume per collection EXTRA COLLECTIONS WITH PICKUP OR FLATBED TRUCK 15.72 $5.17 per garbage can or equivalent volume (amounts over six cans by quotation) $3.92 per white good article (once a month,residential customers only) $3.92 per piece of furniture (residential customers only) $3.92 per mattress orboxspring (residential customers only) Proposed Rate Schedule for Integrated Solid Waste Services effective 8 -1 -2003 CITY OF SAN LUIS OBISPO RATE SCHEDULE FOR COMMERCIAL RECYCLING ACTIVITIES BASE CHARGE FOR COMMERCIAL RECYCLING All commercial customers will pay $3.00 per month for commercial recycling services. This charge includes all recycling services except collection of cardboard in excess of two yards once a week. This base charge has already been added to the garbage rates. CARDBOARD COLLECTION COMMERCIAL.DUMPSTER CONTAINERS (PER MONTH) Size of container COLLECTIONS PER WEEK (cubic yards) 1 2 3 4 5 6 7 1 INCLUDED V2.901 $29.44 $35.99 .$42.53 $49.081 $55.61 1.5 INCLUDED $26.82 $35.32 $43.82 $52.33 $60.841 $69.36 2 INCLUDED $30.42 $40.56 $50.72 $60.85 $70.99 $81.14 3 $24.21 $38.28 $52.33 $66.41 $80.48 $94.55 $108.61 4 $28.14 $46.47 $64.77 $83.09 $101.40 $119.74 $138.05 6 $35.98 $61.83 $87.68 $113.53 $139.39 $165.21 $191.07 8 $43.82 $77.19 $110.591 $143.951 $177.32 $210.70 $244.06 I he rates shown above include the monthly container rental fee and are the same for bins and garwoods, when volume is identical. WHITE OFFICE PAPER COLLECTION White office paper can be commingled with other recycling in your blue waste wheeler. In office collection of white /colored paper is available at $44.28 per hour POLYSTYRENE COLLECTION Polystyrene is no longer collected for recycling. It should be thrown away as trash. Proposed Rate Schedule for Integrated Solid Waste Services effective 8 -1 -2003 Exhibit A RESOLUTION NO. 9463 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY'S MASTER FEE SCHEDULE AND SETTING SEWER SERVICE RATES WHEREAS, it is the policy of the City of San Luis Obispo to review General Fund service charges on an ongoing basis and to adjust them as required to ensure that they remain adequate to achieve adopted cost recovery goals; and WHEREAS, in accordance with this policy the Council adopted Resolution No. 9130 on November 21, 2000 updating the City's master fee schedule; and WHEREAS, it is also the City's policy to review enterprise fund rates on an annual basis to ensure that they remain adequate to achieve adopted cost recovery goals, which in the case of the Sewer Fund is to set fees and rates at levels that will fully cover the total costs — including operations, capital outlay and debt service —of providing sewer services; and WHEREAS, as part of the 2003 -05 Financial Plan process, the Council considered amendments to the master fee schedule and monthly sewer service rates at several public budget workshops and hearings, based on detailed analyses of funding requirements to meet cost recovery goals. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that City service charges and rates are hereby amended as set forth in the Exhibits attached hereto: (A) Planning Fees; (B) Engineering Fees; (C) Recreation Fees; (D) Underground Service Alert Marking Fees; and (E) Monthly Sewer Service Rates. Effective dates shall be as set forth in the attached Exhibits. Upon motion of Vice Mayor Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 17`s day of June 2003. Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk IC MIS. C> O Resolution No. 9463 (2003 Series) Page 2 APPROVED AS TO FORM: � o J at P. Lowell, City Attorney Resolution No. 9463 (2003 Series) Page 3 PLANNING FEE AMENDMENTS Effective September 1, 2003 Development Review Fee for Planning Services: To be collected at the same time as building permit fees Notes: 1. This fee is supplemental to planning application fees. 2. This fee is not applicable to building permits for additions or alterations of an existing single-family dwelling unit. 3. This fee is not applicable to building permits for construction of accessory structures serving a single-family dwelling unit, including additions and alterations thereof. 4. This fee is not applicable to construction permits issued solely for electrical, plumbing and mechanical work. New Fees Appeals Administrative Approval Applications Mills Act Participation Applications Land Use Documentation Request EXHIBIT A 37.5% of the combined construction permit and plan check fee $100 $239 $1,740 $143 C;- O Resolution No. 9463 (2003 Series) Page 4 ENGINEERING FEE AMENDMENTS Effective September 1, 2003 Improvement Plan Check Construction Inspection Final Maps Parcel Map: Four Lots or Less Tract Map: More Than Four Lots Final Lot Line Adjustment Agreements 1 to 9 Parcels 10 or More Parcels Encroachment Permits Curb, Gutter, and Sidewalk Trenched or Bored Excavation Annual Encroachment Permit for Utility Companies All Other Encroachment Permits (Each) EXHIBIT B $412 plus 1.9% of the construction cost $3,192 plus 12.9% of the construction cost $2,683 $2,683 plus $71 per lot or common interest subdivision unit $521 $721 $189 plus $11.17 per lineal foot $1,023 plus $2.42 per lineal foot $6,537 $328 O �O Resolution No. 9463 (2003 Series) Page 5 EXHIBIT C RECREATION FEE AMENDMENTS Effective July 1, 2003 Children's Services: Snack Cost Recovery School Year Program Per Child $20.00 Summer Camp Program Per Child $10.00 Jack House Rental (Note: Will only be applied to reservations made after July 1, 2003) Weddings Only: Per Day $475.00 Weddings/Receptions: Per Day $598.00 Resolution No. 9463 (2003 Series) Page 6 EXHIBIT D FIBER INFRASTRUCTURE PROTECTION FEES Effective September 1, 2003 Service Fee 5 Fiber Infrastructure Protection Fee: Per Call -Out $11 Resolution No. 9463 (2003 Series) Page 7 EXHIBIT E MONTHLY SEWER SERVICE RATES Effective July 1, 2003 and July 1, 2004 Effective Date .- of �� oo Single family dwelling, including single meter condominiums and $26.63 $27.96 townhouses Multi- family dwelling in any duplex, apartment house or rooming 20.97 22.02 house: per each dwelling unit Mobile home or trailer park: per dwelling unit 15.83 16.62 Public, private, or parochial school: per average daily attendance at the 3.00 3.15 school All other accounts Minimum charge 26.63 27.96 Additional charge for every 100 cubic feet in excess of 500 cubic 3.12 3.28 of metered water consumption Each vehicle discharging sewer into City system Minimum charge 87.73 92.12 Additional charge per 100 gallons in excess of 1,500 gallons 5.28 5.54 discharged ��- �-t tS G �e� �j ,�� -�,�C u`�a'L�,ES ��a� �-�� r� u RESOLUTION NO. 9461(2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN TO ESTABLISH A COMMUNITY COMMERCIAL DESIGNATION; AND AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP TO APPLY THE COMMUNITY COMMERCIAL DESIGNATION TO CERTAIN LAND R/TA/GPR/GPA/ER 32 -02 (Citywide) 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 17, 2003, for the purpose of considering Application R/TA/GPR/GPA/ER 32 -02, a series of changes proposed to the City's Zoning Regulations and General Plan to modernize and enhance standards for commercial development; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, Council Resolution No. 9451 approved the Proposed Commercial Zoning Revisions Document and a Negative Declaration for the project; and WHEREAS, the creation of a Community Commercial land use designation is a major component of the Commercial Zoning Revisions because the new designation describes a type and scale of development that serves a community -wide need; and WHEREAS, the areas proposed for the Community Commercial designation are developed properties that serve a community wide need and are consistent with the purpose and description of the Community Commercial designation; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Text Amendment. The General Plan Land Use Element is hereby amended to include a Community Commercial land use designation, as described by the following policies. Existing Land Use Element policies 3.3 through 3.7 are hereby renumbered as 3.4 through 3.8, respectively. LU 33: Community Commercial LU 3.3.1: Purpose and Included Uses R 9461 O O City Council Resolution No. 9461 (2003 Series) Page 2 Areas for shopping centers that serve community -wide needs are designated Community Commercial. Community commercial areas are intended to provide for a wide range of retail sales and personal services within the context of distinctive, pedestrian- oriented shopping centers that serve customers and clients from all over the City. These centers may accommodate retail uses of a larger scale that would be inappropriate in the downtown, but proposed uses will be reviewed to ensure that they will not detract from the role of the downtown as the City's primary concentration of specialty stores. LU 3.3.2: Building Intensity The ratio of building floor area to site area shall not exceed 2.0. The Zoning Regulations will establish maximum building height and lot coverage, and minimum setbacks from streets and other property lines, as well as procedures for exceptions to such standards in special circumstances. Architectural review will determine a project's realized building intensity, to reflect the existing or desired architectural character in the surrounding area. Dwellings may be provided in Community Commercial districts only as part of mixed use projects, where their density shall not exceed 35 dwelling units per acre. So long as the floor area ratio is not exceeded, the maximum residential density may be developed in addition to nonresidential development on a site. (See the residential section for policies on density bonuses for affordable housing.) LU 3.3.3: Office Uses Certain office uses with limited need for access to downtown government services may be located away from the downtown in areas designated Community Commercial. Appropriate types of offices include those that provide direct "over- the - counter" services to customers and clients. Professional offices, and those identified by the Zoning Regulations as "production and administrative" offices may also be appropriate, particularly above the ground floor. Section 2. Man Amendment. The Land Use Element Map is hereby amended to apply the Community Commercial designation in the areas shown on Exhibits A through E, attached. Section 3. Zoning Consistency. The Community Commercial land use designation shall be implemented by the Community Commercial zoning district. Section 4. The Community Development Director shall cause the amendment to be reflected in documents that are on display in City Hall and that are available for public use. Section 5. This amendment shall become effective on July 31, 2003, so that the approved changes occur at the same time as the changes approved for the Zoning Regulations. O O City Council Resolution No. 9461 (2003 Series) Page 3 On motion of Vice Mayor Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 17th day of June, 2003. ATTEST: Lee Price, C.M.C. City Clerk ••_.