HomeMy WebLinkAbout9679-9699RESOLUTION NO. 9699 (2005 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE AMENDED LAGUNA LAKE MASTER PLAN
WHEREAS, Laguna Lake is a unique habitat and an important part of the park system of
the City of Luis Obispo, and
WHEREAS, the Laguna Lake Park Master Plan, adopted in 1993 and amended in 1998,
is the planning document that guides all development in the park, and
WHEREAS, the Parks and Recreation Commission, after an extensive public hearing
process, has recommended to the City Council that the plan be amended, and
WHEREAS, those amendments are of a minor nature, and do not change the overall
intent of the plan,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo does adopt the revised Laguna Lake Park Master Plan, included as Exhibit A 2006.
Upon motion of Council Member Brown. seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown and Mulholland, Vice. Mayor Ewan and
Mayor Romero
NOES: None
RECUSED: Council Member Settle
The foregoing resolution was adopted this 21S` day of June 2005.
Mayor David F. Romero
ATTEST:
r'
Audrey Ho er
City Clerk
c
Resolution No. 9699 (2005 Series) U
Page 2
APPROVED AS TO FORM:
Jon P. Lowell
City Attomey
City of San Luis Obispo 0 Exhibit A 2006
LAGUNA LAKE PARK MASTER PLAN
PROGRAM ELEMENTS AND
DEVELOPMENT GUIDELINES
Laguna
Lake
Nature Park
PREPARED BY:
sedes
site and environmental design
Crawford Multari & Starr
planning • architecture • public policy
Leisure Visions
recreation and tourism planning
June 1993
sedes Crawford, Multari & Starr Leisure Visions
LAGUNA LAKE PARK MAS -i'ER PLAN
PROGRAM ELEMENTS AND
DEVELOPMENT GUIDELINE
TABLE OF CONTENTS
City Council Resolution No. 8183 ................................. ............................... ii
ThePlanning Process ...................................................... ............................... 2
Nature Preserve Concept .................................................. ..............................2
Park Program Elements ................................................... ..............................5
New Park Land Acquisition ............................................. .............................11
Cost Estimate and Phasing ................................................ .............................13
FundingStrategy ............................................................... .............................16
Exhibits
Exhibit A. Active Park and Nature Preserve Limits
Exhibit B. Park Land Acquisition
Appendices
Appendix A — Master Plan Exhibits 1 -5
Appendix B — Initial Analysis and Planning Principals
Appendix C — Programming and Conceptual Alternatives
sedes Crawford, Multari & Starr Leisure Visions
The Planning Process
The first steps in the Laguna Lake Park Master Plan process included public workshops,
opinion surveys and constraint analysis, all leading toward the development of planning
principles. These planning principles, which are contained in a separate document, guided the
preparation of three different park plans. These alternative designs depicted various intensities
of development and combinations of park elements.
After public hearings before the Parks and Recreation Commission, Architectural Review
Commission, Planning Commission and City Council, one of the alternative park designs was
selected for development into a final park master plan.
The final master plan consists of the following components:
❑ Park Master Plan at 1:200 scale.
❑ Active Park Plan at 1:100 scale.
❑ Detail Plans and cross sectional illustrations of major park elements.
❑ the narrative portion in this document including a description of program elements,
land acquisition, cost estimate and phasing plan.
Nature Preserve Concept
The planning process developed a consensus of opinion that because Laguna Lake Park is a
unique scenic and biological resource, recreation uses should be limited to mostly passive
activities and low intensity water sports such as canoeing and sailboarding. In addition, a
major portion of the park should become a nature preserve. Exhibit depicts in a generalized
way the active park limits and the area encompassing the nature preserve.
The final Master Plan includes several design features that will serve to strongly establish the
nature preserve. These include:
• the creation of additional wetlands.
• the re- vegetation of degraded shoreline.
• the creation of a wetland buffer.
• the establishment of vegetated wildlife corridors.
❑ the protection of wetlands by controlled visitor access.
❑ the creation of distinct "portals" for access into the nature preserve.
❑ the creation of an outdoor interpretive display and trail loop for educating the park
users as to the values of the nature preserve.
❑ a new name for the Park: "Laguna Lake Nature Park ".
Each of these elements is described in greater detail under "Park Program Elements ".
To further enhance the nature preserve certain key lands outside the park boundary have been
identified for acquisition, as described under "New Park Land Acquisition ".
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LAGUNA LAKE PARKMASTER PLAN
ACTIVE PARK AND. NATURE PRESERVE BOUNDARI
NORTH '
seder Crawford Multari & S.L= Lelsure Vistons
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Exhibit
r1
Leisure Visions
1
Park Program Elements
N
The following description of program elements is divided into five categories:
1) Overall park experience and motif
2) Passive recreation opportunities
3) Water related recreation opportunities
4) Nature Preserve
5) Maintenance and safety
These categories have accompanying goal statements that express what it is that is intended to
be achieved, and are referenced to the applicable Planning Principles. Each of the program
elements then become the physical means to achieving the goals identified.
1. Overall Park Experience and Motif
Goal: Provide a safe, attractive park in which the built elements emphasize the
overarching character of the park as a natural place. (Planning Principles
40, 41, 42, 43,44, 45, 46, 4 7, 49)
Park Entry:
• construct a massive entry feature utilizing earth berms, native stone walls, tree
and shrub plantings, with a heavy, rustic timber trellage over the road, or as an
altemative approach;
• construct a softer, low key entry using earth berms, masses of naturalistic
boulders, and tree and shrub planting.
• new signage and gates for night closure should be included.
• convert all planting fronting Madonna Road to native ground covers, retaining
small turf or meadow areas only at the gate.
Park Roads and Parking:
• all roadways should be two way with a 20 -foot wide asphaltic concrete paved
surface with two -foot gravel shoulders
• all roadways shall be bounded by horizontal log barriers on both sides to
contain vehicles.
• parking areas should be AC paving in high use areas such as near playgrounds
and the shoreline, and `redrock' surfaced in lower use areas to avoid an overly
paved appearance.
• concrete curbs are not envisioned, however AC berms should be employed as
necessary to convey stormwater.
• remove and realign two existing roadway sections to deemphasize the existing
power transmission towers.
• develop a bus stop in the center of the park to encourage less vehicle use in
the park.
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Restrooms: O
•
• a new standard restroom building should be designed that incorporates
naturalistic materials such as stone, split faced concrete masonry and heavy
timbers.
• design should provide for security and adequate surveillance.
• a changing area and exterior shower for sailboarders should be included.
Handicap Accessibility:
• all restrooms, paths, and picnic areas shall be handicap accessible.
Signage:
• provide direction and locational signage for both vehicular and pedestrian
traffic.
• signage should be wood, designed to be in keeping with the natural motif of
the park.
Turf:
• irrigated turf areas shall be limited to designated areas that serve as passive
recreation zones, such as family picnic and games areas group barbecue areas,
and shoreline activity areas. The use of reclaimed and/or lake water should be
considered for irrigation.
Drainage:
• storm water runoff patterns should be retained as close as practical to existing.
• areas of periodic flooding should not be viewed as undesirable as long as it
does not adversely affect built elements.
• new storm water conveyances should employ natural elements such as rock.
• naturally occurring vegetation related to seasonally boggy areas should be
encouraged.
2. Passive Recreation Opportunities
Goal: Provide a variety of passive recreation opportunities for different age groups
and interests that are compatible with the natural and scenic qualities of the
park. (Planning Principles 24 through 30,33,34,39)
Stabilized Turf Shoreline:
• create a shoreline that is safe and accessible for fishermen, people feeding
ducks, canoe and sailboard beaching, and children playing.
• install a geotextile mat on a recontoured shoreline.
• install turf and automatic irrigation
• shoreline improvements should be along shore segments that are currently
devegetated, however any minor loss in existing shoreline vegetation to create
the turf edge would be compensated by creation of new habitat and wetlands
elsewhere in the park.
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-5
Berms and Windbreaxs:
• create berms in several key locations, using dredge spoils, that will be planted
with California native windbreak trees.
• berms shall be four to six feet high with gentle slopes not exceeding 5:1, and
contoured to appear natural.
• windbreak trees shall not include eucalyptus species, but rather a mix of
native conifers and oaks.
• windbreak trees shall have supplemental irrigation to encourage rapid growth.
Paths:
• the existing paved shoreline road shall be narrowed to 10 feet in paved width
for use as a bike, jogging and walking path.
• all other park paths shall be decomposed granite or gravel surface, 8 feet in
width.
• exercise stations shall be supplied at intervals on designated path loops.
• provide a total of 30 parking spaces for walkers and joggers.
Family Picnic Areas:
• provide family picnic areas in several locations both sheltered and at the
shoreline.
• equipment shall include picnic tables on concrete or decomposed granite pads
and barbecue pits.
• provide parking at a ratio of one space per 2.5 users accommodated, and not
further than about 300 feet from the furthermost edge of the picnic area.
• provide a few sitting areas along Madonna Road for people on lunch breaks.
Group Picnic/Barbecue Areas:.
• in addition to the existing group area, provide a new group area
accommodating about 75 persons, with a barbecue pit.
• develop a shelter or pavilion to cover part of the picnic tables provided.
• provide parking at the ratio of one space per 2.5 users.
• provide turf play areas associated with group areas.
• the group area should be designed to also function as a day camp area for
summertime recreation programs.
Off Leash Dog Area:
• provide an area to all for dogs to use the park off leash..
• location is the grassy area adjacent to the north park restroom.
• use patterns and park development will determine the need to fence the area.
Disc Golf Course:
• provide the opportunity to participate in disc golf.
• a standard course of 18 holes will be located in the park within the active
portion.
• the course shall be designed in such a manner as to blend into the natural
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Games:
environmenfl"o� f the park.
• game areas including volleyball and horseshoes facilities shall be developed
associated with the group and family picnic areas.
Commemorative Grove:
• continue to develop and expand the grove to the north and east.
3. Water Related Recreation Opportunities
Goal: Maintain and improve the desirability and utility of the lake for low impact
water activities including low power fishing craft, canoes, sailboats and sail
boards. (Planning Principles 1,3,10,28)
Launch and Docks:
• maintain and improve access to the existing boat launch ramp and docks.
• provide an open turf area near parking for sailboard rigging.
• provide several parking spaces for vehicles .with boat trailers.
• develop a trail from the sailboard rigging area to the western point along the
peninsula currently used for sailboard launching.
• provide a stabilized turf shore for sailboard landing and novice launching.
Shoreline Users:
• create a sheltered cove and turf shore by shoreline excavation, berming and
windbreak planting for the use of water sport participants and their families.
• provide a fishing dock at the southerly end of the lake.
• provide a total of 30 to 40 parking spaces for water and shoreline users.
4. Nature Preserve
Goal: Maintain and enhance the natural vegetative and wildlife characteristics of
the wetland and hillside areas of the Park providing for meaningful, but
sustainable, human enjoyment of these areas.
(Planning Principles: 2,4,6,8,9,11,12,13,16 through 23)
Revegetated Shoreline:
• revegetate degraded areas of the southern shoreline along the active portion of
the park with dense, native, wetland plants such as willows and blackberry.
• the revegetation and improvement of degraded areas will compensate for any
loss of wildlife value from the creation of stabilized turf shore along portions
of the south shoreline for recreational use.
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o •
New Wetlands:
• excavate approximately two acres of land at the end of the "peninsula inlet" to
an elevation such that standing water is extended about 100 feet east and
seasonal inundation is extended about 600 feet east, creating new wetlands
(marsh).
• excavate a 20 foot wide channel across the base of the peninsula making it an
island accessible only by footbridge.
Wetland Buffer:
Trails:
• remove grazing and existing cattle fences from the Park.
• designate a wetland buffer between the existing marsh edge and the 125
elevation contour (highest inundation level) of about 100 to 200 feet in width.
• plant willows, cottonwoods, sycamore and.oak trees in the buffer.
• provide a nature /jogging trail along the edge of the wetland buffer, separated
by a low wood rail fence screened with wire mesh to keep dogs out of the
wetland.
• trails on slopes less than 15% are suitable for jogging and should be surfaced
with smooth decomposed granite or gravel.
• trails for jogging shall be eight feet wide.
• hillside trails shall be a maximum of three feet wide, and unsurfaced.
Construction must include stone or timber dikes to sheet concentrated water
off the trail to avoid erosion.
Fence and Portals:
• Demark the boundary between the active park and nature preserve with a
three foot high wood rail fence, or alternatively, a low log barrier.
• provide three access points into the nature preserve through "gateways" or
portals signed to designate nature preserve entry.
Wildlife Corridors:
• using dredge spoils, create landform modifications and recontouring to
emphasize drainage swales in the land between the hills and marsh.
• plant oaks and native shrubs in the swales to provide wildlife corridors from
the hills to the marsh.
Interpretive Signage:
• provide interpretive signage or displays at key points in the nature preserve.
The displays should contain information about the geology, peaks, watershed,
flora, fauna, and history of the Lake environs.
Boardwalks:
• access by foot to open water within the nature preserve shall be provided by
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paths and wood boardwalks over the marsh in twoocations.
• the boardwalk shall be elevated to allow wildlife movement under the walk,
and include wood and wire rails to contain people and dogs.
• access to the peninsula shall be regulated by building a drawbridge or other
suitable method of closing the footbridgelboardwalk across the narrow
channel.
Seep Protection:
• natural seeps in the hillside shall be mapped and monitored for the presence of
rare or endangered plants.
• areas with rare or endangered plants shall be isolated by low protective
fencing and identification signage or interpretive display(s).
Nature Interpretive Center:
• using the new park motif of earth berms, stone walls and tree massings, create
an outdoor interpretive display and plaza.
• interpretive panels should be aluminum with micro- imaged, durable graphics
covered with plexiglass mounted on stone walls.
• community groups should be encouraged to sponsor local artists to create
artwork for the interpretive panels.
• provide a surfaced plaza with seating and some open turf areas for children to
play.
• provide 25 parking spaces for users of the Nature Interpretive Center and
Nature Preserve at this location.
5. Maintenance and Safety
Goal: Provide for the safe and efficient operation of the Park.
(Planning Principles: 41 through 50)
Maintenance Area:
• provide for a small maintenance yard and shed for equipment. The yard
should be fenced, screened, and architecturally compatible with the park
motif.
Safety:
• provide two public telephones in the park for use in the event of emergencies.
• emergency numbers should be posted near the boat docks.
• the park should be closed at night.
• restrooms should be designed for the security of the user.
Service Access:
• the shoreline path should be gated to allow only service vehicle access.
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New Park Land Acquisition and Easements:
Exhibit B illustrates the lands that should be acquired and added to the park to ensure
adequate protection of the park wetland resource and provide additional viewpoints and trails.
The acquisitions and trails are all priorities and should be pursued by the City as opportunities
arise.
Land Acquisition:
❑ Acquisition One: acquire additional wetlands outside the park.
• Acquisition Two: acquire the rocky knolls north of the park to protect wildlife value
and provide important viewpoints.
• Acquisition Three: acquire the eucalyptus grove south of the park, which has habitat
value for important birds.
❑ Acquisition Four: acquire land to the northwest of the Lake.
Trail Easements:
❑ Trail One: acquire a trail easement connecting the Park to Foothill Boulevard.
❑ Trail Two: acquire a trail easement connecting the Park with Los Osos Valley Road.
❑ Trail Three: acquire a trail easement to Cerro San Luis and Marsh Street.
