HomeMy WebLinkAbout9825-9849RESOLUTION NO. 9849 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL AND UPHOLDING THE PLANNING
COMMISSION'S ACTION TO MODIFY AND APPROVE AN
ADMINISTRATIVE USE PERMIT SUBJECT TO CONDITIONS TO
INCREASE THE CREEK AND SIDE YARD SETBACKS AT 148 BROAD
STREET; (A 74 -03)
WHEREAS, the Hearing Officer granted approval of an Administrative Use Permit to allow
an additional residence at 148 Broad Street on June 2, 2006; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public
hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on July
12, 2006, for the purpose of considering an appeal of the Hearing Officer's determination to, by
Administrative Use Permit, allow a new residence on the same property as an existing residence in
the R -1 district at 148 Broad Street, Use Permit Application No. A 74 -03; and
WHEREAS, the Planning Commission denied the appeal and approved the Use Permit;
based on findings and subject to conditions, including conditions to increase the creek and side yard
setbacks; and
WHEREAS, an appeal of the Planning Commission's action, specifically concerning the
conditions to increase the setbacks, was received by the City on July 21, 2006; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
the appellant, interested parties, and the evaluation and recommendations by staff, presented at said
hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
Section 1. Denial of Appeal. The request to modify the conditions imposed by the Planning
Commission is hereby denied and the Administrative Use Permit is, approved, based on the
following findings and subject to the following conditions:
The proposed additional residence will not adversely affect the health, safety and welfare of
persons living or working at the site or in the vicinity because one additional residence on this
property will not generate significant traffic into the neighborhood and is consistent with the
existing development pattern: Additionally, the new residence meets the density and setback
requirements for the R -1 district and, as conditioned, will be a logical design, compatible to the
site and neighborhood.
2. The existing site is 75 feet wide and is therefore wide enough to allow a second driveway in
accordance with the City's Parking and Driveway Standards. A second driveway will allow for
the existing garage structure to remain, as recommended by the Cultural Heritage Committee.
Resolution No. 9849 (2006 Series)
Page 2
3. Pursuant to the California Environmental Quality Act (CEQA), a new single family residence is
categorically exempt from environmental review (Section 15303(a) of the CEQA Guidelines,
Class 3). A Class 3 exemption allows the construction of one single family residence to be
exempt from environmental review when it is constructed in a residential zone. Furthermore,
the proposed residence complies with General Plan policies, and Zoning Regulations property
development standards and no exceptions are requested.
4. In order to implement City General Plan Open Space and Conservation Element policies and to
ensure preservation of a wildlife corridor, it is appropriate to increase the creek setback an
additional 10 feet, resulting in a 30 -foot setback as measured from the upper creek bank.
5. As indicated by comprehensive site analysis performed by the City's Natural Resources
Manager, the building site is not likely to impact nearby wildlife corridors or known habitat
areas since the project is within a flat, landscaped lawn area and an increased creek setback of
30 feet instead of 20 feet will ensure protection of the riparian corridor.
6. As conditioned, the proposed new residence will be aesthetically and functionally compatible
with the existing house on the property and the surrounding neighborhood since the new
residence complements the existing residence through the use of materials and design.. Each
residence will be constructed with adequate private open space and landscape areas.
7. The proposed additional residence on one lot in the R -1 district will not alter the overall
character of the neighborhood and the street's appearance because other adjacent properties
contain development of similar character and density. The proposed project does not introduce
additional density than would otherwise be allowed within the R -1 district.
8. The additional residence complies with all R -1 zone development standards.
9. The Cultural Heritage Committee (CHC) reviewed the proposed new residence and found that,
as conditioned, the project will not impact the existing historic residence at 148 Broad Street.
10. The addition of residences within a developed residential neighborhood satisfy General Plan
Goals that promote the development of infill housing therefore discouraging urban sprawl and
maintaining a compact urban form. One such General Plan Goal states: "San Luis Obispo
Should: Grow gradually outward from its historic center until its ultimate boundaries are
reached, maintaining a compact urban form. "(City Form, Community Goals, General Plan
Land Use Element p. 9) The General Plan Housing Element, Goal 1.27.2, states:. "Within
established neighborhoods, infill housing should be located on appropriate sites, but not on
sites designated for parks, open space, or similar uses of neighborhood importance. "
Conditions
1. The design of the new residence, including the site plan and new driveway, shall be reviewed by
the Architectural Review Commission (ARC). Revised plans including a detailed site plan,
building elevations, landscape plans and a colors and materials board shall be submitted to the
Community Development Department prior to proceeding to the ARC. New plans shall be
appropriately scaled, clearly drawn (computer - generated) and shall label all dimensions including
height and setbacks. A new grading plan prepared by a registered civil engineer shall be prepared
that identifies proposed amounts of cut and fill, existing and proposed grade, and site sections
Resolution No. 9849 (2006 Series)
Page 3
where appropriate. All existing trees, including trunk diameter and species, shall be indicated on
the grading plan.
2. A 10 -foot wide "gap" shall be retained between the south property line and any structure to allow
for a wildlife corridor between Broad Street and the Creek at the rear of the site. No fencing or
other structures shall be installed within the 10 -foot corridor. Driveway, landscape plants, trees
and other flatwork shall be allowed within the 10 -foot space.
3. Prior to the ARC hearing, the building footprint shall be clearly staked to verify the corners of the
structure at the rear of the site. The stakes shall include pvc piping that is placed in a vertical
orientation to display the height of the proposed structure.
4. Prior to the ARC hearing, the applicant shall submit a phase -one archeological report pursuant to
the Archeological Preservation Program Guidelines.
5. The parking and driveway area for the new residence shall be designed with the use of turf block
or other pervious paving systems. Concrete may be allowed for a portion of the driveway, no
asphalt shall be allowed.
6. No paving or decks below 30 inches in height shall be allowed to encroach further than 5 feet into
the required 20 -foot creek setback. No structures or decks greater than 30- inches in height shall be
allowed within the 30 -foot creek setback.
7. No grading, stockpiling, storage of construction materials or associated activities shall be allowed
within the creek area or creek setback area. The creek setback shall be fenced with temporary
construction fencing and silt fencing during all phases of construction.
8. The maximum height of the residence, including all roof features, shall not extend beyond 25 feet
as measured from existing average natural grade.
9. An address sign identifying the residence at the rear of the site shall be placed near the driveway
intersection at Broad Street. The location and design of the sign shall be approved by the
Community Development Department.
10. If a driveway is provided at the south property line, a landscape planter of at least 6 feet in width
(narrowing to 3 feet in width adjacent to the existing residence to avoid driveway impacts to the
existing redwood and cedar trees) shall be provided between the driveway serving the new unit
and the south property line.
11. A conservation and open space easement shall be recorded for the rear portion of the property
from the west edge of the required creek setback to the east boundary of the property line. The
easement shall be recorded prior to issuance of a construction permit for a new residence.
12. A restoration and enhancement plan for the creek setback area west of the creek shall be provided
with the ARC plans. The plan shall be implemented prior to occupancy of the new residence. The
plan shall be prepared in accordance with the City's Natural Resources Manager and shall include
planting a variety of native groundcovers, shrubs and trees and removal of some non -native
groundcover species such as ivy.
Resolution No. 9849 (2006 Series)
Page 4
13. All existing trees on site shall be preserved and protected during and following all phases of
construction. Tree protection fencing shall be installed and inspected by Community
Development staff prior to issuance of a construction permit.
14. Approval of this use permit does not constitute approval of a subdivision map and does not further
the possibility of subdividing this property.
15. The ARC shall consider the size of proposed house in relation to the historic structure on the site.
16. In order to implement City General Plan Open Space and Conservation Element policies and to
ensure preservation of a wildlife corridor the Creek setback shall be increased an additional 10 feet,
resulting in a 30 -foot setback as measured from the upper creek bank.
On motion of Council Member Mulholland, seconded by "Vice Mayor Settle, and on the
following roll call vote:
AYES`.
Council Members Brown, Ewan, and Mulholland, and Vice Mayor Settle
NOES:
Mayor Romero
ABSENT:
None
The foregoing resolution was passed and adopted this 17`h day of October 2006.
Mayor David F. Romero
ATTEST:
4z6v �Llll
Audrey o er
City C
APPROVED AS TO FORM:
Jon . Lowell
City Attorney
7-0 C06L�
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RESOLUTION NO. 9848 (2006 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
OPPOSING PROPOSITION 90 AN INITIATIVE CONSTITUTIONAL AMENDMENT
RELATING TO GOVERNMENT ACQUISITION AND
REGULATION OF PRIVATE PROPERTY
WHEREAS, San Luis Obispo voters will find Proposition 90, an initiative Constitutional
Amendment relating to government acquisition and regulation of private property, on the
November 7, 2006 ballot; and
WHEREAS, Proposition 90 purports to be a vehicle for eminent domain reform, placing
limits on public agencies' ability to seize properties and setting higher reimbursement standards
for property owners; and
WHEREAS, Proposition 90 contains an ominous but easily overlooked takings provision
that effectively usurps local governments' ability to legislate and levies a high financial penalty
by allowing property or business owners to file claims against public agencies for any
diminished or lost value due to laws or regulations enacted by the public agency; and
WHEREAS, the takings provision is tantamount to stripping control of important
policies regarding environmental protections, development, consumer protections, and
neighborhood protections from City residents; and
WHEREAS, Proposition 90 may result in thousands of frivolous lawsuits, additional
bureaucracy, and jeopardize essential City services that may lose already reduced funding due to
potential City pay -outs to property owners and businesses; and
WHEREAS, Proposition 90 will undermine the authority of the local community and
local voters; and
WHEREAS, notwithstanding the prohibition of expenditures of public monies in ballot
measure campaigns, local legislative bodies may go on record at a public meeting expressing an
opinion on a ballot measure.
BE IT RESOLVED by the City Council of the City of San Luis Obispo that it hereby
opposes Proposition 90.
On motion of Council Member Mulholland, seconded by Vice Mayor Settle, and on
the following roll call vote:
AYES Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
✓)
Resolution No. 9848 (2006
Page 2
The foregoing resolution was passed and adopted this 3`d day of October 2006.
Mayor David F. Romero
ATTEST:
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
Jonai Lowell
City Attorney
9
EN
C 0
RESOLUTION NO. 9847 (2006 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE
CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE WATER
SECURITY, CLEAN DRINKING WATER, COASTAL AND BEACH
PROTECTION ACT OF 2002 (Proposition 50)
WHEREAS, the Legislature and Governor of the State of California have provided
Funds for the program shown above; and
WHEREAS, the Resources Agency has been delegated the responsibility for the
administration of this grant program, establishing necessary procedures; and
WHEREAS, said procedures established by the State Resources Agency require a
resolution certifying the approval of application(s) by the Applicant's governing board before
submission of said application(s) to the State; and
WHEREAS, the City, if selected,. will enter into an agreement with the State of
California to carry out the Project.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
1. Approves the filing of an application for the project known as Bob Jones Bridge
Installation Project.
2. Certifies that the City understands the assurances and certification in the
application.
3. Certifies that the City or title holder will have sufficient funds to operate and
maintain the Project(s) consistent with the land tenure requirements, or will secure the resources to
do so.
4. Certifies that it will comply with the provisions of Section 1771.8 of the State Labor
Code regarding payment of prevailing wages on Projects awarded Proposition 50 Funds.
5. If applicable, certifies that the Project will comply with any laws and regulations
including, but not limited to, legal requirements for building codes, health and safety codes,
disabled access laws, and, that prior to commencement of construction, all applicable permits will
have been obtained.
6. Appoints the City Administrative Officer, or designee, as agent to conduct all
negotiations, execute and submit all documents including, but not limited to applications,
agreements, payment requests and so on, which may be necessary for the completion of the
aforementioned Project.
R 9847
Resolution No. 9847
Page 2 C '
On motion of Council Member Mulholland, seconded by Vice Mayor Settle and on the
following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 3'd day of October 2006.
Mayor David F. Romero
ATTEST:
Audrey Ho r
City Cler
APPROVED AS TO FORM:
Jo an P. Lowell
City Attorney
o 0
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MEMORANDUM
March 27, 2012
To: Elaina Cano, City Clerk
city r
$an 1".a OBISPO
From: Jay Walter, Public Works Director
Via: Hal Hannula, Supervising Civil Engineer 7Tfi'—
Subject: Recordation of Resolution of Abandonment
All final work has been completed in conjunction with the conditional abandonment Resolution
No. 9676 (2005 Series) as amended and extended by Resolution No. 9846 (2006 Series). The
Public Works Director does hereby notify and authorize this recordation. See the attached
copies of the respective resolutions for reference.
RESOLUTION NO. 9846 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE YEAR TIME EXTENSION TO COMPLETE THE CONDITIONS
OF RESOLUTION 9676 (2005 SERIES) RELATING TO THE ABANDONMENT OF
SAN JUAN DRIVE AND MODIFYING THE CONDITIONS OF ABANDONMENT
WHEREAS, following a public hearing duly held on May 3, 2005, this Council
approved the abandonment of San Juan Drive pursuant to Section 8300 et seq. of the Califomia
Streets and Highways Code and adopted Resolution 9676 (2005 Series), marked "Exhibit A ",
attached hereto and incorporated herein; and
WHEREAS, by that Resolution this Council determined that the San Juan Drive right of
way is not necessary for present or future public street purposes; and
WHEREAS, Item 4 of Section 2 of Resolution No. 9676 (2005 Series), provides that
items 1 through 4 must be met within one year or that abandonment will be null and void; and
WHEREAS, the applicant that sought the abandonment has requested an extension of
time in which to fulfill the conditions of abandonment.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. This Council hereby approves a one year time extension of the date set
forth in item 5 of section 2 of Resolution No. 9676 (2005 Series), and modifies item 5 to read:
All abandonment conditions shall be met by October 3, 2007, or upon expiration of the
current specific project or tentative subdivision approval which incorporates the
respective abandonment.
SECTION 2. Items 2 and 3 of Section 2 of Resolution No. 9676 (2005 Series), are
hereby eliminated.
SECTION 3. All other provisions of Resolution No. 9676 (2005 Series), shall remain in
full force and effect.
On motion of Council Member Mulholland, seconded by Vice Mayor Settle, and on the
following roll call vote,
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 3rd day of October 2006.
Resolution No. 9846 (2006" -ies)
Page 2
ATTEST:.
t?Aiidiey;Hoo r
APPROVED AS TO FORM:
Jona P. Lowell
City Attorney
Mayor David F. Romero
C � "A"
Recording requested by
and when recorded mail to:
City Clerk
990 Palm Street
San Luis Obispo, CA 93401
RESOLUTION NO. 9676 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETEMNING THAT SAN JUAN AVENUE IS UNNECESSARY FOR
PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS
ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC EASEMENTS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with a public meeting duly held on March 15, 2005,
pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of
General Plan consistency, that this Council finds and determines that San Juan Drive, described
as
"All of San Juan Drive, being a 30 foot wide drive as shown on Page 3 at Page 66
of Maps filed in the office of the San Luis Obispo County Recorder on September
23, 1925, located in the City of San Luis Obispo, County of San Luis Obispo,
State of California"
is not necessary for present or future public street purposes.
SECTION 2. This Council hereby orders the abandonment of said right -of -way subject
to the following conditions:
1. Reservation of an easement over the abandoned right of way for public utilities and
public sewer, and
"Reserving to Pacific Gas and Electric Company, the right from time to time to install,
maintain, repair, operate, replace, remove and renew undergiound.wires and other
structures, equipment and fixtures for the operation of said facilities within said
easement "
2. Recordation of the final Lot Line Adjustment document for the property located at 2318
Loomis Street.
R 9676
N
Resolution No. 9676(2005 Series)
Page 2
3. Preparation of aRecord of Survey in accordance with California Business and Professions
Code Section 8700 et seq. and to be recorded concurrently with this abandonment showing
the Lot Line Adjustment in condition 2 and this Abandonment. .
4. Construction of a ten foot wide "all weather" access road to all sewer manholes or clean -
outs in the area of abandonment
Items 1 through 4 must be met within one (1) year of this date. Otherwise, this resolution
will expire and be null and void.
SECTION 3. Upon notification from the Director of Public Works to the City Clerk that
the conditions prescribed in SECTION 2 have been met, the City Clerk shall cause a certified
copy of this Resolution of Abandonment, duly attested under the seal of the City, to be recorded
in the Office of the San Luis Obispo County Recorder.
On motion of Council Member Mulholland, seconded by Council.Member Settle, and on
the following roll call vote,
AYES: Council Members Brown, Mulholland and Settle and Vice Mayor Ewan
NOES: Mayor Romero
ABSENT: None
The foregoing Resolution was passed and adopted this 3rd day of May 2005.
Mayor David F. Romero
ATTEST:
C
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
JdpathO P. Lowell
Ci ttorney
1
R -1-S
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C /OS-5
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C-T-S JIR -1-8
i
Exhibit "
/ San Juan Drivel
PF
C/OS -40
Exhibit "A' File No. 155 -04
N
San Juan Drive Abandonment
A
END OF DOCUMENT
Ell)llorl6--
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RESOLUTION NO. 9845 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AMENDING
THE CITY'S CONFLICT OF INTEREST CODE
WHEREAS, the City Council adopted Resolution No. 5044 (1983 Series)
amending the City's Conflict of Interest Code by incorporating by reference the Fair
Political Practices Commission's standard model Conflict of Interest Code (Title 2,
Division 6 of the California Code of Regulations) and updating the list of designated
positions required to file a Statement of Economic Interests; and
WHEREAS, the Political Reform Act requires that the City Council review its
Conflict of Interest Code biennially to determine whether amendments are required; and
WHEREAS, Resolution No. 9837 (2006 Series) adopted on September 5, 2006,
amended the City's Conflict of Interest Code by updating the Appendix (List of
Designated Positions and Disclosure Categories); and
WHEREAS, further review of the Appendix indicates that a revision is necessary
relating to the Downtown Association pending clarification of applicable provisions of
the Streets & Highways Code vis -a -vis the Political Reform Act.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Resolution No. 9837 (2006 Series) is hereby rescinded.
SECTION 2. The Fair Political Practices Commission's standard model Conflict
of Interest Code (Title 2, Division 6 of the California Code of Regulations), as
reorganized, along with the List of Designated Positions and Disclosure Categories in the
Appendix hereto constitute the City of San Luis Obispo's Conflict of Interest Code.
Upon motion by Vice Mayor Settle, seconded by Council Member Ewan, and on
the following vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor
Settle and Mayor Romero
NOES: None
ABSENT: None
Resolution No. 9845 (20v6 Series)
Page 2
The foregoing resolution was adopted this 19`s day of September 2006.
:F:24�'J
Mayor David F. Romero
ATTEST:
Audrey Hoo
City Clerk
APPROVED AS TO FORM:
Jo tha . Lowell
City Attorney
APPENDIX
AMENDED LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES[
POSITION DISCLOSURE CATEGORY
Administrative Office:
Assistant City Administrative Officer 1
Economic Development Manager 3
Natural Resources Manager 3
Principal Administrative Analyst 1
City Attomey:
Assistant City Attorney 1
City Clerk:
City Clerk 1
Community Development:
Assistant Planner(s) 3
Associate Planner(s) 3
Building Inspector(s) 3
Building Permit Coordinator 3
Chief Building Official 3
Code Enforcement Coordinator 3
Community Development Director 3
Contract Planner(s) 1
Deputy Community Development Director, Development Review 3
Deputy Community Development Director, Long Range Planning 3
Housing Programs Manager 3
Plan Examiner 2
Planning Technician 3
Senior Planner(s) 3
Finance & Information Technology Department:
Accounting Supervisor 2
Revenue Supervisor 2
Finance Manager 2
Information 'Technology Manager 2
Telecommunications Supervisor 2
'The Mayor and Council Members, Planning Commissioners, City Administrative Officer, City Attorney
and Finance &Information Technology Director /City Treasurer are required to file Statements of Economic
Interests pursuant to Government Code Section 87200, and are therefore, not included in the List of
Designated Positions required to file pursuant to the City's Conflict of Interest Code.