• D � Jonathan P. Lowell, City Attorney • o C O Change to GC Commercial Zoning Revisions - Exhibit A m ••••• Laguna Plaza �/ A, n� N o 4 rn ra z r i n s r s • �. j f xt .�if• q � �✓ i � � u ti Change to C-C i o `z t e f1 Commercial Zoning Revisions - Exhibit B ••••• Marigold Center d y s v -, (7 "r-11, MFA Change to GC IL . ......... . 43 ..................................... Su BURBAW-1--i OY Commercial Zoning Revisions:-. Exhibit C ••••• TraderJoe'.sIFodd 4 Less- V-11 O 0 NChange to CC CCCOVA, Commercial Zoning Revisions - Exhibit D ••••• Foothill Plaza MV C C (• ...... ......................... ri Commercial Zoning Revisions - Exhibit D ••••• Foothill Plaza MV C O Change to CC f� Y � l oaf Commercial Zoning Revisions -Exhibit E ••••• Scolari's (k N RESOLUTION NO. 9462 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN PERTAINING TO SPECIALTY STORES, NEIGHBORHOOD COMMERCIAL, AND OFFICE USES R/TA/GPR/GPA/ER 32 -02 (Citywide) 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 17, 2003, for the purpose of considering Application R/TA/GPR/GPA/ER 32 -02, a series of changes proposed to the City's Zoning Regulations and General Plan to modernize and enhance standards for commercial development; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, Council Resolution No. 9451 approved the Proposed Commercial Zoning Revisions Document and a Negative Declaration for the project; and WHEREAS, the proposed changes reinforce the existing policy structure of the General Plan and are necessary to insure ongoing compatibility between the Zoning Regulations and the General Plan; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said.hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Text Amendment. The General Plan Land Use Element is hereby amended to focus the purpose of the Neighborhood Commercial zone, as follows: 3.1 General Retail 3.1.5 Specialty Store Locations Most specialty retail stores should be downtown, in the Madonna Road area, or the Los Osos Valley Road area, and in other community shopping areas identified by the Community Commercial district (see the Community Commercial section below) where they will not detract from the role of the downtown as the City's primary concentration of specialty stores; some may also be in neighborhood shopping centers so long as they area minor part of the centers and serve neighborhood rather than citywide or regional markets. R 9462 0 0 City Council Resolution No. 9462 (2003 Series) Page 2 3.2 Neighborhood Commercial 3.2.1 Purpose and Included Uses The City should have areas for Neighborhood Commercial uses to meet the frequent shopping demands of people living nearby. Neighborhood commercial uses include smaller -scale grocery stores, laundromats, and drug stores. Neighborhood commercial uses should, be available within about one mile of all residences. These uses should be located on sites not exceeding about four acres, unless the neighborhood to be served includes a significant amount of high density residential development. Small -scale specialty stores may be located in areas designated for neighborhood commercial uses as long as they will not be a major citywide attraction or displace more general, convenience uses. 3.2.2 New or Expanded Areas of Neighborhood Commercial Use New or expanded areas of neighborhood commercial uses should: A. Be created within, or extended into, nonresidential areas adjacent to residential neighborhoods; B. Provide uses to serve nearby residents, not the whole city; C. Have access from arterial streets, and not increase traffic on residential streets D. Have safe and pleasant pedestrian access from the surrounding service area, as well as good internal circulation; E. Be designed to be pedestrian- oriented, and architecturally compatible with the adjacent neighborhoods being served. Pedestrian- oriented features of project design should include: 1. Off -street parking areas located to the side or rear of buildings rather than between buildings and the street; 2. Landscaped areas with public seating; and 3. Indoor or outdoor space for public use, designed to provide a focus for some neighborhood activities. 3.2.3 Expanding Existing Neighborhood Commercial Areas The City should evaluate the need for and desirability of additions to existing areas of neighborhood commercial use only when specific development proposals are made, and not in response to rezoning requests which do not incorporate a development plan. City Council Resolution No. 9462 (2003 Series) Page 3 Section 2. Text -Amendment. The General Plan Land Use Element is hereby amended to eliminate floor area limitations and rezoning policies for offices located in areas designated for Services and Manufacturing, as follows: LU 3.4.2: Office Locations E. Offices having no substantial public visitation or need for access to downtown government services may be in Services and Manufacturing districts. G. Certain business and professional services with limited need for access to downtown government services may be located in areas that are away from the downtown, and designated Community Commercial. Appropriate types of offices include those that provide direct 'over- the - counter" services to customers and clients. Professional offices may also be appropriate, particularly above the ground floor. LU 3.6,2; Appropriate Uses F. Offices having no substantial public visitation or need for access to downtown government services may be in Services and Manufacturing districts. Section 3. The Community Development Director shall cause the amendment to be reflected in documents that are on display in City Hall and that are available for public use. Section 4. This amendment shall become effective on July 31, 2003, so that the approved changes occur at the same time as the changes approved for the Zoning Regulations. Upon motion of Vice Mayor Mulholland, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None 0 City Council Resolution No. 9462 (2003 Series) Page 4 The foregoing resolution was passed and adopted this 17th day of June, 2003. Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk Jo P. Lowell, City Attorney RESOLUTION NO. 9460 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF A TREE REMOVAL REQUEST AT 313 PATRICIA DRIVE WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on April 28,2003 and denied the applicant's request to remove one (1) Sycamore tree located in the front yard at 313 Patricia Drive San Luis Obispo, California; and WHEREAS, on June 17, 2003, the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the denial to remove one (1) Sycamore tree, NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Fines: That this Council, after consideration of the applicant's appeal, and the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, makes the following finding: a. The removal of one (1) Sycamore tree and planting one (1) replacement tree will not promote good arboricultural practice. b. The tree is not causing undue hardship to the property owner. c. Removing the tree will harm the character of the surrounding neighborhood. SECTION 2. The appeal of the Tree Committee's decision to deny the tree removal request at 313 Patricia Drive is hereby denied. Upon motion of Vice Mayor Mulholland seconded by Council Member Schwartz, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None R 9460 c> o Resolution No. 9460 (2003 Series) Page 2 The foregoing resolution was adopted this 17th day of June 2003. Mayor David F. Romero ATTEST: Lee Price, City Clerk APPROVED AS TO FORM: Jokathp4lowell, City Attorney ion 0.0-mi}n O ( , pe.lf_.4n 343 orave.`�Wd C �afSC, CM jq1 o 313 i61 rlr-O. fir. L0 n3�of t RESOLUTION NO. 9459 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING EXECUTION OF THE JOINT POWERS AGREEMENT CREATING CALIFORNIA JOINT POWERS INSURANCE AUTHORITY, AND FURTHER APPROVING PARTICIPATION IN ITS JOINT PROTECTION PROGRAM PROVIDING LIABILITY COVERAGE THROUGH SELF - INSURANCE, LOSS POOLING AND EXCESS INSURANCE WHEREAS, pursuant to the provisions of Sections 990, 990.4, 990.8 and 6500 of the Government Code, California Joint Powers Insurance Authority ( "California JPIA ") has been created by a Joint Powers Agreement; and WHEREAS, a Joint Protection Program has been developed by said California JPIA pursuant to the provisions of said Agreement; and WHEREAS, Article 21 of said Agreement provides for additional members to become parties to the Joint Powers Agreement creating the California JPIA, after the first year of its operation, and thereupon enter the Joint Protection Program providing General and Automobile Liability Coverage through self - insurance and loss pooling; and WHEREAS, the self - insurance and loss pooling programs of the California JPIA, as well as its group insurance coverage programs, offer significant advantages to the City in terms of cost, protection, risk management and loss control advice and assistance, and entering such programs would be and is in the best interest of this City. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Mayor of the City of San Luis Obispo is hereby authorized and directed to execute the Joint Powers Agreement, attached hereto as Exhibit "1" and incorporated herein by this reference, on behalf of the City of San Luis Obispo binding the Member to the terms and conditions of said Agreement. SECTION 2. That the City of San Luis Obispo hereby joins the Joint Protection Program of California JPIA, providing self - insurance and loss pooling for General and Automobile Liability for a period of not less than three (3) years. Upon motion of Council Member Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None R 9459 Resolution No. 9459 (2003 Series) Page 2 The foregoing resolution was adopted this 17th day of June, 2003. ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jona well City Attorney i Mayor David F. Romero CALIFORNIA i r P I A JOINT POWERS AGREEMENT ADOPTED JANUARY 299 1997 TABLE OF CONTENTS ARTICLE 1 - DEFINITIONS ....................................................................................... ............................... 