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LAGUNA LAKE PARK MASTER PLAN
CONSTRUCTION COST ESTIMATE - DRAFT
❑ GRADING & PAVING
EARTHWORK, EXCAVATION AND BERMS'
$
40,000
PAVEMENT DEMOLITION
$
12,000
NEW AC PAVING . ROADS
$
105,000
PARKING
$
23,400
PATH- A.C.8'
$
7,600
D.G. 8'
$
44,160
TRAIL 3'
$
2,500
$
234,660
❑ PLANTING & IRRIGATION
TURF (IRRIGATED)
$
121,300
SHORELINE STABILIZATION
$
29,000
SHORELINE REVEGETATION
$
15,300
WINDBREAK TREES AND WILDLIFE BUFFER
$
31,000
$
196,600
❑ INFRASTRUCTURE
ELECTRICAL SUPPLY
$
10,000
DOMESTIC WATER SUPPLY
$
4,5000
SEWER EXTENSION
$
7,000
MISC. DRAINAGE WORK
$
5,000
MAINTENANCE YARD
$
15,000
TELEPHONE
$
10,000
$
51,500
❑ ACTIVE PARK IMPROVEMENTS
$ (8,820)
ENTRY WALLS (ALT. 1)
$
3,675
ENTRY ROCK WORK (ALT. 2)
$
3,000
ENTRY SIGN
$
$ (15,000)
ENTRY STRUCTURE (ALT. 1)
$
45,000
PICNIC TABLES (45)
$
10,000
GROUP AREA TABLES (10)
$
7,500
FAMILY BBD'S (15)
$
3,000
GROUP BBQ'S (1)
$
30,000
PAVILION
$
26,000
VOLLEYBALL (4)
$
6,000
HORSESHOES (2)
$
13,000
FISHING DOCK (1)
$
2,400
DRINKING FOUNTAINS (4)
$
2,400
TRASH RECEPTACLES (12)
$
30,000
PLAY AREA
$
100,000
ADVENTURE PLAY STREAM
$
40,000
POND
$
2,000
MISC. SIGNAGE
$
323,975
1 Dredge spoil placement and contouring not included since quantities unknown.
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)LAGUNA LAKE PARK MASTER PLAN
CONSTRUCTION COST ESTIMATE
❑ RESTROOM $ 80,000
❑ INTERPRETIVE AREA
STONE WALL
$
17,000
INTERPRETIVE DISPLAYS (6)
$
6,000
PATIO SURFACE
$
5,600
$
29,200
❑ NATURE PRESERVE
$ (1,800)
PORTALS (ALT. 1)
$
900
PORTALS (ALT. 2)
$ (66,000)
RAIL FENCE (ALT. 1)
$
27,000
RAIL FENCE (ALT. 2)
$
45,000
MARSH EDGE FENCE
$
22,000
BOAR DWALKS
$
1,200
INTERPRETIVE SIGNS (6)
$ (136,000)
$
96,100
❑ DESIGN FEES
$
60,000
❑ TOTAL
$
190727035 - $19132;080
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LAGUNA LAKE PARK MASTER PLAN
PHASING PLAN
Implementation of the Master Plan is envisioned to be phased over approximately ten years.
Initial City Council funding has been provided upon the adoption of the Master Plan for
design of the first phase of improvements.
The phasing schedule below was developed to initiate the nature preserve and
earthwork/windbreak construction early in the process.. The second phase fills in
infrastructure (roads, stabilization, restrooms /utility extensions) and paths. The final two
phases include construction of the remaining active and passive recreation improvements.
The phasing plan is tied to the City's two -year budget cycle. It is anticipated that each phase
would be considered during budget review.
Fiscal limitations may preclude major capital improvement allocations for the Park in the near
future. With this in mind, it should be emphasized that many of the elements of the plan can
be implemented out -of -phase as funds or donations become available.
PHASE ONE Approximate Cost: $195,000 Time Frame: 1995 budget cycle
-terminate grazing lease and remove fence
*excavate new wetland and pond
-construct and plant berms
provide irrigation to new plantings
•construct interpretive area
-construct wetland buffer fence
plant wildlife buffer
-map and fence seeps
PHASE TWO Approximate Cost: $395,000 Time Frame: 1997 budget cycle
•construct new park entry and road extensions and realignments
*construct path along marsh
-develop shoreline stabilization and revegetation
develop shoreline bike/walking path
•construct restroom near boat launch
PHASE THREE Approximate Cost: $290,000
-develop turf and family picnic areas near existing
play area and near interpretive area
•construct games areas
-construct fishing dock
-construct all remaining jogging walking paths
develop maintenance yard
-construct boardwalk
Time Frame: 1999 budget cycle
PHASE FOUR Approximate Cost: $235,000 Time Frame: 2001 budget cycle
develop group area and related turf and games area
•construct play area, adventure play and pond
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LAGUNA LAKE PARK MASTER PLAN
PARK FINANCING
BACKGROUND
The draft Laguna Lake Park Master Plan provides for largely passive, outdoor - oriented, low -
intensity recreation use compatible with the area's natural environment. The draft Master Plan
provides for no specific active recreation use areas, except on parts of the lake itself where
aquatic activities such as sailboarding are allowed. As master planned, the improvements to
the park are expected to cost approximately $1 million to install. This report reviews the
financing options for building the recommended improvements.
FINANCING GENERALLY
In addition to financing the improvements planned for Laguna Lake Park, the City will also
have to pay for the increased maintenance costs associated with the park improvements and
the corresponding increase in activities that will occur there. The general climate for
financing local government improvements, including parks and recreation facilities, is
difficult at this time. The poor condition of California's economy, with only a slow recovery
expected, suggests general funds will be constrained.
The kind of park envisioned in the draft Master Plan provides no significant opportunities to
raise revenues for capital improvements and/or ongoing maintenance costs through user fees
or charges. Thus, the park will require a significant capital outlay and will incur potentially
high ongoing maintenance costs for such tasks as habitat restoration /protection, dredging,
etc., but does not have a significant revenue production capability.
The following briefly discusses funding alternatives for construction and maintenance of
Laguna Lake Park.
GENERAL FUND
The City could simply pay for capital improvements at Laguna Lake Park directly from
current General Fund revenues or set aside enough monies each year in a reserve capital
account until there are sufficient funds to construct all or a portion of the improvements at the
park. This method of financing has the obvious disadvantage of potentially impacting other
General Fund - supported functions.
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LAGUNA LAKE PARK MASThx PLAN 40
DEVELOPMENT EXACTIONS
The City can require developers to contribute to the cost of capital improvements as a
condition of approval for project development. For such a fee to be legal, it must pass the
"rational nexus test ". This requires the exaction to be reasonably related to the costs of
serving the development. The City currently uses the Quimby Act (Section 6647 of the
Subdivision Map Act) to assess new subdivisions, through dedication and improvement of
land or payment of in -lieu fees, for the proportional impact of future residents on recreation
and park facilities. This method effectively finances facilities, which reduce the impacts of
residential subdivisions on the City's park system.
It may be difficult to justify using development fees unless the subdivision is proximate to the
park and can truly help address the recreation needs of the new residents. This kind of
justification may be further strained given the nature of the facility: primarily passive
recreation and habitat preservation. While the latter is a worthy goal, it may not tie directly to
the real recreation needs of new residents. Furthermore, few new subdivisions are being
approved in the City due to a combination of factors: the recession, lack of water, limited
availability of land, etc.
Use of developer fees for maintenance activities are constrained by law to very specific
amounts and purposes.
ASSESSMENT DISTRICT AND SPECIAL TAX DISTRICTS
Assessment districts or special tax districts may be used to finance capital improvements that
benefit specific properties. In both cases, properties that benefit from a specific capital
improvement are placed in a district where the city levies a special assessment against those
properties to fund the project. The assessment, collected along with property taxes, can only
be used for the specific purpose for which it is collected.
Two options may be considered by the City for construction and maintenance of
improvements to Laguna Lake Park: 1) a Mello -Roos Community Facility District
(technically a special tax district), and 2) a Lighting and Landscape Maintenance District.
Both districts allow the City to fund capital improvements and ongoing maintenance through
assessments of both residential and commercial properties. A city -wide assessment district
with a small base assessment increasing with proximity to Laguna Lake Park, could be
theoretically justified for this City -wide park. However, neither is viewed as a practical
option. It is doubtful that the community will accept what is effectively seen as a property tax
increase. A Mello -Roos special tax also requires a two - thirds vote of the affected property -
owners to be implemented -- highly unlikely.
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LAGUNA LAKE PARK MASTEk FLAN
DEBT FINANCING
Local governments issue bonds to borrow money for land acquisition and facilities. This
method of financing, which would require general obligation (GO) bonds in this case, would
allow the City to spread the $1 million dollar cost of improvements at Laguna Lake Park out
over time and reduce construction costs by completing the park in a relatively short time
rather than over many years. However, the City is required to seek two- thirds majority
approval of voters to issue GO bonds for Laguna Lake Park.
The State Legislature is currently considering a constitutional amendment, which would allow
local governments to issue GO bonds specifically for parks and recreation facilities with
approval by a simple majority. This change would significantly increase the chances of GO
bond approval.
Revenue bonds, which are backed by revenues from a project, facility or park, are not deemed
feasible for Laguna Lake Park due to its passive nature and lack of revenue generating
capabilities.
An alternative to bonds is the use of certificates of participation (COP'S). The advantage of
COP's is that no vote is required. The disadvantage is that interest rates for COP'S are higher
than for GO bonds. In any case, the debt would have to be paid for out of the General Fund
because of the limited revenue -- generating potential of this use.
In sum, revenue bonds are not possible in this case; general obligation bonds require a two -
thirds vote and are impractical; COP's could be a plausible mechanism, but would have to be
paid for out of the General Fund.
PUBLIC - PRIVATE JOINT VENTURE
Public- private joint ventures are partnerships between government agencies and private
business to provide facilities or services to the public. Privatization of public functions, such
as campground operations /reservations, ground leases for revenue producing recreation
facilities, etc., could be part of this approach.
No real opportunities for public- private joint ventures exist at Laguna Lake Park as it is
currently master planned, due to the passive nature of the park.
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LAGUNA LAKE PARK MAST)N % PLAN
GRANTS AND DONATIONS
Grants are, from time to time, available for park development from the state and federal
government on a competitive basis; however, the tenuous budget conditions at these
government levels have left little grant funding available for park development currently. In
addition, grants are generally awarded for only very small portions of a park as large as
Laguna Lake and the amount of grant funds awarded is correspondingly small. For example,
grant monies available from the federally funded Land and Water Conservation Fund for last
fiscal year totaled just over $400,000 for all of Southern California.
The solicitation of donations from individuals, corporations and other businesses for park
development is deemed difficult without a core group of dedicated volunteers, a consultant or
professional staff. The draft Master Plan for Laguna Lake Park may encourage formation of a
nature association to lead nature hikes, give field lectures and conduct fund- raising efforts on
behalf of the City, similar to the organization used to restore the Jack House and Gardens.
Use of a fund raising consultant may help; Such an approach was used recently by the City of
Paso Robles in constructing Centennial Park.
CONCLUSION
The estimated cost of Laguna Lake Park is about $1.0 million.
Some monies may be raised through developer fees authorized through the Quimby Act.
Grants are available (although for relatively small amounts and subject to stiff competition
today) and should be investigated and applied for if appropriate.
Significant opportunities exist for volunteer fund raising in the community, particularly from
people interested in protecting and restoring habitat..
Use of an assessment district or special tax district is deemed impractical in this case. User
fees are not a significant options due to the passive nature of the park. Similarly, the lack of
active recreation limits opportunities for income from leases, franchises or public- private
ventures.
It appears that the bulk of the money will need to come from the General Fund, either through
a "pay -as= you -go" program or some debt financing mechanism.
The City is currently retaining a firm to investigate ways of funding a more expansive open
space program. Because Laguna Lake Park as currently master planned is primarily an open
space and habitat reserve, perhaps the open space funds could be used to help install of the
improvements and maintain that facility..
Sedes Crawford, Multari & Starr Leisure Visions
-18-
END
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101
RESOLUTION NO. 9698 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE HUMAN RELATIONS COMMISSION (HRC) BY LAWS
WHEREAS, the HRC reviewed its by on May 4, 2005; and
WHEREAS, the HRC determined having commissioners' terms commence on October 1
to facilitate the Grants in Aid cycle is unnecessary; and
WHEREAS, the HRC concluded it is more efficient to coordinate the HRC recruitment
schedule with all other City advisory bodies' recruitment schedules; and
WHEREAS, the HRC recommended extension of the terms of three commissioners
whose terms are to expire on September 30, 2005 to March 31, 2006; and
WHEREAS, the HRC recommended changing the term expiration dates for the other
HRC commissioners to coincide with the other advisory bodies;
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo that the by laws of the HRC be amended to reflect the following:
SECTION 1. Amend ARTICLE 2. TERMS OF OFFICE to read as follows:
Commissioners shall be appointed by the City Council for terms of four (4) years, commencing
on April 1st. Commissioners shall serve at the pleasure of the City Council. Any Commissioner
may be reappointed, provided that no appointee shall serve more than (2) consecutive terms (8
years).
SECTION 2. The three commissioners whose terms are to expire on September 30,
2005, are hereby extended to March 31, 2006.
SECTION 3. The term expiration dates for the remaining HRC commissioners are
hereby modified to coincide with the terms of other City advisory bodies.
Upon motion of Council Member Brown seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
o •
Resolution Number 9698 (2005 Series)
Page 2
The foregoing resolution was adopted this 21S` day of June 2005
gw4m�-
Mayor David F. Romero
ATTEST:
.Jlz& 24 A, 4e�x
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
Jona ha Lowell
City Attorney
/1, ��
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6
Cf �. t! e�.S � t C.� 0
o •
RESOLUTION NO. 9697 (2005 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING 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 City has adopted a Capital Improvement project to realign Bullock Lane; and
WHEREAS, the buildings at 1049 Orcutt Road are in the way of the new alignment.
NOW, THEREFORE, BE IT RESOLVED, that the Council of the City of San Luis Obispo
hereby declares:.
SECTION 1. The buildings at 1049 Orcutt Road are no longer needed by the City and are surplus
property.
SECTION 2. Disposal of the property shall be made by sale through public bidding, or if there
are no purchasers, by demolition.
Upon motion of Council Member Brown, seconded by Vice Mayor Ewan, and on the following
roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 215` day of June 2005.
Mayor David F. Romero
1.11016W
- &aL'
Audrey Hooper
City Clerk
RUG M
Resolution No. 9697 (2005 Series)
Page 2
APPROVED AS TO FORM:
P. Lowell
City Attorney
�� " �cJ�!__ i c'� /}�p2�v� V lam. -� rtita,�� `�
o •
RESOLUTION NO. 9696 (2005 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING A
COOPERATION AGREEMENT BETWEEN THE CITY AND COUNTY OF SAN LUIS
OBISPO ESTABLISHING JOINT PARTICIPATION IN AN URBAN COUNTY GRANT
PROGRAM FOR PROGRAM YEARS 2006 THROUGH 2008
WHEREAS, the County of San Luis Obispo ( "County "), a political subdivision of the
State of California, and the City of San Luis Obispo ( "City "), a municipal corporation, desire to
participate in the Community Development Block Grant (CDBG) program administered by the
U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, said program will promote the public health, safety and welfare by
providing grant funds to be used by the City and County ( "parties ") to improve housing
opportunities for low- and moderate - income households, to encourage economic reinvestment, to
improve community facilities and public services, and to provide other housing - related facilities
or services; and
WHEREAS, HUD requires that the parties enter into a cooperation agreement to define
their rights and obligations as a prerequisite of participation in the Urban County program;
NOW, THEREFORE, BE IT RESOLVED by the San Luis Obispo City Council as
follows:
SECTION 1. Findings.