Fire Department:
Fire Marshal
Battalion Chief(s)
Fire Chief
Fire Inspector
Hazardous Materials Coordinator
Human Resources Department:
Human Resources Analyst
Human Resources Director
Risk Manager
Police Department:
Administrative Analyst
Administrative Assistant
Chief of Police
Communications and Records Manager
Neighborhood Services Manager
Police Captain(s)
Police Lieutenant(s)
Public Works Department:
Administrative Services Manager
Engineering Technician(s) 1— 3
Facilities Maintenance Supervisor
City Traffic Engineer
Construction Engineer Manager
Deputy Public Works Director
Director of Public Works
Engineer 1 - 3
Field Engineering Assistant
Fleet Maintenance Supervisor
GIS Supervisor
Parking Manager
Parks and Urban Forest Supervisor
Permit Technician
Principal Transportation Planner
Program and Project Coordinator
Public Works Inspector(s)
Senior Civil Engineer
Street Maintenance Supervisor
Supervising Administrative Assistant(s)
Supervising Civil Engineer
Transit Manager
L�
3
3
1
3
3
2
1
2
2
2
1
2
2
2
2'
2
3
2
2
2
2
1
2
3
2
2
2
2
3
2
3
3
3
2
2
2
2
Parks & Recreation Department:
Director of Parks and Recreation
Golf Course Supervisor
Ranger Service Administrator
Recreation Manager
Recreation Supervisor —Sports
Recreation Supervisor - Aquatics
Recreation Supervisor - Children's Services
Recreation Supervisor - Facilities
Utilities Department:
Administrative Analyst
Industrial Waste Coordinator
Industrial Waste Inspector
Utilities Director
Utilities Engineer
Wastewater Collection Supervisor
Wastewater Division Manager
Wastewater Treatment Plant Supervisor
Water Conservation Coordinator
Water Distribution Supervisor
Water Division Manager
Water Projects Manager
Water Supply Supervisor (Whale Rock)
Water Treatment Supervisor
Committees/Commissions:
Members of the Architectural Review Commission
Members of the Cultural Heritage Committee
Members of the Housing Authority
Members of the Promotional Coordinating Committee
Other Positions:
ConsultantS2
Downtown Association Administrator
Housing Authority Executive Director
Temporary Positions
j 1
1
2
2
2
2
2
1)
2
2
1
1
1
2
2
2
2
2
2
2
2
2
3
3
3
2
1
1
1
1
ZConsultants should be included in the list of designated employees and shall disclose pursuant to the broadest
disclosure category in the code subject to the following limitation:
The City Administrative Officer may determine (upon written application by the consultant) that a particular
consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and
thus is not required to fully comply with the disclosure requirements described in this section. Such written
determination shall include a description of the consultant's duties and, based upon that description, a statement
of the extent of disclosure requirements. The City Administrative Officer's determination is a public record and
shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
If a consultant believes he or she is exempt from disclosure requirements of law, prior to the application to the
City Administrative Officer, the consultant shall obtain opinion to that effect from an admitted attorney to
practice in the State of California, which opinion shall contain the information specified in the paragraph
above.
3Temporary positions may be required to file a Statement of Economic Interests upon determination by the City
Attorney that the temporary position is the functional equivalent of a designated position.
DISCLOSURE CATEGORIES
Categ_orv_ Reportable Interests
Investments, business positions, income from sources located in or doing business
in the jurisdiction, interests in real property located in the jurisdiction, including
property located within a two -mile radius of any property owned or used by the City.
Investments, business positions, and sources of income of the type which provide
services, supplies, materials, machinery or equipment of the type utilized by the
City.
Investments, business positions, and sources of income of the type that engage in
land development, construction or the acquisition or sale of property. Interests in
real property located within the jurisdiction, including property located within a
two -mile radius of any property owned or used by the City.
1-/RiZD L'Or'�{- D C'�7. , DH
RESOLUTION NO. 9844 (2006 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A
TENTATIVE TRACT MAP AND MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR RESIDENTIAL AND COMMERCIAL
CONDONIINIUM UNITS IN A MIXED -USE DEVELOPMENT AT THE SOUTHWEST
CORNER OF MARSH AND NIPOMO STREETS; TR/ER 36-06 (TRACT 2842)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on August 23, 2006, pursuant to an application filed by Bermant Homes, and
recommended approval of the Mitigated Negative Declaration of environmental impact and
subdivision map to the City Council; and
WHEREAS, the City Council of the City of San Luis Obispo has considered testimony
of the applicant, interested parties, and evaluation and recommendations by staff; and
WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of
environmental impact as prepared by staff.
BE IT RESOLVED, by the City Council of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Mitigated
Negative Declaration adequately addresses the potential significant environmental impacts of the
proposed project, and reflects the independent judgment of the City Council. The Council hereby
adopts said Mitigated Negative Declaration and incorporates the following mitigation measures
into the project:
Noise
1. The walls, doors and windows of units that face Marsh Street shall be constructed to include
sufficient noise attenuation to reduce interior levels to a CNEL of 45 dBA. This would
require at a minimum the use of double -paned windows on all floors for those windows that
face Marsh Street.
2. Windows shall have a minimum Standard Transmission Class (STC) of 35 and be properly
installed, weather - stripped, and insulated.
3. Doors with a minimum STC of 35 shall be used for doorways facing Marsh Street and shall
be insulated in conformance with California Title 24 requirements.
4. The exterior wall facing material shall be stucco and/or shall be designed for a minimum
STC of 45.
5. Roof or attic vents facing Marsh Street shall be baffled.
Resolution No. 9844 (2006 Series) -
Page 2
6. Air conditioning or a mechanical ventilation system shall be offered to potential home buyers
so that windows and doors may remain closed to reduce interior noise to the extent possible.
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for architectural review and building permit primarily by the Community Development
Department staff.
SECTION 2. Findings. That this Council, after consideration of the tentative tract map,
density bonus, and concession, and considering the Planning Commission's recommendations,
staff recommendations, public testimony, and reports thereof, makes the following findings:
1. The proposed tentative tract map is consistent with the General Plan, including Land Use
Element Policies 4.16.2, 4.16.4, and 4.16.6, and Housing Element Policies 3:2.1 and 5.2.3,
because the subdivision will provide for commercial development at the street level with
multiple upper level residential units.
3. The site is physically suited for the proposed type of development because it is an under-
developed site that is adjacent to an existing street right -of -way.
4. As conditioned, the site is physically suitable for the proposed density of development
because the site is within an existing City block, services are available to serve the
development, and utilities have been designed to serve the site per City standards.
5. The design of the subdivision, or the type of improvements, is not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their habitat
because the site does not have any creeks or other potentially significant habitat areas for fish
or wildlife.
6. The design of the subdivision, or type of improvements, is not likely to cause serious public
health problems because the type of improvements are appropriate for the urban location and
will be designed to meet existing building and safety codes..
7. The design of the subdivision, or the type of improvements, will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision because no such easements exist.
9. The 27.5% density bonus is not a grant of special privilege or an entitlement inconsistent with
the limitation upon other properties in the vicinity with the same zoning because 8% of the
residential units (two dwellings) will be reserved for very -low income levels.
10. The granting of relief from providing storage space required by the Subdivision Regulations
for nine of the residential units is consistent with the standards of SB 435, and will facilitate
the development of designated affordable dwellings and dwellings that are affordable -by-
design.
Resolution No. 9844 (2006 Series) J
Page 3
SECTION 3. Action. The City Council does hereby adopt said mitigated Negative
Declaration and approve the request for a tentative tract map including a 27.5% density bonus
and concession with incorporation of the following conditions and code requirements:
Conditions:
1. Eight percent of the residential units within the project (two units) shall continue to be
available to qualifying very-low income households, consistent with the policies and
standards established in California State Law SB 435. An affordable housing agreement shall
be recorded (prior to occupancy) in conformance with the City's Inclusionary Housing
Ordinance.
2. The final map shall indicate common and private open space areas, and the CC &R's shall
describe maintenance of all common areas.
3. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map, consistent
with SLO Municipal Code Section 16.40.080.
4. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and/or its agents, officers and employees from any claim, action
or proceeding against the City and/or its agents, officers or employees to attack, set aside,
void or annul, the approval by the City of this subdivision, and all actions relating thereto,
including but not limited to environmental review.
5. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's) to be approved by
the Community Development Director and City Attorney prior to final map approval.
CC &R's shall contain the following provisions:
a. All owners and occupants shall receive disclosure regarding the adjacent food services
and restaurants and potential exposure to food production smoke and odors.
b. Creation of a homeowners' association to enforce the CC &R's and provide for
professional, perpetual maintenance of all common areas including private driveways,
drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting, and
landscaping.
c. Grant to the City the right to maintain common areas if the homeowners' association fails
to perform, and to assess the homeowners' association for expenses incurred, and the right .
of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and
final map are being met.
d. No parking except in approved, designated spaces.
e. Grant to the City the right to tow away vehicles on a complaint basis which are parked in
unauthorized places.
f. No storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable
Resolution No. 9844 (200feries)
Page 4
vehicles.
g. No outdoor storage by individual units except in designated storage areas.
h. No change in City- required provisions of the CC &R's without prior City Council
approval.
i. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of the
association.
j. CC &R's shall not prohibit location of solar clothes drying facilities on private patios
which are substantially screened from view.
Code requirements:
The following code requirements are included for information purposes only. They serve to give
the applicant a general idea of other City requirements that will apply to the project. This is not
intended to be an exhaustive list as other requirements may be identified during the plan check
process.
1. The map shall be recorded prior to building permit issuance in accordance with the City's
subdivision regulations and the Subdivision Map Act.
2. Public improvements required as a condition, code requirement, or mitigation measure may
be shown on a separate plan and approved prior to building permit issuance. Said
improvements may be completed or a bond posted for their completion to allow for
recordation of the map prior to the completing of all required and/or proposed improvements.
3. The required improvements may be processed as required for tract maps or may be processed
under an encroachment permit at the discretion of the City Engineer. If an encroachment
permit is used to complete all improvements, then a separate plan review fee shall be
established based on the requirements for subdivisions. Depending on the proposed timing
for map recordation and building permit issuance, a completion guarantee may be required
per City standards.
4. The provisions of Section 16.20.220 of the Subdivision Regulations are applicable to any
public improvements and generally those improvements that may have a direct impact on
public improvements as determined by the City Engineer.
5. Traffic impact fees shall be paid for this development prior to building permit issuance.
Credit for removal of the existing buildings will be applied based on the use of the existing
development. Credit will only be applied to permanent, lawfully existing structures.
6. An encroachment permit will be required from the Public Works Department for any work or
construction staging in the public right -of -way.
7. Any easements including but not limited to provisions for all public and private utilities,
Resolution No.. 9844 (200;�eries)
Page 5
access, drainage, common driveways, and maintenance of the same shall be shown on the
final map or recorded separately prior to map recordation if applicable.
8. All wire utilities to the new units shall be underground.
9. Underground electrical service may be provided from the existing overhead system provided
at the rear of the property. The owner /applicant shall secure any necessary easements
required to extend services to this development.
10. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be
repaired or replaced to the satisfaction of the Public Works Director prior to recordation of
the map.
11. The existing street pavement shall be maintained in good repair during construction. The
final pavement condition shall be evaluated at the completion of the project for excessive
wear or damage resulting from construction operations. Pavement repairs and a slurry seal
may be required per city standards if determined as being necessary by the City Engineer.
12. The existing curb grades shall be verified as being consistent with the approved street grades.
If it is determined that the curb and gutter has settled to unacceptable limits, then they shall
be restored to curb and gutter elevations approved by the City Engineer. Any new curb grade
plans shall be prepared by a licensed engineer and shall be the responsibility of the
owner /developer.
13. The subdivider shall dedicate a 6' (2m) wide public utility easement and a 10' (3m) wide
street tree easement across the frontage of each lot. Said easements shall be adjacent to and
contiguous with all public right -of -way lines bordering each lot.
14. A private sewer mainline may be proposed in -lieu of separate sewer laterals for each unit. If
proposed or required by the Utilities Director, the on -site sewer main shall be privately
owned and maintained by the Homeowner's Association.
15. A maintenance agreement for the sewer, paving, landscape improvements, and any other
common improvements shall be recorded prior to or concurrent with the map recordation.
16. The parking lot design shall comply with the parking and driveway standards and
Engineering Standard Section 2010.E.7. All parking spaces must be designed so that
vehicles can enter in one maneuver. Furthermore, all spaces shall be designed so that
vehicles can exit to the adjoining street in a forward direction in not more than two
maneuvers.
17. The demolition of the existing building shall comply with all local, state, and federal
requirements for the demolition of structures.
18. A preliminary report is required in accordance with the Subdivision Map Act and the
City of San Luis Obispo Subdivision Regulations. The report is required at the time of
tentative map submittal or if approved may be deferred to map recordation. The report shall
be referenced on the final map in accordance with the city's Subdivision Regulations and the
Resolution No. 9844 (2006- eries)
Page 6
Subdivision Map Act.
19. This project shall comply with the requirements for engineered grading in accordance with
the grading ordinance. The grading, drainage, and erosion control plans shall be prepared by
a licensed civil engineer.
20. The building plan submittal shall include a complete grading, drainage and topo plan. The
grading plan shall show existing structures and grades located within 15 feet of the property
lines in accordance with the grading ordinance. The plan shall consider historic offsite
drainage tributary to this property that may need to be conveyed along with the improved on-
site drainage. This development will alter and/or increase the storm water runoff from this
site. The improved or altered drainage shall be directed to the street and not across adjoining
property lines unless the drainage is conveyed within recorded easements or existing
waterways.
21. The grading and drainage plan shall show the existing and proposed contours and/or spot
elevations to clearly depict the proposed grading and drainage. Show and label the high point
elevation or grade break at the yard areas, drainage arrows, and spot elevations to show
positive drainage away from the building pads and foundations to an approved point of
disposal. The plan shall include the finish floor of the units, finish grade elevations; finish
surface elevations, and parking lot drainage.
22. The building plan submittal shall include an erosion control plan and erosion control notes in
accordance with the Waterway Management Plan Drainage Design Manual and to the
satisfaction of the Building Official and Public Works Director. Erosion control measures
shall be implemented and maintained for construction occurring between October 15 and
April 15.
23. One 15- gallon street tree is required for each 35 lineal feet of frontage. A portion or all the
required street trees shall be planted in the parkway per City Engineering Standards #8010
and #8230 prior to recordation of the map. The remaining street trees shall be planted within
the street tree easement area. The final mix of species and tree locations shall be approved to
the satisfaction of the City Engineer and City Arborist.
24. The proposed street trees and any parkway landscaping shall be installed and maintained by
the HOA. The final planting plan for the parkway and onsite landscape areas shall consider
the required line -of -sight distances for vehicles exiting onto Nipomo.
Mapping and Miscellaneous Requirements
25. The improvement plans, final map preparation and monumentation shall be in accordance
with the City's Subdivision Regulations, Engineering Standards, and the Subdivision Map
Act. The parcel map /final map may use Customary U.S. Units or the International System of
Units (metric system). All record data shall be entered on the map in the record units, metric
translations should be in parenthesis if applicable.
26. The public improvement plans and specifications shall use the International System of Units
(metric system). Customary U.S. Units (English units) may be used as the primary unit as
Resolution No. 9844 (200;?eries)
Page 7
long as dual units are provided in accordance with the current Engineering Standards.
On motion by Council Member Ewan, seconded by Vice Mayor Settle, and on the
following roll call vote:
AYES: Council Members Brown, and Ewan, Vice Mayor Settle and Mayor
Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was passed and adopted this 19`s day of September, 2006.
Mayor David F. Romero
ATTEST:
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
Jo P. Lowell
City Attorney
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RESOLUTION NO. 9843 (2006 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING
AMENDMENTS TO THE LAND USE ELEMENT MAP DESIGNATION
FROM MEDIUM DENSITY RESIDENTIAL TO MEDIUM -HIGH DENSITY
RESIDENTIAL AND A MINOR SUBDIVISION FOR PROPERTY AT
1106 OCEANAIRE DRIVE
GP/R/MS/ER 45 -06
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on May 10, 2006, pursuant to a proceeding instituted under application GP/R/MS/ER
45 -06, Windermere Homeowner's Association, applicant; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
September 19, 2006, for the purpose of considering Application GP/R/MS/ER 45 -06; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Negative Declaration of
environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findinas.
1. The Council finds and determines that the project's Negative Declaration adequately
addresses the potential environmental impacts of the proposed project, and reflects the
independent judgment of the Commission.
2. The proposed General Plan map amendment is consistent with the General Plan Land Use
Element policies regarding multi - family residential zoning since the existing project is
consistent with the Medium -High Density Residential land use description and the project
is within a location that creates a logical extension of the R -3 district.
3. The proposed project is consistent with the City's General Plan Housing Element since it
logically allows for higher density residential zoning and an additional dwelling unit
R 9843
Resolution No. 9843 (2000 Series)
Page 2
U
without impacting adjacent properties or the existing layout of the condominiums.
4. The proposed recreation amenities are suitable to replace the indoor recreation amenities
and comply with the intent of the City's Subdivision Regulations.
5. The proposed minor subdivision to allow the individual sale of one new residential unit in
place of the recreation unit is consistent with the City's Subdivision Regulations.
6. The pedestrian easement will facilitate necessary recreational amenities to the
condominium project as required by the Municipal Code for large scale condominium
projects in the R -3 zone, since the proposed path and bridge will allow direct access to a
public park.
7. The pedestrian easement is consistent with General Plan Land Use Element Policies, LU
2.1.4, 2.2.6 and 2.2.12 which encourage the incorporation of neighborhood linkages and
pedestrian connections.
SECTION 2. Action.
The Council hereby approves a General Plan LUE map amendment from Medium Density
Residential to Medium -High Density Residential as shown on attached Exhibit A, approval of a
minor subdivision to allow one new airspace condominium unit and adoption of Negative
Declaration (ER 45 -06), with incorporation of the following project conditions:
Conditions:
1. The drainage easement at the northeasterly property line shall be preserved and modified
to accommodate the existing drainage culvert below the parking and driveway area.
2. An easement shall be provided adjacent to the northeast property line to allow for public
pedestrian and bicycle access to Prefumo Creek and Vista Lago Park. This easement will
not be accepted or recorded until such a time that the City is ready to construct
improvements to allow a path and bridge over the creek to access the existing park on
Vista Lago. The final width and location of the easement shall be approved by the Public
Works Director and the Community Development Director while considering the opinion
of the Windermere HOA and shall result in the loss of no more than 4 parking spaces. In
the event that an alternate bicycle route is developed on Los Osos Valley Road (that
provides access to Prefumo Creek, Vista Lago Park and Laguna Middle School) prior to
acceptance and recordation of the easement, this condition shall be considered null and
void and have no further force and effect.
3. A separate exhibit showing all existing public and private utilities shall be approved to
the satisfaction of the Community Development Director and Public Works Director prior
to recordation of the map. The utility plan shall include water, sewer, storm drains, site
drainage, gas, electricity, telephone, cable TV, and any utility company meters for each
parcel if applicable. Any utility relocations shall be completed with proper permits prior
to recordation of the map. Otherwise, easements shall be prepared and recorded to the
satisfaction of the Community Development Director, Public Works Director and serving
utility companies.
Resolution No. 9843 (2000, ries)
Page 3
4. An architectural review application (ARCMs shall be reviewed and approved by the
Community Development Director prior to issuance of construction permits for the
conversion of the recreation building and construction of the garage. The application shall
include proposed improvements to the common area to include replacement recreation
amenities. Construction plan approval for modifying the recreation unit shall be
contingent upon approval of required outdoor recreation amenities by the HOA.
5. The common area recreation amenities shall be completed prior to occupancy of the new
residential unit and prior to recordation of a final map to allow individual sale of the unit.
On motion of Vice Mayor Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle,
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 19th day of September 2006.
Mayor David F. Romero
ATTEST:
Audrey Hoo
City Clerk
APPROVED AS TO FORM:
Jona . Lowell
City Attorney
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RESOLUTION NO. 9842 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CERTIFYING THAT IT WILL PROVIDE A MINIMUM OF TEN PERCENT OF THE
TOTAL PROJECT COST FOR THE NORTHERN SEGMENT OF THE RAILROAD
SAFETY TRAIL AS REQUIRED BY THE CALIFORNIA BICYCLE
TRANSPORTATION ACCOUNT (BTA) PROGRAM GRANT
WHEREAS, the City Council has adopted a Bicycle Transportation Plan that complies
with the content requirements of Section 891.2 of the California Streets and Highways Code; and
WHEREAS, San Luis Obispo's Bicycle Transportation Plan specifically recommends
the creation of the Railroad Safety Trail and identifies the segment between Foothill Boulevard
and Hathway Avenue as a segment of this trail system; and
WHEREAS, the City has been awarded a grant in the amount of $541,800 which will
contribute the needed funds to construct this section of the Railroad Safety Trail; and
WHEREAS, as a condition of the BTA grant, the City must provide matching funds in
the amount of $60,200; and
WHEREAS, the Community Development Director has reviewed the Railroad Safety
Trail project and its Initial Environmental Study and has granted the project a Mitigated Negative
Declaration consistent with the provisions of the California Environmental Quality Act (CEQA)
and its guidelines; and
WHEREAS, the City Council finds that implementation of this project described below
will improve bicycle transportation in San Luis Obispo, consistent with the community's General
Plan Circulation Element and Bicycle Transportation Plan.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that
it hereby certifies that it will provide a minimum ten percent (10 %) local funding match for the
project to construct the northern segment of the Railroad Safety Trail paralleling the east side of
the Union Pacific Railroad right -of -way between Foothill Boulevard and Hathway Avenue.
Upon motion of Vice Mayor Settle, seconded by Council Member Ewan,
and on the following vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and
Mayor Romero
NOES: None
ABSENT: None
R 9842
® O
Resolution No. 9842 (2006 Series)
Page 2
The foregoing resolution was adopted this 19`s day of September 2006.