2 ARTICLE2 - PURPOSES .......................................................................................... ............................... 3 ARTICLE 3 - PARTIES TO AGREEMENT ................................................................ ............................... 3 ARTICLE 4 - TERM OF AGREEMENT ........................ ......... :........................... ............. ............................. 4 ARTICLE 5 - CREATION OF AUTHORITY ............................................................... ............................... 4 ARTICLE 6 - POWERS OF AUTHORITY .................................................................. ............................... 4 ARTICLE 7 - BOARD OF DIRECTORS ............................... :................................................................... 5 ARTICLE 8 - POWERS OF THE BOARD OF DIRECTORS ..................................... ............................... 5 ARTICLE 9 - MEETINGS OF THE BOARD OF DIRECTORS .................................. ............................... 6 ARTICLE 10 - EXECUTIVE COMMITTEE ................................................................ ............................... 7 ARTICLE 11 - POWERS OF THE EXECUTIVE COMMITTEE ................................. ............................... 7 ARTICLE 12 - MEETINGS OF THE EXECUTIVE COMMITTEE .............................. ............................... 8 ARTICLE 13 - OFFICERS OF THE AUTHORITY ..................................................... ............................... 8 ARTICLE 14 - COMMITTEE OF CITY MANAGERS AND COMMITTEE OF FINANCE OFFICERS ...... 9 ARTICLE 15 - INSURANCE COVERAGE ............................................................... ............................... 10 ARTICLE 16 - DEVELOPMENT OF THE JOINT PROTECTION AND INSURANCE PROGRAM ........10 ARTICLE 17 - ACCOUNTS AND RECORDS ............................................................ .............................12 ARTICLE 18- RESPONSIBILITY FOR MONIES ...................................................... .............................13 ARTICLE 19 - RESPONSIBILITIES OF THE AUTHORITY ...................................... .............................14 ARTICLE 20 - RESPONSIBILITIES OF MEMBERS ................................................. .............................15 ARTICLE 21 - NEW MEMBERS ................................................................................ .............................16 ARTICLE22 - WITHDRAWAL ................................................................................... .............................16 ARTICLE 23 - CANCELLATION ................................................................................ .............................17 ARTICLE 24 - EFFECT OF WITHDRAWAL .............................................................. .............................17 ARTICLE 25 - TERMINATION AND DISTRIBUTION ................................................ .............................18 ARTICLE 26 - PROVISION FOR BYLAWS AND MANUAL... .....:............................. .............................19 ARTICLE27 - NOTICES .......................................................................................... ............................... 19 ARTICLE28 - AMENDMENT .................................................................................... .............................19 ARTICLE 29 - PROHIBITION AGAINST ASSIGNMENT .......................................... .............................19 ARTICLE30 - AGREEMENT COMPLETE .............................................................. ............................... 20 JOINT POWERS AGREEMENT CREATING THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY THIS AGREEMENT is made and entered into by and among the public entities organized and existing under the Constitution or laws of the State of California, hereinafter collectively referred to as "Members" and individually as "Member "which are parties signatory to this Agreement. Said Members are sometimes referred to herein as "parties." RECITALS: WHEREAS, California Government Code Section 6500 et seg. provides that two or more public agencies may by agreement jointly exercise any power common to the contracting parties; and WHEREAS, California Government Code Section 990.4 provides that a local public entity may self- insure, purchase insurance through an authorized carrier, or purchase insurance through a surplus line broker, or any combination of these; and WHEREAS, California Government Code Section 990.8 provides that two or more local public entities may, by a joint powers agreement, provide insurance for any purpose by any one or more of the methods specified in Government Code Section 990.4; and WHEREAS, each of the parties to this Agreement desires to join together with the other parties for the purpose of pooling their self - insured losses and jointly purchasing excess insurance and administrative services in connection with a joint protection program for said parties; and WHEREAS, it appears economically feasible and practical for the parties to this Agreement to do so; C� NOW, THEREFORE, for and in consideration of all of the mutual benefits, covenants and agreements contained herein, the parties hereto agree as follows: ARTICLE 1 DEFINITIONS The following definitions shall apply to the provisions of this Agreement: (a) "Authority" shall mean the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY created by this Agreement. (b) "Board of Directors" or "Board" shall mean the governing body of the Authority. (c) "City Managers Committee" shall mean the committee of the Authority composed of the City Managers, City Administrators, or Administrative Officers of Members. (d) "Claims" shall mean demands made against the Authority arising out of occurrences, which are within the Authority's joint protection program as developed by the Executive Committee. (e) "Excess Insurance" shall mean that insurance purchased on behalf of the Authority to protect the funds of the Authority against catastrophes or an unusual frequency of losses during a single year. (f) "Executive Committee" shall mean the Executive Committee of the Board of Directors of the Authority. (g) "Secretary" shall mean the person selected by the Executive Committee from among its members to serve as Secretary of the Authority. (h) "Finance Officers Committee" shall mean the committee of the Authority composed of the Finance Officers of the Members. (i) "Fiscal Year" shall mean that period of twelve months which is established as the fiscal year of the Authority. (j) "Insurance" shall mean and include self- insurance through a funded program and/or any commercial insurance contract. (k) "Executive Director" shall mean that employee of the Authority who is appointed by the Executive Committee subject to the approval of the Board of Directors, `: and responsible for the management and administration of the joint protection program of the Authority. ARTICLE 2 PURPOSES This agreement is entered into by the Members pursuant to the provisions of California Government Code Sections 990, 990.4, 990.8, and 6500 et seg. in order to provide more comprehensive and economical insurance coverage, to reduce the amount and frequency of their losses, and to decrease the cost incurred in the handling and litigation of claims. This purpose shall be accomplished through the exercise of the powers of the Members jointly in the creation of a separate entity, the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY (the Authority), to administer a joint protection program wherein Members will pool their losses and claims, jointly purchase excess insurance and administrative and other services, including claims adjusting, data processing, risk management consulting, loss prevention, legal and related services. It is also the purpose of this Agreement to provide, to the extent permitted by law, for the inclusion at a subsequent date of such additional public entities organized and existing under the Constitution or laws of the State of California as may desire to become parties to this Agreement and members of the Authority, subject to approval by the Board of Directors. ARTICLE 3 PARTIES TO AGREEMENT Each party to this Agreement certifies that it intends to and does contract with all other parties who are signatories of this Agreement and, in addition, with such other parties as may later be added as parties to and signatories of this Agreement pursuant to Article 21. Each party to this Agreement also certifies that the deletion of any party from this Agreement, pursuant to Articles 22 and 23 shall not affect this Agreement nor such party's intent to contract as described above with the other parties to the Agreement then remaining. 3 C ARTICLE 4 TERM OF AGREEMENT N This Agreement became effective on June 29, 1977 and shall continue until and unless terminated as hereinafter provided. ARTICLE 5 CREATION OF AUTHORITY Pursuant to Section 6500 et seg. of the California Government Code, there is hereby created a public entity separate and apart from the parties hereto, to be known as the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY. Pursuant to Government Code Section 6508.1, the debts, liabilities and obligations of the Authority shall not constitute debts, liabilities or obligations of any party to this Agreement. ARTICLE 6 POWERS OF AUTHORITY (a) The Authority shall have the powers common to its Members and is hereby authorized to do all acts necessary for the exercise of said common powers, including, but not limited to, any or all of the following: 1. To make and enter into contracts; 2. To incur debts, liabilities or obligations; 3. To acquire, hold or dispose of property, contributions and donations of property, funds, services and other forms of assistance from persons, firms, corporations and governmental entities; 4. To sue and be sued in its own name; and 5. To exercise all powers necessary and proper to carry out the terms and provisions of this Agreement, or otherwise authorized by law. 4 0 3. (b) Said powers shall be exercised pursuant to the terms hereof and in the manner provided by law and are subject to the restrictions upon the manner of exercising the powers of the City of Lakewood. ARTICLE 7 BOARD OF DIRECTORS (a) The Authority shall be governed by the Board of Directors which is hereby established and which shall be composed of one representative from each Member, who shall be selected from the legislative body of that Member. (b) Each legislative body, in addition to appointing its member of the Board, shall appoint at least one alternate who shall be an officer or employee of the Member. The alternate shall have the authority to attend, participate in and vote at any meeting of the Board when the regular member for whom he or she is an alternate is absent from said meeting. (c) Each member of the Board shall have one vote. ARTICLE 8 POWERS OF THE BOARD OF DIRECTORS The Board of Directors of the Authority shall have the following powers and functions: (a) The Board shall elect from its members pursuant to Article 10 of this Agreement an Executive Committee to which it may give authority to make and implement any decisions, including those involving the administration of the Authority, except those decisions that would require an amendment of this Agreement, under Article 28 herein. (b) The Board may review all acts of the Executive Committee, including development of the memorandum of coverage, and shall have the power to modify and/or override any decision or action of the Executive Committee upon a majority vote of a quorum of the Board of Directors. 