HomeMy WebLinkAbout9576-9583RESOLUTION NO. 9583 (2004 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AMENDMENTS TO THE 2003 -05 FINANCIAL PLAN AND
APPROPRIATING FUNDS FOR FISCAL YEAR 2004 -05
WHEREAS, the Council adopted the 2003 -05 Financial Plan on June 17, 2003, which
established comprehensive financial and policy guidelines for fiscal years 2003 -04 and 2004 -05;
and
WHEREAS;-the 2003 -05 Financial Plan included appropriations for fiscal year 2004 -05;
and
WHEREAS, the Council has reviewed proposed changes to the 2003 -05 Financial Plan to
be effective for fiscal year 2004 -05 after holding noticed public hearings; and
WHEREAS, the City Administrative Officer has submitted the 2003 -05 Financial Plan
Supplement and Preliminary 2004 -05 Budget to the Council for their review and consideration.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo hereby approves amendments to the 2003 -05 Financial Plan and appropriates funds for
fiscal year 2004 -05.
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and
on the following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 15' day of June, 2004.
Mayor David F. Romero
ATTEST:
Diane Reynold , .M.C.
Deputy City Clerk
R 9583
� i 1
Resolution No. 9583 (2004 Series)
Page 2
APPROVED AS TO FORM:
Jonat . Lowell
City Attorney
r /, vk� O O
C1
RESOLUTION NO. 9582 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING WATER AND WASTEWATER IMPACT FEES
WHEREAS, Chapter 4.20.140 of the City of San Luis Obispo Municipal Code
establishes water and wastewater connection fees, hereinafter referred to as impact fees, and
provides for the setting of fee amounts and other matters by resolution of the Council; and
WHEREAS, the Council has approved the WASTEWATER SYSTEM MASTER PLAN
which identify needed improvements to the City's sewer systems to meet General Plan build -out;
and
WHEREAS, implementation of the Wastewater System Master Plan requires the
construction of a new wastewater lift station on Tank Farm Road to serve existing and new
development in the Airport/ Margarita, Orcutt and Broad Street areas, and ,
WHEREAS, updated cost information for the Tank Farm lift station necessitates
updating the area specific "add -on" fees to address new development's share of the increased
cost for the lift station, and
WHEREAS, on February 10, 2004 the Council for the City of San Luis Obispo directed
staff to proceed with participation in the NACIMIENTO PIPELINE WATER SUPPLY
PROJECT to provide additional water supplies for new development and service reliability for
existing customers, and
WHEREAS, an analysis of the required amendments to both the water and wastewater
impact fees to support the City's participation in the Nacimiento Pipeline Water Supply Project
and the implementation of the Wastewater Master Plan Tank Farm lift station has been
completed and amended fees identified as included in the attached Exhibits A and B,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as that:
SECTION 1. Findings.
a. The purpose of water and wastewater impact fees is to protect the public health, safety,
and general welfare by providing adequate water supply, treatment, distribution, and wastewater
collection and treatment facilities to satisfy the needs of new development and to mitigate the
impacts of new development on the City's water and wastewater facilities and improvements.
b. The water and wastewater impact fees collected pursuant to this resolution shall be used
only to pay for facilities and improvements identified in the impact fee analysis and shall not be
in lieu of any other fee or tax as may be required by the Municipal Code.
R 9582
0 C
Resolution No. 9582 (2004 Series)
Page 2
C. There is a reasonable relationship between the types of development on which the impact
febs are imposed and the use of the impact fees and the need for the facilities and improvements.
All new development requires adequate water supply, treatment and distribution as well as
wastewater collection and treatment facilities to protect the public health and safety.
d. There is a reasonable relationship between the amount of the fee and the cost of the
facilities and improvements attributable to the developments on which the fees are imposed. The
estimated costs of facilities and improvements, including financing costs, to be paid for by
connection fees as shown in the February 25, 2002, Water and Wastewater AB 1600 Fee Study
Update prepared by David Taussig and Associates Inc., and amended by the June 2004
Wastewater Development Impact Fees analysis prepared by City of San Luis Obispo Utilities
Department, and the June 2004, Water Development Impact Fees study prepared by the City of
San Luis Obispo Department of Finance and Information Technology, have been allocated to
new development on the basis of dwelling unit type (residential) or water meter size and
estimated strength of sewer system discharge (non - residential), which are reasonably related to
the water and wastewater facility capacity consumed by a development project.