Mayor David F. Romero
ATTEST:
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
City Attorney
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RESOLUTION NO. 9841(2006 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE EXECUTION OF A PUBLIC TRANSIT SERVICE AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND CAL POLY
WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates SLO
Transit; and
WHEREAS, the public transit service receives a subsidy from the California Polytechnic
State University, San Luis Obispo (referred hereinafter as Cal Poly) in accordance to the service
agreement executed on July 1, 2001; and
WHEREAS, the City allows Cal Poly students, staff, and faculty with valid Cal Poly
identification to board any bus operated by SLO Transit without paying a fare; and
WHEREAS, the 2001 service agreement expired on July 30, 2006; and
WHEREAS, the City Council extended the 2001 service agreement for sixty days to
allow the City and Cal Poly to negotiate a new service agreement; and
WHEREAS, the City and Cal Poly desire to continue the program and have jointly
developed a mutually acceptable understanding regarding public transit service.
NOW THEREFORE, BE IT RESOLVED that the City Administrative Officer be
authorized to execute the attached Public Transit Service Agreement between the City and Cal
Poly for the Cal Poly Program.
Upon motion of Vice Mayor Settle, seconded by Council Member Ewan
and on the following vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and
Mayor Romero
NOES: None
ABSENT`. None
The foregoing resolution was adopted this 19`s day of September 2006.
f:� %IIl
O
Resolution No. 9841 (2006 Series)
Page 2
U1111MI6
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
Jonat . Lowell
City Attorney
10
Mayor David F. Romero
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CAL POLY
MULITYEAR AGREEMENT
CONTRACT NuNIBEIR
2006200403 No.
TAXPAYER FEDERAL EMPLOYER IDENTIFICATION NUMBER
THIS AGREEMENT is made and entered into this Ist day of July, 2006, in the State of California, by and between the
Trustees of the California State University, which is the State of California acting in a higher education capacity, through its
duly appointed and acting office, hereinafter called the University, and
City of San Luis Obispo, hereinafter called the contractor.
WITNESSETH: That the contractor for and in consideration of the covenants, conditions, agreements and stipulations of the University hereinafter
expressed, does hereby agree to furnish to the University services and materials as follows:
Contractor shall provide Bus Services to Cal Poly State University via SLO Transit, in accordance with the following
Exhibits, in order of precedence, incorporated herein by this reference:
Exhibit A - General Provisions, consisting of five (5) pages;
Exhibit B - Insurance Requirements, consisting of two (2) pages;
Exhibit C - Scope of Services, consisting of five (5) pages.
Term of the Agreement: 7/1/06 - 6/30/11
Total value of this agreement shall not exceed ONE MILLION SIX HUNDRED SIXTY NINE THOUSAND ONE
HUNDERD TWENTY EIGHT DOLLARS AND ZERO CENTS ($1,669,128.00). See Exhibit C for annual details.
Payments shall be in arrears, paid (00) on a quarterly basis; upon the receipt of Ridership reports and invoice. All invoices
must be approved by a designated department representative before they are sent to Accounts Payable for payment
IN WITNESS WHEREOF, this agreement has been executed by the parties hereto, upon the date first above written
TRUSTEES OF THE CALIFORNIA STATE UNIVERSITY kDDRESS CONTRACTOR
UNIVERSITY R
Cal P Iy S e University, San is Obispo, CA 93407 Luis Obispo
BY ( D S NATURE) - — I NATUR>J
i
NAME OF PERSON IG_ NING NAME AND E OF PERSON SIGNING
Matthew Roberts n, CAO
TiWE- Director, Contract & Procurement_Services eet, San Luis Obispo CA 93-403
Al OIIDrr INCUMBERED BY TM 5 DOCUMENT
R OGRAM/CATEGORY(CODE AND TITLE) -
FUND
1 669128.00
Transit Services
--
__
PE6R- A-dOUN EENNMHFBm FOR- THis
- ..
OFnONAL USE)
CONTACT
AM
TOTAL AMOUNT ENCUMBERED TO DATE
ITEM
CH_A_PFE_R
STATUTE
F
06/07 -10/11
HJEC[ OF EXPENDITURE (CODE AND TTILE)
BLT
I Hereby certifij uporl im��own personal knowledge thatbudgeted f bids'are available for
.B . NO.
B.R. NO.
the period of the expenditure stated above.
SIGNATURE A N E
X
DATE
Exhibit A
Revised 1119/06
CSU General Provisions For Service Acquisitions
1. Commencement of Work: Work shall not commence under the Contract until a fully executed Contract has been received by the
Contractor and the Contractor has been given approval to proceed. Any work performed by the Contractor prior to the date of
approval shall be considered as having been performed at the Contractor's own risk and as a volunteer.
2. Invoices
(a)_ Invoices shall be submitted, in arrears, to the address stipulated in the Contract: The Contract n_ umber must be included on the
invoice. Final invoice shall be marked as such.
(b) In the event that additional services are performed as authorized, the Contractor shall submit invoices for additional services in
accordance with provisions herein.
(c) For work of a continuing nature; the Contractor shall submit invoices in arrears, upon completion of each phase. Contractor
shall be reimbursed for travel, subsistence and business expenses necessary for the performance of services pursuant to the
Contract in accordance with CSU policy.
(d) Unless otherwise specified; the CSU shall pay properly submitted invoices not more than 45 days after (i) the performance
completion date of services; or (ii) receipt of an undisputed invoice, whichever is later. Late payment penalties shall not apply
to this Contract.
(e) The consideration to be paid Contractor, as described within the Contract, shall be in full compensation for all of Contractor's
expenses incurred in the performance hereof, including travel and per diem, unless otherwise expressly so provided.
3. Appropriation of Funds
(a) If the term of the Contract extends into fiscal years subsequent to that in which it is approved such continuation of the Contract
is subject to the appropriation of funds for such purpose by the Legislature. If funds to effect such continued payment are not
appropriated, Contractor agrees to take back any commodities furnished and er:the Contract, terminate any services supplied to
the CSU under the Contract, and relieve the CSU of any further obligation therefore.
(b) CSU agrees that if provision (a) above is involved, commodities shall be returned to the Contractor in substantially the same
condition in which they were delivered, subject to normal wear and tear. CSU. further agrees to pay for packing, crating,
transportation to Contractor's nearest facility and for reimbursement to Contractor for expenses incurred for its assistance in such
packing and crating.
4. Cancellation: CSU reserves the right to cancel this Contract at any time upon thirty (36) days written notice to the Contractor.
5. Independent Status: The Contractor, and the agents and employees of Contractor, in the performance of this Contract, shall act
in an independent capacity and not as officers or employees or agents of the State of California. While Contractor may (or may not)
be required under the terns of this Contract to carry Worker's Compensation Insurance, Contractor is not entitled to unemployment
or workers' compensation benefits from the CSU.
6. Conflict of Interest
(a) Should the Contractor provide services for preparation or development of recommendations for the actions which are required,
suggested or otherwise deemed appropriate, and which include the provision, acquisition or delivery of products or service; then
the Contractor must provide full disclosure of any financial interest including but not limited to service Agreements, OEM,
and/or remarketing Agreement that may foreseeable allow the Contractor to materially benefit from the adoption of such
recommendations:
(b) The CSU requires a Statement of Economic Interests (Form 700) to be filed by any Consultant (or Contractor) who is involved
in the making, or participation in the making, of decisions which may forseeab!y have a material effect on my CSU financial
interest [reference G.C. 82019]:
The CSU reserves the right to prohibit participation by the Contractor in bidding to or providing services, goods or supplies or any
other related action which is required, suggested or otherwise deemed appropriate in.the,end product of this Contract
7. Governing Law: To the extent not inconsistent with applicable federal law, this Contract shall be construed in accordance with
and governed by the laws of the State of California.
8. Assignments: Without written consent of the CSU, the Contract is not assignable by Contractor either in whole or in part.
V. Time:' Time is of the essence of the Contract.
10. Contract Alterations & Integration: No alteration or variation of the terms of the Contract shall be valid unless made in
Writing and signed by the parties hereto, and no oral understanding or Contract not incorporated herein shall be binding on any of the
parties hereto.
Paget of 5 4/20/04
J
1 L General Indemnity: The Contractor agrees to indemnify, defend and save harmless the CSU, its officers, agents and employees
from any and all claims and losses accruing or resulting to any other person, firm or corporation furnishing or supplying work,
service, materials or supplies in connection with the performance of this Contract, and from any and all claims and losses accruing or
resulting to any person, firm or corporation which may be injured or damaged by the Contractor in the performance of this Contract.
12. Use of Data: The Contractor shall not utilize any information, not a matter of public record, which is received by reason of this
Contract, for pecuniary gain not contemplated by the tennis of this Contract, regardless of whether the Contractor is or is not under
contract at the time such gain is realized. The report, survey, or other product developed by the Contractor pursuant to this Contract is
the property of the CSU, and shall not be used in any manner by the Contractor unless authorized by the CSU.
13. Termination for Default: The CSU may terminate the Contract and be relieved of the payment of any consideration to
Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the
event of such termination, the CSU may proceed with the work in any manner deemed proper by the CSU. The cost to the CSU shall
be deducted from any sure due the Contractor under the Contract, and the balance, if any, shall be paid the Contractor upon demand.
14. Personnel: The Contractor shall make every effort consistent with sound business practices to honor the specific requests of the
CSU with regard to assignment of its employees; however, the Contractor reserves the sole right to determine the assignment of its
employees. If a Contractor employee is unable to perforrgdueto illness, resignation, or other factors beyond the Contractor's control,
the Contractor shall make every reasonable effort to provide suitable substitute personnel.
15. Nondiscrimination
(a) During the performance of this Contract, Contractor and its subcontractors shall not deny the Contract's benefits to any person
on the basis of religion, color, ethnic group identification, sex, age, physical or mental disability, not shall they discriminate
unlawfully against any employee or applicant for employment because of race, religion, color, national origin, ancestry, physical
handicap, mental disability, medical condition, marital status, age (over 40) or sex. Contractor shall insure that the evaluation
and treatment of employees and applicants for employment are free of such discrimination.
(b) Contractor shall comply with the provisions of the Fair Employment and Housing Act (Government Code Section 12900 et
seq.), the regulations promulgated thereunder (California Code of Regulations, Title 2, Sections 7285.0 et seq.), and the
provisions of Article 9.5, Chapter 1, Pan 1, Division 3, Title 2 of the Government Code (Government Code Sections 1 1135-
11139.5), and the regulations or standards adopted 'by the awarding state agency to implement such article.
(c) Contractor shall permit access by representatives of the Department of Fair Employment and Housing and the Trustees upon
reasonable notice at any time during the normal business hours, but in no case less than 24 hours notice, to such of its books,
records, accounts, other sources of information, and its facilities as said Department or Trustees shall require to ascertain
compliance with this clause.
(d) The provisions of Executive Order 11246, as amended (Equal Employment Opportunity/Affirmative Action), Section 402 of the
Vietnam Era Veterans' Readjustment Assistance Act of 1974, as amended (38 U.S.C. 4212 or VEVRAA), and Section 503 of
the Rc;tabilitation Act of 1973, as amended (29 U.S.C. 793), and the implementing ,regulations found at 41 CFR 60 -1 &2, 41
CFR 60 -250, and 41 CFR 60 -741, respectively, are hereby incorporated by rcfarence.
(e) Contractor and its subcontractors shall give written notice of their obligations under this clause to labor organizations with
which they have a collective bargaining or other agreement
(f) Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work
under the contract. (Gov. Code Section 12990, 11135 ct seq.; Title 2, California Code of Regulations, Section 8107).
16. Drug -Free Workplace Certification: By accepting a contract or purchase order, the Contractorcertifies under penalty of
perjury under the laws of the State of California that the Contractor will comply with the requirements of the Drug -Free Workplace
Act of 1990 (Government Code, Section 8355 et seq.) and will provide a drug -free workplace by doing all of that which Section
8355 et seq. require.
17. Severability: It is expressly agreed and understood by the parties hereto that if any provision of this Contract is held to be
unconscionable or invalid under any applicable statute or rule of law, it is deemed to that extent to be omitted. However, the balance
of the Contract shall remain in full force and effect.
I& Dispute: Any dispute arising under the terms of this Contract which is not resolved within a reasonable period of time by
authorized representatives of the Contractor and the CSU shall be brought to the attention of the Chief Executive Officer (or
designated representative) of the Contractor and the Chief Business Officer (or designee) of The CSU for joint resolution. At the
request of either party, The CSU shall provide a forum for discussion of the disputed item(s), at which time the Vice Chancellor,
Business and Finance (or designated representative) of The CSU shall be available to assist in the resolution by providing advice to
both parties regarding the CSU contracting policies and procedures. If resolution of the dispute through these means is pursued
without success, either party may seek resolution employing whatever remedies cxistin law or equity beyond this Contract Despite
an unresolved dispute, the Contractor shall continue without delay to perform its responsibilities under this Contract. The Contractor
shall keep accurate records of its services in order to adequately document the extent of its services under this Contract
19. Privacy of Personal Information: Contractor acknowledges the privacy rights of individuals to their personal information that
are expressed in the State's information Practices Act (California Civil Code Section 1798 et seq.) and in California Constitution
Article 1, Section I. Contractor shall not release personal information contained in CSU records without full compliance with
applicable state and federal privacy laws. Contractor further, acknowledges Federal privacy laws such as Gramm - Leach - Bliley Act
(Title 15, United States Code, Sections 6801(b) and 6805(6)(2)) applicable to financial transactions and Family Educational Rights
Page 2 of 5 4/20/04
and Privacy Act (Title 20, United States Code, Section 1232g) applicable to student records and information from student records.
Contractor shall maintain the privacy of protected personal information. Contractor shall maintain the privacy of protected
personal information. Contractor shall disclose any breach of the security of the system and the disclosure shall be
made in the most expedient time possible consistent with the methods prescribed in California Civil Codes 1798.29g
and 1798.82g.
20. Waiver of Rights: Any action or inaction by the CSU or the failure of the CSU on any occasion to enforce any right or provision
of the Contract shall not be construed to be waiver by the CSU of its rights hereunder and shall not prevent the CSU from enforcing
such provision or right on any future occasion. The rights and remedies of the CSU provided herein shall not be exclusive and are in
addition to any other rights and remedies provided by law..
21. Endorsement: Nothing contained in this Contract shall be construed as conferring on any party hereto, any right to use the other
parties name as an endorsement of product/service or to advertise, promote or otherwise market any product or service without the
prior written consent of the other patties. Furthermore nothing in this Contract shall be construed as endorsement of any commercial
product or. service by the CSU, its officers or employees.
22. Patent, Copyright, and Trade Secret Indemnity: A contractor may be required to furnish a bond to the CSU against any and
all loss, damage; costs, expenses, claims and liability for patent, copyright and trade secret infringement. Inaddition:
(a) The Contractor, at its own expense, shall defend any action brought against the CSU to the extent that such action is based upon
a claim that the product supplied by the Contractor or the operation of such product infringes a United States patent or copyright
or violates a trade secret. The Contractor shall pay those costs and damages finally awarded against the CSU in any such action.
Such defense and payment shall be conditioned on the following:
(i) That the Contractor shall be notified within a reasonable time in writing by the CSU of any notice of such claim; and,
(ii) That the Contractor shall have the sole control of the defense of any action on such claim and allhegotiations for its
srttlement or compromise, provided, however, that when principles of government or public law are involved, the CSU has
the option to participate in such action at its own expense.
(b) Should the product, or the operation thereof, become, or in the Contractor's opinion is likely to become, the subject of a claim of
infringement of a United States or foreign patent or copyright or a trade secret, the CSU shall permit the Contractor at its option
and expense either to procure for the CSU the right to continue using the product, or to replace or modify the same so that they
become non - infringing provided such replacement or modified product satisfies the performance requirements specified in the
Contract. If none of these options can reasonably be taken, or if the use of such product by the CSU shall be prevented by
injunction, the Contractor agrees to take back such product and make every reasonable effort to assist the CSU in procuring a
substitute product. If, in the sole opinion of the CSU, the return of such infringing product makes the retention of other products
acquired from the Contractor under this contract impractical, the CSU shall then have the option of terminating the contract, or
applicable portions thereof, without penalty or termination charge. The Contractor agrees to take back such product and refund
any sums the CSU has paid Contractor less any reasonable amount for use or damage.
23. Compliance with NLRB Orden: Contractor declares under penalty of perjury that no more than one final, unappealable
finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year
period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an
order of the National Labor Relations Board. This provision is required by, and shall be construed in accordance with, Public
Contract Code Section 10296.
24. Examination and Audit: For contracts in excess of $10,000, the Contractor shall be subject to the examination and audit of (a)
the Office of the University Auditor, and (b) the State Auditor, for a period of three (3) years after final payment tinder the contract in
A Minim with Government Code Section 8546.7 and with Education Code Section 89045(c & d), respectively. The examination
and audit shall be confined to those matters connected with the performance of the contract, including, but not limited to, the costs of
administering the Contract
25. DVBE and Small Business Participation: The State of California supports statewide participation goals of 3% for disabled
business enterprises, (DVBE Program) and requires agencies to provide a 5% preference when awarding contracts to small
businesses. Only small businesses certified by the Office of Small and Minority Businesses (OSMB) are eligible to receive the
preference. The CSU encourages all contractors to use the services of DVBE and OSMB- certified small business enterprises
whenever possible, and to report their use to the CSU.
i.6. Citizenship and Public Benefits: If Contractor is a natural person, Contractor certifies in accepting this Contract that s/he is a
citizen or national of the United States or otherwise qualified to receive public benefits under the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (P.L. 104 -193; 110 STAT.2105, 2268 -69).
27. Americans With Disabilities Act (ADA): Contractor warrants that it complies with California and federal disabilities laws and
regulations.
2& Child Support Compliance Act: For any contract in excess of $100,000, the contractor acknowledges in accordance with
Public Contract Code Section 7110, that:
(a) The contractor recognizes the importance of child and family support obligations and shall fully comply with all applicable state
and federal laws relating to child and family support enforcement, including, but not limited to, disclosure of information and
Page 3 of 5 4/20/04
compliance with earnings assignment orders, as provided in Chapter 8 (commencing with Section 5200) of Part 5 of Division 9
of the Family Code; and
(b) The contractor, to the best of its knowledge is fully complying with the earnings assignment orders of all employees and is
providing the names of all new employees to the New Hire Registry maintained by the California Employment Development
Department.
29. Document Referencing: All correspondence, invoices, bills of lading, shipping memos, packages, etc., must show the Contract
number. If factory shipment, the factory must be advised to comply. Invoices not properly identified with the contract number and
contractor identification rumba may be returned to'contractor and may cause delay in payment.
30. Forced, Convict, Indentured and Child Labor: By accepting a contract or purchase order; the Contractor certifies that no
apparel, garments or corresponding accessories, equipment, materials, or supplies furnished to the State pursuant to this Contract
have been laundered or produced in whole or in part by sweatshop labor, or with the benefit of sweatshop labor, forced labor, convict
labor, indentured labor under penal sanction, or abusive forms of child labor or exploitation of children in sweatshop labor.
Contractor shall cooperate fully in providing reasonable access to the Contractor's records, documents, agents or employees, or
premises if reasonably required by authorized officials of the CSU, the Department of Industrial Relations, or the Department of
Justice determine the Contractor's compliance with the requirements above. (Public Contract Code Section 6108)
31. Covenant Against Gratuities: The Contractor shall warrant that no gratuities (in the form of entertainment, gifts, or otherwise) were offered or
given by the Contractor, or any agent or representative of the Contractor, to any officer or employee of the CSU with a view toward securing the
Contract or securing favorable treatment with respect to any determinations concerting the performance of the Contract For breach or violation of
this warranty, the CSU shall have the right to terminate the Contract, either: in whole or in part, and any loss or damage sustained by the CSU in
procuring on the open market any items which the Contractor agreed to supply shall be bome and paid for by the Contractor. The rights and remedies
of the CSU provided in this clause shall not be exclusive and are in addition to any other rights and remedies provided by law or
under the Contract.
32. Rights and Remedies of CSU for Default
(a) In the event any Deliverables furnished or services provided by the Contractor in the performance of this Contract should fail to
conform to the requirements herein, or to the sample submitted by the Contractor, the CSU may reject the same, and it shall
thereupon become the duty of the Contractor to reclaim and remove the same forthwith or to correct the performance of
services, without expense to the CSU, and immediately to replace all such rejected items with others conforming to such
specifications or samples; provided that should the Contractor fail, neglect, or refuse to do so, the CSU shall thereupon have the
right to purchase in the open market, in lieu thereof; a corresponding quantity of any such items and to deduct from any moneys
due or that may thereafter become due to the Contractor the difference between the price named in the Contract and the actual
cost thereof to the CSU.
(b) In the event the Contractor shall fail to make prompt delivery as specified of any item, the same conditions as to the tight of the
CSU .o purchase in the open market and to reimbursement set forth above shall apply, except for force majeure. Except for
defaults of subcontractors, neither party shall be responsible for delays or failures in performance resulting from acts beyond the
control of the offending party. Such acts (known as "force majeure ") shall include but shall not be limited to fur, strike, freight
embargo or acts of God and of the Government If a delay or failure in performance by the Contractor arises out of a default of
its subcontractor, and if such default arises out of causes beyond the control of both the Contractor and subcontractor, and
without the fault or negligence of either of them, the Contractor shall not be liable for damages of such delay or failure, unless
the supplies or serves to be furnished by the subcontractor were obtainable from other sources in sufficient time to permit the
Contractor to meet the required performance schedule.