1. The proposed Cooperation Agreement amendment is consistent with the general plan
and with City and County policies encouraging cooperation between agencies on
issues of regional significance such as affordable housing.
2. The proposed Agreement will promote the public health, safety and welfare by
enabling the City and County to participate in the U.S. Department of Housing and
Urban Development's Urban County entitlement program, thus making available
funds for a variety of housing, economic development, and public services programs
not otherwise possible or available.
3. The City and County intend to enter into subrecipient agreements that will establish
administrative policies and procedures, performance standards and funding schedules,
project descriptions and funding, and guidelines for funding specific grant programs
and projects.
4. The Cooperation Agreement is not a "project" for purposes of compliance with the
provisions of the California Environmental Quality Act and the City's Environmental
Guidelines, and is therefore, exempt from environmental review.
0 0
Resolution No. 9696 (2005 Series)
Page 2
SECTION 2. Authorization to enter into Cooperation Agreement.
Pursuant to Federal Regulations 24 CFR 570.501 (b), et. seq., the City Council hereby
authorizes the Mayor to sign the Urban County Cooperation Agreement, Exhibit "A ", with the
County to enable continued joint participation in the Urban County Block Grant program
administered by the U.S. Department of Housing and Urban Development (HUD).
SECTION 3. City Administrative Officer authorized to act for City.
The City's Administrative Officer is hereby authorized to act on behalf of the City in
connection with the implementation of the agreement, on -going operation of the Community
Development Block Grant Program, and all other activities necessary to carry out the intent of
the agreement and amendments thereto.
On motion of Council Member Brown, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 21" day of June 2005.
Mayor David F. Romero
ATTEST:
I J X Z�IJ4 4M 4 14
Audrey Hoop City Perk
APPROVED AS TO FORM:
Jonat . Lowell
City Attorney
C � F,xhihit A
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS
OBISPO AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION
IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE
HOME INVESTMENT PARTNERSHIPS PROGRAM, THE EMERGENCY
SHELTER GRANT PROGRAM, THE AMERICAN DREAM DOWNPAYMENT
INITIATIVE PROGRAM, AND THE HOUSING OPPORTUNITIES FOR
PERSONS WITH AIDS (HOPWA) PROGRAM FOR FISCAL YEARS 2006
THROUGH 2008
THIS AGREEMENT is made and entered into this day of, ,
2005, by and between the County of San Luis Obispo, a political subdivision of the State
of California, hereinafter called "County "; and the City of San Luis Obispo, a municipal
corporation of the State of California, located in the County of San Luis Obispo,
hereinafter called "City "; jointly referred to as "Parties."
WITNESSETH
WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law
entitled, The Housing and Community Development Act of 1974, herein called the
"Act ". Said Act is omnibus legislation relating to federal. involvement in a wide range of
housing and community development activities and contains eight separate titles; and
WHEREAS, Title I of the Act is entitled "Community Development" and
consolidates several existing categorical programs for housing and community
development into new programs for such housing and development of metropolitan cities
and urban counties or communities by providing financial assistance annually for area -
wide plans and for housing, public services and public works programs; and
WHEREAS, the Community Development Block Grant (CDBG) Program, the
HOME Investment Partnerships (HOME) Program, the Emergency Shelter Grant (ESG)
Program, the American Dream Downpayment Initiative (ADDI) Program, and the
Housing Opportunities for Person with AIDS (HOPWA) Program are consolidated under
Title I of the Act; and
WHEREAS, the County of San Luis Obispo has requested of the federal
Department of Housing and Urban Development, hereinafter referred to as "HUD ", that
the County be designated as an "urban county "; and
WHEREAS, the County needs to requalify as an urban county and will be
eligible to receive CDBG funds provided that the County's entitled cities defer their
entitlement to the County to enable both the County and the entitlement cities to jointly
participate in the program; and
WHEREAS, the City desires to participate jointly with the County in said
program; and
Page 1
o •
WHEREAS, if HUD redesignates the County as an .urban county, the County
may also be eligible to receive funds from the Home Investment Partnership Program
(hereinafter referred to as "HOME"), the Emergency Shelter Program (hereinafter
referred to as "ESG "), the American Dream Downpayment Initiative Program
(hereinafter referred to as "ADDI "), and the Housing Opportunities for Persons with Aids
Program (hereinafter referred to as "HOPWA "); and
WHEREAS, the Community Development Block Grant Regulations issued
pursuant to the Act provide that qualified urban counties must submit an application to
the Department of Housing and Urban Development for funds, and that cities and smaller
communities within the metropolitan area not qualifying as metropolitan cities may join
the County in said application and thereby become a part of a more comprehensive
county effort; and
WHEREAS, as the urban county applicant, the County must take responsibility
and assume all obligations of an applicant under federal statues, including: the analysis of
needs, the setting of objectives, the development of community development and housing
assistance plans, the consolidated plan, and the assurances of certifications; and
WHEREAS, by executing this Agreement, the Parties hereby give notice of their
intention to participate in the urban county CDBG, HOME, ESG, ADDI, and HOPWA
programs.
NOW THEREFORE, in consideration of the mutual promises, recitals and other
provisions hereof, the Parties agree as follows:
SECTION I. General.
A. Responsible Officers. The Director of the County of San Luis Obispo
Department of Planning and Building (hereinafter referred to as "Director ") is
hereby authorized to act as applicant for the CDBG, HOME, ESG, ADDI, and
HOPWA programs and to administer funding and activities under the programs.
The City Manager is hereby authorized to act as the responsible officer of the City
under the programs.
B. Full Cooperation. Parties agree to fully cooperate and to assist each other in
undertaking eligible grant programs or projects, including but not limited to
community renewal and lower income housing assistance activities, specifically
urban renewal and publicly- assisted housing; public services; and economic
development.
C. Term of Agreement — Automatic Renewal Provision. The term of this
Agreement shall be for a period of three (3) years commencing July 1, 2006
through June 30, 2009. In addition, this Agreement automatically renews to a
new second consecutive three -year term, unless the City provides written notice at
least 60 days prior to the end of the term that it elects not to participate in a new
Page 2
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qualification period. Before the end of the first three -year term, the County will
notify the City in writing of its right not to participate in the urban county for a
successive three -year term.
The Parties agree to adopt amendments to this Agreement incorporating changes
necessary to meet the requirements for cooperation agreements set forth in the
Urban County Qualification Notice by HUD, prior to the subsequent three -year
extension of the term. Any amendment to this Agreement shall be submitted to
HUD as required by the regulations and any failure to adopt required amendments
will void the automatic renewal of the Agreement for the second three -year term.
The Agreement remains in effect until the CDBG, HOME, ESG, ADDI, and
HOPWA program funds and income received with respect to the three -year
qualification period, and the subsequent three -year renewal, are expended and the
funded activities are completed. The Parties may not terminate or withdraw from
the Agreement while the Agreement remains in effect.
D. Scope of Agreement. This Agreement covers the following formula funding
programs administered by HUD where the County is awarded and accepts
funding directly from HUD: the CDBG Entitlement Program, the HOME
Program, the Emergency Shelter Grant (ESG) Program, the American Dream
Downpayment Initiative (ADDI) Program and the Housing Opportunities for
Person with AIDS ( HOPWA) Program.
SECTION II. Preparation and Submittal of CDBG Fundins Applications.
A. Inclusion of City as Applicant. Parties agree that City shall be included in
the application the County shall submit to the Department of Housing and
Urban Development for Title I Housing and Community Development Block
funds under the above recited Act.
B. Consolidated Plan. City shall assist the County by preparing a community
development plan, for the period of this Agreement, which identifies
community development and housing needs, projects and programs for the
City; and specifies both short and long -term City objectives, consistent with
requirements of the Act. County agrees to: (1) include the City plan in the
program application, and (2) include City's desired housing and community
development objectives, policies; programs, projects and plans as submitted
by City in the County's consolidated plan.
C. Application Submittal. County agrees to commit sufficient resources to
completing and submitting the Consolidated Plan and supporting documents
to HUD in time for the Parties to be eligible to receive funding beginning July
1, 2006, and to hold public hearings as required to meet HUD requirements.
Page 3
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D. County Responsibility. Parties agree that the County shall, as applicant, be
responsible for holding public hearings and preparing and submitting the
CDBG funding application and supporting materials in a timely and thorough
manner, as required by the Act and the federal regulations established by
HUD to secure entitlement grant funding beginning July 1, 2006.
E. Grant Eligibility. In executing this Agreement, the Parties understand that
they shall not be eligible to apply for grants under the Small Cities or State
CDBG Programs for appropriations for fiscal years during the period in which
the Parties are participating in the urban county CDBG entitlement program;
and further, the City shall not be eligible to participate in the HOME, ESG,
ADDI or HOPWA programs except through the urban county.
SECTION III. Program Administration.
A. Program Authorization. County Administrator is hereby authorized to carry
out activities that will be funded from the annual CDBG, HOME, ESG,
ADDI, and HOPWA programs from fiscal years 2006, 2007, and 2008
appropriations and from any program income generated from the expenditure
of such funds.
B. Responsibilities of Parties. Parties agree that the County shall be the
governmental entity required to execute any grant agreement received
pursuant to the CDBG, HOME, ESG, ADDI, and HOPWA applications, and
the County shall thereby become legally liable and responsible thereunder for
the proper performance of the plan and CDBG, HOME, ESG, ADDI, and
HOPWA under county programs. City agrees to act in good faith and with
due diligence in performance of City obligations and responsibilities under
this Agreement and under all subrecipient agreements. City further agrees
that it shall fully cooperate with the County in all things required and
appropriate to comply with the provisions of any Grant Agreement received
by the County pursuant to the Act and its Regulations.
C. City Assistance. City agrees to undertake, conduct, perform or assist the
County in performing the essential community development and housing
assistance activities identified in the City's community development plan.
Pursuant to the Act and pursuant to 24 CFR 570.501(b), the City is subject to
the same requirements applicable to subrecipients, including the requirement
of a written agreement with the County as set forth in 24 CFR 570.503.
SECTION IV. Use of Program Funds.
A. Allocation of CDBG funds. All funds received by County pursuant to this
Agreement shall be identified and allocated, as described below, to the
specific projects or activities set out in the application, and such allocated
amounts shall be expended exclusively for such projects or activities;
provided, however, that a different distribution may be made when required
Page 4
by HUD to comply with Title I of the Housing and Community Development
Act of 1974, as amended.
1) Metropolitan Cities' Allocation. Parties agree that County shall make
available to City a total amount of CDBG funds equal to that which City
would have been entitled had it applied separately as a "metropolitan
city ", using HUD allocation formulas as applied by County. No
"administrative" fee or other fees will be deducted by the County to meets
its obligations under the terms of this Agreement. Further, with respect to
the availability of the funds, County agrees to fully cooperate and assist
City in expending such funds.
2) Non - Metropolitan Cities' Allocation. County agrees to allocate a
portion of CDBG program funds to the non - Metropolitan, incorporated
cities participating in the program. The amount of allocation per city shall
be equal to that which the urban county formula award from HUD
increases as a result of the HUD allocation formulas as applied by County.
3) Special Urban Project Fund. It is further agreed that County shall set
aside a portion of CDBG funds as a Special Urban Projects Fund,
available to all participating incorporated cities and the County of San
Luis Obispo County on a competitive basis. Amount of the Fund shall
equal fifteen (15) percent of the urban county formula CDBG funding
after deducting the allocation for cities as described in paragraph 1 and 2
above. The Special Urban Projects Fund shall be awarded annually by the
County Board of Supervisors, following criteria developed jointly by
County and the cities participating' in the program.
4) County allocation. City agrees that urban county formula CDBG funds
remaining after deducting allocations for cities and the Special Urban
Projects Fund comprise the County allocation.
B. Availability of Funds. County agrees to make CDBG funds available to all
participating incorporated cities when HUD makes the CDBG funds available
to it. The County shall immediately notify the participating incorporated
cities of the availability of the funds.
It is understood by the Parties hereto that the CDBG funds being used for the
purposes of this Agreement are funds furnished to the County, through HUD
pursuant to the provisions of the Housing and Community Development Act
of 1974, as amended, hereinafter referred to as the "Act ". Notwithstanding
any other provision of this Contract, the liability of the County shall be limited
to CDBG funds available for the Project. The City understands that the
County must wait for release of CDBG funds from HUD before CDBG funds
may be advanced or reimbursed. The County shall incur no liability to the
Page 5
o •
City, its officers, agents, employees, suppliers, or contractors for any delay in
making any such payments.
C. Payments. The information required by HUD for cash disbursements shall be
provided by the City to request payment from the County. The County shall
review payment claims for compliance with the statement of work and the
other provisions of this Agreement. All payment of claims are subject to the
availability of funds to the County from HUD. If claims are complete and
accurate, comply with federal regulations and if proper procedures are met,
County will make payment within 10 business days from the date of receipt of
the correct original claim.
D. Administrative and Public Services Costs. County hereby acknowledges
that City, as subrecipient, incurs certain administrative costs in preparing
housing and economic development plans, program planning, management
and accounting, professional support services, and other reasonable and
necessary expenses to carry out City's plan; and further, County agrees that
after the availability of CDBG program funds to City, County shall not use its
remaining balance of funds in any way that would limit City's ability to use its
CDBG funds to the maximum extent allowed by HUD for administrative,
public service, or program purposes.
E. Income Generated. City shall notify the County of any income generated by
the expenditure of CDBG funds received by the City. Such program income
may be retained by City subject to the provisions of this Agreement, the Act
and its Regulations. Any program income retained must only be used for
eligible activities in accordance with all CDBG requirements as then apply.
F. Use of Program Income. County shall monitor the use of any program
income, requiring appropriate record - keeping and reporting by the City as
may be needed for this purpose, and shall report the use of such program
income to HUD. In the event of close -out or change of status of the City, all
program income on hand or received by the City subsequent to the close -out
or change of status shall be paid to the County. In the event that the City
withdraws from the urban county to become an entitlement grantee, as
provided under 24 CFR 570.504, all program income on hand or received by
the City from urban county activities shall be retained by the City to be used
as additional CDBG funds subject to all applicable requirements governing
the use of CDBG funds.
G. Change in Use of Property. City shall notify the County of any modification
or change in the use of real property acquired or improved in whole or in part
using CDBG funds that is within the control of the City, from that use planned
at the time of acquisition or improvement including disposition. Such
notification shall be made within thirty (30) days of such change of use and
comply with the provisions of 24 CFR 570.505.
Page 6
n
�U
H. Fair Housing Implementation. Parties agree that no urban county funding
shall be allocated or expended for activities in or in support of any
cooperation unit of general local government that does not affirmatively
further fair housing within its own jurisdiction or that impedes the County's
actions to comply with its fair housing certification.
I. Conflict Resolution. In the event of disagreement between the County and
the City as to the allocations, disbursement, use, or reimbursement of CDBG
funds, the Parties agree to accept HUD's written determination as to the
appropriate resolution or disposition of funds to the extent HUD is willing to
resolve such disagreement.
SECTION V. Amendment or Extension of Agreement.
A. Subrecipient Agreement. For each fiscal year during the term of this
Agreement, County and City shall enter into a Subrecipient Agreement,
prepared jointly by County and City, that will list the project(s) City will
undertake with its CDBG entitlement funds during that program year. Said
Subrecipient Agreement will set forth the project changes, time schedule for
completion of the project(s), and additional funding sources, if any. If
substantial compliance with the completion schedule cannot be met by the
City due to unforeseen or uncontrollable circumstances, the City may extend
the schedule for project completion, as allowed by federal regulations.