5 (c) The Board shall review, modify if necessary, and approve the annual operating budget of the Authority, prepared by the Executive Committee pursuant to Article 11 (d). (d) The Board shall receive and review periodic accountings of all funds under Articles 17 and 18 of this Agreement. (e) The Board shall have the power to conduct on behalf of the Authority all business of the Authority, including that assigned to the Executive Committee, which the Authority may conduct under the provisions hereof and pursuant to law. (f) The Board shall have such other powers and functions as are provided for in this Agreement. ARTICLE 9 MEETINGS OF THE BOARD OF DIRECTORS (a) Meetings. The Board shall provide for its regular, adjourned regular and special meetings; provided, however, that it shall hold at least one regular meeting annually at a time and place determined by the Executive Committee. (b) Minutes. The Secretary of the Authority shall cause minutes of regular, adjourned regular and special meetings to be kept and shall, as soon as possible after each meeting, cause a copy of the minutes to be forwarded to each member of the Board and to the Member. (c) Quorum. A majority of the members of the Board shall constitute a quorum for the transaction of business, except that less than a quorum may adjourn from time to time. A vote of the majority of those members present at a meeting shall be sufficient to constitute action by the Board. (d) Compliance with the Brown Act. All meetings of the Board, including, without limitation, regular, adjourned regular and special meetings, shall be called, noticed, held and conducted in accordance with the provisions of the Ralph M. Brown Act, California Government Code Section 54950 et seg. 2 O ARTICLE 10 EXECUTIVE COMMITTEE 0 There shall be an Executive Committee of the Board of Directors which shall consist of nine (9) members, exclusive of any current Past President Ex Officio Executive Committee Member. Two of the members of the Executive Committee shall be the President and Vice President of the Board of Directors. The other members of the Executive Committee shall be elected by the Board of Directors at the Annual Meeting for the terms provided in the Bylaws. The President of the Authority, or the Vice President in his or her absence, shall serve as the Chairperson of the Executive Committee. ARTICLE 11 POWERS OF THE EXECUTIVE COMMITTEE The Executive Committee of the Board of Directors shall have the following powers: (a) The Executive Committee shall determine and select a joint protection program for the Authority. (b) The Executive Committee shall determine and select all necessary insurance, including excess insurance, necessary to carry out the protection program of Authority.. (c) The Executive Committee shall have authority to contract for or develop various services for the Authority, including, but not limited to, claims adjusting, loss control and risk management consulting services. (d) The Executive Committee shall cause to be prepared the operating budget of the Authority for each fiscal year, subject to review, modification and approval by the Board, as provided for in Article 8(c). (e) The Executive Committee shall receive and act upon reports of the City Managers Committee, Finance Officers Committee, and Executive Director. (f) The Executive Committee shall appoint the Treasurer and Executive Director of the Authority. 7 (7) (g) The Executive Committee shall have the power to hire such persons as the Executive Committee deems necessary for the administration of the Authority. (h) The Executive Committee shall have the general supervisory and policy control over the day - to-day decisions and administrative activities of the Executive Director of the Authority. (i) The Executive Committee shall have such other powers and functions as are provided for in this Agreement. ARTICLE 12 MEETINGS OF THE EXECUTIVE COMMITTEE The meetings of the Executive Committee shall be held and conducted in the same manner as the meetings of the Board of Directors, provided for in Article 9 of this Agreement. In addition, the Committee shall make periodic reports to the Board of Directors, advising the Board of its decisions and activities concerning the implementation of the joint liability program of the Authority. ARTICLE 13 OFFICERS OF THE AUTHORITY (a) President and Vice President. The Board shall elect a President and Vice President of the Authority, each to hold office for a two year term, except as hereinafter provided, and until a successor is elected. The election of the President and Vice President shall be on alternate years. In the event the President or Vice President so elected ceases to be a member of the Board, the resulting vacancy in the office of President or Vice President shall be filled at the next regular meeting of the Board held after such vacancy occurs. In the absence or inability of the President to act, the Vice President shall act as President. The immediate Past President shall sere as an ex officio member of the Executive Committee for a term of two years, and as long as he or she remains a member of the Board of Directors. 3 N P (b) Executive Director. The Executive Director shall have the general administrative responsibility for the activities of the joint protection program and shall appoint all necessary employees thereof. (c) Secretary. The Secretary shall be responsible for all minutes, notices and records of the Authority and shall perform such other duties as may be assigned by the Executive Committee. (d) Treasurer. The duties of the Treasurer are set forth in Articles 17 and 18 of this Agreement. (e) Attorney. The Executive Committee shall select an attorney for the Authority. The attorney shall serve at the pleasure of the Executive Committee. (f) The Executive Committee shall have the power to appoint such other officers as may be necessary in order to carry out the purposes of this Agreement. ARTICLE 14 COMMITTEE OF CITY MANAGERS AND COMMITTEE OF FINANCE OFFICERS (a) There shall be established a Committee of City Managers composed of the City Managers, City Administrators and Administrative Officers of the Members of the Authority and a Committee of Finance Officers composed of the Finance Officers of the Members of the Authority. Such Committees shall meet from time to time as deemed necessary by them, and shall make recommendations to the Executive Committee based upon their expertise. (b) Each of these Committees may appoint from its members one person to serve in an Ex Officio capacity on the Executive Committee. (c) The meetings of these Committees shall be held and conducted in the same manner as the meetings of the Board of Directors, provided for in Article 9 of this Agreement. 14 ARTICLE 15 INSURANCE COVERAGE (a) The insurance coverage provided for Members through the Authority shall include protection for Personal Injury, Errors and Omissions, Contractual and Comprehensive Liability, and such other areas of coverage as the Executive Committee may determine. (b) The Authority shall maintain an insurance limit for Members determined by the Executive Committee to be adequate. The Executive Committee may arrange for a group policy to be issued for Members interested in obtaining additional coverage above this limit, at an additional cost to those participating Members. (c) The Executive Committee shall arrange for the purchase of insurance necessary to protect the funds of the Authority against catastrophes. The Executive Committee shall have the authority to discontinue purchase of this excess insurance, if at a future time it is no longer needed to protect the Authority's funds. ARTICLE 16 DEVELOPMENT OF THE JOINT PROTECTION AND INSURANCE PROGRAM (a) The joint protection program provided by the Authority shall extend to agencies or authorities existing within Members created pursuant to Health & Safety Code Sections 33000 et se g. and Sections 34200 et seg., agencies within Members who are Cities the governing board of which is the City Council or is appointed by the City Council of the City, and such other agencies of Member Cities or entities created entirely by Member Cities, as the Board of Directors may determine. (b) The initial deposit for each Member shall be determined by the Executive Committee. (c) The cost allocation plan and formula adopted by the Executive Committee shall provide for an adjustment in the Members' deposits at the end of each year of operation in order to produce a deposit for each year for each Member that is equal to the sum of the following three items: 10 0 0 1. That amount of losses borne individually by the Member, each of which losses is less than an amount determined by the Executive Committee; and 2. The Member's share of pooled losses and other expenses, as determined by the Executive Committee; and 3. The Member's contribution to a catastrophe fund and reserves for incurred - but - not - reported losses. The Executive Committee may make such deposit adjustments retrospective to the prior year and each Member shall pay any additional deposit required by such retrospective adjustment. (d) The Executive Committee shall develop