(c) In the event of the termination of the Contract, either in whole or in part, by reason of the default or breach thereof by the
Contractor, any loss or damage sustained by the CSU in procuring any items which the Contractor therein agreed to supply shall
be home and paid for by the Contractor..
(d) The rights and remedies of the CSU provided above shall not be exclusive and are in addition to any other rights and remedies
provided by law or under the Contract.
33. Contractor's Power and Authority: The Contractor warrants that it has full power and authority to grant the rights herein
granted and will hold the CSU hereunder Harmless from and against any loss, cost, liability, and expense (including reasonable
attorney fees) arising out of any breach of this warranty. Further, Contractor avers that it will not enter into any arrangement with any
third party which might abridge any rights of the CSU under this Contract.
34. Recycled Content Certification: Contractor agrees to certify in writing, under penalty of perjury, the minimum, if not the
exact, percentage of recycled content material, as defined in Sections 12161 and 12200 of the Public Contract Code, in materials,
goods, or supplies used in the performance of this Contract.
35. Entire Contract: This Contract sets forth the entire agreement between the parties with respect to the subject matter hereof and
shall govern the respective duties and obligations of the patties.
Page 4 of 5 4/20/04
1
36. Safety and Accident Prevention: In performing work under this Contract on CSU premises, Contractor shall conform to anv
specific safety requirements contained in the Contract or as required by law or regulation. Contractor shall take any additional
precautions as the CSU may reasonably require for safety and accident prevention purposes. Any violation of such rules and
requirements, unless promptly corrected, shall be grounds for termination of this Contract in accordance with default provisions
hereof.
37. Follow -On Contracts:
a) If the Contractor or its affiliates provides Consulting and Direction (as defined below), the Contractor and its affiliates:
(i) will not be awarded a subsequent Contract to supply the service or system, or any significant component thereof, that is
used for or in connection with any subject of such Consulting and Direction; and
(ii) will not act as consultant to any person or entity that does receive a Contract described in sub- section (i). This prohibition
will continue for one (1) year after termination of this Contract or completion of the Consulting and Direction, whichever
comes later.
b) "Consulting and Direction" means services for which the Contractor received compensation from the CSU and includes:
(i) development of or assistance in the development of work statements, specifications, solicitations, or feasibility studies;
(ii) development or design of test requirements;
(iii) evaluation of test data;
(iv) direction of or evaluation of another Contractor;
(v) provision of formal recommendations regarding the acquisition of products or services; or
(vi) provisions of formal recommendations regarding any of the above. For purposes of this Section, "affiliates" are employees,
directors, partners, joint venture participants, parent corporations, subsidiaries, or any other entity controlled by,
controlling or under common control with the Contractor. Control exists when an entity owns or directs more than fifty
percent (50%) of the outstanding shares or securities representing the right to vote for the election of directors or other
managing authority.
c) Except as prohibited by law, the restrictions of this Section will not apply:
(i) to follow -on advice given by vendors of commercial off -thc -shelf products, including Software and Hardware, on the
operation, integration, repair, or maintenance of such products after sale; or
(ii) where the CSU has entered into a Contract for Software or services and the scope of work at the time of Contract execution
expressly calls for future recommendations among the Contractor's own products.
d) The restrictions set forth in this Section are in addition to conflict of interest restrictions imposed on public Contractors by
California law ( "Conflict Laws "). In the event of any inconsistency, such Conflict Laws override the provisions of this Section,
even if enacted after execution of this Contract.
38. Expatriate Corporations: By accepting a contract or purchase order, the Contractor declares under penalty of perjury under the
laws of the State of California that the Contractor is eligible to contract with the CSU pursuant to The California Taxpayer and
Shareholder Protection Act of 2003, Public Contract Code Section 10286 et. Seq.
Page 5 of 5 4120104
i
INSURANCE REQUIREMENTS
Exhibit B
Rev 8/17/06
The Contractor will maintain all necessary Insurance as required herein. The Contractor shall provide a Certificate
of Insurance upon award of a Service Agreement with appropriate endorsements indicating that the required coverage is in
effect on an annual basis, or for the duration of the Service Agreement. Contractor agrees to provide, or cause their
insurance carrier to provide, at least 30 days written notice prior to cancellation or modification (10 days advance written
notice for non payment) of such liability insurance. In the event the insurance coverage expires at any time or times during
the term of the Service Agreement, Contractor agrees to provide at least 15 days prior to said expiration date, a new
certificate of insurance evidences coverage as provided herein for not less than the remainder of the term of the Service
Agreement, or for a period of not less that one year. New certificates of insurance are subject to the approval of the CSU,
and Contractor agrees that no work or services shall be performed prior to the giving of such approval. In the event the
Contractor fails to keep in effect at all times insurance coverage as herein provided, the CSU may in addition to any other
remedies it may have, terminate this Service Agreement upon the occurrence of such event. Contractor agrees to waive
their right of subrogation against the CSU for any claims.
Insurance to be placed with the California Admitted insurer with current A.M. Best's rating of no less that A:VII
unless otherwise approved by the CSU.
If any Insurance required herein is written on a claims -made form, following the termination of this Agreement,
coverage shall survive for a period of not less than three years. Coverage shall provide for a retroactive date of placement
coinciding with the Agreement commencement date.
Commercial General Liability Coverage (as broad as ISO occurrence for CG0001) primary insurance coverage
against claims for injuries to persons or damages to property and/or damages to property and/or contractual liability which
may arise from or in connection with the performance of the work or operations hereunder by or on behalf of the Contractor,
its agents, representatives or employees in an amount not less that $5,000,000.00 (Five million dollars) per occurrence;
$10,000,000.00 (Ten million dollars) aggregate.
Endorsements shall designate:
The State of California, Trustees of the California State University, California Polytechnic State
University San Luis Obispo, and each of their officers, officials, employees, authorized representatives, agents and
volunteers, the "CSU", as additional insured(s).
Endorsements shall state this insurance shall be primary as respects the CSU, or if excess, shall stand in an
unbroken chain of coverage excess of the Named Insured's scheduled underlying primary coverage. In either event, any
other insurance maintained by the University scheduled above shall be in excess of this insurance and shall not be called
upon to contribute with it.
Business Auto Liability Coverage (as broad as ISO form number CA 0001, code I any auto) primary insurance
against claims for injuries to persons or damages to property and/or contractual liability which may arise from or in
connection with the performance of the work hereunder by the Contractor, its agents, representatives or employees covering
owned, hired, leased and non -owned automobiles used by or on behalf of the Contractor, including coverage for uninsured
and underinsured motorists, in an amount not less than $5,000,000.00 (Five million dollars) per occurrence; $10,000,000.00
(Ten million dollars) aggregate.
Endorsement shall designate:
The State of California, Trustees of the California State University, California Polytechnic State
University San Luis Obispo, and each of their officers, officials, employees, authorized representatives, agents and
volunteers, the "CSU', as additional insured(s).
Endorsement shall state that this insurance shall be primary as respects the CSU, or if excess, shall stand in an
unbroken chain of coverage excess of the Named Insured's schedule underlying primary coverage. In either event, any
other insurance maintained by the CSU scheduled above shall be in excess of this insurance and shall not be called upon to
contribute with it.
Contractors who are sole proprietors and are using automobiles for personal transportation only may submit proof
of automobile insurance as required by California law.
Worker's Compensation and Employer's Liability Coverage:
The Contractor shall provide the following coverage:
Primary insurance coverage against claims with respect to obligations imposed on the Contractor and sub
contractors by State worker's compensation statues and damages that the contractor becomes legally obligated to pay
because of bodily injury by accident or disease to an employee.
Minimum limits: amount proscribed by California law for Worker's Compensation, $1,000,000 for Employer's Liability.
Endorsement shall state that the insurer waives their right of subrogation against the CSU
Sole Proprietors Exclusion
Contractors who are sole proprietors or are otherwise excluded from state requirements for workers compensation
coverage may:
Submit: proof of health insurance as broad as statutorily required by the State of California for employees and
either submit proof of disability insurance as broad as statutorily required by the State of California for employees
or execute a Release Agreement with the University regarding the contract activities to be performed.
� t
Exhibit C
SCOPE OF SERVICES
FOR SLO TRANSIT OPERATIONS
Cal Poly, SLO ( "Cal Poly") and the City of San Luis Obispo ( "the City ") have agreed to a five year
contract regarding services to be provided to Cal Poly by SLO Transit, the City's transit operation. This
contract includes the following provisions:
1. The term of the contract will run for five fiscal years, from 7/1/06 through 6/30/11. In the event a
new agreement is not executed prior to the termination of this term the parties agree that any
services rendered by the City at the request of Cal Poly after that date will be on a month to month
basis at the then current prorated rate.
2. Cal Poly's payment to the City will be as follows, assuming there are no changes to the existing
levels of service:
Year 1 (FY 06/07) = $322,000
Year 2 (FY 07/08) = $322,000
Year 3 (FY 08/09) = $331,660
Year 4 (FY 09/10) = $341,610
Year 5 (FY 10/11) = $351,858
Annual payment includes a 3% increase, after the first two years of the contract.
Payments (Net 30) will be made on a quarterly prorated basis, after receipt of ridership reports and
a valid invoice.
3. Cal Poly's rates are based on a combination of revenue vehicle miles (RVM) (See attached report)
and a percentage share of the unsubsidized operating cost for the Cal Poly related SLO Transit
routes (routes 4, 5, 6a, & 6b). The City agrees that there shall be no Cal Poly contribution for SLO
Transit's downtown trolley, City indirect costs, or the fare box recovery system.
NOTE: During the term of this agreement, City and Cal Poly shall meet to discuss and validate the
formula being used to determined Cal Poly's contributions (RVM and percentage share of the
unsubsidized operating cost for the identified Cal Poly SLO Transit routes) over the period of the
agreement. Included in the discussion will be evaluating other possible methodologies for
determining Cal Poly's annual rate.
4. In the event of the City plans on making changes to transit.service or transit operations that may
impact Cal Poly ridership, the City and Cal Poly agree to meet and discuss proposed changes, prior
to presentation to the Mass Transit Committee.
5. In the event of a significant service reduction, in accordance to the City's Transit Service Public
Participation Policy, the City and Cal Poly will review and evaluate the proposed service change
and amend this agreement to an annual rate and service level that is mutually acceptable.
6. During second year of service, City and Cal Poly shall meet to discuss possible options for route
coverage for Poly Canyon Village. If a mutually agreeable decision is made to modify route
coverage, an amendment to this agreement will be administered to document any changes and rate
impacts, if applicable.
The City responsibilities include the following services:
a. No fare for individuals with Cal Poly ID (Students, Staff, and Faculty)
b. Replace Cal Poly bus shelters with City approved bus shelters, as funding is available. Cal
Poly building permit required prior to installation.
c. Promote the Cal Poly Program, which may include financial and/or non - financial
contributions that are mutually acceptable.
d. In the event that the City conducts an origin and destination survey as part of their Short
Range Transit Plan (SRTP) updates, the City will include questions in the survey instrument
designed to collect the number of individuals from Cal Poly that are riding the bus.
e. Enhance data collection as part of the on -going operations, including EDAPTS reporting
when possible. Cal Poly agrees that any funding related to EDAPTS is separate from this
agreement.
f. Unlimited rides and transfers for individuals authorized under this agreement to use the Cal
Poly Program.
g. When "leave behinds" consistently occur and are not remedied by another measure, or
ridership trends dictate changes to service levels, the City and Cal Poly will implement
service changes allowed under the processes established in the City's Short Range Transit
Plan and if implementation of said service changes can be accommodated within existing
financial and operational resources.
h. Collect accurate Cal Poly Ridership Data and report that data on a quarterly basis to Cal
Poly. The collection of data should include at a minimum the number of Cal Poly riders per
route per period as well as other riders separately. Breakout data for day, evening, weekday
and weekend Ridership numbers (Cal Poly and all others) as well as in session & out of
session data. (See reporting examples attached as pages 3 -5).
i. Provide certified annual operating data for SLO Transit operations, at a level of detail
mutually agreed upon by both parties. Data shall include income and expense data and a
summary of average cost for Cal Poly Riders versus all other riders of system.
j. Schedule and participate in "meet and confer" sessions with Cal Poly as needed under this
agreement.
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RESOLUTION NO. 9840 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXPENDITURE OF $1009000 FROM THE 2006 -07 STATE
BUDGET TO CONTINUE FUNDING PUBLIC SAFETY PERSONNEL
WHEREAS, the adoption of the 2006 -07 State budget, includes continuation of
AB 1913 which established the Supplemental Local Law Enforcement Fund; and
WHEREAS, AB 1913 appropriated $100 million to supplement local law
enforcement budgets; and
WHEREAS, the City of San Luis Obispo has received $100,000 from the 2006-
07 California State budget as granted under AB 1913; and
WHEREAS, the funds may be applied to projects and front line municipal police
services which are in existing budgets but are under - funded; and
WHEREAS, a public hearing was held on September 5, 2006, to receive public
input on the recommendations for the use of these funds.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San
Luis Obispo approves the expenditure of $100,000 as received from the 2006 -07
California State budget to assist in funding Public Safety personnel, and authorizes the
Chief of Police to execute any grant related documents.
Upon motion of Council Member Ewan, seconded by Council Member Mulholland and
on the following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor
Settle and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5`s day of September 2006.
ATTEST:
Audrey Hoo r
City Clerk
AS TO
Z7
P. Lowell
City Attorney
RESOLUTION NO. 9839 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT A PORTION OF THE SOUTH STREET RIGHT
OF WAY IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET
PURPOSES AND ORDERING ITS FINAL ABANDONMENT, SUBJECT TO
RESERVATION OF SPECIFIC EASEMENTS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with a public hearing duly held on September 5, 2006,
pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of
General Plan consistency, that this Council finds and determines that a portion of South Street,
60 feet in width, beginning at a point on the centerline of South Street 19.09 feet South
89 °28'07" East of the East State Route 227 (Broad Street) Right of Way and terminating at the
prolongation of the West side line of the former Rachel Street, including the abandonment
underlying Emily Street that is within the South Street right of way, as shown on "Exhibit A ",
attached hereto and incorporated herein, is not necessary for present or future public street
purposes.
SECTION 2. This Council hereby orders the abandonment of said right -of -way
subject to the following:
Reservation of an easement 60 feet in width, beginning at the prolongation of the West side
line of Emily Street and terminating at the prolongation of the West side line of Rachel
Street, of the abandoned South Street right of way for Sewer Main access and maintenance;
and reserving to Pacific Gas and Electric Company, over the entire Abandoned South Street
Right of Way as shown on Exhibit "A ", an easement for the right from time to time to install,
maintain, repair, operate, replace, remove and renew underground wires and other structures,
equipment and fixtures for the operation of said facilities within said easement.
SECTION 3. The City Clerk shall cause a certified copy of this Resolution of
Abandonment, duly attested under the sea] of the City, to be recorded in the Office of the San
Luis Obispo County Recorder.
On motion of Council Member Mulholland, seconded by Vice Mayor Settle, and
on the following roll call vote:
AYES:
NOES:
ABSENT/RECUSED:
Council Members Brown
Settle and Mayor Romero
None
Council Member Ewan
and Mulholland, Vice Mayor
C
Resolution No. 9839 (2006 series)
Page 2
The foregoing resolution was passed and adopted this 5`h day of September 2006.
Mayor David F. Romero
ATTEST:
Audrey Hoo
City Clerk
APPROVED:
Jonathan P,�owell
City Attorney
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RESOLUTION NO. 9838 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS)
WHEREAS, response to and recovery from major emergencies and disasters require
integrated professional management and coordination; and
WHEREAS, the President directed the Secretary of the Department of Homeland
Security to develop and administer a National Incident Management System (NIMS) to
standardize and enhance incident management procedures nationwide; and
WHEREAS, the National Incident Management System provides a structure and process
to effectively coordinate responders from multiple disciplines and levels of government and to
integrate them with resources from the private sector and non - governmental organizations; and
WHEREAS, the California Standardized Emergency Management System substantially
meets the objectives of the National Incident Management System; and
WHEREAS, use of the National Incident Management System, which has as a key
component the Incident Command System (ICS), will improve the City of San Luis Obispo's
ability to manage major emergencies and disasters; and
WHEREAS, failure to adopt and use the National Incident Management System may
preclude the City of San Luis Obispo from receiving federal preparedness grants or
reimbursement for costs expended during major emergency and disaster response and recovery
operations.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby adopts the National Incident Management System as the foundation for incident
command, coordination and support activities. It shall further be the policy of City of San Luis
Obispo to provide appropriate training on the National Incident Management System and its core
components to personnel responsible for managing and/or supporting major emergency and
disaster operations.
On motion of Vice Mayor Settle, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 5`s day of September 2006.
Resolution No. 9838 (2006 Series)
Page 2
ATTEST:
Audrey Hoo r
City Clerk
APPROVED AS TO FORM:
Jo P. Lowell
City Attorney
Mayor David F.. Romero
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RESOLUTION NO. 9837 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO AMENDING
THE CITY'S CONFLICT OF INTEREST CODE
WHEREAS, the City Council adopted Resolution No. 5044 (1983 Series)
amending the City's Conflict of Interest Code by incorporating by reference the Fair
Political Practices Commission's standard model Conflict of Interest Code (Title 2,
Division 6 of the California Code of Regulations) and updating the list of designated
positions required to file a Statement of Economic Interests; and
WHEREAS, the Political Reform Act requires that the City Council review its
Conflict of Interest Code biennially to determine whether amendments are required; and
WHEREAS, Resolution No. 9621 (2004 Series) adopted on November 16, 2004,
amended the City's Conflict of Interest Code by updating the Appendix (List of
Designated Positions and Disclosure Categories); and
WHEREAS, a review of the Appendix indicates that amendments are necessary
to reflect changes in job titles, positions and classifications; and further reveals the need
to add disclosure categories specifying those financial interests that designated positions
must disclose.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Resolution No. 9621 (2004 Series) is hereby rescinded.
SECTION 2. The Fair Political Practices Commission's standard model Conflict
of Interest Code (Title 2, Division 6 of the California Code of Regulations), as
reorganized, along with the List of Designated Positions and Disclosure Categories in the
Appendix constitute the City of San Luis Obispo's Conflict of Interest Code.
Upon motion by Vice Mayor Settle, seconded by Council Member Mulholland,
and on the following vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor
Settle and Mayor Romero
NOES: None
ABSENT: None
R 9837
Resolution No. 9837 6.,606 06 Series) �D
Page 2
The foregoing resolution was adopted this 5`h day of September 2006.
Mayor M2.01'rop'l F"
David F. Romero
ATTEST:
Audrey Hoop r
City Clerk
APPROVED AS TO FORM:
IMMILIZIgi
City Attorney
o n
Resolution No. 9837 (2006 Series)
Page 3
POSITION
Administrative Office:
APPENDIX
AMENDED LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES'
DISCLOSURE CATEGORY
Assistant City Administrative Officer 1
Economic Development Manager 3
Natural Resources Manager 3
Principal Administrative Analyst 1
City Attorney:
Assistant City Attorney 1
City Clerk:
City Clerk 1
Community Development:
Assistant Planner(s) 3
Associate Planner(s) 3
Building Inspector(s) 3
Building Permit Coordinator 3
Chief Building Official 3
Code Enforcement Coordinator 3
Community Development Director 3
Contract Planner(s) 1
Deputy Community Development Director, Development Review 3
Deputy Community Development Director, Long Range Planning 3
Housing Programs Manager 3
Plan Examiner . 2
Planning Technician 3
Senior Planner(s) 3
Finance & Information Technologv Department:
Accounting Supervisor 2
Revenue Supervisor 2
Finance Manager 2
Information Technology Manager 2
Telecommunications Supervisor 2
'The Mayor and Council Members, Planning Commissioners, City Administrative Officer, City Attorney
and Finance & Information Technology Director /City Treasurer are required to file Statements of Economic
Interests pursuant to Government Code Section 87200, and are therefore, not included in the List of
Designated Positions required to file pursuant to the City's Conflict of Interest Code.
O 10
Resolution No. 9837 (2006 Series)
Page 4
Fire Department:
Fire Marshal
Battalion Chief(s)
Fire Chief
Fire Inspector
Hazardous Materials Coordinator
Human Resources Department:
Human Resources Analyst
Human Resources Director
Risk Manager
Police Department:
Administrative Analyst
Administrative Assistant
Chief of Police
Communications and Records Manager
Neighborhood Services Manager
Police Captain(s)
Police Lieutenant(s)
Public Works Department:
Administrative Services Manager
Engineering Technician(s) 1— 3
Facilities Maintenance Supervisor
City Traffic Engineer
Construction Engineer Manager
Deputy Public Works Director
Director of Public Works
Engineer 1 - 3
Field Engineering Assistant
Fleet Maintenance Supervisor
GIS Supervisor
Parking Manager
Parks and Urban Forest Supervisor
Permit Technician
Principal Transportation Planner
Program and Project Coordinator
Public Works Inspector(s)
Senior Civil Engineer
Street Maintenance Supervisor
Supervising Administrative Assistant(s)
Supervising Civil Engineer
Transit Manager
3
3
1
3
3
2
1
2
2
2
1
2
2
2
2
2
3
2
2
2
2
1
2
3
2
2
2
2
3
2
3
3
3
2
2
2
2
C.