SECTION 2. Cost Estimates.
At any time that the actual or estimated costs of facilities identified in the impact fee analysis
changes, the Finance Director shall review the impact fees and determine whether the change
affects the amount of the impact fees. If the impact fees are significantly affected, the Finance
Director shall, within thirty (30) days, recommend to the Council a revised fee for their
consideration.
SECTION 3. Amount of Impact Fees
Effective September 1, 2004, water and wastewater impact fees shall be in the amounts set forth
in Exhibits A and B attached hereto. Unless otherwise acted upon by the Council, the amount of
the fees will automatically be adjusted on July 1 of each subsequent year by the annual
percentage change in the U.S. Bureau of Labor Statistics consumer price index for all urban
consumers (CPI -U), all- cities average for the prior calendar year. Since the facilities and
improvements for which connection fees are charged will be financed through bonds or other
form of debt, the annual adjustments are indexed to consumer prices rather than construction
costs.
Resolution No. 9582 (2004 Series)
Page 3
SECTION 4. Time of Payment
a. Impact fees for any development project or portion thereof shall be payable prior to
issuance of building permits required for that development, and shall be collected by the Building
Official. Under Government Code Section 66007(b), the City is authorized to collect the fees at
the time of building permit issuance because the fees are for public facilities and improvements
for which an account has been established and funds appropriated, and for which the City has
adopted a proposed construction schedule; or the fees are to reimburse the City for expenditures
previously made.
b. For any development project or portion thereof, impact fees shall be assessed at the time
of application and remain valid for as long as the application is proceeding through valid
processing as per the Uniform Administrative Code.
SECTION 5. Exemptions
a. Fire Protection. Upgrading existing water serves and/or meters for the sole purpose of
providing new or improved fire protection facilities shall be exempt form any impact fee
provided for in this resolution.
b. Landscape Irrigation. Any water services and/or meters installed solely for landscape
irrigation purposes for properties with existing water service shall be exempt from any impact
fees provided for in this resolution. However, if an increase in water demand is required, the
Utilities Director shall impose a water impact fee.
SECTION 6. Separate Accounts
The Finance Director shall deposit fees collected under this resolution in a separate water
connection fee and wastewater connection fee accounts as required by Government Code Section
66006. Within sixty (60) days of the close of each fiscal year, the Finance Director shall make
available to the public an accounting of the fund, and the City Council shall review that
information at its next regular public meeting.
Upon motion of Council Member Settle, seconded by Vice Mayor Schwartz,
and on the following roll call vote:
AYES:
Council Member Ewan and Settle and Mayor Romero
NOES:
Council Member Mulholland and Vice Mayor Schwartz
ABSENT:
None
R 9582
Ic
Resolution No. 9582 (2004 Series)
Page 4
The foregoing resolution was adopted this 15`h day of June, 2004.
Mayor David F. Romero
ATTEST:
Diane Reyno s, C.M.C.