criteria for determining each Member's annual share of pooled losses and expenses and contribution to a catastrophe fund which may include the Member's payroll as compared to the total payroll of all Members, the Member's individual loss experience, and such other criteria as the Executive Committee may determine to be relevant. (e) The annual readjustment of the amount of deposit shall be made and notices for readjusted deposit amounts and the next year's deposits shall be distributed at least sixty (60) days prior to the close of each fiscal year. This deposit amount, together with any readjusted amount due under paragraph (d) above, shall be due and payable within thirty days of receipt of such notices. (f) Inasmuch as some Members may experience an unusual frequency of losses during a single fiscal year, which could increase their final deposit substantially above the prepaid deposit for that year and cause budgetary problems, the Executive Committee may provide for payment of a portion of such additional deposit to be made over a period of time, not to exceed five years, plus reasonable interest. (g) An individual Member's annual deposit including any readjusted amount for that year shall not in any event exceed five times its average annual deposit, including readjusted amount, for the last preceding three years. (h) The Executive Committee may expand the Authority's joint protection and insurance program to make available to Members protection in addition to that which is provided for in this Agreement as well as employee benefit insurance plans. 11 ARTICLE 17 ACCOUNTS AND RECORDS (a) Annual Budget. The Authority shall adopt an annual operating budget, pursuant to Article 8(c) of this Agreement. (b) Funds and Accounts. The Treasurer of the Authority shall establish and maintain such funds and accounts as may be required by good accounting practice or by the Executive Committee. Books and records of the Authority in the hands of the Treasurer shall be open to any inspection at all reasonable times by representatives of a Member. (c) Treasurer's Report. The Treasurer, within One Hundred and Twenty (120) days after the close of each fiscal year, shall give a complete written report of all financial activities for such fiscal year to the Board and to each Member. (d) Annual Audit. The Executive Committee shall provide for a certified, annual audit of the accounts and records of the Authority which audit shall conform to generally accepted auditing standards. When such an audit of the accounts and records is made by a Certified Public Accountant, a report thereof shall be filed as a public record with each of the Members. Such report shall be filed within six months of the end of the year under examination. (e) Costs. Any costs of the audit, including contracts with, or employment of, Certified Public Accountants, in making an audit pursuant to this Article, shall be borne by the Authority and shall be considered included within the term "administrative costs." ARTICLE 18 RESPONSIBILITY FOR MONIES (a) The Treasurer of the Authority shall have the custody of and disburse the Authority's funds. He or she shall have the authority to delegate the signatory function of Treasurer to such persons as are authorized by the Executive Committee. 12 (b) A bond in the amount determined by the Executive Committee to be adequate shall be required of all officers and personnel authorized to disburse funds of the Authority, such bond to be paid for by the Authority. (c) The Treasurer of the Authority shall assume the duties described in California Government Code Section 6505.5, including: 1. Receive and receipt for all money of the Authority and place it in the treasury of the Treasurer to the credit of the Authority; 2. Be responsible upon his or her official bond for the safekeeping and disbursement of all of the Authority's money so held by him or her; 3. Pay, when due, out of money of the Authority so held by him or her, all sums payable on outstanding bonds and coupons of the Authority; 4. Pay any other sums due from the Authority only upon warrants signed by the public officer performing the functions of Controller; and 5. Verify and report in writing on the first day of July, October, January and April of each year to the Authority and to Members the amount of money held for the Authority, the amount of receipts since the last report, and the amount paid out since the last report. ARTICLE 19 RESPONSIBILITIES OF THE AUTHORITY The Authority shall perform the following functions in discharging its responsibilities under this Agreement: (a) Provide insurance coverage as necessary, including but not limited to a self - insurance fund and commercial insurance, as well as excess coverage and umbrella insurance, by negotiation or bid, and purchase, as necessary. (b) Assist Members in obtaining insurance coverage for risks not included within the basic coverage of the Authority, such as bus and dial -a -ride services and aviation exposure. 13 (c) Assist each Member's assigned risk manager with the implementation of that function within the Member. (d) Provide loss prevention and safety and consulting services to Members as required. (e) Provide claims adjusting and subrogation services for claims covered by the Authority's joint protection program. (f) Provide loss analysis control by the use of statistical analysis, data processing, and record and file keeping services, in order to identify high exposure operations and to evaluate proper levels of self- retention and deductibles. (g) Provide for Members when requested a review of their contracts to determine sufficiency of indemnity and insurance provisions. (h) Conduct risk management audits to review the participation of each Member in the program. (i) The Authority shall have such other responsibilities as deemed necessary by the Board of Directors or Executive Committee in order to carry out the purposes of this Agreement. ARTICLE 20 RESPONSIBILITIES OF MEMBERS Members shall have the following responsibilities: (a) The legislative body of each Member shall appoint a representative and at least one alternate representative to the Board of Directors, pursuant to Article 7 of this Agreement. (b) Each Member shall appoint an employee to be responsible for the risk management function of that Member, and to serve as a liaison between the Member and the Authority as to risk management. (c) Each Member shall maintain an active safety officer and/or committee, and shall consider all recommendations of the Authority concerning unsafe practices. 14 (d) Each Member shall maintain its own set of records, as a loss log, in all categories of loss to ensure accuracy of the Authority's loss reporting system. (e) Each Member shall pay its deposit and any readjusted amount promptly to the Authority when due. After withdrawal or termination, each Member shall pay promptly to the Authority its share of any additional deposit, when and if required of it by the Executive Committee under Article 24 or 25 of this Agreement. (f) Each Member shall provide the Authority with such other information or assistance as may be necessary for the Authority to carry out the joint protection program under this Agreement. (g) Each Member shall in any and all ways cooperate with and assist the Authority, and any insurer of the joint protection program, in all matters relating to this Agreement and covered losses, and will comply with all bylaws, rules and regulations adopted by the Board of Directors and Executive Committee. ARTICLE 21 NEW MEMBERS The Authority shall allow entry into the program of new members approved by the Board. Board approval for new Members shall be according to the following procedure: (1) investigation of each potential member by the Authority staff and preparation of a report; (2) review of the report by the Executive Committee and, if approved, sent to each Member for review; (3) return by each Member of the form indicating approval or disapproval to the Executive Director; and (4) upon receipt by the Executive Director of approvals by two- thirds of the Members, or, in the alternative, by a two- thirds vote of a quorum of the Board of Directors at a meeting of the Board, the new Member shall be deemed approved by the Board. 15 U Members entering under this Article will be required to pay their share of organization expenses as determined by the Board, including those necessary to analyze their loss data and determine their deposits. ARTICLE 22 WITHDRAWAL (a) A Member which enters the joint protection program may not withdraw as a party to this Agreement and as a member of the Authority for a three -year period commencing on the effective date of its participation in the joint protection program. (b) After the initial three -year noncancellable commitment to the program, a Member may withdraw only at the end of any fiscal year, provided it has given the Authority a twelve -month written notice of its intent to withdraw from this Agreement and the joint protection program. ARTICLE 23 CANCELLATION The Authority shall have the right to cancel any Member's participation in the joint protection program upon a three - fourths vote of the entire Board of Directors. Any Member so canceled shall on the effective date of the cancellation be treated the same as if the Member had voluntarily withdrawn from this program. ARTICLE 24 EFFECT OF WITHDRAWAL (a) The withdrawal of any Member from this Agreement shall not terminate the same and no Member by withdrawing shall be entitled to payment or return of any 16 C J deposits, consideration or property paid, or donated by the Member to the Authority, or to any distribution of assets. (b) The withdrawal of any Member after the effective date of the joint protection program shall not terminate its responsibility to contribute its share of deposits or funds to any fund or insurance program created by the Authority until all claims, or other unpaid liabilities, covering the period the Member was signatory hereto have been finally resolved and a determination of the final amount of payments due from the Member or credits to the Member for the period of its membership has been made by the Executive Committee. In connection with this determination, the Executive Committee may exercise similar powers to those provided for in Article 25(c) of this Agreement. / ,. ARTICLE 25 TERMINATION AND DISTRIBUTION (a) This Agreement may be terminated by the written consent of three - fourths