Resolution No. 9837 (2006 Series)
Page 5
Parks & Recreation Department:
Director of Parks and Recreation
Golf Course Supervisor
Ranger Service Administrator
Recreation Manager
Recreation Supervisor —Sports
Recreation Supervisor - Aquatics
Recreation Supervisor - Children's Services
Recreation Supervisor - Facilities
Utilities Department:
Administrative Analyst
Industrial Waste Coordinator
Industrial Waste Inspector
Utilities Director
Utilities Engineer
Wastewater Collection Supervisor
Wastewater Division Manager
Wastewater Treatment Plant Supervisor
Water Conservation Coordinator
Water Distribution Supervisor
Water Division Manager
Water Projects Manager
Water Supply Supervisor (Whale Rock)
Water Treatment Supervisor
Committees /Commissions:
Members of the Architectural Review Commission
Members of the Cultural Heritage Committee
Members of the Downtown Association
Members of the Housing Authority
Members of the Promotional Coordinating Committee
Other Positions:
Consultants
Downtown Association Administrator
Housing Authority Executive Director
Temporary Positions
1
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
3
3
1
3
2
1
1
1
1
Resolution No. 9837 (2006 Series)
Page 6
ZConsultants should be included in the list of designated employees and shall disclose pursuant to the broadest
disclosure category in the code subject to the following limitation:
The City Administrative Officer may determine (upon written application by the consultant) that a particular
consultant, although a "designated position," is hired to perform a range of duties that is limited in scope and
thus is not required to fully comply with the disclosure requirements described in this section. Such written
determination shall include a description of the consultant's duties and, based upon that description, a statement
of the extent of disclosure requirements. The City Administrative Officer's determination is a public record and
shall be retained for public inspection in the same manner and location as this Conflict of Interest Code.
If a consultant believes he or she is exempt from disclosure requirements of law, prior to the application to the
City Administrative Officer, the consultant shall obtain opinion to that effect from an admitted attorney to
practice in the State of California, which opinion shall contain the information specified in the paragraph
above.
3Temporary positions may be required to file a Statement of Economic Interests upon determination by the City
Attorney that the temporary position is the functional equivalent of a designated position.
DISCLOSURE CATEGORIES
CateROry Reportable Interests
Investments, business positions, income from sources located in or doing business
in the jurisdiction, interests in real property located in the jurisdiction, including
property located within a two -mile radius of any property owned or used by the City.
Investments, business positions, and sources of income of the type which provide
services, supplies, materials, machinery or equipment of the type utilized by the
City.
Investments, business positions, and sources of income of the type that engage in
land development, construction or the acquisition or sale of property. Interests in
real property located within the jurisdiction, including property located within a
two -mile radius of any property owned or used by the City.
J
RESOLUTION NO. 9836 (2006 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING AMENDMENTS TO THE AIRPORT AREA SPECIFIC
PLAN TO ALLOW TEMPORARY PARKING IN THE BUSINESS PARK
ZONE, AND ENVIRONMENTAL REVIEW (SP, R/TA, ER 107 -06)
WHEREAS, the Airport Land Use Commission of San Luis Obispo conducted a public
hearing on July 19, 2006, for the purpose of evaluating the request to amend the Zoning
Regulations and Airport Area Specific Plan to allow temporary parking in the Business Park
zone, and found these amendments consistent with the Airport Land Use Plan; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing on July 26, 2006, for the purpose of formulating and forwarding
recommendations to the City Council regarding the request to amend the Zoning Regulations and
Airport Area Specific Plan to allow temporary parking in the Business Park zone; and
WHEREAS, the City Council conducted a public hearing on, August 15, 2006, and has
considered testimony of the applicant, interested parties, the evaluation and recommendation of
staff and the records of the Planning Commission hearing and action; and
WHEREAS, the City Council finds that the project is consistent with the City of San
Luis Obispo General Plan; and
WHEREAS, the City Council has considered the Negative Declaration of Environmental
Impact as prepared by staff.
THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as
follows:
Section 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed Specific Plan amendments are consistent with the General Plan
because they will promote the efficient use of land and a diverse and dynamic
commercial sector by providing for additional parking facilities on a temporary basis
and for intermittent events, while facilitating division of parking areas into multiple
small lots.
2. The proposed Specific Plan amendments will not harm the general health, safety or
welfare of people working or living in the City, as individual projects will be
reviewed by the Director for consistency with City policies and standards.
3. The use is compatible with other land uses in the Airport Specific Plan Area because
temporary parking facilities are conceivably necessary to accommodate intermittent
uses and to facilitate for phased development.
4. The Initial Study of Environmental Impact and the Negative Declaration adequately
evaluate all of the potential impacts of the text amendments.
C O
Resolution No. 9836 (2006 Series)
Page 2
Section 2. Environmental Review. The City Council does hereby adopt a Negative
Declaration for the request to amend the Zoning Regulations and Airport Area Specific Plan to
allow temporary parking facilities in the Business Park zone.
Section 3. Action. The City Council does hereby approve the request to amend the
Airport Area Specific Plan to allow temporary parking in the Business. Park zone, as shown in
the attached Exhibit A and B.
On motion by Vice Mayor Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 15`s day of August 2006.
12 �
Mayor David F. Romero
ATTEST:
Audrey per
City Cler
APPROVED AS TO FORM:
Jon an P. Lowell
City Attorney
AASP Table 4.3 - Allowed Uses
Zoning District
Land Use I PF CS I M BP
INDUSTRV_ MANUFACTURING & PROCESSING- WHOLESALING
Furniture and. fixtures manufacturing, .cabinet shop
PC
D
A
D,
Industrial research and development
D
D
D
Laboratory - Medical, analytical, research, testing
PC
A
A
A
Laundry, dry cleaning plant
PC
A
A
A,
Manufacturing - Heavy
A
D
PC
Manufacturing - Light
D
A
A
Petroleum . product storage and distribution
D
D
Photo and film processing lab
PC
A
A
D
Printing and publishing
D
A
A
A
Recycling facilities - Collection and processing facility
A
D
D
Recycling facilities - Scrap and dismantling yard
PC
PC
D
Recycling facilities - Small collection facility
PC
D
A
Storage yard
D
A
Warehousing, indoor storage
A
A
D,
Wholesaling and distribution
A
A
PC
Land Use
Zoning District
PF
CS
I M
BP
i nnriNr.
Homeless shelter a
PC
PC
PC
D,
Hotel, motel 8
D
PC
Zoning District
Land Use I PF CS I M BP
RECREATION. EDUCATION. & PUBLIC ASSEMBLY USES
Badtavem
D
D
D,
Club, lodge, private meeting hall
D
Commercial recreation facility - Indoor
PC
PC
D
Commercial recreation facility - Outdoor
PC
PC
Fitness/health facility
A
A
A,
Night club
Ds
Park, playground
D
Public assembly facility
PC
PC
Religious facility5
D
DZ
School - Specialized ed_ucationttraininga
A
A
D
Sports and active recreation facility
PC
PC
PC
Sports and entertainment assembly facility
PC
PC
Zoning District
Land Use I PF CS I M BP
RESIDENTIAL USES
Caretaker quarters' A A A D
Zoning District
Land Use I PF CS I M BP
RETAIL SALES
r�'i
Auto and vehicle sales and rental
A.
PC
D,.
Auto parts sales, with installation
A
A
A
A,
Auto parts sales, without installation
A
A
A
D,
Building and landscape materials sales, indoor
A.
A
D,
Building and landscape materials sales, outoor
D
A
A
A
Convenience store
A
D
D
D,
Farm supply and feed store
D
A
D
A
Fuel dealer (propane, etc)
D
A
A
Furniture, furnishings, and appliance stores
A
A
A
A
General retail - 2,000 sf or less
A,
Office- supporting retail, 2,000 sf or less
A
A,
Office - supporting. retail, More than 2,000, up to 5,000 sf
D,
Produce stand
A
Restaurant'
D
D
A,
Service station (see also "vehicle services')
A
Warehouse stores - 45,000 sf or less gfa
D
Warehouse stores - more than 45,000 sf gfa
PC
Zoning District
Land Use I PF CS I M BP
SERVICES - BUSINESS, FINANCIAL & PROFESSIONAL
Banks and financial services°
D
A
D,.
Business support services
A
A
A
A,
Medical Service - Doctor Office°
A
D,
As
D,
Medical Service - Clinic, Lab, Urgent Care8
D,
A
D,
Office - Business and services
D
D
D
A
Office - Governments
A
A
A
D
Office - Processings
D
A
D
A
Office - Production and administrativee
A
D
A
Office - Airport Related Services
A
A
A
A
Office - Professionals
A
Photographer, photographic studio
A
Zoning District
Land Use I PF C-S I M BP
SERVICES - GENERAL
Catering service
A
A
Copying and Quick Printer Service
A
A
A
D,
Day care - Adult, Child Day Care Centers
A
As
As
61
Equipment rental
A
A
Food bank/packaged food distribution center
D
D
D
Maintenance service, client site services
A
A
PC
Mortuary, funeral home
D
D
Personal services
A
D,
Zoning District
Land Use PF C -S M BP
ccQVrrcc _ r_t:uooet
Personal services - Restricted
D
Public safety facilities
A
D
Public utility facilities
A
A
A
Repair service - Equipment, large appliances, etc.
A
A
Social service organizations
D
Vehicle services - Repair and maintenance - Major
A
A
Vehicle services - Repair and maintenance - Minor
PC
A
A
PC
Vehicle services - Carwash
D
D
D
Veterinary clinic/hospital, boarding, large animal
PC
D
D
D
Veterinary clinic/hospital, boarding, small animal, indoor
A
AB
D
Veterinary clinic/hospital, boarding, small animal, outdoor
PC
D
D
D
Zoning District
Land Use I PF CS I M BP
TRANSPORTATION & COMMUNICATIONS
Airport Facilities/Expansion
PC
PC
PC
PC
Ambulance, taxi, and/or limousine dispatch facility
A
D
D
Antennas and telecommunications facilities
PC
D
D
D
Broadcast studio8
A.
AB
A,
{P arkingfacility_
PC
D _
D
Bf
Refuse Hauling, Septic Tank, Portable Toilet Sewers
PC
D
Truck or freight terminal
A
A
D
Water and wastewater treatment plants and services
PC
PC
PC
PC
Numbered Notes to Table 4.3:
1. These activities are considered secondary uses for business parks. Within a
development project site, their combined floor area shall not exceed 25 percent of the
total floor area. Some are also subject to limits on individual floor area, as shown in
the body of the table. Floor area limitations shall not apply to bank headquarters..
2. Use permit review shall consider that the C -S zone is primarily intended to
accommodate uses not generally suited to other commercial zones because of noise,
truck traffic, visual impacts and similar factors. A use permit may be approved only
when the church will not likely cause unreasonable compatibility problems with
existing or likely future service commercial uses in the vicinity. Use permit
conditions may include measures to mitigate incompatibility.
3. In the C -S zone, nightclubs must contain a minimum of four thousand five hundred
square feet of floor area. The required use permit process shall address parking,
neighborhood compatibility and security issues.
4. In order to approve a Medical Service use in the C -S or BP zones, the Hearing Officer
must make the following findings:
a) The proposed medical service is compatible with surrounding land uses.
b) The proposed medical service is located along a street designated as an arterial or
commercial collector in the Circulation Element and has convenient access to
public transportation.
c) The proposed medical service will not significantly increase traffic or create
parking impacts in residential neighborhoods.
d) The proposed medical service is consistent with the Airport Land Use Plan.
e) The project will not preclude service commercial uses in areas especially suited
for these uses when compared with medical services.
f) The project site can accommodate the parking requirements of the proposed
medical service and will not result in other lease spaces being under - utilized
because of a lack of available parking.
5. Allowed by right only in the S -lc and S -2 aviation safety areas (as defined in the
ALUP), where an employer provides on -site child care to 14 or fewer children for the
exclusive benefit of employees. Larger facilities for employees may be approved by
the Planning Commission, if allowed by the Airport Land Use Commission.
6. Broadcast studios are allowed by right except that an administrative use permit is
required to permit any on -site antennas, dishes, or transmission towers; or any radio,
microwave orther type of airbound transmission from the project site or any other site
within the Airport Area.
O
EN
7. Caretakers quarters shall have a maximum floor area of 1,000 square feet and shall
not be allowed in aviation safety area S -la or the runway protection zone, as defined
in the ALUP.
8. These uses are identified in the San Luis Obispo County Regional Airport Land Use
Plan as noise- sensitive, specific sound - attenuation requirements may apply. Refer to
the ALUP for more information.
9. Parking as a primary use in.the BP Zone shall be limited to temporary or intermittent
.use. The Director may establish requirements as necessary, including but not limited
to days and hours of operation, site planning, and improvements.
G
0 0
RESOLUTION NO. 9835 (2006 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL OF
INTENTION TO ABANDON PORTIONS OF THE FREDERICK STREET
AND HUMBERT AVENUE RIGHTS -OF -WAY; ABAN 27 -06
WHEREAS, the Planning Commission conducted a regular public hearing on June 14,
2006, for the purpose of making a General Plan determination and formulating a
recommendation to the City Council on a request for abandonment of excess rights -of -way
including portions of Frederick Street and Humbert Avenue; and
WHEREAS, research of the title report shows that the City of San Luis Obispo does not
have fee ownership of land underlying the Street rights -of -way; and
WHEREAS, the Planning Commission found that the proposed rights -of -way
abandonment is consistent with the City's General Plan, and recommended that the City Council
approve the abandonment, based on findings and subject to conditions as indicated in the
Planning Commission Resolution, incorporated herein by reference; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August
15, 2006, pursuant to a proceeding instituted under application ABAN 27 -06, Housing Authority
of San Luis Obispo County, applicant.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis
Obispo to abandon portions of Frederick Street and Humbert Avenue as shown on the map
marked Exhibit A, on file in the office of the City Clerk, pursuant to Section 8300 et seq. of the
State of California Streets and Highways Code, and that the abandonment shall be based on the
following findings, and subject to the following conditions:
Findings
1. The proposed abandonment of rights -of -way are consistent with the General Plan because
they are no longer needed for present or future public purposes.
2. Development of the rights -of -way as public streets would not serve any reasonable public
purpose since those properties fronting the rights -of -way gain access from other improved
streets, and there are no existing infrastructure improvements within the areas to be
abandoned.
PIWOMW
Resolution No. 9835 (2006 Series)
Page 2
3. The abandonment of rights -of -way will benefit the general public by eliminating unused
right -of -way and eliminating the City's costs for maintaining additional infrastructure
improvements.
4. The proposed abandonment of rights -of -way are categorically exempt from
environmental review under Section 15301 of the California Environmental Quality Act.
Conditions
1. The street abandonment shall not be finalized by the City until after all of the project
discretionary approvals have been secured by the Housing Authority for their affordable
housing project.
2. The rights -of -way necessary to complete the cul -de -sacs at the Francis and Humbert street
ends shall be offered or re- offered for dedication to the City concurrent with or prior to
final street abandonment. The required offers shall reflect City standard cul -de -sac
designs to the satisfaction of the City Engineer.
3. A public pedestrian and vehicle access easement shall be provided from Humbert to
Lawrence in the area of the former Victoria Ave. abandonment to the satisfaction of the
City Engineer. Said easement shall be offered to the City concurrent with or prior to final
street abandonment.
4. Development proposals for future uses at the site shall incorporate design features, such
as positioning of buildings, berming, and/or fencing to reduce direct access from the site
to the railroad tracts to discourage residents and guests from trespassing across railroad
right -of -way.
5. The Architectural Review Commission shall review design features of future
development proposals to address the interface between manufacturing and residential
land uses.
SECTION 2. Copies of the map showing the particulars of the proposed abandonment are
on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, September 19, 2006, at 7:00 p.m. in the Council Chamber of the City
Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all
persons interested in or objecting to the proposed abandonment, which time is more than fifteen
(15) days from the passage of this resolution.
n n
Resolution No. 9835 (2006 Series)
Page 3
SECTION 4. This resolution, together with the ayes and noes, shall be published once in
full at least ten (10) days before the public hearing on the proposed street rights -of -way
abandonment, in The Tribune, a newspaper published and circulated in this city.
SECTION 5. The City Engineer shall post at least three (3) notices of the proposed
abandonment in prominent locations near the portion of the street rights -of -way to be abandoned
at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of
the Streets and Highways Code.
SECTION 6. The City Engineer shall notify utility companies affected by the proposed
abandonments within ten (10) days after adoption of the Resolution of Intention in accordance
with Section 8347 of the Streets and Highways code.
On motion of Council Member Ewan, seconded by Council Member Brown, and on the
following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 15'' day of August 2006.
Mayor David F. Romero
ATTEST:
.(;Zic - zi� k'(0-1
Audrerrk
per
City C
APPR OVED AS TO FORM:
Jon P. Lowell
City Attorney
I
97 •�
- x,.88,1 Fr c
Portion of Frederick Street
to be abandoned
t
Hum rl X
851 Humbert 1.
Portion of Humbert Avenue
Ir" to be abandoned
r ;
a _
Ab- midonment of Portions of Frederick Street and Humbert Avenne
GP.,R::ABAN ER 27-16
S i 0 and S61 Hwilb ert
RESOLUTION NO. 9834 (2006 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A MITIGATED NEGATIVE DECLARATION AND
AMENDING THE LAND USE ELEMENT MAP FROM SERVICES &
MANUFACTURING TO MEDIUM -HIGH DENISTY RESIDENTIAL FOR
PROPERTY AT 851 AND 860 HUMBERT AVENUE; GP/ER 27 -06
WHEREAS, the Airport Land Use Commission has conducted a public hearing on May
17, 2006, and found the proposed General Plan Amendment to be consistent with the Airport
Land Use Plan; and
WHEREAS, the Planning Commission conducted a public hearing on June 14, 2006,
and recommended approval of the project; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August
15, 2006, pursuant to a proceeding instituted under application GP/ER 27 -06, Housing Authority
of San Luis Obispo County, applicant; and
WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration adequately addresses the potential significant environmental impacts of the proposed
project, and reflects the independent judgment of the City Council. The Council hereby adopts
said Negative Declaration and incorporates the following mitigation measures into the project:
Hazards and Hazardous Materials
1. The "Special Considerations" (S) overlay shall be applied to the sites to insure that future
development of the sites are consistent with Airport Land Use Plan safety policies and City
noise standards. To ensure that future development of 851 and 860 Humbert does not exceed
ALUP density standards and is consistent with City noise policies, the following standards
shall be apply to the Special Considerations overlay for these sites:
Resolution No. 9834 (2006 Series)
Page 2
Airport Safety
a. All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) will receive full and accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations prior
to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any
property or properties within the airport area.
b. Development of the sites shall be evaluated for consistency with the City Zoning
Regulations and Airport Land Use Safety policies, including maximum density of persons
per acre, with development not to exceed a total of 96 front doors.
c. Aviation easements will be recorded for all properties involved in the proposed
development
Monitoring Program:
Compliance with this requirement shall be monitored through the review of detailed plans
submitted for Use Permit approval as required by the "Special Considerations" overlay.
Noise
2. The "Special Considerations" (S) overlay shall be applied to the sites to insure that future
development of the sites are consistent with ALUP safety policies and City noise standards.
To ensure that future development of 851 Humbert does not exceed ALUP density standards
and is consistent with City noise policies, the following standards shall be apply to the
Special Considerations overlay for these sites:
3. The construction of future residential uses at 851 Humbert Avenue shall be accompanied by
an acoustical analysis (noise study) to ensure that interior spaces and exterior private use
areas are designed to mitigate noise impacts to levels determined acceptable by the City's
General Plan Noise Element. Specific construction details shall be identified as
recommendations in the study.
4. All owners and occupants shall receive disclosure concerning the adjacent manufacturing
uses and potential noise exposure.
Monitoring Program:
A noise disclosure shall be recorded and incorporated into the CC &R's of any future residential
development. If at any time future subdivision is requested, this disclosure shall be recorded on
the individual deeds along with the Final Subdivision Map, prior to final inspection of the
construction.
SECTION 2. Findings. That this Council, after consideration of the amendment to the
Land Use Element Map from Services and Manufacturing to Medium -High Density Residential,
C
Resolution No. 9834 (2006 Series)
Page 3
and abandonment of portions of Fredrick Street and Humbert Avenue, and considering the
Planning Commission's recommendations, staff recommendations, public testimony, and reports
thereof, makes the following findings:
1. The City Council finds and determines that the project's Mitigated Negative Declaration
adequately addresses the potential significant environmental impacts of the proposed project,
and reflects the independent judgment of the Council.