B. Amendments. Parties agree that a fully executed amendment or amendments
to this Agreement may be entered into at any time if required or necessary to
implement the plans contemplated hereunder, or to comply with any grant
agreement or the regulations issued pursuant to the Act.
SECTION VI. Compliance with Federal Regulations.
A. General. Parties agree to take all actions necessary to comply with the urban
county's certifications required by section 104(b) of Title I of the Housing and
Community Development Act of 1974, as amended, including Title VI of the
Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the
Housing and Community Development Act of 1974; the National
Environmental Policy Act of 1969; the Uniform Relocation Assistance and
Real Property Acquisition Act of 1970; and other applicable laws.
B. Citizen Participation. Parties agree to comply with federal citizen
participation requirements of 24 CFR Part 91, and provide citizens with:
a. An estimate of the amount of CDBG funds proposed to be used for
activities that will benefit persons of low and moderate income; and
b. A plan for minimizing displacement of persons as a result of CDBG-
assisted activities and programs, and to provide assistance to such persons.
Page 7
L,
D
C. Citizen Participation Plan. Parties agree to follow a citizen participation
plan which:
1) Provide for and encourages citizen participation, particularly those of low
or moderate income who reside in slum or blighted areas where CDBG
funds are proposed to be used;
2) Provide citizens with reasonable and timely access to local meetings, staff
reports, and other information relating to grantee's proposed use of funds,
as required by HUD regulations related to the actual use of funds under
the Act;
3) Provides for public hearings to obtain citizen views and to respond to
proposals and questions at all stages of the community development
program, including at least: 1) formulation of needs; 2) review of proposed
grant activities; and 3) review of program performance; for which public
hearings shall be held after adequate notice, at times and locations
convenient to potential or actual beneficiaries, and with accommodation of
handicapped persons;
4) Provides for a timely written answer to written complaints and grievances,
within 15 working days where practicable;
5) Identifies how the needs of non - English speaking residents will be met in
the case of public hearings where a significant number of non - English
speaking residents can be reasonably expected to participate.
D. Parties hereby certify, to the best of their knowledge and belief, that:
1) Conflict of Interest. No federal grant monies have been paid or will be
paid, by or on behalf of the Parties, to any officer or employee or any
agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of Congress in connection with the awarding of
any federal contract, the making of any federal grant, the making of any
federal loan, the entering into of any cooperative agreement, and' the
extension, continuation, renewal, amendment or modification of any
federal contract, grant, loan, or cooperative agreement.
2) Influence. If any funds other than federally appropriated funds have been
paid or will be paid to any person for influencing or attempting to
influence an officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of
Congress in connection with this federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit
Page 8
O •
standard form LLL, "Disclosure Form to Report Lobbying," in accordance
with its instructions.
3) Certifications Disclosure. Parties agree to include this certification in the
award documents for all subawards at all tiers (including subcontracts,
subgrants, and contracts under grants, loans, and cooperative agreements),
and that all grant subrecipients shall certify and disclose accordingly. This
certification is a material representation of fact upon which reliance was
placed when this transaction was entered into.
E. Certification Regarding Policies Prohibiting Use of Excessive Force and
Regarding Enforcement of State and Local Laws Barring Entrances.
In accordance with Section 519 Public Law 101 -144 (the 1990 HUD
Appropriations Act), the City certifies that it has adopted and is enforcing.
1) A policy prohibiting the use of excessive force by law enforcement
agencies within their respective jurisdictions against any individuals
engaged in non - violent civil rights demonstrations; and
2) A policy of enforcing applicable State and local laws against physically
barring entrance to or exit from a facility or location which is the subject
of such non - violent civil rights demonstrations within their jurisdictions.
SECTION VII. Execution of Agreement and Recordkeeping.
A. HUD Certification. The Director is hereby authorized to execute and submit
to the County the HUD Certification Form with respect to the community
development activities carried out within the boundaries of the City. It is
further understood that the County will rely upon the certification executed by
the Director for purposes of executing a certification form for submission to
HUD.
B. Maintenance of Records. City shall maintain records of activities for any
projects undertaken pursuant to the program, and said records shall be open
and available for inspection by auditors assigned by HUD and /or County on
reasonable notice during the normal business hours of the City.
NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be
executed and attested by their proper officer thereunder duly authorized, and their official
seals to be hereunto affixed, all as of the day first above written.
County Counsel Certification
The Office of the County Counsel hereby certifies that the terms and provisions of this
Agreement are fully authorized under State and local laws, and that the Agreement
provides full legal authority for the County to undertake or assist in undertaking essential
Page 9
C
community development and housing assistance activities, specifically urban renewal and
publicly assisted housing.
IM
Timothy McNulty, Deputy County Counsel
Date:
COUNTY OF SAN LUIS OBISPO
Chairperson of the Board of Supervisors
Date:
ATTEST:
Julie Rodewald, County Clerk
Date:
Page 10
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NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be
executed and attested by their proper officer therunder duly authorized, and their official
seals to be hereunto affixed, all as of the day first above written.
CITY OF SAN LUIS OBISPO
I 91.1yj I Din ' • I M 9116150y FEW, • '
Date: C—a y— S—
ATTEST:
AUDREYruIoPER, citry , LERK
Date:
APPROVED AS TO CONTENT:
Date: r-
APPROVED AS TO FORM:
JON T . LOWELL, CITY ATTORNEY
Date: �/u�v� 23i Zonj
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Page 11
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•
RESOLUTION NO. 9695 (2005 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS
AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL
ACCOUNTS AS LIENS AGAINST THE PROPERTIES
WHEREAS, Section 8.40.070 of the San Luis Obispo Municipal Code establishes that all
developed properties in the City must use the solid waste collection and disposal service provided
by the City's franchisee, that the franchisee is responsible for collecting fees for the service, and that
owners of developed properties are responsible for paying for the service; and
WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once
each year, the franchisee may take actions to collect fees from the owners of developed properties
involved in delinquent solid waste collection and disposal accounts; and
WHEREAS, The franchisee, San Luis Garbage Company, has taken the actions required within
the Municipal Code to collect fees from delinquent accounts as certified by franchisee and
incorporated herein.
NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo hereby
authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts
as established and certified by the franchisee San Luis Garbage Company as liens against the
developed properties listed below.
WO&O
Resolution No. 9695 (2005 Series)
Page 2
Property Owner
ParceLNumtier Property Address
Amount.
CLARE BATTISTA
1052- 033 -042
;569 HIGHLAND
$
350.70
JAMES BENNER
3003- 581 -031
1910 FIXLINI
$
271.80
RENEE BRESETTE
1004- 411 -015
'1864 LIMA
$
135.04
BARBARA CASEY
11053-242-065
1434 PREFUMO CYN
$
277.30ry
BARBARA CASEY
j053 245 -046
1700 LA LUNA
$
417.42
JOANN CENICEROS
1001- 141 -005
1627MILL
1$
104.02
CASEY CLAYT
1004- 583 -014
3122 ROCKVIEW
1$
942.60
JAMES CULLINS
1003- 737 -004
;477 HIGH
1$
66.34
GARY CULLY
:053- 245 -001
;945 DEL R 1
$
375.66
LR DAVENPORT
1053-242-019
=1035 CORTEZ _...._,�$._
1
137.84
JAY & LAURA DICKINSON
004- 413 =029
11892 VICENTE
_ $
92.72
JOHN FIT_ZPATRICK_
_ 1001-182-008 1397 BROAD
1$
56.36
MARTIN FITZPATRICK
;003- 636 -008
11737CHORRO
1$
107.72
PAULKNOL
1053- 252 -032
1189 GRANADA
1$
528.36_
SARE MIHELISH
I004- 541 -009
11150 MADONNA
$
102.14
MARGARET OHARA
1003- 782 -007
1,2422 PARKLAND
$
165.56
JUAN REA _
? - -F
$
476.96
KATHERINE ROBERTS
;052- 451 -018
1521 PRINCETON
$
171_56
SERGIO & MARIA ROD RIGUEZ
I004- 422 028
;11734 LOS OSOS VALLEY
E $
74.16
TOMASSCHOFF
1052- 142 -074
1303 DEL MAR
$
568.88
LORILEESILVAGGIO
1002- 421 -010
1672 HIGUERA
$
832.50
MOODY SKENE
1003- 687 -071
=2151 SIERRA
$
120.04
RAY & BROOK SOTO
'053- 262 -076
176 DEL ORO
1$
2_04.52
GENE & LAURA STEWART
1004- 671 -002
314 ROSE
1$
543.52
ANNTHAM
1053- 197 - 007
,3017 GARIBALDI
s$
112.72
MICHAELTHOMAS
1053- 115 -007
;11295 LOS OSOS VALLEY #7
$
217.14
RONALD & ANGELA VILES
=4- 421 -014
;1858 PEREIRA_
i $
429.74
GEORGINA WALTERS
'053- 300 -020
31286 CHAPARRAL
$
129.60
VALANAWOODWARD
3001- 124 - 023
;618 JOHNSON
$
260.96
DERMONT WYNNE
?003- 721 -013
12115 BEEBEE
o s
Resolution No. 9695 (2005 Series)
Page 3
Upon motion of Council Member Brown, seconded by Vice Mayor Ewan and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21st day of June 2005.
Mayor David F. Romero
ATTEST:
q&. {� x ' 4,U
Audrey Ho "er
City Cler
APPROVED AS TO FORM:
J an P. Lowell
City Attorney
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RESOLUTION NO. 9694 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE APPROPRIATIONS LMT FOR 2005 -06
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 2005 -06 have been performed by the Department
of Finance & Information Technology 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 2005 -06 as
follows:
Appropriations Limit: 2004 -05 $38,513,100
Cost of Living Factor: Percent change in California per capita income 5.26%
Population Factor: County Population Growth 1.19%
Compound Percentage Factor (multiplicative not additive) 6.51%
Appropriations Limit: 2005 -06 $41,021,300
Upon motion of Council Member Brown, seconded by Vice Mayor Ewan, and on the
following vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 215L day of June 2005.
Mayor David F. Romero
ATTEST:
6G
Audrey Hoo r
City Clerk
0 §"
0 0
Resolution No. 9694 (2005 Series)
Page 2
APPROVED AS TO FORM:
Jo atha . Lowell
City-Attorney
RESOLUTION NO. 9693 (2005 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO,
APPROVING A CONTRACT WITH THE SEAHAWKS SWIM CLUB
FOR USE OF THE SLO SWIM CENTER
WHEREAS, the SLO Swim Center is designed and available for all levels of swimming
from recreational to competitive, and
WHEREAS, for over 30 years, the Seahawks Swim Club has provided the competitive
swimming component of the program, and
WHEREAS, that use has been regulated by a use contract, that includes a rental fee
payment schedule,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo does approve this use contact with the Seahawks Swim Club, included as Exhibit A
to this resolution.
Upon motion of Council Member Brown, seconded by Vice Mayor Ewan, and on the
following roll call vote:.
AYES: Council Member Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21s` day of June 2005.
Mayor David F. Romero
ATTEST:
.0j"o/"/jz' A ��2' -
Audrey Ho er
City Clerk
R9693
Resolution No. 9693 (2005 'odes)
Page 2
Jon . Lowell
City Attorney
AGREEMENT
• Exhibit A
USE OF SLO SWIM CENTER IN SINSHEIlVIER PARK
THIS AGREEMENT, made and entered into this 1st day of July, 2005, by and
between the CITY OF SAN LUIS OBISPO, a municipal corporation (hereinafter "City")
and the SAN LUIS OBISPO SWIM CLUB, INC., also known as the SAN LUIS OBISPO
SEA HAWKS, an educational, non - profit, tax - exempt corporation headquartered in the
City of San Luis Obispo (hereinafter, "Club ").
WTTNESSETH:
WHEREAS, City is the owner and operator of the SLO Swim Center located in
Sinsheimer Park (hereinafter "Pool'); and
WHEREAS, City desires that all residents of San Luis Obispo with interests in any
manner of aquatic activities, including competitive swimming, have the opportunity to
make use of Pool; and
WHEREAS, Club makes available- aquatic training and competitive experience as well as
other aquatic activities to all members of the community and has indicated its desire to
make Pool its home facility;
NOW, THEREFORE, in consideration of the mutual promises, agreements, covenants
and conditions herein set forth, City and Club hereby mutually agree and covenant as
follows:
I. City hereby grants to Club the use of Pool for club use for the days and hours listed.
Use is based on the following average daily attendance figures:
Youth 110
Adult 45
A. September - May
Monday - Friday
5:45 - 7:OOam (long course)
e In the pool before 6am will not be guaranteed by contract.
■ 3 lanes will be designated in contract.
e Additional lane space might be available for either program when lanes
exceed 10 swimmers per lane.
12:00 — 1:3012m (short course)
F0
OExhibit A
® 3 lanes available, 11:30 -1:30 in the deep end, excluding the very last lane
which is reserved for aqua joggers.
® An additional one or two lanes might be available if space permits.
3:30 — 8:OOpm (short course)
• # of lanes available will range from 2 or 3 to as many as 9, depending on other
uses in the pool and the time of year.
• During High School water polo season, shallow end space is typically
available for Club use between 3:30 and S:OOpm. If polo practice continues
past 5:30, up to 3 lanes may be available for Club use in the shallow end until
polo is finished. On game dates, practice may have to be canceled, hours
adjusted, or use developed based on having only 3 lanes available after
S:OOpm.
• During High School swimming and diving season, lanes available to Club will
be decided upon by discussion between Pool Supervisor, Club Coach, and
High School Coach. Club could anticipate 5 lanes from 3:30 to 5:OOpm, up to
6 from 5:00 t 5:30, and up to 9 after 5:30pm. On meet dates, use may have to
be canceled, hours adjusted, or work outs developed based on having only a
couple of lanes available after 5:30pm.
• During the May swim lesson program, lane space availability will be decided
upon by discussion between Club Coach and pool Supervisor. Club could
anticipate up to 8 lanes in the middle of the pool between 3:30 and 5:30pm,
leaving the shallowest and deepest portions of the pool, as well as the diving
boards, available to conduct lessons.
• When Lifeguard Training and WSI courses are offered (typically between late
February and the end of May), space may be ed in the deep portion of the pool
between 7:00 and 8:OOpm, probably 6 lanes maximum on nights when the
diving boards are needed. The shallow end of the pool can be available after
7:00 am to the Club so that available space is not actually reduced, simply
moved.
• Scuba classes will be conducted during this evening time period as well.
B. September - May
Saturday
8:00 — 10:OOam (long course)
■ Other activities such as in- service trainings and testing may also be scheduled
occasionally during this time period.
C. June -August
Monday - Friday
5:45 — 9:15am (long course)
■ In the pool before 6am will not be guaranteed by contract.
• Exhibit A
■ 3 lanes will be designated in contract.
® Pool space will be available between 8:00 am and 9:15 am, long course —
Monday, Wednesday, and Friday.
9:30 - 11:30am (short course)
® 4 lanes will be made available (wide lane in the middle of the pool counts as
one lane) for Club to conduct practice.
12:00 - 130pm (short course)
® 3 lanes available in the deep end, excluding the very last lane which is
reserved for aqua joggers.
® An additional one or two lanes might be available if space permits.
4:15 — 8 :00pm (short course)
■ 7 lanes will be made available (wide lane in the middle of the pool counts as
one lane) for Club to conduct practice from 4:15 - 5:30pm.