of the Members; provided, however, that this Agreement and the Authority shall continue to exist for the purpose of disposing of all claims, distribution of assets and all other functions necessary to wind up the affairs of the Authority. (b) Upon termination of this Agreement all assets of the Authority shall be distributed only among the parties that have been Members of the joint protection program, including any of those parties which previously withdrew pursuant to Article 22(b) or 23 of this Agreement, in accordance with and proportionate to their cash (including deposits) payments and property (at market value when received) contributions made during the term of this Agreement. The Executive Committee shall 17 N determine such distribution within six months after the last pending claim or loss covered by this Agreement has been finally disposed of. (c) The Executive Committee is vested with all powers of the Authority for the purpose of winding up and dissolving the business affairs of the Authority. These powers shall include the power to require Members, including those which were Members at the time the claim arose or at the time the loss was incurred, to pay their share of any additional amount of deposit deemed necessary by the Executive Committee for final disposition of all claims and losses covered by this Agreement. A Member's share of such additional deposits shall be determined on the same basis as that provided for annual deposits in Article 16 of this Agreement, and shall be treated as if it were the next year's annual deposit for that Member, subject to the limits described in Article 16(h) of this Agreement. (d) In the absence of an Executive Committee, the Secretary shall exercise all powers and authority under this Article. The decision of the Executive Committee or Secretary under this Article shall be final. ARTICLE 26 PROVISION FOR BYLAWS AND MANUAL The Board shall cause to be developed Authority Bylaws and a Policy and Procedure Manual to govern the day -to -day operations of the Authority. Each Member shall receive a copy of any Bylaws, Policy Statement or Manual developed under this Article. ARTICLE 27 NOTICES Notices to Members hereunder shall be sufficient if delivered to the administrative office of the respective Member. 18 o ARTICLE 28 AMENDMENT When a quorum of the Board of Directors is present, this Agreement may be amended at any time by a two- thirds vote, with the exception of an amendment to Article 23 which shall require a three - fourths vote of the entire Board of Directors. ARTICLE 29 PROHIBITION AGAINST ASSIGNMENT No Member may assign any right, claim or interest it may have under this Agreement, and no creditor, assignee or third parry beneficiary of any Member shall have any right, claim or title to any part, share, interest, fund, deposit or asset of the Authority. 19 C ' J ARTICLE 30 AGREEMENT COMPLETE The foregoing constitutes the full and complete Agreement of the parties. There are no oral understandings or agreements not set forth in writing herein. IN WITNESS WHEREOF, the parties hereto have first executed this Agreement by authorized officials thereof on the date indicated below. Date: la -'2 '�1- 03 MEMBER: City of San Luis Obispo David F. Romero, Mayor ATTEST: 1 Lee Price, C.M.C. City Clerk APPROVED AS TO FORM: Jona . Lowell City Attorney 20 - � \cis'C'►�LTP i f'� 1 ��LG�(��I'�� (b l(1U - 17C!cruti� O 5;1 ra CALIFORNIA P A CERTIFICATION OF DIRECTOR AND ALTERNATE(S) I hereby certify that as of this date, the Official Minutes and Records of the City Council of the City of San Luis Obispo (please print agency name) confirm that the following. persons have been appointed to represent the City of San_ Luis Obispo (please print agency name), in accordance with the provisions of Article 7 of the CALIFORNIA JOINT POWERS INSURANCE AUTHORITY Joint Powers Agreement. DIRECTOR (Council Member): Mayor Name Title email address ALTERNATE(S) (one or more, may be Council Member or staff): t _ ck@ s lority org ss anwy Shelly Stanwyck Assistant City Administrative Officer Name Jonathan Lowell Ka- me Karen-Jenny Name Title City Attorney Title Risk Manager Title Name Title City Clerks' natur# San L s Obispo City (please print agency name) 5/09/2006 Date email address jlowell @slocity•org email address kjenny @slocity_org email address email address -M r� N 0 C'TG.�7i0012'�St�QOOf{� �71 J .._. .._ _'....:. U0i1U /ZUU0 UU:U3 rAA OU310i[IUU� JAIN LU13 AUMIIN LEVUI ERE$EERiERi$REffiEERffiffiE sss T% REPORT sss assssssssssssasssssss TRANSMISSION OA T% /R% NO CONNECTION TEL CONNECTION ID ST. TIME USAGE T PGS. SENT RESULT 2388 915628604992 05 /10 09:02 00'27 2 OR �ar 14 a. May 9, 2006 TO: Tammie Haller Senior Management Analyst. California JPIA 8081 Moody Street La Palma, CA 90623 FAX # (562) 860 -4992 FROM: Audrey Hooper City Clerk City Hall 990 Palm Street San Luis Obispo, CA 93401 SUBJECT: JPIA Certification of Director and Alternates Attached please find our certification form as we discussed. May 9, 2006 TO: Tammie Haller Senior Management Analyst California JPIA 8081 Moody Street La Palma, CA 90623 FAX # (562) 860 -4992 FROM: Audrey Hooper City Clerk City Hall 990 Palm Street San Luis Obispo, CA 93401 SUBJECT: JPIA Certification of Director and Alternates Attached please find our certification form as we discussed. O Page 1 of 1 Audrey Hooper - Re: Fwd: California JPIA: Certification of Director and Alternates From: Karen 1prry To: y Hooper Date: 5/9/2006 3:16 PM Subject: Re: Fwd: California JPIA: Certification of Director and Alternates I confirmed with CJPIA that the designation of the alternates can be by position. So, I think you can complete and return the form with the Mayor as the director, and Shelly, Jonathan and myself as alternates (with out titles). Thanks. r� >>> Audrey Hooper 05/05/06 01 :13PM >>> Great - I won't do anything on this until I hear back from you. I Thanks. >>> Karen Jenny 05/05/06 01 :11PM >>> No, I haven't. I don't remember them requesting an update before, but maybe they have. The only one of these.I have in the file is the original one we did in 2003, which designates Dave Romero as the board member and Jonathan, Wendy and I as alternates. I'll check with Tammie at CJPIA on Monday to see if we need to re- designate an alternate since Wendy has retired, or if Shelly naturally assumes that as the ACAO. I'll also talk to Monica to see if we want to update the list. >>> Audrey Hooper 05/03/06 03:24PM >>> Have you seen this? >» Tammie Haller <tammie @cjpia.org> 05/03/06 02:15PM >>> Audrey Hooper City of San Luis Obispo Dear Audrey, In preparation for the.July 19, 2006 California JPIA Annual Board of Directors meeting, we must assure that all Member Voting Delegate and Alternate information is current. We have attached a Certification of Director and Alternate(s) form to be completed and signed. Please fax the completed form back to us t (562) 860 -4992, o mail it to the address below by Friday, June 2, 2006. If you have any questions please call me at (562) 467 -8722. Thank you for helping update our records. Tammie Haller Senior Management Analyst California ]PIA 8081 Moody Street La Palma, CA 90623 file: / /C :\ Documents %20and %20Settings \slouser \Local %20Settiings \Temp \GW }00001.HTM 5/9/2006 Audrey Hooper - California JPIA: Certification of Director and Alternates From: Tammie Haller <tammie @cjpia.org> To: <ahooper @slocity.org> Date: 5/3/2006 2:16 PM Subject: California JPIA: Certification of Director and Alternates Audrey Hooper City of San Luis Obispo Dear Audrey, In preparation for the July 19, 2006 California JPIA Annual Board of Directors meeting, we must assure that all Member Voting Delegate and Alternate information is current. We have attached a Certification of Director and Alternate(s) form to be completed and signed. Please fax the completed form back to us _t (562) 860 -4992, or ail it to the address below by,FrI Way I June 2, 200. `; If you have any questions please call me at (562) 467 -8722. Thank you for helping update our records. Tammie Haller Senior Management Analyst California JPIA 8081 Moody Street La Palma, CA 90623 Page 1 of I file: / /C:\ Documents% 20and% 20Settings \slouser\Local %20Settings \Temp \GW } 0000 1 .HTM 5/3/2006 RESOLUTION NO. 9458 (2003 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 1750 (Unit 5) WHEREAS, the City Council made certain findings concerning Tract 1750 (Unit 5), as prescribed in Resolution No. 6874 (1990 Series); and WHEREAS, the City Council approved the final map for Tract 1750 (Unit 5) per Resolution No. 8848 (1998 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 1750 (Unit 5), in accordance with City standards, specifications and the subdivision agreement, and has requested acceptance of the public improvements for maintenance and operation by the City. NOW THEREFORE, the City Council hereby accepts the public improvements for Tract No. 1750 (Unit 5). The current Faithful Performance surety is hereby reduced to $75,200, being ten percent of the total cost of the public improvements, to be held for one year from this date, in accordance with the subdivision agreement. The Labor & Materials surety may be released at this time, since the conditions of Section 66499.7 of the California Government Code have been met. On motion of Council Member Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and Mayor Romero NOES- None ABSENT: None The foregoing Resolution was adopted this 17`s day of June, 2003. Lee Price, C.M.C. City Clerk Mayor David F. Romero f ilk Resolution No. 9458 (20033eries) Page 2 APPROVED AS TO FORM: Jona . Lowell, City Attorney �� p O =�'L1`�.01i� RESOLUTION NO. 9457 (2003 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING AN ADDENDUM TO THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 19 2000 - JUNE 309 2004 BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby resolves as follows: SECTION 1. The Addendum to the Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo City Police Officers' Association (POA), attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. SECTION 2. The Finance Director shall adjust the Personnel Services appropriation accounts to reflect the negotiated compensation changes. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Dale Strobridge, San Luis Obispo Police Officers' Association, and Karen Jenny, Acting Director of Human Resources. Upon motion of Council Member Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 17th day of June, 2003. Mayor David F. Romero ATTEST: / Lee Price, C.M.C. City Clerk R 9457 Resolution No. 9457 (2003 Series) o Page 2 APPROVED AS TO FORM: 0 Jo P. Lowell, City Attorney I� EXHIBIT "A" ADDENDUM #2 TO THE 2000 -2004 MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION A. PURPOSE OF THIS ADDENDUM 1. Pursuant to the August 20, 2002, Addendum to the 2000 -04 Memorandum of Agreement (MOA) the City and Association have meet and conferred regarding the adjustment to the uniform allowance for the Police Records Clerk classifications. B. MODIFICATION TO ARTICLE 16, UNIFORM ALLOWANCE 1. Effective July 1, 2003, Police Records Clerk classifications shall receive the Uniform Allowance as set forth in Article 16 of the Memorandum of Agreement between the City and Association. The Department shall specify the appropriate uniform to be worn by Records Clerks. CITY OF SAN LUIS OBISPO kawl to (o p3 Karen Jenn 91or Acting Dire of uman Resources SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION ��3 /im! Dale Stro ridge, SLOPOA Pr ident �.�� n�, �-��. � �� L� �-�rvY��U, �- ��I�e� cy� °.C.c��s Q��.� . C- RESOLUTION NO. 9456 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATIONS LMT FOR 2003 -04 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 2003 -04 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 2003 -04 as follows: Appropriations Limit: 2002 -03 $35,564,400 Cost of Living Factor: Percent change in California per capita income 2.31% Population Factor: County Population Growth 1.32% Compound Percentage Factor (multiplicative not additive) 3.66% Appropriations Limit: 2003 -04 $36,865,900 Upon motion of Council Member Schwartz, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 17th day of June, 2003. ATTEST: Lee Price, City Clerk C. c�. Mayor David F. Romero R 9456 Resolution No. 9456 (2003 Series) Page 2 APPROVED AS TO FORM: Jona . Lowell, City Attorney M - ��- lo..��e� �O C) 0 RESOLUTION NO. 9455 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE GREATER ALTA VISTA AREA OF THE CITY AS A RESIDENTIAL PARKING PERMIT DISTRICT AND ESTABLISHING DAYS AND HOURS OF OPERATIONS OF SAID DISTRICT AND TIME OF RENEWAL FOR A PARKING PERMIT AND RESCINDING RESOLUTION NO. 9283 WHEREAS, the Council of the City of San Luis Obispo established the Greater Alta Vista Residential Parking Permit District; and WHEREAS, the Council of the City of San Luis Obispo determined that the quality of life for the residents of this district had been adversely affected by nonresidents using the neighborhood streets for excessive parking; and WHEREAS, the Council of the City of San Luis Obispo has determined that the restriction of nonresident parked vehicles on the neighborhood streets will improve pedestrian and vehicular safety and allow residents to gain proper access to their residences; and WHEREAS, the majority of the residents living on the 1500 - 1700 block of Fredericks and the 1700 block of McCollum have petitioned to be included' in the Greater Alta Vista Residential Parking. Permit District; and WHEREAS, the Council of the City of San Luis Obispo has held a public hearing to consider the changes to the parking district and permit distribution and has determined limiting the parking of vehicles along the streets in the area to vehicles registered or controlled and exclusively used by persons residing in the area is necessary in order to preserve the quality of life as defined in resident petition and approved by a sixty percent majority of persons residing in the area. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 9283 (2002 Series) is hereby rescinded. SECTION 2. Pursuant to Section 10.36.170 et. Seq. of the San Luis Obispo Municipal Code the residential parking permit district boundaries and hours are hereby established as shown on Exhibit A. SECTION 3. No vehicle other than vehicles providing services to the Greater Alta Vista District or having a permit clearly displayed on the dashboard on the driver's side of the vehicle shall park on any street within the hashed area from 2:00 a.m. to 10:00 p.m., Monday through Friday and the remaining district boundaries (shown in the shaded area) shall restrict parking from 2:00 a.m. to 5:00 p.m., Monday through Friday. R 9455 Resolution No. 9455 (2003 aeries) O Page 2 SECTION 4. The Public Works Department shall be directed to post the district with signs that clearly indicate these restrictions. SECTION 5. The Parking Division shall issue residential parking permits on demand as permitted in Section 10.36.220 of the Municipal Code. Permits shall be issued for a year effective September 15`s of each year. Upon motion of Council Member Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 3rd day of June 2003. Mayor David F. Romero A TTU, ` Lee Price, C.M-.C. City Clerk APPROVED AS TO FORM: J&att an P. Lowell, City Attorney ff ...... ....... Ok Exhibit A wi w ....... ....... .. . .... ... 00 I ci Twry vi nD 0 M RESOLUTION NO. 9454 (2003 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING THE FEE STRUCTURE FOR THE LAGUNA LAKE GOLF COURSE AND RESCINDING RESOLUTION NO. 9316 (2002 Series) WHEREAS, it is the policy of the City of San Luis Obispo to review program fees on an ongoing basis; and WHEREAS, those fees are adjusted as required to ensure they remain equitable and adequate to cover the cost of providing services; and WHEREAS, a comprehensive analysis of the Golf Course Fund was performed for fiscal year 2003-04. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: 2003. SECTION 1. Resolution No. 9316 (2002 Series) is hereby rescinded, effective July 1, SECTION 2. The following green fees shall be as follows; effective July 1, 2003: LAGUNA LAKE GOLF COURSE FEES Senior/Youth/Student Weekdays: General Weekdays: Senior/Youth/Student Weekends: General Weekends: Senior/Youth/Student 10 -Play Card: General 10 -Play Card: Twilight Rate: Proposed rate _ 2 oa 9 -holes $6.25 $4.25 $8.25 $4.25 $7.00 $4.25 $9.00 $4.25 $57.50 $67.50 $4.00 SECTION 3. The fees for the driving range, wholesale goods, lessons, and other special activities and promotions shall be set by the Director of Parks and Recreation and the Golf Course Supervisor. R 9454 0 0 Resolution No. 9454 (2003 Series) Page 2 Upon motion of Council Member Ewan, seconded by Vice Mayor Mulholland, and on the following roll call vote: AYES: Council Members Ewan and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: Council Member Schwartz the foregoing resolution was adopted this 29th day of May 2003. City Clerk APPROVED AS TO FORM: than Lowell, City Attorney Mayor David F. Romero ��- ►�- � O �� o • RESOLUTION NO. 9453 (2003 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2289 WHEREAS, the City Council made certain findings concerning Tract 2289, as prescribed in Resolution No. 8957 (1999 Series); and WHEREAS, the City Council approved the final map for Tract 2289 per Resolution No. 9148 (2001 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2289, in accordance with City standards, specifications and the subdivision agreement, and has requested acceptance of the public improvements for maintenance and operation by the City. NOW THEREFORE, the City Council hereby accepts the public improvements for Tract No. 2289. The current Faithful Performance surety is hereby reduced to $95,000, being ten percent of the total cost of the public improvements, to be held for one year from this date, in accordance with the subdivision agreement. The Labor & Materials surety may be released at this time, since the conditions of Section 66499.7 of the California Government Code have been met. On motion of Council Member Settle, seconded by Vice Mayor Mulholland and on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 2e day of May 2003. Mayor • F. Romero ATTEST; Lee Price, C.M.C. City Clerk APPROVED AS TO FORM JGn Lowell, City Attorney R 9453 O K RESOLUTION NO. 9452 (2003 Series) RESOLUTION APPPROVING REQUEST FROM BEACH CITIES CAB COMPANY TO MODIFY THEIR SCHEDULE OF RATES WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi service for it's citizens; and WHEREAS, Central Coast Taxicab and Beach Cities Cab Company are the current taxi operators in the City of San Luis Obispo; and WHEREAS, the City has received an application from Beach Cities Cab Company to increase their schedule of rates; and NOW THEREFORE, BE IT RESOLVED that the City Council approves the schedule of rates from Beach Cities Cab Company in Exhibit A. On motion of Council Member Settle, seconded by Council Member Ewan, and on the following roll call vote: AYES: Council Members Ewan, Schwartz and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 6`s day of May 2003. Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk Gilbert A:' Trujillo Acting City Attorney R 9452 C- o Resolution No. 9452 (2003 Series) Exhibit A Beach Cities Cab Company Schedule Of Rates Fee Type Fee Pick Up $ 2.50 Per Mile $ 2.00 Wait Time $25.00 Credit Card Use $ 4.00 6. Y,,�� 0 0 Jj i� RESOLUTION NO. 9451 (2003 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE PROPOSED COMMERCIAL ZONING REVISIONS PROJECT R/TA/GPR/GPA/ER 32 -02 (Citywide) 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 May 6, 2003, for the purpose of considering Application R/TA/GPR/GPA/ER 32 -02, a series of changes proposed to the City's Zoning Regulations and General Plan to modernize and enhance standards for commercial development; and WHEREAS, the Planning Commission of the City of San Luis Obispo reviewed the proposed revisions on February 12, 2003, and on March 26, 2003 for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has considered the Negative Declaration for the project and believes that the environmental document adequately addresses the potential environmental impacts of the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1. Findings. Based upon all the evidence, the Council makes the following findings: The Proposed Commercial Zoning Revisions will not harm the general health, safety or welfare of people living or working in San Luis Obispo because the changes are intended to implement existing policies of the General Plan by promoting a compact urban form, reducing vehicle trips, and conserving land area and resources. 