2. The proposed General Plan Amendment and Rezoning is consistent with General Plan Land
Use Element policies regarding the expansion of housing opportunities and maximizing the
development potential of infill sites. Additionally, the project is consistent with General Plan
Housing Element goals and polices which encourage facilitating housing production and land
use efficiency, including HE Policy 6.3.7 which specifically identifies this area as potentially
being appropriate for residential uses.
3. The modification of 851 and 860 Humbert Avenue from an industrial designation to a
residential designation would not adversely impact the overall supply of manufacturing
property in the area, as the proximity of the sites to residential and park uses make it
undesirable for many industrial uses.
4. The modification of 851 and 860 Humbert Avenue from an industrial designation to a
residential designation would not result in an inappropriate development on the site, as the
Special Considerations "S" overlay will insure that future residents are aware of the existing
airport, railroad, and manufacturing uses in the vicinity.
5. The modification of 851 and 860 Humbert Avenue from an industrial designation to a
residential designation would not result in an inappropriate density on the site, as the Special
Considerations "S" overlay will insure that future development of the sites is consistent with
ALUP safety policies.
6. The Special Considerations "S" overlay is appropriate at this site, as it will ensure that future
development of the sites are consistent with ALUP safety policies and City noise standards.
7. The project's Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project, and reflects the independent judgment of the
Commission.
SECTION 3. Action. The City Council does hereby adopt said mitigated Negative
Declaration and approve the request for a General Plan amendment of 851 and 860 Humbert
Avenue, as shown on attached Exhibit A, and including the standards for the "S" overlay
described above, and including the ALUP approved disclosure agreement which is included as
Exhibit B, and with incorporation of the following mitigation measure, conditions, and code
requirements:
Mitigation Measure
Resolution No. 9834 (2006 Series)
Page 4
1. To ensure development of the properties is in compliance with Airport Land Use Plan safety
provisions and the City's noise standards, the Special Considerations "S" overlay shall be
applied to the zoning designation of the properties.
2. Development proposals for future uses at the site shall incorporate design features, such as
positioning of buildings, berming, and/or fencing to reduce direct access from the site to the
railroad tracts to discourage residents and guests from trespassing across railroad right -of-
way.
3. The Architectural Review Commission shall review design features of future development
proposals to address the interface between manufacturing and residential land uses.
SECTION 4. The Community Development Director shall cause the amendment to the
General Plan Map to be reflected in documents, which are on display in City Hall and are
available for public viewing and use. Copies of the map showing the particulars of the proposed
abandonment are on file in the office of the City Clerk, at 990 Palm Street.
On motion of Council Member Ewan seconded by Council Member Brown, and on the
following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle, and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 15th day of August 2006.
. � .
�
Mayor David F. Romero
ATTEST:
Audre oper
City C
APPROVED AS TO FORM:
Jon- ari P. Lowell
City Attorney
DISCLOSURE STATEMENTS — Humbert Affordable using Project
The purpose of this disclosure is to give you information, wlch may affect your
purchase. You should independently verify the information erein.
VICINITY TO AIRPORT. Buyer and renters understands t iat the Project is in the
proximity to the San Luis Obispo County Regional Airport md that the Airport is
approximately 8,800 feet from the project. The Project is wil iin the Airport Safety Area
S-2 of the Airport Land Use Plan. The Buyer understands ft t the property may be
impacted with noise, vibration, and safety issues from the rt operations and/or by
the operations of aircraft using the airport.
OVERFLIGHT OF PROPERTY. The Buyer/Renter understands that the property is
subject to a Recorded Avigation Easement and is subject too ver flights by aircraft using
the San Luis Obispo County Regional Airport.
All owners, potential purchasers, occupants (whether as owners or renters), and potential
occupants (whether as owners or renters) regarding the prope and projects known as
the Humbert Affordable Housing Project will receive full accurate disclosure
concerning the noise, safety, or overflight impacts associated with airport operations prior
to entering any contractual obligation to purchase, lease, rent or otherwise occupy any
property or properties within the airport area. The followinginfonnation is provided to
disclose the information listed above:
1. The project is Iocated within 1.5 miles of the San Luis Ob ' County Regional
Airport. The airport is in operation 24 hours a day, every day.
2. The project is located directly below portions of FAA-d 'gnated traffic patterns that
will be followed by aircraft departing from and approach!, g to land at the San Luis
Obispo County Regional Airport. The site, therefore; may be subject to noise and
vibration from aircraft flying at relatively low altitudes at any time of the day or
night. There is no required minimum altitude for aircraft . iat are taking off from or
approaching to land at an airport.
3. Because of pilot training activities at the San Luis Obispo County Regional Airport,
the site may be subjected to repetitive overflight by studez t pilots practicing take -offs
and landings in fixed -wing aircraft.
There is no required minimum altitude for aircraft that are taking off from or
approaching to land at an airport.
4. The nearby Broad Street corridor is a designated practice 4 rea for training of
helicopter pilots. This site, therefore, may be subject to re 3etitivc overflight by
helicopters at low altitudes and to the noise and vibration -, ssociated with such
rte`
Humbert Affordable Housing erojeet, DraftDisclosure Statement
operations. Helicopters are specifically exempted from
altitude requirements.
For CC&Rs —This wotdd be included in the text
Page 2
VICINITY TO AIRPORT. The Property is in the proximitjr to the San Luis Obispo
County Regional Airport and that the Airport is approximate y 8,800 feet from the
project. The Project is within the Airport Safety Zone S -2 o ' f the Airport Land Use Plan.
The property may be impacted with noise, vibration, and sa issues from the Airport
operations and/or by the operations of aircraft using the airpc rt.
OVERFLIGHT OF PROPERTY. The entire property is s 'ect to a Recorded
Avgation Easement and is subject over flights by aircraft us' g the San Luis Obispo
County Regional Airport.
All owners, potential purchasers, occupants (whether as q
occupants (whether as owners or renters) regarding the.pri
Humbert Affordable Housing Project will receive full and
the noise, safety, or overflight impacts associated with air)
any contractual obligation,to purchase, lease, rent or other
properties within the airport area. The following informat
information listed above:
1. The project is, located within 1.5 miles of the San Luis 01;
Airport. The airport-is in operation.24 hours a day, every
2. The project is located directly below portions of FAA -des
will be followed by aircraft departing from and approachi
Obispo County Regional.Airport. The site, therefore, may
vibration from -aircraft flying at relatively low altitudes at
night. There is no required minimum altitude for aircraft t
approaching to land at an airport.
3. Because of pilot training activities at the San Luis Obi,
the site may be subj ected to repetitive overflight by stt
and landings -in fixed- wing `aircraft.
There is no required minimum altitude for aircraft that
approaching to land at an airport.
4. The nearby Broad Street corridor is a designated practice
helicopter pilots. This site, therefore, may be subject to re
helicopters at low altitudes and to the noise and vibration,
operations. Helicopters are specifically exempted from K
altitude requirements.
rs orrenters), and potential
ty and project known as the
orate disclosure concerning
operations,prior to entering
occupy any property or
is provided to disclose the
County Regional
fated traffic patterns that
to land at-the San Luis
e subject to noise and
y time of 'the day or
are taking off from or
`.ounty Regional Airport,
pilots practicing take -offs
off from or
for training of
ive overflight by
iated with such
esignated minimum
L6
RESOLUTION NO. 9833 (2006 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADJUSTING THE COMPENSATION FOR THE CITY'S CONFIDENTIAL EMPLOYEES
FOR THE PERIOD OF JANUARY 1, 2006, THROUGH DECEMBER 31, 2009
WHEREAS, the City of San Luis Obispo designates the Executive Assistant to the City
Administrative Officer, the Executive Assistant to the Director of Human Resources, the Legal
Assistant and the Human Resources Specialist as confidential employees pursuant to the
Government Code; and
WHEREAS, as such, confidential employees are precluded from collective bargaining and
therefore are not governed by a collective bargaining agreement; and
WHEREAS, the wages, hours and other terms and conditions of employment for
confidential employees are established by resolution.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby resolves as follows:
SECTION 1. The salaries of the confidential employees shall be increased and the
confidential salary ranges adjusted according to the schedule shown in Exhibit "A ".
SECTION 2. The cafeteria plan contribution for confidential employees shall be increased
to $635 per month effective December 1, 2005, $710 per month effective December 1, 2006, $790
per month effective December 1, 2007, and $870 per month effective December 1, 2008.
SECTION 3. Effective July 1, 2007, the Long Term Disability benefit shall be 66 2/3% of
the first $5,000 of monthly salary with a benefit waiting period of 30 days.
Upon motion of Vice Mayor Settle, seconded by Council Member Brown, and on the
following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice. Mayor Settle, and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15'' day of August 2006.
R 9833
Resolution No. 9833 (2006 Series)
Page 2
ATTEST:
L4 4,q ��
Audrey Hot
City Clerk
APPROVED AS TO FORM:
Jona Lowell
City Attorney
F�D
4*00� if .�/1�
Mayor David F. Romero
Exhibit A
Confidential Employees Range. Change Effective January 2006
2.% Increase
Range
Step 1
Step 2
Stop 3
Step 4
Step 5
366
1,579
1,662
1,749
1,841
1,938
368
1,628
1,713
1,803
1,898
1,998
369
1,715
1,805
1,900
2,000
2,105
370
1,744
1,836
1,932
2,034
2,141
Confidential Employees Range Change Effective Ju1y2006
2 % Increase
Range
Stop 1
Step 2
Step 3
Step 4
Stop 5
366
1,610
1,695
1,784
1,878
1,977
368
1,660
1,747
1,839
1,936
2,038
369
1,749
1,841
1,938
2,040
2,147
370
1,779
1,872
1,971
2,075
2,184
Confidential Employees Range Change Effective July 2007
5 %. Increase
Range
Step 1
Step 2
Stop 3
Step 4
Stop 5
366
1,691
1;780
1,873
1,972
2,076
368
1,743
1,835
1,931
.2,033
2,140
369
1,836
1,933
2,035
2,142
.21 254
370
1,868
1,966
2,070
2,179
2,293
Confidential Employees Range Change Effective July 2008
5 % Increase
Range
Step 1
Step 2
Step 3
Step 4
Step 5
366
1,775
1,869
1,967
2,071
2,180
368
1,830
1;927
2,028
2,135
2,247
369
1,928
2,029
2,136
2,248
2,367
370
1,961
2,064
2,173
2,287
2,408
Confidential Employees Range Change Effective July 2009
5 % Increase
Range
Stop 1
Stop 2
Step 3
Step 4
Step 5
366
1,864
1,963
2,066
2,175
2,289
36B
1,922
2,023
2,129
2,241
2,359
369
2,024
2,131
2,243
2,361
2,485
370
2,059
2,168
2,282
2,402
2,528
RESOLUTION NO. 9832 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A THREE (3) YEAR AGREEMENT WITH THE
COUNTY OF SAN LUIS OBISPO FOR ANIMAL CONTROL SERVICES
FOR FISCAL YEARS 2006 -07, 2007 -08, AND 2008 -09
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That the Agreement for Animal Control Services with the County of San
Luis Obispo for fiscal years 2006 -07, 2007 -08, and 2008 -09 has been reviewed and approved.
SECTION 2. That the Mayor is hereby authorized to enact the agreement.
Upon motion of Vice Mayor Settle, seconded by Council Member Brown,
and on the following vote:
AYES: Council Members Brown, Ewan, and Mulholand, Vice Mayor Settle, and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15`h day of August 2006.
Mayor David F. Romero
ATTEST:
(266-,u
Audrey Hoo er
City Clerk
APPROVED AS TO FORM:
Jona an P. Lowell
City Attorney
�•
I
I I
RESOLUTION NO. 9831(2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING EXPANDED PASSENGER RAIL SERVICES TO CONNECT
DOWNTOWN SAN FRANCISCO WITH DOWNTOWN LOS ANGELES
ALONG THE PACIFIC COAST RAIL CORRIDOR
WHEREAS, the City of San Luis Obispo is committed to supporting alternative forms of
transportation for its citizens; and
WHEREAS, the "Coast Daylight" will provide direct train service between the two
largest population centers in the state, and close a key gap in the rail system; and
WHEREAS, local governments, residences and businesses support the re- establishment
of State - supported intercity rail passenger services to connect northern and southern California
and provide new services to central coast cities; and
WHEREAS, new rail services will promote economic development at stations along the
route, including benefits to California's freight movement; and
WHEREAS, local planning agencies have prepared all the necessary studies to initiate
the expanded train services and it is included in California's State Rail Plan for 2007 -08; and
WHEREAS, there is strong ridership in the corridor; the train is projected to carry over
216,000 passengers in the first year, at a cost of about $7.4 million per year, and achieve a
farebox ratio over 45 %.
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo hereby requests the Governor, State legislators, and the California Department of
Transportation to fund the operation and required capital improvements to implement the Coast
Daylight Train in State Fiscal Year 2007 -08.
Upon motion of Vice Mayor Settle, seconded by Council Member Brown, and on the
following vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15th day of August 2006.
1;;1:1911
Resolution No. 9831 (2006 Series)
Page 2
ATTEST:
aC�� 4.6,
Audrey Hoope
City Clerk
APPROVED AS TO FORM:
City Attomey
D
Mayor David F. Romero
\�
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C
RESOLUTION NO. 9830 (2006 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE ISSUANCE AND SALE OF WATER REVENUE BONDS
IN THE PRINCIPAL AMOUNT OF NOT TO EXCEED $17,500,000
TO FINANCE WATER TREATMENT PLANT IMPROVEMENTS AND APPROVING
RELATED DOCUMENTS AND ACTIONS
WHEREAS, the City owns and operates a public enterprise for the supply, treatment and
distribution of water within the service area of the City (the "Water System "), and the City
wishes to provide financing for improvements to the water treatment plant of the City, consisting
generally of upgrades to allow conventional treatment of water up to the full 16.0 mad capacity
of the plant (the "Water Project "); and
WHEREAS, the City is a charter city organized and existing under the Constitution and
laws of the State of California, and as such the City is authorized to make and enforce all laws
and regulations in respect to municipal affairs under Sections 3, 5 and 7 of Article XI of the
Constitution of the State of California and under Section 203 of the Charter of the City, subject
only to such restrictions and limitations as may be provided in the Charter of the City and in the
Constitution of the State of California; and
WHEREAS, in order to provide financing for the Water Project the City wishes at
authorize the issuance and sale of 2006 Water Revenue Bonds in the aggregate principal amount
of not to exceed $17,500,000 (the "Bonds ") as an exercise of the municipal affairs powers of the
City as a charter city of the State of California, to be secured by a pledge of and lien on the net
revenues of the Water System; and
WHEREAS, the Council of the City has duly considered such transactions and wishes at
this time to approve said transactions in the public interests of the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings and Determinations. The Council hereby finds and determines
that:
(a) the City is a municipal corporation and charter city duly organized and existing under
a charter pursuant to which the City has the right and power to make and enforce all laws and
regulations in respect to municipal affairs and certain other matters in accordance with and as
more particularly provided in Sections 3, 5 and 7 of Article XI of the Constitution of the State of
California and Section 203 of the Charter of the City; and
(b) the Council, acting under the powers reserved to the City under Sections 3, 5 and 7
of Article XI of the Constitution of the State of California and Section 401 of the Charter of the
City, is authorized to adopt this Resolution for the purpose of authorizing the issuance of revenue
bonds by the City for the purpose of financing improvements to the Water System as provided
herein.
SECTION 2. Authorization of Bonds. The City Council hereby authorizes the
issuance of the Bonds in the maximum principal amount of $17,500,000, for the purpose of
Resolution No. 9830 (2006 Series)
Page 2
providing funds to finance the Water Project. The Bonds shall be revenue bonds that are payable
from and secured by a pledge of and lien on the net revenues of the Water System. The Bonds
are authorized to be issued under the powers reserved to the City under Sections 3, 5 and 7 of
Article M of the Constitution of the State of California and under Section 203 of the Charter of
the City.
SECTION 3. Approval of Financing Documents. The Bonds shall be issued under an
Indenture of Trust dated as of September 1, 2006, between the City and U.S. Bank National
Association, as trustee, which is hereby approved in substantially the form on file with the City
Clerk together with any changes therein or additions thereto deemed advisable by the Director of
Finance & Information Technology ( "Director "), whose execution thereof shall be conclusive
evidence of the approval of any such changes or additions. The Director is hereby authorized and
directed to execute, and the City Clerk is hereby authorized and directed to attest and affix the
seal of the City to, the final form of the Indenture of Trust on behalf of the City.
SECTION 4. Competitive Sale of Bonds. The Council hereby authorizes and directs
the competitive sale of the Bonds in accordance with the Notice of Sale in substantially the form
on file with the City Clerk together with any changes therein or additions thereto deemed
advisable by the Director. The Director is hereby authorized and directed to accept the best bid
for the sale of the Bonds, as determined in accordance with the Notice of Sale.
SECTION 5. Publication of Notice. Pursuant to Section 53692 of the Government
Code, Jones Hall, as bond counsel to the City, is hereby authorized and directed to cause a Notice
of Intention to Sell Bonds, in form and substance acceptable to said firm, to be published once in
The Bond Buyer not later than 5 days prior to the date set for receipt of bids on the Bond's.
SECTION 6. Official Statement. The Council hereby approves and deems nearly final
within the meaning of Rule 15c2 -12 of the Securities Exchange Act of 1934, the preliminary
Official Statement describing the Bonds in the form on file with the City Clerk. The City
Administrative Officer or Director (each, an "Authorized Officer ") is individually authorized, at
the request of the purchaser of the Bonds, to execute an appropriate certificate affirming the
Council's determination that the preliminary Official Statement has been deemed nearly final
within the meaning of such Rule. Distribution of the preliminary Official Statement by the
purchaser of the Bonds is hereby approved. An Authorized Officer is hereby authorized and
directed to approve any changes in or additions to a final form of said Official Statement, and the
execution thereof by an Authorized Officer shall be conclusive evidence of approval of any such
changes and additions. The Council hereby authorizes the distribution of the final Official
Statement by the purchaser of the Bonds. The final Official Statement shall be executed in the
name and on behalf of the City by an Authorized Officer.
SECTION 7. Authorization to Obtain Municipal Bond Insurance. The Council
hereby authorizes the Director to determine whether the Bonds are eligible for municipal bond
insurance and, if so, whether it is in the best interests of the City to obtain such insurance. If the
Director determines that it is in the best interests of the City to obtain municipal bond insurance,
the Director is authorized to determine which municipal bond insurer offers the most favorable
terms and conditions, to execute a commitment for such insurance and to take all actions required
to implement the delivery of such policy.
J
Resolution No. 9830 (2006 Series)
Page 3
SECTION 8. Official Actions. The City Administrative Officer, the Director, the City
Clerk, the City Attorney and all other officers of the City are each authorized and directed in the
name and on behalf of the City to make any and all assignments, certificates, requisitions,
agreements, notices, consents, instruments of conveyance, warrants and other documents, which
they or any of them might deem necessary or appropriate in order to consummate any of the
transactions contemplated by the documents approved pursuant to this Resolution. Whenever in
this resolution any officer of the City is authorized to execute or countersign any document or
take any action, such execution, countersigning or action may be taken on behalf of such officer
by any person designated by such officer to act on his or her behalf in the case such officer shall
be absent or unavailable.
SECTION 9. Effective Date. This resolution shall take effect from and after the date of
approval and adoption thereof.
On motion of Vice Mayor Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15` day of August 2006.
Mayor David F. Romero
ATTEST:
Audrey HO
per
City Cler
APPROVED AS TO FORM:
J an P. Lowell
City Attorney
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RESOLUTION NO. 9829 (2006 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A
TENTATIVE TRACT MAP AND NEGATIVE DECLARATION OF ENVIRONMENTAL
IMPACT FOR A TEN -UNIT CONDOMINIUM DEVELOPMENT LOCATED AT 153
STENNER.STREET (TR/ER 1 -06)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on June 28, 2006 pursuant to an application filed by Ocean Ridge Development
Group, LLC., property owners, and recommended approval of the subdivision map to the City
Council; and
WHEREAS, the City Council of the City of San Luis Obispo has considered testimony
of the applicant, interested parties, and evaluation and recommendations by staff, and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact as prepared by staff;
BE IT RESOLVED, by the City Council of San Luis Obispo as follows:
SECTION 1. Findings.
1. The proposed tentative tract map is consistent with the General Plan because the subdivision
will provide for residential development consistent with the Medium -High Density
Residential Zone.
2. As conditioned, the design and improvement of the proposed subdivision is consistent with
the General Plan because each dwelling has access to a compact, private open space area and
adequate common open space and recreation areas, and the development will occur as part of
the neighborhood pattern anticipated for the medium -high density residential zone.
3. The site is physically suited for the proposed type of development because it is an under-
developed site that is adjacent to an existing street right -of -way.
4. As conditioned, the site is physically suitable for the proposed density of development
because the site is within an existing City block, services are available to serve the
development, and utilities have been designed to serve the site per City standards.