Deputy City erk
APPROVED AS TO FORM:
Jo Lowell
City Attorney
Exhibit A
WATER DEVELOPMENT IMPACT FEE
Effective September 1, 2004
* Equivalent Dwelling Unit
Area-Specific
"Add-On"
Airport
EDU*
Citywide
Margarita
Residential: Per UniE °' ;: y
7--
Single Family ResidehfW
1.0
$ 13,967
$ 779
Multi-Family Residential
0.8
11,174
623
Mobile Home
0.7
9,777
545
N6if-RiMddntiak_Mdi6r,'S ke�_
% Inch
1.0
13,967
779
1 Inch
2.0
27,934
1,558
1% Inch
4.0
55,868
3,116
2 Inch
6.4
89,389
4,986
3 Inch
14.0
195,538
10,906
4 Inch
22.0
307,274
17,138
6 Inch
45.0
628,515
35,055
* Equivalent Dwelling Unit
10
O
Exhibit B
WASTEWATER DEVELOPMENT IMPACT FEES
Effective September 1, 2004
* Equivalent dwelling unit
** Citywide non - residential EDU is adjusted upwards by about 3.5% to account for higher discharge strengths
Area•Speciric "Add -On"
Airport
Dalidio
Margarita
Madonna
Irish
EDU*
Citywide
Edna -Islay
McBride
Hills
Orcutt
Residential
Per Unit
Single Family Residential
1.0
3,377
1,489
216
383
2,717
Multi - Family Residential
0.8
2,702
1,191
173
306
2,174
Mobile Home
0.7
2,364
1,042
151
268
1,902
Non - Residential
Meter Size **
3/4 Inch
1.0
3,495
1,489
216
.383
2,717
1Inch
2.0
6,990
2,978
432
766
5,434
1''A Inch
4.0
13,980
5,956
864
1,532
10,868
2Inch
6.4
22,368
9,530
1,382
2,451
17,389
3Inch
14.0
48,930
20,846
3,024
5,362
38,038
4Inch
22.0
76,890
32,758
4,752
8,426
59,774
6Inch
45.0
157,275
67,005
9,720
17,235
122,265
* Equivalent dwelling unit
** Citywide non - residential EDU is adjusted upwards by about 3.5% to account for higher discharge strengths
��Irri V � LNiv'~ O
V�\
1
•
Z
l � �
RESOLUTION NO. 9581 (2004 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A GENERAL PLAN AMENDMENT AND REZONE FOR PROPERTY
LOCATED AT 1661 MILL STREET (GP/R/ER 37 -04)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on May 12, 2004, and recommended approval of Application GP/R/ER 37-04, a
request to amend the City's Land Use Element Map and Zoning Map designations from Medium
Density Residential (R -2) to Tourist Commercial Special Considerations (C -T -S); and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 15,
2004, for the purpose of considering Application GP/R/ER 37 -04; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact for 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:
1. The proposed rezoning is consistent with General Plan Land Use Element policies
regarding Residential zoning and Commercial zoning, which place a priority on
preserving residential uses and considering the impact of commercial uses adjacent to
residential uses. The rezoning is appropriate at this site since it will not introduce new
detrimental commercial uses into a sensitive residential area. Instead it will allow the
existing use to conform.
2. The City Council finds and determines that the project's mitigated Negative Declaration
adequately addresses the potential significant environmental impacts of the proposed
project, and reflects the independent judgment of the Council.
3. The existing property is not conducive to residential development since it is a very small
site at the edge of the C -T district and an existing similar use. Furthermore the site is
separated from other residential uses by a creek and a public street.
R 9581
C� O
Resolution No. 9581 (2004 Series)
Page 2
4. The Special Considerations overlay zone will allow adequate review of uses on this site
in the future to ensure compatibility with the residential neighborhood, the creek, the
flood zone, and to ensure adequate parking and access.
Section 2. Action. The Council does hereby approve the proposed General Plan
amendment and Rezone in concept, and directs staff to return the project to Council on July 6,
2004, with a resolution approving a Mitigated Negative Declaration of environmental impact and
amendment to the General Plan Land Use Element Map, and an ordinance changing the zoning
of the subject property.
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and
on the following roll call vote:
Ayes: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 15`h day of June, 2004.
Ad
Mayor David F. Romero
ATTEST:
1 6/1 (&Z't' gos:]��
Diane Reynolds C. .C.
Deputy City Cle
APPROVED AS TO FORM:
Jon6=IvLowell
City Attorney
Gam, 2 O O
CL,k)
... Vie. rya R ��•..��'q._�e . �'
RESOLUTION NO. 9580 (2004 SERIES)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING APPLICATION FOR GRANT FUNDS FROM
THE CALIFORNIA STATE COASTAL CONSERVANCY
FOR THE PROJECT KNOWN AS AHEARN PROPERTY ACQUISITION
WHEREAS, the Legislature of the State of California has established the California State
Coastal Conservancy under Division 21 of the California Public Resources Code, and has
authorized the Conservancy to award grants to public agencies and nonprofit organizations to
implement these provisions; and
WHEREAS, grants are awarded under eligibility guidelines adopted by the Conservancy;
and
WHEREAS, procedures established by the Conservancy require the applicant to certify by
resolution approval -of the application and of listed assurances prior to submission of such
application to the Conservancy for an award of grant funds; and
WHEREAS, the applicant, if selected, will enter into an agreement with the State of
California for acquisition or development of the project;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes the filing of an application for funding by the Conservancy;
2. Agrees to the Assurances required;
3. Certifies that said applicant will make adequate provision for acquisition, operation
and maintenance of the project; and
4. Appoints the City Administrative Officer as agent of the City to conduct all
negotiations, execute and submit all documents, including, but not limited to,
applications, agreements, amendments, payment requests and so on, which may be
necessary for the completion of the aforementioned project.