2. The Proposed Commercial Zoning Revisions will not become effective until companion General Plan amendments are adopted to insure consistency between the Zoning Regulations and the General Plan. 3. The Initial Study of Environmental Impact adequately evaluates all of the potential impacts of the project and concludes that a Negative Declaration is appropriate because there are no significant effects associated with the project. R 9451 Resolution No. 9451 (2003 Series) Page 2 Section 2. Action. The Council does hereby approve the Proposed Commercial Zoning Revisions, including Exhibit 1 of this Council Resolution, and directs staff to return to Council on a date uncertain with resolutions approving the proposed General Plan Text Amendments and General Plan Map Amendments and ordinances adopting the proposed Municipal Code Text Amendments and Zoning Map Amendments. On motion of Council Member Ewan, seconded by Council Member Settle and on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 6t' day of May 2003. i Mayor David F. Romero ATTEST: Lee Price, C.M.C. City Clerk APPROVED AS TO FORM / 1 2-10 i- 'lbert A. ujillo, Acting City Attorney C O EXHIBIT 1 Resolution 9451 (2003 Series) Zoning Regulations Amendment for Consistency with Airport land Use Plan 17.22.010 Uses allowed by zones. A. Status of Uses. Uses within zones shall be as provided in the - fellewring- s Table 9, subject to parts B through G below. In Table 9, symbols shall have these meanings: A— The use is allowed; D— If the director approves an administrative use permit as provided in Sections 17.58.020 through 17.58.080, the use may be established; PC—If the planning commission approves a use permit as provided in Sections 17.58.020 through 17.58.080, the use may be established; A/D— The use is allowed above the ground floor. If the director approves an administrative use permit, it may be established on the ground floor. Special notes affecting the status of uses, indicated by number in the fe"GWi#g- -skt Table 9, may be found at the end of the obaft the table. B. Interpretation of Use Listing. These regulations are intended to permit similar types of uses within each zone. The director, subject to the appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall be deemed allowed or allowed subject to use permit approval in a certain zone. This interpretation procedure shall not be used as a substitute for the amendment procedure as a means of adding new types of uses to a zone. C. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are allowed with principal uses. D. Production and Sales. Where manufacturing is allowed, incidental sale of items made on the premises is allowed. When sale of a particular type of item is allowed, craftsman -type production of such an item for sale on the premises is allowed. E. Public School Uses. See alse Section 17.36.030 concerning uses which may be established within public schools. F. Prohibition of Drive- through Facilities. Drive - through facilities are not allowed in any zone. G. Airport Land Use Plan Consistency. Some land subject to City zoning is also subject to the Airport Land Use Plan, which is adopted and amended from time to time by the San Luis Obispo County Airport Land Use Commission (Figure _J. The Airport Land Use Plan establishes additional limitations on uses, which do not apply to City - adopted zones outside the area subject to the Airport Land Use Plan. Table 9 is to be applied consistently with the Airport Land Use Plan on land subject to that plan. Specifically, the following provisions shall apply. 1. Prohibited Uses. No use shall be established which: a. Entails installation, construction, or enlargement of a structure that would constitute an obstruction to air navigation, as defined in the Airport Land Use Plan, except as may be approved by the Airport Land Use Commission and the Federal Aviation Commercial Zoning Update J Airport Land Use Plan Consistency Language. Page 2 Administration; b. Entails a risk of physical injury to operators or occupants of aircraft (such as outdoor laser light shows); c. Causes smoke or vapors, lighting, illumination, or reflective glare, or an electromagnetic disturbance that would interfere with aircraft navigation or communication; d. Attracts birds to the extent of creating a significant hazard of bird strikes (examples are outdoor storage or disposal of food or grain, or large, artificial water features; this provision is not intended to prevent enhancement or protection of existing wetlands or the mitigation of wetlands impacts). e. Is not allowed by the noise policies of the Airport Land Use Plan, subject to modified provisions for the Margarita Specific Plan Area; f. Is not allowed by the Airport Land Use Zones (numbered 1 through 6) and the associated Land Use Matrix, subject to modified provisions for the Margarita Specific Plan Area; g. Is not allowed by the Airport Safety Areas and associated safety policies, subject to modified provisions for the Margarita Specific Plan Area. 2. Conditionally Approvable Uses. No use listed as "conditionally approvable" by the Airport Land Use Plan's Land Use Matrix shall be established until the City has referred the proposed use to the Airport Land Use Commission and that commission has rendered a written determination that the use will be consistent with the Airport Land Use Plan. If a use permit is required by Table 9 of the City's Zoning Regulations, the Airport Land Use Commission's determination must be received by the City before the City acts on the use permit. If a use listed as "conditionally approvable" by the Airport Land Use Plan is shown as allowed by Table 9, that use shall be subject to City approval of an administrative use permit following a referral to, and determination by, the Airport Land Use Commission. City approval of the use permit shall incorporate conditions or relevant project description identified by the Airport Land Use Commission in making its determination. The Airport Land Use Commission may determine that a use listed as "conditionally approvable" cannot be made consistent through the incorporation of reasonably available conditions, in which case the use permit shall be denied. 3. Uses not listed in the Airport Land Use Plan. For uses listed in Table 9 but not in the Airport Land Use Plan, the director shall determine which use listed in the Airport Land Use Plan is most similar and the resultant status of the use. The director may consult with the Airport Land Use Commission in making such determinations. 4. Notwithstanding section 17.22.010G. above, the provisions of this section are not intended to supercede the provisions of Article 3.5 of the Public Utilities Code commencing with section 21670. Commercial Zoning Update n Airport Land Use Plan Consist,---y Language Page 3 Area Not Subject to Airport Land Use Plan i Ave Southwood Dr Area Subject to port Land Use Plan Airport Land Use Planning Area Boundary G m atteso /airporta/comzone. doc �l 10 RESOLUTION NO. 9450 (2003 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ISSUANCE OF BONDS BY THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO FOR THE PURPOSE OF PROVIDING FINANCING FOR A RESIDENTIAL RENTAL HOUSING FACILITY SPONSORED BY THE SAN LUIS OBISPO NON - PROFIT HOUSING CORPORATION DEL RIO TERRACE APARTMENTS WHEREAS, the Housing Authority of the City of San Luis Obispo (the "Authority ") is authorized by Chapter 1 of Part 2 of Division 24 of the Health and Safety Code of the State of California, as amended (the "Law "), to issue bonds to finance housing developments as specified in the Law; and WHEREAS, the San Luis Obispo Non - Profit Housing Corporation, a California nonprofit public benefit corporation (the "Corporation ") has requested that the Authority use its powers under the Law to issue bonds (the "Bonds ") and use the proceeds of the Bonds to make a loan (the "Project Loan ") to Johnson DRT Associates, a California limited partnership (the "Borrower ") of which the Corporation is the sole general partner, to enable the Borrower to finance the acquisition and construction of a 40 -unit residential rental housing facility for seniors and one manager's unit to be located at 2005 Johnson Avenue in the City of San Luis Obispo (the "Project "); and WHEREAS, a portion of the housing units in the Project will be rented to persons and families of very low income as required by the Law and the Internal Revenue Code of 1986, as amended (the "Code "); and WHEREAS, the Bonds will be considered to be "qualified exempt facility bonds" under Section 142(a) of the Code, and Section 147(f) of the Code requires that the "applicable elected representative" with respect to the Authority approve the issuance of the Bonds by the Authority following the holding of a public hearing with respect thereto; and WHEREAS, the Authority has determined that the Council of the City is the "applicable elected representative" to approve the issuance of the Bonds by the Authority; and WHEREAS, the City will not be a party to any of the .agreements or other documents relating to the financing of the Project, and neither the financing of the Project nor the issuance of the Bonds will impose any legal, financial or moral obligation upon the City with respect to the financing of the Project; and WHEREAS, notice of said public hearing has been duly given as required by the Code, and the Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the location, construction, operation and financing of the Project and the Authority's issuance of the Bonds and the Authority's loan of the proceeds thereof to the Borrower; and R 9450 C� O Resolution No. 9450 (2003 Series) Page 2 WHEREAS, it is consistent with the General Plan, in the public interest and for the public benefit that the Council approve the issuance of the Bonds and the Project Loan for the aforesaid purposes. NOW, THEREFORE, BE IT RESOLVED the Council of the City of San Luis Obispo, as follows: Section 1. The Council of the City of San Luis Obispo hereby approves the issuance of the Bonds by the Authority under the Law and the Code in the amount of approximately four million dollars ($4,000,000) for the purpose of providing funds to make the Project Loan to the Borrower to enable the Borrower to finance the acquisition and construction of the Project. Section 2. This Resolution shall take effect immediately upon its adoption. On motion of Council Member Schwartz, seconded by Vice Mayor Mulholland and on the following roll call vote: AYES: Council Members Ewan, Schwartz, and Settle, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 6d day of May 2003. Mayor David F. Romero City Clerk APPROVED AS TO FORM 6fL ilbert A. Trujillo, Acting City Attorney iz�s ivy 9 - i�,� -��c�� • • JD� �� (711, 1