5. The design of the subdivision, or the type of improvements, is not likely to cause substantial
environmental damage or substantially and unavoidably injure fish or wildlife or their habitat
because the site does not have any creeks or other potentially significant habitat areas for fish
Resolution No. 9829 (2006 Series)
Page 2
or wildlife.
6. The design of the subdivision, or type of improvements, is not likely to cause serious public
health problems because the type of improvements are residential and development will be
designed to meet existing building and safety codes.
7. The design of the subdivision, or the type of improvements, will not conflict with easements,
acquired by the public at large, for access through or use of, property within the proposed
subdivision because no such easements exist.
8. A Negative Declaration was prepared by the Community Development Department on June
20, 2006, and found to be adequate by the Planning Commission on June 28, 2006. The City
Council finds and determines that the project's Negative Declaration adequately identifies
that there is no foreseeable potential for significant environmental impacts by the proposed
project.
SECTION 2. Action.
The Council hereby approves the tentative tract map for a ten -unit residential condominium
development and adoption of said Negative Declaration (TR/ER 1 -06), with incorporation of the
following project conditions and code requirements:
Conditions:
The project shall be forwarded to the Architectural Review Commission to review the project
design for consistency with the Community Design Guidelines following approval of the
Common Interest Subdivision by the City Council. Their review shall include approval of the
final location and design of the necessary trash enclosure(s) and consistency with property
development standards.
2. Applicant shall pay the Inclusionary Housing in -lieu fee prior to issuance of building permits.
3. The final map shall indicate common and private open space yards and the CC &Rs shall
describe maintenance of all common areas.
4. Long term bicycle storage shall be supplied for each unit, to the approval of the Community
Development Director.
5. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map, consistent
with SLO Municipal Code Section 16.40.080.
6. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and/or its agents, officers and employees from any claim, action
or proceeding against the City and/or its agents, officers or employees to attack, set aside,
void or annul, the approval by the City of this subdivision, and all actions relating thereto,
including but not limited to environmental review.
1 1 I
Resolution No. 9829 (2006 Series)
Page 3
7. Subdivider shall prepare conditions, covenants, and restrictions (CC &Rs) to be approved by
the Community Development Director and City Attorney prior to final map approval.
CC &Rs shall contain the following provisions:
a. Creation of a homeowners' association to enforce the CC &Rs and provide for
professional, perpetual maintenance of all common areas including private driveways,
drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting, and
landscaping.
b. Grant to the City the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners' association for expenses incurred, and
the right of the City to inspect the site at mutually agreed times to assure conditions of
CC &Rs and final map are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked
in unauthorized places.
e. No outdoor storage of boats, campers, motorhomes, trailers nor long -term storage of
inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City- required provisions of the CC &Rs without prior City Council
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of
the association.
i. Provision of appropriate "no parking" signs and red - curbing along interior roadways
as required by the City Fire Department.
j. CC &Rs shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
k. All garages must be available for parking a vehicle at all times, to be enforced by the
homeowners association and the City.
1. No change in City- required provisions for trash collection without prior Community
Development Director approval.
m. No rooms other than those designated as bedrooms may be used as sleeping rooms.
Code requirements:
Resolution No. 9829 (2006 Series)
Page 4
The following code requirements are included for information purposes only. They serve to give the applicant a
general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as
other requirements may be identified during the plan check process.
Public Works
1. The map shall be recorded prior to building permit issuance in accordance with the City's
subdivision regulations and the Subdivision Map Act.
2. Public improvements required as a condition, code requirement, or mitigation measure may
be shown on a separate plan and approved prior to building permit issuance. Said
improvements may be completed or a bond posted for their completion to allow for
recordation of the map prior to the completing of all required and/or proposed improvements.
3. The required improvements may be processed as required for tract maps or may be processed
under an encroachment permit at the discretion of the City Engineer. If an encroachment
permit is used to complete all improvements, then a separate plan review fee shall be
established based on the requirements for subdivisions. Depending on the proposed timing
for map recordation and building permit issuance, a completion guarantee may be required
per city standards.
4. The provisions of Section 16.20.220 of the Subdivision Regulations are applicable to any
public improvements and generally those improvements that may have a direct impact on
public improvements as determined by the City Engineer.
5. Traffic impact fees shall be paid for this development prior to building permit issuance.
Credit for removal of the existing buildings will be applied based on the use of the existing
development. Credit will only be applied to permanent, lawfully existing structures.
6. An encroachment permit will be required from the Public Works Department for any work or
construction staging in the public right -of -way.
7. Any easements including but not limited to provisions for all public and private utilities,
access, drainage, common driveways, and maintenance of the same shall be shown on the
final map or recorded separately prior to map recordation if applicable.
8. All wire utilities to the new units shall be underground.
9. Underground electrical service may be provided from the existing overhead system provided
at the rear of the property. The owner /applicant shall secure any necessary easements
required to extend services to this development.
10. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be
repaired or replaced to the satisfaction of the Public Works Director prior to recordation of
the map.
11. The existing street pavement shall be maintained in good repair during construction. The
Resolution No. 9829 (2006 Series)
o
Page 5
final pavement condition shall be evaluated at the completion of the project for excessive
wear or damage resulting from construction operations. Pavement repairs and a slurry seal
may be required per City standards if determined as being necessary by the City Engineer.
12. The existing curb grades shall be verified as being consistent with the approved.street grades.
If it is determined that the curb and gutter has settled to unacceptable limits, then they shall
be restored to curb and gutter elevations approved by the City Engineer. Any new curb grade
plans shall be prepared by a licensed engineer and shall be the responsibility of the
owner /developer.
13. The subdivider shall dedicate a 6' (2m) wide public utility easement and a 10' (3m) wide
street tree easement across the frontage of each lot. Said easements shall be'adjacent to and
contiguous with all public right -of -way lines bordering each lot.
14. A private sewer mainline may be proposed in -lieu of separate sewer laterals for each unit. If
proposed or required by the Utilities Director, the on -site sewer main shall be privately
owned and maintained by the Homeowners Association.
15. A maintenance agreement for the sewer, paving, landscape improvements, and any other
common improvements shall be recorded prior to or concurrent with the map recordation.
16. The parking lot design shall comply with the Parking and Driveway Standards and
Engineering Standard Section 2010.E.7. All parking spaces must be designed so that
vehicles can enter in one maneuver. Furthermore, all spaces shall be designed so that
vehicles can exit to the adjoining street in a forward direction in no more than two
maneuvers.
17. The demolition of the existing building shall comply with all local, state, and federal
requirements for the demolition of structures.
18. A preliminary soils' report is required in accordance with the Subdivision Map Act and the
City of San Luis Obispo Subdivision Regulations. The report is required at the time of
tentative map submittal or if approved may be deferred to map recordation. The report shall
be referenced on the final map in accordance with the City's Subdivision Regulations and the
Subdivision Map Act.
19. This project shall comply with the requirements for engineered grading in accordance with
the grading ordinance. The grading, drainage, and erosion control plans shall be prepared by
a licensed civil engineer.
20. The building plan submittal shall include a complete grading, drainage and topo plan. The
grading plan shall show existing structures and grades located within 15' of the property lines
in accordance with the grading ordinance. The plan shall consider historic offsite drainage
tributary to this property that may need to be conveyed along with the improved on -site
drainage. This development will alter and/or increase the storm water runoff from this site.
The improved or altered drainage shall be directed to the street and not across adjoining
property lines unless the drainage is conveyed within recorded easements or existing
waterways.
Resolution No. 9829 (2006 Series)
Page 6
21. The grading and drainage plan shall show the existing and proposed contours and/or spot
elevations to clearly depict the proposed grading and drainage. Show and label the high point
elevation or grade break at the yard areas, drainage arrows, and spot elevations to show
positive drainage away from the building pads and foundations to an approved point of
disposal. The plan shall include the finish floor of the units, finish grade elevations, finish
surface elevations, and parking lot drainage.
22. The building plan submittal shall include an erosion control plan and erosion control notes in
accordance with the Waterway Management Plan Drainage Design Manual and to the
satisfaction of the Building Official and Public Works Director. Erosion control measures
shall be implemented and maintained for construction occurring between October 15 and
April 15.
23. One 15- gallon street tree is required for each 35 lineal feet of frontage. A portion or all the
required street trees shall be planted in the parkway per city engineering standards #8010 and
#8230 prior to recordation of the map. The remaining street trees shall be planted within the
street tree easement area. The final mix of species and tree locations shall be approved to the
satisfaction of the City Engineer and City Arborist.
24. The proposed street trees and any parkway landscaping shall be installed and maintained by
the Home Owners Association. The final planting plan for the parkway and onsite landscape
areas shall consider the required line -of -sight distances for vehicles exiting onto Sandercock.
Mapping and Misc. Requirements
25. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be
tied to the City's Horizontal Control Network. At least two control points shall be used and a
tabulation of the coordinates shall be submitted with the final map or parcel map. All
coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
26. The parcel map /final map preparation and monumentation shall be in accordance with the
City's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The
parcel map may use Customary U.S. Units or the International System of Units (metric
system). All record data shall be entered on the map in the record units, metric translations
should be in parenthesis if applicable.
Grading & Drainage
27.. In order to mitigate for a decrease in water quality, the stormwater runoff from all improved
areas of the development site, except rooftops, shall be treated in accordance with the Best
Management Practices published in the California Stormwater Quality Association's Best
Management Practice Handbook, January 2003. For the purposes of water quality design, all
water quality BMPs shall be designed to treat runoff from a 25 mm/24 -Hour storm event.
&
Resolution No. 9829 (2006 Series)
Page 7
28. Prior to the approval of public improvement plans, the subdivider shall submit an updated
report based on the final design in accordance with the City's Waterways Management Plan
Drainage Design Manual
Water, Sewer & Utilities
29. All water and sewer facilities shall be designed and constructed in accordance with the City's
Engineering Standards and Standard Specifications. City Standards require water meters to
be located within the public right -of -way, in the sidewalk or parkway area just behind the
curb (refer to City Standards 6010, 6110, 6140, 6210, and 6260). Water meters in parkway
areas shall have a concrete apron between and around the meter boxes, as required by the
standards.
30. Water meters shall be manifolded in logical groups to the extent feasible, in order to
minimize the number of service laterals and taps on the public water mains. Up to four 1"
water meters can be installed on a single 2" water service lateral.
On motion by Council Member Brown, seconded by Vice Mayor Settle, and on the
following roll call vote:
AYES: Council Members' Brown, Ewan, Mulholland, and Vice Mayor Settle,
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 151 day of August 2006.
Mayor David F. Romero
ATTEST:
� � "
Audrey Hoer
City Clerk
APPROVED AS TO FORM:
an P. Lowell
City Attorney
t�y,j �j '>
RESOLUTION NO. 9828 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO APPROVING A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND TENATIVE
TRACT MAP TO CREATE 6 AIRSPACE RESIDENTIAL
CONDOMINIUMS LOCATED AT
499 NORTH CHORRO STREET
(TR/ER 207 -05)
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on June 28, 2006, and recommended approval of Application TR/ER 207 -05, a
request to create 6 airspace residential condominiums; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August 1,
2006, for the purpose of considering Application TR/ER 207 -05; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. The design of the tentative tract map is consistent with the General Plan because the project
proposes 6 attached residential units within a 3 -story building, will incrementally add to the
City's High- Density Residential housing inventory, respects existing site constraints,
provides separate paths for vehicles and pedestrians and is consistent with the scale and
character of surrounding developments.
2. The site is physically suited for the proposed type of development allowed because it is
adjacent to existing street right -of -ways with complete City services.
3. The design of the subdivision will not conflict with easements for access through (or use of
property within) the proposed subdivision since all adjacent properties are accessed
independently.
4. The design of the tentative tract map and proposed improvements are not likely to cause
Resolution No. 9828 (2006 Series)
Page 2
serious health problems, substantial environmental damage or substantially and unavoidably
injure fish or wildlife or their habitat because the site does not have any creeks or other
potentially significant habitat areas for fish and wildlife, is surrounded by urban development
and has already been developed with a single - family residence.
5. A Mitigated Negative Declaration was prepared by the Community Development
Department on June 13, 2006. The City Council finds and determines that the project's
Mitigated Negative Declaration adequately addresses the potential significant environmental
impacts of the proposed project.
SECTION 2. Environmental Review. The City Council finds and determines that the
project's . Mitigated Negative Declaration adequately addresses the potential significant
environmental impacts of the proposed project, and reflects the independent judgment of the City
Council. The Council hereby adopts said Mitigated Negative Declaration and incorporates the
following mitigation measures and monitoring programs into the project:
Mitigation Measures:
Air Quality
The following mitigation measures will adequately control dust and minimize potential
violations for the project. All of these PM mitigation measures must be included on grading
and building plans. In addition, the contractor or builder shall designate a person or persons
to monitor the dust control program and to order increased watering, as necessary, to prevent
transport of dust off site. Their duties shall include holidays and weekend periods when
work may not be in progress. The name and telephone of such persons shall be provided to
the APCD prior to land use clearance for map recordation and grading.
(A) Reduce the amount of the disturbed area where possible.
(B) Use water truck or sprinkler systems in sufficient quantities to prevent airborne dust from
leaving the site. Increased watering frequency whenever wind speeds exceed 15 mph.
Reclaimed (non - potable) water shall be used whenever possible.
(C) All dirt stock -pile areas should be sprayed daily as needed.
(D)Permanent dust control measures identified in the approved project revegetation and
landscape plans shall be implemented as soon as possible following completion of any
soil disturbing activities.
(E) All disturbed soil areas not subject to revegetation shall be stabilized using approved
chemical soil binders, jute netting, or other methods approved in advance by the APCD.
(F) Vehicle speed for all vehicles shall not exceed 15 mph on any unpaved surface at the site.
(G)In the event that the excavation of materials will take place in close proximity of asphalt,
street sweepers shall be used at the end of each day if soil material is carried onto
adjacent paved roads.
(I) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should
maintain at least two feet of freeboard (minimum vertical distance between top of load
and top of trailer) in accordance with CVC section 23114.
Resolution No. 9828 (2006 Series)
Page 3
(I) Exposed ground areas that are planned to be reworked at dates greater than one month
after initial grading should be sown with a fast - germinating native grass seed and watered
until vegetation is established.
(J) Plant shade trees along southern exposures of buildings to reduce summer cooling needs
as well as planting trees on both sides of the roads to reduce the reflective radiating heat
of asphalt roads.
(K)Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash
off trucks and equipment leaving the site.
(L) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved
roads. Water sweepers with reclaimed water should be used where feasible.
2. Under the State Air Resources Board Air Toxics Control Measure (ATCM) for
Construction, Grading, Quarrying, and Surface Mining Operations, the applicant must
comply with the following dust mitigation measures outlined in the Asbestos ATCM for
Construction, Grading, Quarrying, and Surface Mining Operations. All of these Asbestos
mitigation measures must be included on grading and building plans. The APCD monitors
State air quality requirements and will be routed plans that are submitted for building
permits for the project to insure compliance with all standards and requirements. APCD
also responds in the field during construction on a complaint basis.
(A) Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour
or less;
(B) Prior to any ground disturbance, sufficient water must be applied to the area to be
disturbed to prevent visible emissions from crossing the property line;
(C) Areas to be graded or excavated must be kept adequately wetted to prevent visible
emissions from crossing the property line;
(D) Storage piles must be kept adequately wetted, treated with a chemical dust suppressant,
or covered when material is not being added to or removed from the pile;
(E) Equipment must be washed down before moving from the property onto a paved public
road; and
(F) Visible track -out on the paved public road must be cleaned using wet sweeping or a
HEPA filter equipped vacuum device within twenty -four (24) hours.
➢ Monitoring Program: Construction phase air quality mitigation measures are monitored by
the Air Pollution Control District (APCD), through a complaint based enforcement system.
The requirements listed above are noted on the project plans and the City Building Inspector
and Public Works Inspector for the project are instructed to contact APCD in the event of a
probable violation. Members of the public can also call APCD if they are concerned about
dust or other emissions from a construction site.
Geology and Soils
3. Building plans and specifications for site redevelopment shall incorporate all
recommendations included in the Soils Engineering Report prepared by GeoSolutions, Inc.
Resolution No. 9828 (2006 Series)
Page 4
for the project dated September 9, 2005, subject to the approval of the Chief Building
Official.
i Monitoring Program: Building permits are required for all proposed grading activities and
construction of on -site improvements. These building permits will be evaluated for
compliance with the recommendations of the soils report by Community Development
Department staff.
Noise
4. Building plans and specifications for site redevelopment shall incorporate all
recommendations included in the acoustical analysis prepared by 45dB.com for the project
dated March 20, 2006, to ensure the project complies with standards contained in the City's
General Plan Noise Element, subject to the approval of the Chief Building Official.
➢ Monitoring Program: Building permits are required for the construction of the 6 -unit
residential condominium project. These building permits will be evaluated for compliance
with the recommendations of the acoustical analysis by Community Development
Department staff.
SECTION 3. Action. The City Council does hereby approve Application TR/ER 207 -05
with incorporation of the following conditions and code requirements into the project:
Conditions:
1. All project conditions associated with the architectural approval of the project as approved by
the Architectural Review Commission on June 5, 2006, shall be incorporated herein as
conditions of approval.
2. The demolition of the existing building triggers the Utilities Department Sewer Lateral
Abandonment Policy. This policy states that the sewer lateral must be abandoned at the main
prior to demolition unless the lateral is intended for reuse and it passes a video inspection. If
the sewer lateral is intended for reuse, the owner shall submit a VHS videotape documenting
the internal condition of the pipe to the Utilities Department for approval.
3. The landscape shall be designed for water efficiency in accordance with Chapter 13.20 of the
Municipal Code. The landscaping and irrigation system shall be designed to minimize
overspray and irrigation runoff.
4. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify
and hold harmless the City and/or its agents, officers and employees from any claim, action
or proceeding against the City and/or its agents, officers or employees to attack, set aside,
void or annul, the approval by the City of this subdivision, and all actions relating thereto,
including but not limited to environmental review.
C
Resolution No. 9828 (2006 Series)
Page 5
5. Subdivider shall prepare conditions, covenants, and restrictions (CC &Rs) to be approved by
the Community Development Director and City Attorney prior to final map approval.
CC &Rs shall contain the following provisions:
a. Creation of a homeowners' association to enforce the CC &Rs and provide for
professional, perpetual maintenance of all common areas including private driveways,
drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting, and
landscaping.
b. Grant to the City the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners' association for expenses incurred, and
the right of the City to inspect the site at mutually agreed times to assure conditions of
CC &Rs and final map are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked
in unauthorized places.
e. No outdoor storage of boats, campers, motorhomes, trailers nor long -term storage of
inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City- required provisions of the CC &Rs without prior City Council
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of
the association.
i. Provision of appropriate "no parking" signs and red - curbing along interior roadways
as required by the City Fire Department.
j. CC &Rs shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
k. All garages must be available for parking of vehicles at all times, to be enforced by
the homeowners association and the City.
Code Requirements:
1. The applicant shall satisfy the project's Inclusionary Housing requirement prior to the
issuance of a building permit.
2. A public improvement plan, prepared by a registered civil engineer, shall be submitted to the
Public Works Director for review and approval. Improvement plans shall include a complete
grading, erosion control and drainage plan and appropriate calculations for the entire site in
compliance with all applicable sections of the Waterway Management Plan Drainage Design
Manual and City Engineering Standards. The grading plan shall include existing and
proposed contours to clearly depict the proposed grading and drainage for this development:
All grades, layout, staking and cut - sheets necessary for the construction of street paving and
frontage improvements shall be the responsibility of the subdivider.
Resolution No. 9828 (2006 Series)
Page 6
3. The subdivider shall dedicate a 6' (2m) wide public utility easement and a 10' (3m) wide
street tree easement across the tract frontage. Said easements shall be adjacent to and
contiguous with all public right -of -way lines along the North Chorro and Ferrini frontages.
4. Any building permits issued for work required to satisfy the conditions of the subdivision
shall receive final inspection approvals or shall have substantially completed all work to the
satisfaction of the Building Official prior to recordation of the map.
5. The final map shall include any required public or private easements as required for the
proposed development of the tract. Easements may include, but are not limited to, grading,
drainage, water, sewer, storm drainage, access, vehicle turn - around, and utilities. Any
CC &Rs, maintenance or common driveway agreements shall be completed and recorded
concurrent with final map approval.
6. The extinguishment or quitclaim of any existing easements shall be clearly identified on the
final map or shall be completed separately prior to map recordation if applicable.
7. Complete street improvements shall be constructed in accordance with the most current City
regulations, City of San Luis Obispo Engineering Standards and Standard Specifications.
Existing improvements shall be repaired, replaced or upgrade per City standards to the
satisfaction of the Public Works Director, prior to the recordation of the final map.
8. The subdivider shall install street lighting and all associated facilities including but not
limited to conduits, sidewalk vaults, fusing, wiring, and luminaries per City standards if
determined necessary and/or beneficial by the City Engineer. Off -site street lighting
improvements, alterations, or upgrades may be required along roadways leading to and from
the proposed development to complete the necessary public improvements.