On motion of Council Member Settle, seconded by Council Member Mulholland and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
R 9580
C O
Resolution No. 9580 (2004 Series)
Page 2
The foregoing resolution was adopted this 15th day of June 2004.
ATTEST:
Diane Reynol .M.C.
Deputy City Clerk
APPROVED AS TO FORM:
Jona . Lowell
City Attorney
. �`
��
l�%�' '�
��.�"�'
i�,. � ,•
n
RESOLUTION NO. 9579 (2004 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING EQUIPMENT AS SURPLUS PROPERTY
WHEREAS, the City Charter requires that the Council approve the sale or disposal of
surplus property with an estimated value greater than $100; and
WHEREAS, the Department of Public Works and Parks & Recreation have identified
equipment no longer needed by the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The following items are no longer need by the City and are surplus
property:
1. Western Manufacturing Lathe
2. 1986 Ford 4x4 Ranger pickup truck
3. Seven -foot Olhausen pool table
4. Seven -foot Murray pool table
SECTION 2. Disposal of the property shall be made by sale at public auction or by
another method of disposal in accordance with the City's surplus property policy as determined
by the Director of Finance and Information Technology to be in the best interest of the City.
Upon motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Ewan,
and Mayor Romero
NOES: None
ABSENT: None
Mulholland and Settle, Vice Mayor Schwartz
R 9579
0 0
Resolution No. 9579 (2004 Series)
Page 2
The foregoing resolution was adopted this 15th day of June, 2004.
Mc[ ay��or David F. Romero
ATTEST:
Diane Reynol .M.C.
Deputy City Clerk
APPROVED AS TO FORM:
Jona . Lowell
City Attorney
11
1�J
���' ���L
/�l
�4��. • i
(3
RESOLUTION NO. 9578 (2004 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE APPROPRIATIONS LIMIT FOR 2004-05
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 2004 -05 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 2004 -05 as
follows:
Appropriations Limit: 2003 -04 $36,865,900
Cost of Living Factor: Percent change in California per capita income 3.28%
Population Factor: County Population Growth 1.15%
Compound Percentage Factor (multiplicative not additive) 4.47%
Appropriations Limit: 2004 -05 $38,513,100
Upon motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following roll call vote;
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15`h day of June, 2004.
Mayor David F. Romero
ATTEST:
Diane Reynol i, C M.C.
Deputy City Cler c
R 9578
Resolution No. 9578 (2004 Series)
Page 2
APPROVED AS TO FORM:
Jo at
haill
P. Lowell
City Attorney
[0
RESOLUTION NO. 9577 (2004 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE CAO TO APPROVE AGREEMENTS WITH THE SAN LUIS OBISPO
COUNTY FLOOD CONTROL DISTRICT ZONE 9 FOR REIMBURSEMENT STREAMBED
CLEARING AND EXOTICS CONTROL/RE- VEGETATION PROGRAM
WHEREAS, the County administers the funds of the San Luis Obispo County Flood Control
and Water Conservation District Zone 9, and
WHEREAS, the City administers creek maintenance programs within Zone 9 on an annual
basis, and
WHEREAS, the County yearly budgets within the Zone 9 program to fund the programs
administered by the City, and
WHEREAS, the routine and yearly nature of these agreements require no debate by the City
Council or input.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that the City Council of the City of San Luis Obispo hereby authorizes the CAO to approve annual
agreements with the San Luis Obispo County Flood Control and Water Conservation District Zone 9
providing for the reimbursement of City funds spent for Streambed Clearing and Exotics Control/Re-
vegetation Program approved in the Zone 9 budget.