■ From 5:30 to 8:30pm Club has use of the deep end of the pool not including
the wide lane in the middle. Additional lanes can be made available for either
program.
® Scuba classes will be conducted during this evening time period as well.
D. June - August
Saturday
8:00 — 10:00am (long course)
** Circumstances, such as equipment failure, power outages, and meet usage by the high
school, could arise necessitating canceling of any of the contractual times. As much
notice as possible will be provided to permit notification to swimmers. In the event the
pool is closed for an extended period of time, adjustments to the quarterly fee may be
considered.
As indicated, hours of use are not exclusive and the Club may share Pool with other users
and/or programs as scheduled by the Pool Supervisor.
U. Club agrees to pay the City use fees as follows:
A quarterly invoice will be mailed to Club from the City Finance Department.
A. $ 2161.50 for 1" quarter — July, August, September
B. $ 2161.50 for 2 °d quarter — October, November, December
C. $ 2161.50 for 3" quarter — January, February, March
D. $ 2161.50 for 4d' quarter — April, May, June
Additionally, Club will be billed quarterly for use of office space at Pool. This amount
will equal $ 110.00 per month. See section XIV.
OExhibit A
If Club and City agree that Club may use the Pool at times in addition to those set out
above, the use fee for the additional time shall be determined by Club and Pool
Supervisor.
M. Term and Renewal
A. The term of this agreement shall be one (1) year; to commence on July 1, 2005.
IV. City hereby further grants Club use of Pool to host certain swim meets. Swim meet
dates must be submitted to the SLO Swim Center Supervisor a minimum of sixty (60)
days prior to the date. Club shall generally have exclusive use of pool and pool facilities
for scheduled, approved swim meets. Club agrees that no swim meet set -up or participant
warm -up will be allowed prior to the starting times arranged and that all swim meet
participants and spectators will remain outside the confines of the SLO Swim Center until
such starting time.
V. City agrees to provide the additional custodial supplies required during a swim
meet.
VI. Club agrees to leave entire facility in a clean, safe condition at the culmination of
each swim meet.
VII. In consideration for the pool time and services during swim meets, Club agrees to
pay City according to the following schedule of rates:
A. Sanctioned Swim Meets (Scheduled in accordance with Section N)
$55.00 per hour — inclusive of Pool staff (2) to assist with meet functions in
accordance with meet guidelines.
B. Sanctioned Dual, Intersquad meets, Clinics or time trials (Scheduled in
accordance with Section IV and when not occurring during regular hours for Club
use):
To be determined on a case by case basis between Club and Pool Supervisor.
VIII. City agrees to grant Club the concession rights during meets mentioned above. In
consideration for concession rights, Club agrees that no food sales or food consumption
will be allowed on deck and Club agrees to pay City (10 %) of gross sales of any food or
product sold during meets. Club agrees to inform any outside vendors participating in
meets of the requirement to pay City (10 %) of gross sales realized on City property.
IX. City hereby grants the Club the right, with no liability to the City for loss or
damage, to store at Pool such aquatic equipment that is associated with the Club's
program. The storage thereof shall not interfere with normal City operations of other
cJ
0 Exhibit A
aquatic programs, impede access to any part of the facility, or create a safety hazard.
Storage area shall be approved by the SLO Swim Center Supervisor.
X. Club agrees to defend, indemnify, protect and hold the City and its agents, officers
and employees harmless from and against any and all claims asserted or liability
established for damages or injuries to any person or property, including injury to the
Club's employees, agents or officers that arise from or are connected with or are caused
or claimed to be caused by the acts or omissions of the Club, and its agents, officers or
employees, in performing the work or services herein, and all expenses of investigating
and defending against same; provided, however, that the Club's duty to indemnify and
hold harmless shall not include any claims or liability arising from the established sole
negligence or willful misconduct of the City, its agents, officers or employees.
Club shall procure and maintain for the duration of this agreement insurance as specified
in the Insurance Requirements set forth in Exhibit "A ", attached and incorporated herein
by reference. The Insurance Requirements may be reduced upon written permission from
the City's Risk Manager.
XI. Club agrees to furnish, for its own use, any and all aquatic equipment it deems
necessary to conduct a safe training and competitive program. Such property, including
fixtures that are not an integral part of Pool, shall remain the property of the Club and
shall not be used by any other group without permission first being granted by the Club.
Any equipment provided by the Club to the City on a permanent basis shall be covered by
separate agreements. Club agrees to assist yearly with replacement costs of equipment
used by both City and Club such as lane lines, lane line reels, backstroke flags, etc.
X11. Club agrees to furnish, for its own use, a minimum of one (1) telephone; this
telephone to be installed in Club office space and in a location mutually agreed to by
Director of Parks and Recreation and Club representative. Telephone shall be listed in
local directory under Club's full name. All costs associated with telephone will be borne
by Club.
X111. Club shall furnish any and all personnel necessary to conduct its aquatic workouts
and swim meets. At least one coach must be on deck for the duration of all Club
workouts. Coaching staff shall remain at the facility until all Club users have left,
including times when City staff is also present. City staff shall not be responsible for
Club users still in the facility at the conclusion of the workout or meet.
Club coaching staff shall remain current in all certifications required by State agencies
and U.S.A. Swimming (or other affiliation). Club is responsible for providing copies
of current certificates for all coaching staff to Pool Supervisor.
If coaching staff is not present for a scheduled event, the Club practice will be
canceled and Club members at the facility will be asked to wait outside. Club is
(71,
• Exhibit A
required to inform Pool Supervisor of any changes in regular workout/practice
schedules.
Any person that is responsible for a Club aquatic activity must be a paid or volunteer
employee sanctioned by the Club Board of Directors. A list of such sanctioned
personnel will be provided to City and kept updated quarterly. Club shall also
maintain a current phone list of sanctioned personnel and provide a copy to the City.
XIV. City will make available to Club, on a space available basis, office space to conduct
Club business. The space determined for this use will be mutually agreed to by
Director of Parks and Recreation and Club representative. Club will compensate City
$110.00 per month for this office area, billed quarterly by the City Finance
Department, together with billing for Pool use fees. The Club office space shall be
kept maintained, by Club staff, in a manner acceptable to the City.
Should the area determined as Club office become necessary for City operations, this
section (XIV) may be terminated, upon thirty (30) days notices, and have no affect on the
remainder of this agreement.
XV. Club agrees to maintain at all times, during Club's use of Pool, an adequate supply
of first aid materials, including cold pack supplies, to meet the needs of both the workout
program and any swim meet activity /event. The availability of Club's first aid supplies
shall be known by all coaches and Club users. This is not inclusive of materials needed
to clean up a potential hazardous material spill.
XVI. Club agrees to accept responsibility for supervision of Club users at all times in
accordance with the U.S.A. Swimming Insurance Summary.
1. This supervision is inclusive to all parts of the facility (lobby, locker rooms, deck,
pool and multi - purpose room). This supervision begins when Club user enters the
facility and ends when Club user leaves the facility. Club users are expected to
follow reasonable standards of behavior at all times when using any part of the
facility (lobby, locker rooms, deck, pool and multi- purpose room). Coaching staff
is solely responsible for monitoring Club users at all times. The multi - purpose
room shall not be utilized by any Club member unless under constant supervision
by a Sanctioned Coach or Volunteer.
z. Coaching staff is responsible for performing a thorough walk through and check
of the facility before leaving after each shift. The purpose is to make sure all
members have left, all belongings are retrieved, and the facility is left clean and
safe. This is required even at times when other City staff are present and/or City
programs are still in progress
3. Coaching staff are responsible for securing the facility at times when no other
users or staff is present. No individuals shall be left un- supervised at the facility.
Coaching staff is responsible for securing all entrances and exits and restrooms.
Coaching staff may be responsible for activating the alarm.
U Exhibit A
4. All coaching staff will be provided training specific to the SLO Swim Center by
an individual from the Club designated by the Club Board of Directors. This
training will occur upon initial hiring and be conducted thereafter on an annual
basis. This training will include, but not be limited to: storage of lane lines, space
availability for each shift, operation and use of pool covers, alarm activation and
deactivation, user supervision, use of multi- purpose room, location of equipment,
location of first aid supplies, and securing facility.
5. All coaching staff will be provided an Emergency Procedure orientation
conducted by an individual designated by the Pool Supervisor.
XVII. Club retains the right to expand its program to meet the needs of the community
as outlined in its corporate articles and bylaws. Any expansion of programs will not
change use time or rental rates as described herein except as provided for in Section II of
this agreement.
XVIII. Club shall be responsible for damage to the physical plant and any City owned
equipment, excepting normal wear and tear, if the damage occurs during the time Club is
using Pool and the damage arises out of and is in connection with Club's use of the Pool.
XIX. Club shall notify the City if its tax- exempt and non - profit status should change.
XX. Either party may terminate this agreement without the other party's consent by
giving six months written notice.
XXI. Notices under this agreement shall be sent by certified mail, return receipt
requested, postage prepaid, addressed as follows:
CITY: Director of Parks and Recreation
City of San Luis Obispo
1341 Nipomo St.
San Luis Obispo, CA 93401
CLUB: San Luis Obispo Swim Club, Inc.
Board of Directors
P.O. Box 142
San Luis Obispo, CA 93406
XXII. Club agrees to defend, indemnify, protect and hold City and its agents, officers,
and employees harmless from and against any and all claims asserted or liability
established for damages or injuries to any person or property, including injury to
Club's employees, volunteers, and participants, arising out of Club's use or
occupancy of the SLO Swim Center, and all expenses of investigating and
defending against same. However, Club's duty to indemnify and hold harmless
shall not include any claims or liability arising from the established sole
negligence or willful misconduct of the City.
Exhibit A
IN WITNESS WHEREOF, the parties hereto have executed this agreement on the day
and year first above written.
CITY OF SAN LUIS OBISPO
By:
Mayor Dave Romero
ATTEST:
Audrey Hooper, City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell, City Attorney
SAN LUIS OBISPO SWIM CLUB, INC.
By:
Name
Title
Name
Title
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C' •
RESOLUTION NO. 9692 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE EMPLOYMENT CONTRACT OF
DEBORAH J. CASH, DOWNTOWN ASSOCIATION ADMINISTRATOR,
AND KRISTIN DENNIS, PROMOTIONS COORDINATOR,
FOR THE PERIOD JULY 19 2005 THROUGH JUNE 307 2006
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. CASH as Downtown Association Administrator for the period July 1, 2005
through June 30, 2006, attached hereto as Exhibit "A" and by this reference made a part hereof,
has been reviewed and is approved and the Mayor is authorized to execute same.
SECTION 2. That the contract of employment between the City of San Luis Obispo and
KRISTIN DENNIS as Promotions Coordinator for the period of July 1, 2005 through June 30,
2006, 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 Council Member Brown, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21" day of June 2005.
ATTEST:
. jvk-.",
Audrey Hoop r
City Clerk
.
Mayor David F. Romero
ff '.•
Resolution No. 9692 (2005 Series)
Page 2
APPROVED AS TO FORM:
Jonathan ell
City Attorney
Y_. u bit H
C •
CONTRACT OF EMPLOYMENT
THIS CONTRACT is entered into this 21st day of June, 2005, by and between the CITY
OF SAN LUIS OBISPO. State of California (hereinafter referred to as "City "), and DEBORAH J.
CASH, a contract employee (hereinafter referred to as "Employee ").
WITNESSETH:
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. Employ. 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 Board of Directors.
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 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 Downtown Association offers a
paid medical benefit for Employee and dependents not to exceed the $7,000 annually.
However, Employee may choose to participate in any health plan of her choice. Should
Employee not utilize the medical coverage provided by the Downtown Association. Employee
shall be entitled, upon proof of other current and valid medical coverage, to receive the cash
equivalent of the $7,000 benefit annually, dispersed in equal partial payments, on a per pay
period basis, over the course of each year. 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 $5,748.56 per month ($68,982.70 per
year), said compensation to be paid in accordance with normal City procedures.
6. Term of Contract. This Contract shall commence on July 1, 2005 through June 30,
2006, 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 temiination. Employee shall be paid for all work satisfactorily completed
prior to the effective date of such termination.
o •
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 S is subsequently found to
be improper.
S. Termination of Contract for Cause. If Employee fails to perform her duties to the
satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the
obligations under this Contract, or if Employee shall violate any of the terms of provisions of this
Contract, or if Employee has a physical or mental incapacity that precludes Employee from
performing the duties, or if Employee fails to exercise good behavior in either during or outside
of working hours which is of such a nature that it causes discredit to the City or impairs her ability
to perform these contract duties, then the City shall have the right to terminate this Contract
effective immediately upon the City's giving written notice thereof to Employee. Employee shall be
paid for all work satisfactorily completed prior to the effective date of such termination.
9. Entire Agreement and Modification. This Contract constitutes the entire understanding
of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or
understandings, whether written or oral, between the parties. Employee shall be entitled to no other
benefits than those specified herein, and Employee acknowledges that no representations,
inducements or promises not contained in this Contract have been made to Employee to induce
Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be
effective unless in writing and signed by both parties. Employee specifically acknowledges that in
entering into and executing this Contract, Employee relies solely upon the provisions contained in
this Contract and no others.
10. Non- Assignment of Contract. This Contract is intended to secure the individual
services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this
Contract or any interest therein without the prior written consent of City, and any such assignment,
transfer, delegation, or sublet this Contract or any interest therein without the prior written consent
0
of Cite. and any such assignment. transfer, delegation. or sublet without the CitVtS pilot- 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. Copyright. Any reports, maps, documents or other materials produced in whole or part
under this Contract shall be the property of the City and shall not be subject to an application for
copyright by or on behalf of Employee, without the prior written approval of the City.
15. Outside Emplovment. 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.
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
Ci •
provisions herein shall remain in full force and effect and shall in no way be affected, impaired or
invalidated thereby.
IN WITNESS WHEREOF, City and Employee have executed this Contract on the day and
year first hereinabove set forth.
CITY OF SAN LUIS OBISPO
BY:
David F. Romero, Mayor
EMPLOYEE:
Deborah J. Cash, CMS
ATTEST:
/-4
Audrey Ho er, City GJerk
APPROVED AS TO FORM
Jonatha Lowell, City Attorney
t)4,fi
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RACT OF EINVLOYIN9ENT
THIS CONTRACT is entered into this 21st day of June, 2005, by and between the CITY
OF SAN LUIS OBISPO. State of California (hereinafter referred to as "City "), and KRISTIN
DENNIS, 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 of Directors. 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
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
J O
milca�,e 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 $2,828.97 per month ($35,147.67) per
year).
6. Term of Contract. This Contract shall commence on July 1, 2005 through June 30,
2006, unless terminated earlier as provided herein. The City Administrative Officer may terminate
the contract without the need for action, approval or ratification by the City Council.
7. Termination of Contract for Convenience. Either party may terminate this Contract at
any time by giving to the other party fifteen (15) days written notice of such termination, specifying
the effective date of such termination. Employee shall be paid for all work satisfactorily completed
prior to the effective date of such termination. Employee agrees that the notice provisions of this
paragraph shall limit the liability of the City in the event that a termination action taken by City
pursuant to paragraph 8 is subsequently found to be improper.
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
C
of' workin` hours which is of such a nature that it causes discredit to the City or impairs her ability
to perform these contract duties, then the City shall have the right to terminate this Contract
effective immediately upon the City's giving written notice thereof to Employee. Employee shall be
paid for all work satisfactorily completed prior to the effective date of such termination.
9. Entire Agreement and Modification. This Contract constitutes the entire understanding
of the parties hereto. This Contract supersedes all previous contracts, agreements, negotiations or
understandings, whether written or oral, between the parties. Employee shall be entitled to no other
benefits than those specified herein, and Employee acknowledges that no representations,
inducements or promises not contained in this Contract have been made to Employee to induce
Employee to enter into this Contract. No changes, amendments, or alterations hereto shall be
effective unless in writing and signed by both parties. Employee specifically acknowledges that in
entering into and executing this Contract, Employee relies solely upon the provisions contained in
this Contract and no others.
10. Non - Assignment of Contract. This Contract is intended to secure the individual
services of the Employee and thus Employee shall not assign, transfer, delegate, or sublet this
Contract or any interest therein without the prior written consent of City, and any such assignment,
transfer, delegation, or sublet this Contract or any interest therein without the prior written consent
of City, and any such assignment, transfer, delegation, or sublet without the City's prior written
consent shall be considered null and void.
11. Covenant. This Contract has been executed and delivered in the State of California,
and the validity, enforceability and interpretation of any of the clauses of this Contract shall be
deternnined 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.
0
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. Copyright. Any reports, maps, documents or other materials produced in whole or part
under this Contract shall be the property of the City and shall not be subject to an application for
copyright by or on behalf of Employee, without the prior written approval of the City.
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.
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.
crn' OF SAN LUIS OBISPO
David F. Romero. Mayor
EMPLOYEE:
Kristin Dennis
ATTEST:
Audrey Hoope , City Ci-eil
APPROVED AS TO FORM
J6na n Lowell, City Attorney
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RESOLUTION NO. 9691 (2005 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A RESIDENTAL PARKING PERMIT DISTRICT FOR PORTIONS
OF PALOMAR AND SERRANO STREETS AND ESTABLISHING DAYS AND HOURS
OF OPERATION OF SAID DISTRICT AND TIME OF RENEWAL
FOR A PARKING PERMIT
WHEREAS, the Council of the City of San Luis Obispo has received a petition from the
majority of the households beginning with, and including 82 to 98 Palomar Street, and 530 to
699 Serrano Street, and
WHEREAS, the Council of the City of San Luis Obispo has determined that the
preservation of the character of neighborhood for the residents of this area has been adversely
affected by non - residents using the neighborhood streets for excessive parking; and
WHEREAS, the Council of the City of San Luis Obispo has determined that the
restriction of non - resident parked vehicles on the neighborhood street will improve pedestrian
and vehicular safety and allow residents to gain proper access to their households; and
WHEREAS, the Council of the City of San Luis Obispo has held a public hearing to
consider the establishment of a.residential parking permit district and determined the parking
permit district will preserve the character of the neighborhood for the residents of the district.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Pursuant to Section 10.36.170 et seq. of the San Luis Obispo Municipal
Code, the residential parking permit district is hereby established as shown in Attachment 1 to
include addresses 82 to 98 on both sides of Palomar Street and 530 to 699 on both sides of
Serrano Street.
SECTION 2. No other vehicles other than vehicles providing services to the area or
having a residential parking permit clearly displayed between the front windshield and the rear-
view mirror shall park in the area from 10:00 PM to 6:00 AM, seven days a week.
SECTION 3. The Public Works Department shall be directed to post the district with
signs clearly indicating these parking restrictions.
SECTION 4. The Parking Services Division shall issue residential parking permits on
demand as permitted in Section 10.36.220 of the San Luis Obispo Municipal Code. Parking
permits shall be issued for a year effective September 15th of each year. This issuance will
include the households from 603 to 633 on Luneta Street, as the district will directly affect these
residences and street since parking is prohibited in that area ofLuneta Street.
R 9691
C
Resolution No. 9691 (2005 Series)
Page 2
On motion of Council Member Settle, seconded by Council Member Brown, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 7th day of June 2005.
Mayor David F. Romero
ATTEST:
1,
Audrey Ho er
City Cler
APPROVED AS TO FORM:
J n P. Lowell
City Attorney
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RESOLUTION NO. 9690 (2005 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING ACCEPTANCE OF A CONSERVATION EASEMENT
OR EASEMENTS ON REAL PROPERTY
WHEREAS, Phyllis Madonna, Connie Pearce, and Clint Pearce ( "Grantors ") are the
joint owners in fee simple of certain real property in San Luis Obispo County, California, outside
of but adjacent to the City of San Luis Obispo, described as Assessor's Parcel Number 067 -061-
054 and commonly referred to as the Boysen Ranch (the "Property "); and
WHEREAS, the Property possesses natural resource values including wildlife and plant
resources, and scenic open space values (the "Conservation Values ") of great importance to
Grantors, the people of the City of San Luis Obispo, and the people of the State of California;
and
WHEREAS, due to the Property's topography it is particularly valuable as a site on
which to conduct wetland mitigation and enhancement projects; and
WHEREAS, Grantor intends that the conservation values of the Property be preserved
and maintained by the continuation of currently existing land use patterns; and
WHEREAS, Grantor further intends, as owner of the Property, to convey to the City of
San Luis Obispo the right to preserve and protect the conservation values of the property in
perpetuity; and
WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the
State of California that is authorized by law to accept Conservation Easements; and
WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor the
intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation
values of the Property for the benefit of this generation and the generations to come.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes acceptance of the offer of donation of a Conservation Easement
or Easements for Assessor's Parcel Number 067 - 061 -054, subject to non -
substantive changes approved by the City Attorney, and as may be required
by the U.S. Army Corps of Engineers; and
2. Authorizes and directs the Mayor to accept said Conservation Easement (or
Easements) on behalf of the City of San Luis Obispo.
ff '0`1
Resolution No. 9690 (2005 Series)
Page 2
Upon motion of Council Member Settle seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7`s day of June 2005.
Mayor David F. Romero
ATTEST:
daa'
Audrey H06per
City Clerk
APPROVED AS TO FORM:
Jonath . Lowell
City Attorney
� /�� •
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RESOLUTION NO. 9689 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DIRECTING STAFF TO INCLUDE THE AHWAHNEE PRINCIPLES AND THE
AHWAHNEE WATER PRINCIPLES FOR RESOURCE EFFICIENT LAND USE AS A
RESOURCE TO HELP GUIDE FUTURE DEVELOPMENT OF
GENERAL PLAN UPDATES
WHEREAS, the City of San Luis Obispo has long held an interest in providing our
decision makers with a General Plan that supports a sustainable community; and
WHEREAS, the City of San Luis Obispo believes the Ahwahnee Principles and the
Ahwahnee Water Principles for Resource Efficient Land Use will provide a useful resource to
help guide future development of General Plan and General Plan Element updates.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the staff is hereby directed to include the Ahwahnee Principles and the Ahwahnee
Water Principles for Resource Efficient Land Use as a resource to help guide future development
of General Plan and General Plan Element updates and to share those Principles with the public
and advisory groups involved in these updates.
Upon motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7`s day of June 2005.
Mayor David F. Romero
ATTEST:
1/0 66v-( 4 �
Audrey Hoo er
City Clerk
Resolution No. 9689 (2005 Series)
Page 2
APPROVED AS TO FORM:
Jon th
mi
P. Lowell
City Attorney
I
Preamble:
The Ahwahnee Principles
Existing patterns of urban and suburban development seriously impair our quality of life.
The symptoms are: more congestion and air pollution resulting from our increased dependence
on automobiles, the loss of precious open space, the need for costly improvements to roads and public
services, the inequitable distribution of economic resources, and the loss of a sense of community. By
drawing upon the best from the past and the present, we can plan communities that will more successfully
serve the needs of those who live and work within them. Such planning should adhere to certain
fundamental principles.
Community Principles:
All planning should be in the form of complete and integrated communities containing housing,
shops, work places, schools, parks and civic facilities essential to the daily life of the residents.
2. Community size should be designed so that housing, jobs,-daily needs and other activities are within
easy walking distance of each other.
3. As many activities as possible should be located within easy walling distance of transit stops.
4. A community should contain a diversity of housing types to enable citizens from a wide range of
economic levels and age groups to live within its boundaries.
5. Businesses within the community should provide a range of job types for the community's residents.
6. The location and character of the community should be consistent with a larger transit network.
7. The community should have a center focus that combines commercial, civic, cultural and
recreational uses.
8. The community should contain an ample supply of specialized open space in the form of squares,
greens and parks whose frequent use is encouraged through placement and design.
9. Public spaces should be designed to encourage the attention and presence of people at all hours of
the day and night.
10. Each community or duster of communities should have a well defined edge, such as agricultural
greenbelts or wildlife corridors, permanently protected from development.
11. Streets, pedestrian paths and bike paths should contribute to a system of fully- connected and
interesting routes to all destinations. Their design should encourage pedestrian and bicycle use by
being small and spatially defined by buildings, trees and lighting; and by discouraging high speed
traffic.
12. Wherever possible, the natural terrain, drainage, and.vegetation of the community should be
preserved with superior examples contained within parks or greenbelts.
O
13. The community design should help conserve resources and minimize waste.
14. Communities should provide for the efficient use of water through the use of natural drainage,
drought tolerant landscaping and recycling.
15. The street orientation, the placement of buildings and the use of shading should contribute to the
energy efficiency of the community.
Regional Principles:
The regional land use planning structure should be integrated within a larger transportation network
built around transit rather than freeways.
2. Regions should be bounded by and provide a continuous system of greenbelt/wiIdlife corridors to be
determined by natural conditions.
3.. Regional institutions and services ( govemment, stadiums, museums, etc.) should be located in the
urban core.
4. Materials and methods of construction should be spec to the region, exhibiting continuity of
history and culture and compatibility with the climate to encourage the development of local
character and community identity.
Implementation Strategy:
1. The general plan should be updated to incorporate the above principles.
2. . Rather than allowing developer4nitiated, piecemeal development, local governments should take
charge of the planning process. General plans should designate where new growth, infill or
redevelopment will be allowed to occur.
3. Prior to any development, a specific plan should be prepared based on the planning principles. With
the adoption of specific plans, complying projects could proceed with minimal delay.
4. Plans should be developed through an open process and participants in the process should be
provided visual models of all planning proposals.
Authors: Peter Calthorpe Editors: Peter Katz
Michael Corbett Judy Corbett
Andres Duany Steve Weissman
Elizabeth Moule
Elizabeth Plater - Zyberk
Stefanos Polyzoides
For more information, contact the LGC Center for Livable Communities: 916-448 -1198
0 Copyright 1991, Local Government Commission, Sacramento, CA
M
0
The Ahwa.hnee Water Principles
for Resource Efficient Land Use
Preamble
Cities and counties are facing major challenges with water contamination, storm .
water runoff, flood damage liability, and concerns about whether there will be
enough reliable water for current residents as well as for new development, , .
These issues impact city and county budgets and taxpayers. Fortunately thdre are
a number of stewardship actions that cities and counties can take that reduce costs
and improve the reliability and quality of our water resources.
The Water Principles below complement the Ahwahnee Principles for Resource -
Efficient Communities that were developed in 1991. Many cities and counties are
already using them to improve the vitality and prosperity of their communities.
Community Principles
Community design should be compact, mixed use, walkable and transit- oriented
so that automobile- generated urban runoff pollutants are minimized and the open
lands that absorb water are preserved to the maximum extent possible. (See the
Ahwabnee Principles for Resource - Efficient Communities)
2. Natural resources such as wetlands, flood plains, recharge zones, riparian areas,
open space, and native habitats should be identified, preserved and restored as
valued assets for flood protection, water quality improvement, groundwater
recharge, habitat, and overall long -term water resource sustainability.
3. Water holding areas such as creek beds, recessed athletic fields, ponds, cisterns,
and other features drat serve to recharge groundwater, reduce runoff, improve
water quality and decrease flooding should be incorporated into the urban
landscape.
4. All aspects of landscaping from the selection of plants to soil preparation and the
installation of irrigation systems should be designed to reduce water demand,
retain runoff, decrease flooding, and recharge groundwater.
5. Permeable surfaces should be used for handscape. Impervious surfaces such as
driveways, streets, and parking lots should be nvnunized so that land is available
to absorb storm water, reduce polluted urban runoff, recharge groundwater and
reduce flooding.
b. Dual plumbing that allows grey water from showers, sinks and washers to be
reused for landscape irrigation should be included in the infiastructure of new
development.
7. Community design should maximize the use of recycled water for appropriate
applications including outdoor irrigation, toilet flushing, and commercial and
industrial processes. Purple pipe should be installed in all new construction and
remodeled buildings in anticipation of the future availability of recycled watef.
8. Urban water conservation technologies.such as low-flow toilets, efficient clothes
washers, and more efficient water -using industrial equipment should be
incorporated in all new construction and retrofitted in remodeled buildings.
9. Ground water treatment and brackish water desalination should be pursued when
necessary to maximize locally available, drought -proof water supplies.
Implementation Principles
1. Water supply agencies should be consulted early in the land use decision- making
process regarding technology, demographics and growth projections.
2. City and county officials, the 'watershed council, LAFCO, special districts and
other stakeholders sharing watersheds should collaborate to take advantage of the
benefits and synergies of water resource planning at a watershed level.
3. The best, multi- benefit and integrated strategies and projects should be identified
and implemented before less integrated proposals, unless urgency demands
otherwise.
4. From start to finish, projects and programs should involve the public, build
relationships, and increase the sharing of and access to information. The
participatory process should focus on ensuring that all residents have access to
clean, reliable and affordable water for drinking and recreation.
5. Plans, programs, projects and policies should be monitored and evaluated to
determine if the expected results are achieved and to improve future practices.
Authors:
Editor:
Celeste Cantu Martha Davis
Susan Lien Longville Jonas Minton
Virginia Porter Al Wanger
Judy Corbett
Jennifer Hosterman
Mary Nichols
Kevin Wolfe
For more information, contact the LGC Center for
Livable Communities: 916 -448 -1198, ext 321.
0 Copyright 2005, Local Government Commission, Sacramento CA 95814
o •
RESOLUTION NO. 9688 (2005 Series)
A RESOLUTION OF THE COUNCIL
OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING SEWER SERVICE RATES
WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees and rates
on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully
cover the cost of providing services; and
WHEREAS, a comprehensive analysis of sewer fund operating, capital and debt service needs has
been performed for fiscal years 2004 -05 through 2009 -10; and
WHEREAS, this comprehensive analysis has been revised based on updated revenue and
expenditure information; and
WHEREAS, the Council has reviewed the sewer service rates necessary to meet systern operating,
capital and debt service requirements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Resolution No. 9569 (2004 Series) is hereby rescinded, effective July 1, 2005.
SECTION 2. The rates set forth in Exhibit "A" are hereby adopted, establishing rates effective
July 1, 2005 and July 1, 2006.
Upon motion of Council Member Settle seconded by Vice Mayor Ewan, and on the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 2°d day of June 2005.