Upon motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15`t` day of June, 2004.
R "I NO
ATTEST:
� 2 Iw
Diane Reynol s, .M.C.
Deputy City Clerk
M %1%
n
Resolution No. 9577 (2004 Series)
Page 2
APPROVED AS TO FORM:
mv , rmm,
City Attorney
(V'j2W
�L }ivv
C,� 4r
AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT ZONE 9 AND THE
CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING
AND EXOTICS CONTROL/REVEGETATION PROGRAM,
This Agreement entered into the _ day of 2004, between the San
Luis Obispo County Flood Control and Water Conservation District, Zone 9 (hereinafter
referred to as "Zone-9 ") and the City of San Luis Obispo (hereinafter referred to as
"City");
WITNESSETH
WHEREAS, Flood Control Zone 9 includes the San Luis Obispo Creek
(hereinafter sometimes referred to as "SLO Creek ") watershed; and
WHEREAS, The City of San Luis Obispo is wholly contained within this watershed
and the Zone 9 boundaries: and
WHEREAS, by coordinating activities the City and Zone 9 can more economically
address issues within the watershed; and
WHEREAS, such a cooperative program has been successfully completed in the
past several fiscal years: and
WHEREAS, this cooperative program has .been further enhanced with assistance
and personnel from the California Conservation Corps and California Men's Colony; and
WHEREAS, Zone 9 activities include stream maintenance and exotic species
control; and
WHEREAS, the 2004/2005 budget proposes to appropriate $100,000 for
streambed maintenance and exotic weed eradication /revegetation;
NOW, THEREFORE, in consideration of the mutual covenants, conditions,
promises and agreements herein set forth, Zone 9 and the City mutually covenant and
agree as follows:
A.____ _STREAMBED MAINTENANCE AND EXOTICS CONTROUREVEGETATION
PROGRAM:
1. City and Zone 9 will work cooperatively to identify and prioritize maintenance and
exotic control /revegetation sites throughout the San Luis Obispo Creek watershed.
2 -. Zone 9 will provide funds to the City for the City to accomplish the streambed
maintenance, exotic control and revegetation programs within Zone 9, as follows:
The City shall be provided not more than $100,000 of the funds budgeted in Zone
9 in the 2004 -05 fiscal year for the streambed maintenance program and for the
Giant Reed control and revegetation program for the 2004 -05 Fiscal Year.
3. Zone 9 will reimburse the City, within the limits set forth. in Paragraph A2 above,
upon receipt of evidence of work performed and monthly statements submitted for
payment.
4. Routine maintenance work performed under this agreement will include removal of
debris and vegetation which adversely affects the capacity of waterways or which
might be more difficult or costly to remove if moved by flood flows to different .
locations where it will cause damage to the creek or flooding to adjacent improved
property.
Exotics control /revegetation work. performed under this agreement will include
removal and proper disposal of detrimental exotic plants from throughout the
watershed. Revegetation projects shall be selected to minimize damage from
flood flows or for restoration after removal of exotic plants. City and Zone 9 will
work jointly in acquiring permits for shared projects and independently for projects
solely within their respective jurisdictions.
5. The streambed maintenance program is a flood control program and City shall use
funds provided under this agreement only for this purpose or for education about
this purpose.
6. Consistent with previous practices, there shall be an annual reconnaissance
survey made by City and Zone 9 within their respective jurisdictions of needed
works and such shall be done reasonably before the rainy season so that the
needed streambed clearing program can be carried out prior to the rainy season
with follow -up work done during the rainy season as appropriate.
2
O
7. For control of vegetation the streambed maintenance program may be
accomplished with the use of State Fish & Game approved herbicides.
8. City and Zone 9 shall be responsible for acquiring any landowner permission
needed to accomplish the streambed maintenance program and the exotics
control program within their respective, jurisdictions.
9. The City shall act as the lead agency in complying with the California
Environmental-Quality Act for work done within the City limits..
10. Should the streambed clearing program within the City involve the abatement of
nuisances, the removal of trees, or other obstructions; such shall be performed in
accordance with due process of law under the City's abatement ordinances or
State law and shall be the sole responsibility of City.