Mayor David F. Romero
ATTEST:
Audrey Hoo e
City Clerk
Resolution No. 9688 (2005 Se...$)
Page 2
APPROVED AS TO FORM:
Jonidian,towell
City Attorney
Resolution No. 9688 (2005 SE__.$)
Page 3
MONTHLY SEWER SERVICE RATES
Single family dwelling,
including single meter 32.33 $ 35.56
condominiums and
townhouses
Multi- family dwelling in any
duplex, apartment house or 25.46 28.01
rooming house, per each
dwelling unit
Mobile home or trailer park, 19.22 21.14
per each dwelling unit
Public, private, or parochial 3.65 4.02
school, average daily
attendance at the school
Minimum charge 32.33 35.56
Additional charge for every 3.90 4.29
100 cubic feet in excess of
500 cubic feet of metered
water consumption
Minimum charge 106.51 117.16
Additional charge per 100 6.41 7.05
gallons in excess of 1500
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I� •
RESOLUTION NO. 9687 (2005 Series)
A RESOLUTION OF THE COUNCIL
OF THE CITY OF SAN LUIS OBISPO
SETTING WATER METER AND ADAPTER CHARGES
WHEREAS, it is the policy of the City of San Luis Obispo to review charges on an ongoing basis
and to adjust them as required to ensure that they remain equitable and adequate to fully cover the cost of
providing fixtures.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The charges set forth in Exhibit "A" are hereby adopted, effective July 1, 2005.
Upon motion of Council Member Settle seconded by Vice Mayor Ewan, and on the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 2°d day of June 2005.
Mayor David F. Romero
ATTEST:
k
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
Jonath . Lowell
City Attorney
R 9687
Resolution No. 9687 (2005 Sf,— ;s)
Page 2
WATER METER AND ADAPTOR CHARGES
•
.58 x.75 inches (5/8 x % inch) $ 53.70
.75 inch (3/4 inch) $ 81.05
1.0 inch $ 96.67
1.5 inch $553.00
2.0 inch $851.00
3.0 inch and laraer Time and materials
1.0 inch service / .58 inch x .75 inch meter
$11.00 per pair
1.0 inch service /.75 inch meter
$11.00 per pair
1.5 inch service / 1.0 inch meter
$52.00 per pair
2.0 inch service / 1.0 inch meter
$54.00 per pair
2.0 inch service / 1.5 inch meter
$78.00 per pair
���Le o
•
RESOLUTION NO. 9686 (2005 Series)
A RESOLUTION OF THE COUNCIL
OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING WATER SERVICE RATES
WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees and rates
on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully
cover the cost of providing services; and
WHEREAS, a comprehensive analysis of Water Fund operating, capital and debt service needs has
been performed for fiscal years 2005 -06 through 2011 -12; and
WHEREAS, this comprehensive analysis has been revised based on updated revenue and
expenditure information; and
WHEREAS, the Council has reviewed the water service rates necessary to meet system operating,
capital and debt service requirements.
NOW, THEREFORE, BE IT.RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Resolution No.9568 (2004 Series) is hereby rescinded, effective July 1, 2005.
SECTION 2. The rates set forth in Exhibit "A" are hereby adopted, establishing rates effective
July 1, 2005 and July 1, 2006.
SECTION 3. The water system access charges are increased from $22.09 per month to $23.86, per
month, effective July 1, 2005, and from $23.86 to $25.77 per month, effective July 1, 2006, to reflect the
increase in water rates.
Upon motion of Council Member Settle seconded by Vice Mayor Ewan, and on the following roll call vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was adopted this 2nd day of June 2005.
Mayor David F. Romero
ATTEST:
Audrey Hoope
City Clerk
•
Resolution No. 9686 (2005 Se...:s)
Page 2
APPROVED AS TO FORM:
Q:ona P. Lowell
City Attomey
Resolution No. 9686 (2005 S&,,es)
Page 3
MONTHLY WATER SERVICE RATES
2006 Rates Effective July 1,
Inside the City Rates 1 - 5 CCF $3.16 /CCF
5 —10 CCF $3.961CCF
Outside the City Rates' 1 - 5 CCF $6.32/CCF
5 —10 CCF $7.92/CCF
' For service to customers outside the City, the rates are two times the In City rate.
c�'����.Y�,�,t.J
RESOLUTION NO. 9685 (2005 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING SERVICE REFINEMENTS TO
SAN LUIS OBISPO TRANSIT
WHEREAS, the City of San Luis Obispo adopted a Short Range Transit Plan
(SRTP) on August 28, 2003 recommending services changes to improve system
performance, fare revenue, and ridership; and
WHEREAS, the City of San Luis Obispo implemented the recommended service
changes from its SRTP on January 4, 2004; and
WHEREAS, the City of San Luis Obispo prepared a Annual Performance Report
indicating that the service changes have exceeded expectations; and
WHEREAS, staff presented minor changes to improve system performance to the
Mass Transportation Committee on March 9, 2005; and
WHEREAS, the Mass Transportation Committee recommended the following
service changes to San Luis Obispo Transit:
a. Increasing headways on Route 3 from thirty minutes to forty minutes to
improve on -time performance;
b. Approving new operating hours for the Sunday trolley service from 12:00
p.m. to 5:30 p.m. to accommodate ridership demand;
c. Approving a schedule change on Routes 7 and 8 to operate evening
service during peak season demand (from Labor Day to June 15) to
improve system performance and reduce service cost. Routes 7 and 8
would not operate from June 16'h through Labor Day due to low ridership
demand;
d. Using Sunday Service on Routes 1, 2, 3, 4, 5 on Thanksgiving Friday,
Thanksgiving Saturday, Presidents Day, Martin Luther King Day, and the
weekdays between Christmas Day and New Year's Day; and
e. Using Sunday Service on Routes 7, 8 and the trolley on Thanksgiving
Friday, Martin Luther King Day, and 10 days during winter break in
December (period from one week before Christmas to New Year's Day);
and
WHEREAS, in addition, staff recommends the use of Sunday Service on all routes
(including 6a and 6b) for the following holidays: Thanksgiving Friday, Thanksgiving
Saturday, Presidents Day, Martin Luther King Day, and the weekdays between Christmas
Day and New Year's Day.
ff 89 :I
Resolution No. 9685 (20W Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo that it will implement the service refinements as recommended.
Upon motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle,
Vice Mayor Ewan and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17t` day of May 2005
Mayor David F. Romero
ATTEST:
J& 66k/ C .�.
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
on an P. Lowell
City Attorney
VUa _Lo �lcl -k -O
•
RESOLUTION NO. 9684 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE CITY'S MASTER FEE SCHEDULE FOR
THE RECOVERY OF COSTS RELATED TO FIRE AND LIFE SAFETY
INSPECTIONS OF ALL MULTI - DWELLING RENTAL PROPERTIES
CONTAINING THREE OR MORE DWELLING UNITS AND
AUTHORIZING COLLECTION OF THESE FEES FOR 2005 -06
ON THE SECURED PROPERTY TAX ROLL
WHEREAS, the City of San Luis Obispo is required by California Health & Safety Code
Section 17921 to annually inspect multi - dwelling rental properties containing three or more
dwelling units, including apartments, hotels, motels, lodging houses and congregate residence;
and
WHEREAS, a typical fire and life safety inspection at these facilities would include, but
not be limited to, checking fire alarm systems, fire sprinkler systems, fire extinguishers, common
areas for fire hazards, exiting and fire access issues; and
WHEREAS, California Health & Safety Code Section 13146 authorizes cities to charge
property owners in recovering the reasonable costs of providing these annual inspections; and
WHEREAS, it is the policy of the City of San Luis Obispo to review 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
(2001 Series) updating the master fee schedule; and
WHEREAS, the Council considered amendments to the master fee schedule at a public
hearing on May 17, 2005 based on a detailed analysis of costs and funding requirements to meet
adopted cost recovery goals.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City's master fee schedule is hereby amended by the addition of a
multi - dwelling rental property fire and life safety inspection fees as set forth in "Exhibit A"
attached hereto.
SECTION 2. These fees shall be effective on July 1, 2005.
SECTION 3. As authorized in California Health & Safety Code Section 13146.2(b) and
Municipal Code Section 3.50, these fees shall be collected on the secured property tax roll for
fiscal year 2005 -06. A listing of fees by assessor's parcel number shall be provided to the
County Auditor - Controller for collection on the 2005 -06 secured property tax roll in accordance
with their schedule and data format requirements.
'.:E,
O •
Resolution No. 9684 (2005 Series)
Page 2
Upon motion of Council Member Brown, seconded by Vice Mayor Ewan, and on the
Following roll call vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and
Mayor Romero
NOES: Council Member Settle
ABSENT: None
The foregoing resolution was adopted this 17"' day of May 2005..
Mayor David F. Romero
ATTEST:
. / , , k' 4, '�
Audrey Hoo erg
City Clerk
APPROVED AS TO FORM:
Jonath well
City Attorney
O •
EXHIBIT A
Multi - Dwelling Rental Property Fire and Life Safety Inspection Fee Schedule
Effective July 1, 2005
Apartments
$50.00 per unit per year
Administrative Fee of $67.00 /year per facility
>500 units - $15,000 maximum per property
Hotels, Motels, Lodging House, Bed & Breakfast Facilities, Youth Hostel Facilities and
Senior Facilities
1 to 30 units
31 to 80 units
More than 80 units
$202 /year per facility
$302 /year per facility
$402 /year per facility
Sororities, Fraternities and Other Congregate Residences
$477 /year per facility
These fees are applicable to all Multi- Dwelling Rental units in the City based on the following
definitions as set forth in the 2001 California Building Code, Chapter 2: Definitions and
Abbreviations, Section 201
Apartment house is any building, or portion thereof, which contains three or more dwelling
units.
Congregate residences are any building or portion thereof that contains facilities for living,
sleeping and sanitation, as required by this code, and may include facilities for eating and
cooking, for occupancy by other than a family. A congregate residence may be a shelter,
convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals,
nursing homes, hotels, or lodging houses.
Dwelling unit is any building or portion thereof that contains living facilities, including
provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more
than one family, or a congregate residence for ten or less persons.
Hotel is any building containing six or more guest rooms intended or designed to be use, or
which are used, rented or hired, out to be occupied, or which are occupied for sleeping purposes
by guests.
Lodging house is any building or portion thereof containing not more than five guest rooms
where rent is paid in money, goods, labor or otherwise. (A lodging house includes bed &
breakfast facilities and hostels, but excludes single family dwellings).
Motel shall mean the same as hotel as defined in this code.
•
RESOLUTION NO. 9683 (2005 Series)
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY COUNCIL CITY OF SAN LUIS OBISPO
WHEREAS, the Public Employees' Retirement Law permits the
participation of public agencies and their employees in the Public Employees'
Retirement System by the execution of a contract, and sets forth the procedure
by which said public agencies may elect to subject themselves and their
employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is
the adoption by the governing body of the public agency of a resolution giving
notice of its intention to approve an amendment to said contract, which resolution
shall contain a summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 21548 (Pre- Retirement Optional
Settlement 2 Death benefit) for local miscellaneous
members and local police members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the
above agency does hereby give notice of intention to approve an amendment to
the contract between said public agency and the Board of Administration of the
Public Employees' Retirement System, a copy of said amendment being
attached hereto as an "Exhibit" and by this reference made a part hereof.
Upon motion of Vice Mayor Ewan, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan
and Mayor Romero
NOES: None
ABSENT: None
Resolution No. 9683 (2005 Series)
Page 2
0
The foregoing resolution was adopted this 171h day of May 2005.
Mayor David F. Romero
ATTEST:
Audrey Obper
City Cle
APPROVED AS TO FORM:
Jon . Lowe_ II
City Attorney
Io
CaIPERS
C
California
Public Employees' Retirement System
•
EXHIBIT
AMENDMENT TO CONTRACT
Between the
Board of Administration
California Public Employees" Retirement System
and the
City Council
City of San Luis Obispo
The Board of Administration, California Public Employees' Retirement System,
hereinafter referred to as Board, and the governing body of the above public agency,
hereinafter referred to as Public Agency, having entered into a contract effective July 1,
1952, and witnessed June 9, 1952, and as amended effective October 1, 1962, October
3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978,
January 16, 1980, May 1, 1980, July 1, 1980, July 1, 1983, July 1, 1986, July 23, 1987,
November 16, 1989, August 8, 1993, November 5, 1999, January 7, 2000, July 6, 2000,
September 21, 2.001 March 28, 2002, July 18, 2002, January 30, 2003, and February
27, 2003 which provides for participation of Public Agency in said System, Board and
Public Agency hereby agree as follows:
A. Paragraphs 1 through 14 are hereby stricken from said contract as executed
effective February 27, 2003, and hereby replaced by the following paragraphs
numbered 1 through 14 inclusive:
1. All words and terms used herein which are defined in the Public
Employees' Retirement Law shall have the meaning as defined therein
unless otherwise specifically provided. "Normal retirement age" shall
mean age 55 for local miscellaneous members and age 55 for local fire
members, and a9e 50 for local police members.
c •
" i.; 21 ONLY ".
2. Public Agency shall participate in the Public Employees' Retirement
System from and after July 1, 1952 making its employees as hereinafter
provided, members of said System subject to all provisions of the Public
Employees' Retirement Law except such as apply only on election of a
contracting agency and are not provided for herein and to all amendments
to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Employees of Public Agency in the following classes shall become
members of said Retirement System except such in each such class as
are excluded by law or this agreement:
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
c. Employees other than local safety members (herein referred to as
local miscellaneous members). .
4. In addition to the classes of employees excluded from membership by
said Retirement Law, the following classes of employees shall not become
members of said Retirement System:
a. CROSSING GUARDS
5. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment before and not on or after January 30, 2003 shall be
determined in accordance with Section 21354 of said Retirement Law
(2% at age 55 Full).
6. The percentage of final compensation to be provided for each year of
credited prior and current service as a local miscellaneous member in
employment on or, after January 30, 2003 shall be determined in
accordance with Section 21354.5 of said Retirement Law (2.7% at age 55
Full).
7. The percentage of final compensation to be provided for each year of
credited prior and current service as a local police member shall be
determined in accordance with Section 21362.2 of said Retirement Law
(3% at age 50 Full).
O O
PLEASE DO NOT SIGN "EX* h,i, . .
8. The percentage of final compensation to be provided for each year of
credited prior and current service as a local fire member shall be
determined in accordance with Section 21363.1 of said Retirement Law
(3% at age 55 Full).
9. Public Agency elected and elects to be subject to the following optional
provisions:
a. Section 21573 (Third Level of 1959 Survivor Benefits) for local fire
members only.
b. Section 21574 (Fourth Level of 1959 Survivor Benefits) for local
miscellaneous members and local police members only.
C. Sections 21624, 21626 and 21628 (Post- Retirement Survivor
Allowance) for local safety members only.
d.. Section 20965 (Credit for Unused Sick Leave).
e. Section 20042 (One -Year Final Compensation) for local
miscellaneous members and local police members, and for those
local fire members entering membership on or prior to July 1, 1986.
f. Section 20475 (Different Level of Benefits). Section 20042 (One -
Year Final Compensation) is not applicable to local fire members
entering membership after July 1, 1986.
g. Section 20903 (Two Years Additional Service Credit) for local
miscellaneous members only.
h. Section 21024 (Military Service Credit as Public Service)..
i. Section 21548 (Pre- Retirement Optional Settlement 2 Death
Benefit) for local miscellaneous members and local police members
only.
10. Public Agency, in accordance with Government Code Section 20790,
ceased to be an "employer" for purposes of Section 20834 effective on
June 1, 1976. Accumulated contributions of Public Agency shall be fixed
and determined as provided in Government Code Section 20834, and
accumulated contributions thereafter shall be held by the Board as
provided in Government Code Section 20834.
O O
"E
PEASE DO NOTSIGN ' ' "r"`
11. Public Agency shall contribute to said Retirement System the contributions
determined by actuarial valuations of prior and future service liability with
respect to local miscellaneous members and local safety members of said
Retirement System.