B. GENERAL TERMS:.
1. Term. This agreement will terminate on June 30, 2005.
2. Indemnification for Sole. Conduct: Each party hereto shall defend, indemnify
and save harmless the other party and other party's officers, agents and.
employees from and against all claims, demands, liability cost, expense,
damages, causes of action, including but not limited to inverse condemnation and
judgments arising out of the sole negligence or sole intentional acts of the party or
its officers, agents or employees or independent contractors solely responsible to
such party in performing or attempting to perform pursuant to the provisions of this
agreement including both acts and omissions to act..
3. Indemnification for Joint Conduct between Zone 9 and the City. The City shall
defend, indemnify and save harmless Zone 9, and its officers, agents and
employees from and against any and all claims, demands, liabilities, costs,
expenses, damages, causes of action including but not limited to inverse
condemnation and judgments arising out of the joint negligence or joint intentional
acts of City and Zone 9 and their officers, agents, employees or independent
contractors directly responsible to them in performing or attempting to perform
pursuant to the provisions of this agreement including both acts and omissions
and to act provided however that County shall be solely responsible for the
amount of judgment rendered solely against Zone 9 or one of its agents or
employees if such judgment is specifically rendered in court finding of
responsibility by Zone 9 or one of its agents or employees for as act of negligence
3
and City shall not be required to indemnify Zone 9 for such judgment. Likewise
City shall be solely responsible for any judgment, or any portion of any judgment,
rendered solely against it or its agents or employees which is based upon acts or
omission by it or one of its agents or employees.
4. Cooperation. Zone 9 agrees to cooperate with City in the defense of any such
claims or litigations, and the City agrees to cooperate with the County.
IN WITNESS WHEREOF Zone 9 and City have executed this contract on the day
and year first hereinabove set forth.
SAN LUIS OBISPO COUNTY FLOOD CONTROL
AND WATER CONSERVATION DISTRICT, Zone.9
By'
Chairperson of the Board of Supervisors
APPROVED AS TO FORM AND LEGAL EFFECT:
JAMES B. LINDHOLM, JR.
County Counsel
ME
Dated:
ATTEST:
%0 . =,�Ir W74?J�4"
40NA AN LOWELL
Clty'Attorney
CITY OF SAN LUIS OBISPO
ATTEST:.
Clerk, Board of Supervisors
G: \_Stormwater Pro&ams\Zone 9 \Creek Maintenance \City- County Agreements \City- County Creek Maintenance Agreement 2004
05.ioc
E
O O
RESOLUTION NO. 9576 (2004 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.
R 9576
Resolution No. 9576 (2004 Series)
Page 2
Property 0-4- ner
Parcel Number
PAddress
Amount
Michael S. Richardson
001 - 102 -010
290 Broad Street
$
245.02
Georgina G. Walters
053- 300 -020
1286 Chaparral Circle
I $
104.08
Gary Cully
1053- 245 -001
945 Del Rio Avenue
9
i
i
i $
348.87
4
!
James D. Benner
i
;003- 581 -031
I
11910 Fixlini
I
I $
168.36
Justin S. Bradbury
1052- 351 -002
87 Foothill Blvd
$
289.12
Paul B. Knol
1053- 252 -032
189 Granada Drive
E
$
1,078.00
SLOMAC A General Partnership
003 - 743 -001
I
635 High Street
I $
1,382.04
Moody Skeene
003 -687 -071
2151 Sierra Way
E
j $
104.60
Johannah M. Bradley
I
1053- 181 -037
3395 South Higuera #33
#e
j $
264.76
Upon motion of Council Member Settle seconded by Council Member Mulholland and on
the following roll call vote:
AYES: Council Members Ewan, Mulholland and Settle, Vice Mayor Schwartz and
Mayor Romero
NOES: None
ABSENT: None
Resolution No. 9576 (2004 Series)
Page 3
The foregoing resolution was adopted this 15`h day of June, 2004.
ATTEST:
Diane Reyno ds, .M.C.
Deputy City Clerk
APPROVED AS TO FORM:
Jo an P. Lowell
City Attorney
�/ --'`� �
�_ ��
���
"��� G�
� l/
�.,4