12. Public Agency shall also contribute to said Retirement System as follows:
a. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21573 of said Retirement
Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local fire members.
b. Contributions required per covered member on account of the 1959
Survivor Benefits provided under Section 21574 of said Retirement
Law. (Subject to annual change.) ' In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a
single account, based on term insurance rates, for survivors of all
local police members and local miscellaneous members.
C. A reasonable amount, as fixed by the Board, payable in one
installment within 60 days of date of contract to cover the costs of
administering said System as it affects the employees of Public
Agency, not including the costs of special valuations or of the
periodic investigation and valuations required by law.
d. A reasonable amount, as fixed by the Board, payable in one
installment as the occasions arise, to cover the costs of special
valuations on account of employees of Public Agency, and costs of
the periodic investigation and valuations required by law.
13. Contributions required of Public Agency and its employees shall be
subject to adjustment by Board on account of amendments to the Public
Employees' Retirement Law, and on account of the experience under the
Retirement System as determined by the periodic investigation and
valuation required by said Retirement Law.
n
14. Contributions required of Public Agency and its employees shall be paid
by Public Agency to the Retirement System within fifteen days after the
end of the period to which said contributions refer or as may be prescribed
by Board regulation. If more or less than the correct amount of
contributions is paid for any period, proper adjustment shall be made in
connection with subsequent remittances. Adjustments on account of
errors in contributions required of any employee may be made by direct
payments between the employee and the Board.
B. This amendment shall be effective on the
BOARD OF ADMINISTRATION
PUBLIC EMPLOYEES' RETIREMFKTZSYSTEM
BY
LORI MCGARTLAND, ACTINO CHIEF
ACTUARIAL &.EMPLO 'SERVICES DIVISION
PUBLIC EMPILOYEE$6kr=TIREMENT SYSTEM
n�-
r v
AMENDMENT ER#0319
PERS-WN•702A (Rev. 8102)
day of ,
CITY COUNCIL
CITY OF SAN LUIS OBISPO
BY
PRESIDING OFFICER
. <` ;."\
�c
Witness Elate
Attes {.,
Clerk
� `�
U
O •
RESOLUTION NO. 9682 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DIRECTING THE CAO TO SUBMIT GRANT FUNDING APPLICATIONS FOR
VARIOUS TRANSPORTATION FUNDING SOURCES
WHEREAS, the City Of San Luis Obispo actively pursues funding for programs and projects
to augment delivery of needed services to the community; and
WHEREAS, various grant sources become available during the year for miscellaneous
purposes including transportation safety and enhancement; and
WHEREAS, the City Council finds that implementation of these projects described below will
improve transportation in San Luis Obispo, consistent with the community's General Plan
Circulation Element.
NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
SECTION 1. The City Council directs the City Administrative Officer (CAO) to submit an
Office of Traffic Safety (OTS) grant application to Caltrans and to enter into any subsequent
cooperative agreements with that agency for the following project:
Automated Collision Analysis and Tracking System Upgrade - GIS ($108,900 total cost).
SECTION 2. The City Council hereby certifies that it will provide a minimum ten percent
(10 %) local funding match for the project described in Section 1.
SECTION 3. The City Council directs the City Administrative Officer (CAO) to submit a
Hazard Elimination Safety (HES) grant application to Caltrans and to enter into any subsequent
cooperative agreements with that agency for the following project:
Orcutt Road Widening Project ($360,000 total grant request).
SECTION 4. The City Council directs the City Administrative Officer (CAO) to submit a
Transportation Enhancement Activity (TEA) grant application to SLOCOG and to enter into any
subsequent cooperative agreements with that agency for the following project:
Orcutt Road Widening Project ($600,000 total grant request).
SECTION 5. The City Council hereby certifies that it will provide a minimum twelve and one
half percent (12.5 %) local funding match for the requested grant amount of the project described in
Section 4.
O •
Resolution No. 9682 (2005 Series)
Page 2
On motion of Council Member Settle, seconded by Vice Mayor Ewan and on the following roll
call vote
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan
and Mayor Romero
NOES: None
ABSENT: None
The following resolution was adopted this 17`s day of May 2005.
Mayor David F. Romero
ATTEST
Audrey H er
City Cler
APPROVED AS TO FORM:
tLowell
y Attorney
RESOLUTION NO. 9681(2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DESIGNATING THE CITY ADMINISTRATIVE OFFICER OR HIS/IERDESIGNEE
AS HEARING OFFICER FOR HEARINGS ON NOTICES OF PUBLIC NUISANCE
VEHICLE ABATEMENT REQUESTED PURSUANT TO CHAPTER 10.68 OF THE
SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, San Luis Obispo Municipal Code, Chapter 10.68 provides that all hearings
under that chapter shall be held before council, or any person it may designate to hear the matter;
and
WHEREAS, Council desires to have such matters heard by a City hearing officer; rather
than by the full Council; and
WHEREAS, Council has not previously designated a hearing officer to hear public
nuisance vehicle abatement matters.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City Administrative Officer, or his/her designee, is designated as the hearing
officer to hear public nuisance vehicle abatement appeals pursuant to chapter 10.68 of the San
Luis Obispo Municipal Code.
Upon motion of Council Member Settle, seconded by Vice Mayor Ewan,
and on the following vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17`s day of May 2005.
Mayor David F. Romero
ATTEST:
Audrey Ho er
1 ity Cler
G
Resolution No. 9681 (2005 Series)
Page 2
APPROVED AS TO FORM:
Jonat well
City Attorney
1
o •
RESOLUTION NO. 9680 (2005 Series)
AMENDMENT OF THE CITY LEGISLATIVE ACTION
PLATFORM FOR 2005
WHEREAS, a major objective of the City Council is to adopt an aggressive legislative action
platform which strengthens local government, promotes City goals and defends the City against
legislative actions by State and Federal governments that would weaken local government and/or take
away traditional revenue sources; and
WHEREAS, on February 15, 2005, this Council by its Resolution No. 9652 (2005 Series)
adopted its Legislative Action Program for 2005; and
WHEREAS, the Council finds it necessary to amend its Legislative Action Program for 2005 in
order to modify two items relating to the regulation of land application of biosolids (item 47 and previous
item 56, renumbered as item 57) and add another item regarding departing load charges which discourage
utilization of alternative energy resources (new item 53).
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo does hereby:
SECTION 1. Adopt the attached revised Exhibit "A" to the Legislative Action Platform for
2005, which new exhibit supersedes the existing Exhibit "A" to Resolution No. 9652 (2005 Series); and
SECTION 2. Authorize staff to take positions on legislation generally consistent with the
Legislative Action Platform, as set forth in the attached revised Exhibit "A" to the Legislative Action
Platform for 2005, and such other resolutions and recommendations of the League of California Cities as
may be from time to time presented to the City; and
SECTION 3. Declare the remaining provisions of Resolution No. 9652 (2005 Series) not
inconsistent with this Resolution shall remain in full force and effect.
Resolution No. 9680 (2005 Series)
Page 2
Upon motion of Council Member Settle, seconded by Vice Mayor Ewan, and on the following
roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17'' day of May 2005.
92aem"Ir
Mayor David F. Romero
ATTEST:
41&v-luf
Audrey Ho r
City Cler
APPROVED AS TO FORM:
Jonat a . Lowell
City Attorney
• Exhibit A
EXHIBIT A: CITY LEGISLATIVE ACTION PLATFORM FOR 2005
COMMUNITY DEVELOPMENT
1. Promoting reforms of the entire State mandated HCD Regional Housing Need Allocations process
to recognize local urban plans and local resource limitations
2. Promoting funding sources to accomplish retrofitting of unreinforced masonry buildings
3. Promoting funding of on- campus housing at Community Colleges and CSU for student and faculty
housing
4. Encouraging the review and court appeal of the San Marcos decision so that the CSU system can
mitigate within the City for the impacts of projects built on campus
5. Preserving local control of planning and zoning matters (such as the prohibition of drive- through
windows and highway signage)
6. Supporting efforts to increase funding for affordable housing for very low, low and moderate
income families for all cities and communities
7. Promoting funding for the identification, acquisition, maintenance and restoration of historic sites
and structures
8. Supporting continued or expanded funding for CDBG program
ECONOMIC DEVELOPMENT
9. Promoting funding and/or legislation that encourages research and development by businesses in
California through tax credits or other incentive programs
10. Supporting funding and policies for the promotion of California as a place to locate businesses
11. Supporting funding for a state tourism promotion program
12. Promoting funding for the arts, especially public art
13. Supporting the effective and efficient use of all communications technologies including voice,
video, data, and information services over wired and wireless transmission technologies
FINANCE
14. Continuing to support efforts to protect the City from loss of revenues due to State take -aways and
unfunded State or Federal mandates
15. Returning revenues lost due to State take - aways, such as the Education Revenue Augmentation
Fund and Vehicle License Fees
(7)
® Exhibit A
16. Endorsing legislation that provides local government with a fair share tax on catalog and Internet
sales; and opposing legislation that limits state or local authority to tax catalog or Internet sales -
HUMAN RESOURCES/EMPLOYEE RELATIONSMUMAN RELATIONS
17. Supporting additional workers compensation reforms that lower employers' costs while still
protecting workers
18. Supporting pension reform efforts in concert with the League of California Cities positions
19. Opposing the expansion of the "Peace Officers' Bill of Rights" or other attempts to curtail
management rights
20. Supporting legislation that provides funding sources for appropriate human service agencies that
support the mission of the Human Relations Commission.
PUBLIC SAFETY
21. Continuing State and Federal funding support for disaster preparedness, earthquake preparedness,
Homeland Security, hazardous material response, State COPS program and other local law
enforcement activities
22. Preserving the City's authority to investigate police misconduct
23. Preserving the City's authority to establish both medical and non - medical emergency service levels
24. Supporting efforts to expand the scope of parental responsibility for crimes committed by minors
25. Supporting efforts to provide the Governor with authority to override the parole board when anyone
convicted of a violent offense is proposed to be released on parole
26. Preserving the authority of local control on issuance of concealed weapons permits
27. Supporting legislation to help curb alcohol- related criminal behavior and underage drinking
28. Opposing new or increased state fees for state provided law enforcement services
29. Supporting legislation imposing sanctions on college students who participate in riots or other
similar criminal behavior, such as eliminating State supported financial aid
30. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free
from interference, for all local public safety communication needs
0
PUBLIC WORKS
• Exhibit A
31. Supporting legislation to increase the availability of grant funding to replace aging infrastructure of
all types, e.g. streets, bridges, water, sewer and storm sewer systems, etc.
32. Obtaining funding, cooperation and prompt approval from the Environmental Protection Agency
and Army Corps of Engineers for necessary flood control projects.
PARKS AND RECREATION AND NATURAL RESOURCES
33. Supporting State and Federal funding for acquisition, protection, preservation and restoration of
natural resources, open space, coastal resources, signature land forms, wetlands and park
development, including continued funding for the Land and Water Conservation Grant Program
34. Supporting the creation of National Marine Sanctuary off the coast of San Luis Obispo County to
protect this fragile habitat from offshore oil and gas development
35. Opposing any development under existing or new offshore oil and gas leases off the coast of San
Luis Obispo County.
36. Supporting funding for rehabilitation of urban parks and unmet community recreational needs, in
particular "at risk" youth
37. Encouraging the State Department of Parks and Recreation to expedite the distribution of bond
funds and other funds resulting from special legislation (e.g. Irish Hills funds)
38. Seeking legislative exemption from property taxes on lands dedicated to open space purposes
which are outside the boundaries of the jurisdiction owning such lands
TRANSPORTATION
39. Changing gas tax laws to allow local tax for transportation purposes based on a majority vote of the
public
40. Promoting continued and increased funding sources for street maintenance and transportation,
including transit, bicycles, others
41. Working with the Caltrans, SLOCOG and the California Transportation Commission to
expeditiously fund Hwy 227 road overlay and reconstruction project, including completion of
widening of South Street (between Higuera and Beebee Streets), and subsequent relinquishment of
Hwy 227 within the City limits
42. Supporting clean air transit funding for San Luis Obispo County, in particular funding that supports
alternative modes of transportation with clean air benefits
• Exhibit A
43. Supporting actions to: (1) promote cooperation and mutual support between metropolitan planning
organization (MPO) agencies and local transit providers, and (2) discourage trends toward MPO
agencies/regional "control" of local transit providers
l 11YI IIYI ,
44. Supporting clean water funding programs
45. Supporting legislation to facilitate recycling program development and enhance local government's
ability to comply with solid waste requirements
46. Supporting legislation to eliminate mandatory penalties for violations of NPDES Requirements and
returning discretionary control to the Regional Water Quality Control Board Executive Officers
(i.e. repeal SB 709)
47. Supporting legislation promoting the safe, responsible, and cost - effective reuse of Exceptional
Quality or better biosolids
48. Supporting legislation to streamline the state regulatory processes
49. Supporting sustainable energy programs
50. Supporting legislation allowing cities/agencies to establish fees for the costs of operating mandated
water quality programs such as, but not limited to, municipal storm water and total maximum daily
loading
51. Supporting federal legislative action to transfer Salinas Reservoir properties to a local agency
52. Supporting legislation that aids in the implementation of the California Urban Water
Conservation Council's Best Management Practices regarding urban water conservation
53. Supporting legislation eliminating departing load charges which discourage the use of
alternative energy resources
COUNTY/REGIONAL PRIORITIES
54. Developing consistency between the City and County General Plans, particularly to emphasize the
concepts that: (1) the County should be discouraged from approving additional urban development
within the City's urban reserve line, (2) urban development should not occur beyond the City's
urban reserve line, and (3) unincorporated areas should remain rural, agricultural, or open space in
character
55. Continuing to encourage the County Board of Supervisors to place a measure before voters that
would create a vector control program benefit assessment program for San Luis Obispo County
56. Encouraging participation by County in providing nearby parking for County employees and
clients, and alternate transportation and parking demand reduction
• Exhibit A
57. Supporting County development of a local ordinance providing additional local oversight and
regulation of the land application of Exceptional Quality or better biosolids
58. Working with the Airport Land Use Commission to develop a mutually acceptable plan for City's
expansion areas so that the City's housing goals can be achieved
59. Working cooperatively with the County to solve City/County flood problems
�ti� (7- a
I� O
RESOLUTION NO. 9679 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
RESCINDING APPROVALS FOR THE MARKETPLACE DEVELOPMENT PROJECT
WHEREAS, on July 6, 2004 the City Council of San Luis Obispo approved Resolution
9588 certifying the final environmental impact report for the Marketplace development project;
and
WHEREAS, on July 6, 2004 the City Council also adopted Resolution 9591, approving a
use permit for the Marketplace development project; and
WHEREAS, at a special municipal election held on April 26, 2005, the voters of the City
of San Luis Obispo overturned certain City Council approvals relating to the Marketplace
development project; and
WHEREAS, the certified environmental impact report and approved use permit were not
overturned, but are linked to project components denied by the voters at the special municipal
election, and consequently have been rendered moot.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo, that its Resolutions Nos. 9588 and 9591 (2004 Series) relating to the remaining
approvals for the Marketplace development are hereby rescinded.
Upon motion of Council Member Brown, seconded by Vice Mayor Ewan, and on the
following vote:
AYES: Council Members Brown, Vice Mayor Ewan and Mayor Romero
NOES: Council Member Mulholland
ABSENT: Council Member Settle
The foregoing resolution was adopted this 17`h day of May 2005..
Mayor David F. Romero
ATTEST:
Audrey H er
City Clerly
R 9679
o •
Resolution No. 9679 (2005 Series)
Page 2
APPROVED AS TO FORM:
Jona an P well
City Attorney