9. The subdivider shall place underground, all existing overhead utilities along the public street
frontage(s) where determined to be beneficial and feasible to the .satisfaction of the Public
Works Director. The applicant may explore the option of moving the existing overhead
facilities to the existing parallel utility poles if feasible within the standards of the supplying
utilities. All new wire utilities serving the proposed dwelling units shall be underground.
10. The CC &R for the project shall require that the homeowners association or acceptable
maintenance organization submit, to the City of San Luis Obispo Public Works Department,
a detailed report prepared by a licensed Civil Engineer addressing the condition of all private
stormwater facilities and any necessary maintenance activities on a semi -annual basis (April
30 and October 1 of each year). The CC &R for the project shall also include detailed
procedures for maintenance and operations of any storm water facilities, common sewer
lateral and green waste recycling.
11. The subdivider shall submit a final map to the city for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a licensed land surveyor or
n
Resolution No. 9828 (2006 Series)
Page 7
registered civil engineer authorized to practice land surveying. The final map shall be
prepared in accordance with the Subdivision Map Act and the Subdivision Regulations.
12. The two exterior corners of the subdivision shall be tied to at least two points of the City's
horizontal control network (these tie lines shall be shown on the final map), California State
Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the North American Datum
of 1983 also referred to as "NAD 83" - meters) for direct import into the Geographic
Information System (GIS) database. Submit this data either via email, CD or a 3 -1/2" floppy
disc containing the appropriate data for use with AutoCAD, version 2000 or earlier (model
space in real world coordinates, NAD 83 -. m).
13. Electronic files and stamped and signed drawings shall be submitted for all public
improvement plans prior to map recordation or commencing with improvements, whichever
occurs first. Submittal documents shall include the electronic drawing files (.dwg) and any
associated plot files.
14. Prior to acceptance by the City of public improvements, the subdivider's engineer shall
submit a digital version of all public improvement plans and record drawings, compatible
with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS)
purposes, to the satisfaction of the Public Works Director.
15. Since the proposed project results in additional demand on the City's water supplies, the
project must comply with the City's Water Allocation Regulations, which can be found in the
Water and Wastewater Element of the City's General Plan. The City currently has water to
allocate, and does so on a "first -come, first- served" basis. Water is allocated at the time
building permits are issued and the Water Impact Fee is paid. Both the Water and the
Wastewater Impact Fees are charged on a per residential unit basis, with appropriate credit
given for any prior accounts on the property.
16. The gravity sewer in Ferrini Road shall be extended beyond the adjacent parcel to a point
where the lateral from the proposed development can tie in without running down the sliver
of property along Ferrini Road.
17. By ordinance, the applicant is required to prepare a recycling plan for approval by the City
to address the recycling of construction waste for projects valued at over $50,000 or
demolition of structures over 1000 square feet. The recycling plan shall be submitted to the
Building Department with the building plans. The City's Solid Waste Coordinator can
provide some guidance in the preparation of an appropriate recycling plan.
18. One street tree is required per 35 lineal feet of street frontage or any part thereof. Trees shall
be planted to City specifications.
19. All elevations must be based on a City Bench Mark and noted per City datum elevations.
The plans shall note the benchmark number,. location and elevation. Include a clear
Resolution No. 9828 (2006 Series)
Page 8
description of the benchmark referenced on the plans. Clarify whether the NGVD 29 or
NAVD 88 datum is being used.
20. The preliminary soils report prepared by GeoSolutions with Report No. SLO5022 -1, dated
September 9, 2005 shall be referenced on the final map in accordance with the City's
Subdivision Regulations.
21. The subdivision improvements and/or building plans shall include provisions to minimize
the amount of any collected groundwater seepage that would be directed to the gutter at the
public street.
22. The final map preparation and monumentation shall be in accordance with the city's
Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The final
map may use Customary U.S. Units or the International System of Units (metric system). All
record data shall be entered on the map in the record units, metric translations should be in
parenthesis if applicable.
23. The public improvement plans and specifications shall include the use of the International
System of Units (metric system) where applicable. Customary U.S. Units (English units)
may be used as the primary unit as long as dual units are provided in accordance with the
current Engineering Standards.
On motion of Council Member Brown, seconded by Vice Mayor Settle, and on the
following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this I" day of August, 2006.
Resolution No. 9828 (2006 Series)
Page 9
ATTEST:
Audrey HooA
City Clerk 1
APPROVED AS TO FORM:
Jonath well
City Attorney
0
Mayor David F. Romero
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RESOLUTION NO. 9827 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO UPHOLDING AN APPEAL AND DENYING A HIGH -
OCCUPANCY RESIDENTIAL USE PERMIT FOR PROPERTY
LOCATED ON 520 GRAND STREET; APPLICATION NO. A 16-06
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on May 24, 2006, for the purpose of considering an application for a High Occupancy
Residential Use Permit, Application No. A 16 -06, a request to allow occupancy of a single -
family residence by eight adults; and
WHEREAS, The Planning Commission approved the Use Permit to allow 8 adults to
reside at 520 Grand Ave, based on findings and subject to conditions; and
WHEREAS, An appeal of the Planning Commission's action was received by the City
on June 5, 2006; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the appellant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
Section 1. Denial. The request to allow occupancy of a single - family residence by eight
adults is hereby denied, based on the following findings:
The proposed use is not consistent with the purpose of the R -1 zone, as stated in the Zoning
Regulations (SLOMC Section 17.24.010), because of the proposed occupancy level and the
changes to the site to accommodate this occupancy, such as the installation of a large parking
lot, are inconsistent with the surrounding neighborhood development pattern.
2. The proposed use is not consistent with General Plan Land Use Element and Housing
Element policies that are intended to create quality living environments since outdoor yard
space is very minimal, and indoor living areas are significantly compromised by ambient
noise.
3. The proposed use requires improvements to the property that are not consistent with the
development pattern found in the surrounding neighborhood, therefore the use is inconsistent
with General Plan Land Use Element policies 2.2. 10 and 2.2.12 and Housing Element Policies
3.2.6 and 7.2.1.
3. The proposed use is detrimental to the health, safety and welfare of residents living on site and
in the vicinity since the project site is exposed to excessive traffic noise and the project site
has a history of violations associated with misconduct. Adding additional density to this
R 9827
C ,J
Resolution No. 9827 (2006 Series)
Page 2
property is likely to exacerbate these issues.
4. The proposed parking configuration does not comply with the City's Parking and Driveway
standards.
On motion of Vice Mayor Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Settle,
and Mayor Romero
NOES: None
ABSENURECUSED: Council Member Ewan
The foregoing resolution was passed and adopted this 15tday of August 2006.
.�0,44;547
Mayor David F. Romero
ATTEST:
Audrey Hoo V 0
City Clerk
APPROVED AS TO FORM:
City Attorney
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RESOLUTION NO. 9826 (2006 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE FILING OF THE 2006 -07 FEDERAL CAPITAL AND
OPERATING ASSISTANCE GRANT APPLICATION WITH THE FEDERAL TRANSIT
ADMINISTRATION
WHEREAS, the Federal Transit Administration has been delegated authority to award
federal financial assistance for a transportation project; and
WHEREAS, a grant of federal assistance will impose certain obligations upon the City of
San Luis Obispo and may require the City of San Luis Obispo provide the local share of project
costs; and
WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and
assurances to the Federal Transit Administration required for the project; and
WHEREAS, a grant of federal assistance will impose certain obligations upon the San Luis
Obispo Regional Transit Authority and may require the San Luis Obispo Regional Transit
Authority provide the local share of project costs; and
WHEREAS, the San Luis Obispo Regional Transit Authority has or will provide all annual
certifications and assurances to the Federal Transit Administration required for the project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City of San Luis Obispo and San Luis Obispo Regional Transit Authority
are eligible recipients as defined by 49 U.S.C. 5307, 5336j, and 5340.
SECTION 2. The Public Works Director is authorized to execute and file an application for
federal assistance on behalf of the City of San Luis Obispo with the Federal Transit
Administration for federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States
Code and other federal statutes authorizing a project administered by the Federal Transit
Administration.
SECTION 3. The Public Works Director is authorized to execute and file with the
application the annual certifications, assurances, and other documents the Federal Transit
Administration requires before awarding a federal assistance grant.
SECTION 4. The Public Works Director is authorized to execute grant agreements with the
Federal Transit Administration on behalf of the City of San Luis Obispo in Exhibit A.
R 9826
Resolution No. 9826 (2006 Series)
Page 2
Upon motion of Mayor Romero, seconded by Council Member Brown, and on the following
roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle, and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 1't day of August 2006.
Mayor David F. Romero
ATTEST:
C"4'
Audrey Ho 4r
City Clerk
APPROVED AS TO FORM:
Jo athan . well
City ttomey
Resolution No. 9826 (2006 Series)
Page 3
FEDERAL TRANSIT ADMINISTRATION
GRANT APPLICATION
FOR
SLO TRANSIT
PROGRAM OF PROJECTS
FOR FISCAL YEAR 2006 -2007
The City of San Luis Obispo will be conducting a public hearing to receive comments on the
Draft Program of Projects on August 1, 2006 at 7:00 p.m. in Council Chambers, 990 Palm Street,
San Luis Obispo. The below Draft Program of Projects will become the final program unless
modified`.
Federal Apportionments:
For 2006 -2007
Carryover from previous year
Available to Program
Project
Operating Assistance 7/1/06 to 6/30/07
Bus Replacement
Capital Cost of Contracting
Particulate Trap Retrofit
Short Range Transit Plan Update
Replacement Runabout Vehicles
Total Project Cost
Federal Share
City of San Luis Obispo
San Luis Obispo Regional Transit Authority
Local Share
City of San Luis Obispo
San Luis Obispo Regional Transit Authority
$1,301,700
351,600
$1,653,300
Transit
Federal
Total
Operator
Amount
Amount
SLO City
$353,000
$2,060,000
SLO City
906,400
1,133,000
SLO City
120,000
150,000
SLO City
127,000
158,750
SLO City
40,000
50,000
SLORTA
105,600
132,000
$3,683,750
$1,652,000
1,546,400
105,600
$2,031,750
2,005,350
26,400
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RESOLUTION NO.9825 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO
PROTECT CALIFORNIA STATE PARK LANDS
WHEREAS, California's first state park was established in 1864 with land granted by
President Abraham Lincoln, and the California state parks system was created in 1927 "to
preserve outstanding natural, scenic, and cultural values, indigenous aquatic and terrestrial fauna
and flora, and the most significant examples of ecological regions of California;"
WHEREAS, from ancient redwoods to desert buttes, from Southern California's iconic
beaches to the opulence of Hearst Castle, the California state parks system contains a diverse
collection of historical, environmental and recreational resources second to none in the nation;
WHEREAS, California state parks are the crown jewels of the state, designated for the
benefit of all of California residents in order to improve our lives by providing healthy outdoor
and educational experiences;
WHEREAS, California state parks provide a significant economic benefit to the people
of California, generating, according to estimates from the Department of Parks and Recreation,
about 80 million visitors from around the world who spend approximately $2.6 billion directly
with an additional $4 billion in indirect contributions;
WHEREAS, California state park lands are designated for their protection and
preservation on behalf of future generations and should not be warehoused for later development
in a manner inconsistent with state park purposes;
WHEREAS, protection of state park lands is a matter of paramount statewide concern
which requires that these lands not become the least costly alternative for major infrastructure
projects deemed to be necessary for uses inconsistent with state park purposes;
WHEREAS, on November 18, 2005, the California State Park and Recreation
Commission (Commission), in a resolution entitled "Opposing a Proposed Tollroad Alignment
and Request for Action to Protect San Onofre State Beach," reaffirmed the principle that state
parks are "designated for their protection and preservation on behalf of this and future
generations and should not be used in a manner inconsistent with state park purposes;"
WHEREAS, in said resolution, the Commission (i) urged abandonment of the proposed
toll road, called the Foothill -South Toll Road, that would run "over four miles in length through
the heart of the nearly 1,200 acre [inland portion] of San Onofre State Beach" and (ii) requested
that the "Governor, in concert with the Attorney General's office, oppose any major
transportation arterial through San Onofre State Beach using all appropriate methods, including
litigation if necessary, to defend this valuable and irreplaceable public resource;"
WHEREAS, the state park at San Onofre State Beach was set aside for the people of
California in 1971 by Governor Ronald Reagan who proclaimed that "one of the greatest
R 9825
Resolution No. 9825 (2006 aeries)
Page 2
legacies we can leave to future generations is the heritage of our land, but unless we can preserve
and protect the unspoiled areas which God has given us, we will have nothing to leave them" and
has since become one of the top five most visited state parks in California;
WHEREAS, the taking of such park land by a toll road would destroy this unique
Southern Californian coastal unit of the state parks system, and set a dangerous state -wide
precedent that might in the future be cited in justifying the destruction and degradation of other
state parks;
WHEREAS, in said resolution, the Commission recognized that "viable alternative
routes and traffic improvements exist which do not depend upon San Onofre State Beach."
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City endorses the Commission's November 18, 2005, resolution and
requests that the Foothill/Eastem Transportation Corridor Agency immediately and permanently
withdraw its plans to construct a toll road with an alignment through the state park at San
Onofre.
SECTION 2: The City Council directs its staff, in concert with the Financial Director, to
refrain from acquiring any bonds for, or making other financial investments in, the Foothill -
South Toll Road on the ground that the proposed road is not a sound environmental investment
and is inconsistent with California's compelling interest in protecting its state parks.
SECTION 3: The City Council directs its staff to send a copy of this resolution and
communicate its contents to the Commission, Foothill/Eastem Transportation Corridor Agency,
and the California Governor, Resources Agency, Department of Parks and Recreation, Attorney
General's Office, Treasurer's Office, and Department of Transportation.
Upon motion of Council Member Mulholland, seconded by Council Member Ewan, and
on the following roll call vote:
AYES: Council Members Ewan and Mulholland, and Vice Mayor Settle
NOES: Council Member Brown and Mayor Romero
ABSENT: None
The foregoing resolution was adopted this 151 day of August 2006.
Resolution No. 9825 (2006 series)
Page 3
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
Jon an P. Lowell
City Attorney
(D
Mayor David F. Romero
y,.9. -
1-9-.A27; V
4
l -
` JOINT RESOLUTION NO. 0146
A RESOLUTION OF THE CITIES
OF SAN LUIS OBISPO COUNTY ESTABLISHING
A COUNTYWIDE POLICY FOR PROPERTY
TAX EXCHANGE UPON ANNEXATION
WHEREAS, changing governmental fiscal relationships have required a modification to
the earlier approach to determining property tax exchange between cities and the County
upon annexation; and
WHEREAS, the extent and nature of this modification has been agreed upon through a
process of negotiation between the cities and the County based upon a shared goal of
producing a countywide tax exchange agreement that is fair to all parties; and
WHEREAS, a fair agreement is one that respells the following two principles: (1) that
the County should not "proft" from annexations,, nor should annexations result in a net
fecal loss to the County; (2) that tax exchange practices should not undermine good
land use planning by discouraging cities from pursuing logical and appropriate
annexations; and
WHEREAS, in order to provide objective data upon which to develop an equitable
agreement, the cities commissioned an independent fiscal study of the impact of
annexation and development of vacant lands around cities on County government; and
WHEREAS, the resub of this study assisted in the development of a new countywide
tax exchange agreement; and
WHEREAS, upon adoption of the agreement, the County and the cities will continue to
collaborate on related matters of shared importance, including: (a) following adoption by
the Board of Supervisors, reconsidering a countywide development impact fee program,
which may include appropriate city impact fees for county development occurring in the
unincorporated fringe of cities for which a clear City impact can be determined; and (b)
support existing policies which. encourage urban -like' development within the boundaries
'of cities.
NOW, THEREFORE, BE IT RESOLVED by the City Councils of the Cities of San Luis
Obispo County:
1. For "raw land" annexations prezoned commercial or industrial, the County
retains the existing property tax base and all of the future property tax
increment:
2. For annexations prezoned 'residential. the County retains the
existing property tax base and'two-thirds (66 %) of the future property tax
increment
Resolution No. J01-6
Page 2
3. For commercial and industrial annexation areas already substantially
developed, tax exchange will be negotiated on a case -by -case basis
between the annexing city and the County to determine an appropriate
property tax- sharing arrangement, based upon the principle of fiscal
neutrality for the County.
4. For annexations prezoned agricultural, the County retains the existing
property tax base and all of the future property tax increment
5. The County and the cities agree to re- examine the above policies at five -
year intervals to assure that they remain appropriate and current for all
parties.
PASSED AND ADOPTED by the City Councils of the Cities of San Luis Obispo County
at a special joint meeting thereof held on the 25th day of April, 1996.
ATTEST:
ATTEST:
CITY CLERK
ATTEST.
MAYOR OF ATASCADERO
(Not adopted)
TIZI Vcf Pe 10'11 11-664
MAYOR OF GR VER BEACH
Raxc�i►�en Nn �n1_AB --
Page 3
ATTEST:
CITY CLERK
ATTEST:
MAYOR OF PASO ROBLES
(Not participating)
MAYOR OF PISMO BEACH
(Not participating)
JOINT RESOLUTION NO. 02-96
3
IN SUPPORT OF THE COUNTY BOARD OF SUPERVISORS ENFORCEMENT OF
ALL LAWS REGARDING THE HANDLING, CLEAN -UP AND DISPOSAL OF
HAZARDOUS SUBSTANCES BELONGING TO UNOCAL CORPORATION
WHEREAS, at the April 2.5, 1996 meeting of all City Councils of San Luis Obispo
County have convened and determined that all cities will support environmental
protection within this County; and
WHEREAS, Unocal Corporation is responsible for mitigating hazardous spills; and
WHEREAS, Unocal Corporation is obligated to promptly respond to conditions of
remediation as ultimately established by the Regional Water Quality Control Board and
the County of San Luis Obispo; and
WHEREAS, Unocal Corporation's failure to remediate all environmental pollution
will create long -term liabilities and costs for the citizens of this County; and
WHEREAS, the cities of this County have an obligation to protect their residents
from the effects of hazardous spills within their communities; and
WHEREAS, successful efforts in this regard will protect the health and safety of
our citizens, and will further mitigate legal and financial impacts on our communities;
and
WHEREAS, Unocal should work with and keep cities and the County informed as
to their remediation measures; and
WHEREAS, the Cities in the County of San Luis Obispo hereby agree to support
the following resolution.
NOW, THEREFORE, BE IT RESOLVED, the Cities of San Luis Obispo County do
formally support the County Board of Supervisors in their efforts to enforce all laws
regarding the handling, clean -up and disposal of hazardous substance contaminations
belonging to Unocal.
PASSED AND ADOPTED by the City Councils of the Cities of San Luis Obispo
County at a special joint meeting thereof held on the 25th day of April, 1996.
Resolution No. J02 -96
ATTEST:
CITY CLERK
rK'% a 1 *3 5111111111
im
Page 2
:: - • . . l�•L� - •
MAYOR OF GROVER BEACH
ATTEST:
CITY CLERK
MAYOR OF PASO ROBLES
(Not participating)
Resolution No. J02 -96 Page 3
ATTEST:
MAYOR OF PISMO BEACH
(Not participating)
RESOLUTION NO. 03 -96
A RESOLUTION OF THE CITY COUNCILS OF THE CITIES
OF SAN LUIS OBISPO COUNTY SUPPORTING ADOPTION
OF A VALIDATING ACT' IN RESPONSE TO SANTA CLARA
COUNTY LOCAL TRANSPORTATION AUTHORITY VS.
GUARDINO
WHEREAS, the California Supreme Court recently issued a decision in the case of SM
(Tara 1aal TrapMg=Won Auth_Ority vs. Guardin% the effect of which decision is to require
voter approval for the imposition or increase of a special or general tax as set forth in
Proposition 62 (Government Code Section 53273); and
WHEREAS, the Guardino decision reverses prior court decisions that previously found the
voter - approval requirements of Proposition 62 for a general tax were unconstitutional; and
WHEREAS, if the collection of new taxes or tax increases adopted by elected boards,
subsequent to the effective date of Proposition 62 and prior to the effective date of the Guarding
decision, is prohibited and/or, if the retroactive . refund of tax collections is mandated, then the
Cities of San Luis Obispo County and a large number of other local governments will
experience severe financial crises, necessitating major reductions in public safety and other vital
public services; negating contractual commitments; and, quite possibly, leading to default on
credit obligations or, at the very least, substantially reducing the credit - worthiness of local
governments; and
WHEREAS, extensive costs, fiscal uncertainty, and a major threat to public services are
certain to arise from retroactive application of the Guarding decision and from the confusion that
will result if clear and timely policy direction is not forthcoming from the State in the aftermath
Of the announcement of the Guardino decision, thereby decimating services provided through
the Cities' General Funds; and
WHEREAS, a bill has been introduced in the California State Senate, SB 1590
(O'Connell), which would provide for the prospective application of Proposition 62, so that it
does not apply to taxes instituted without voter approval between the date of adoption of
Proposition 62 and the date it was validated. by the California Supreme Court, December 14,
1995.
NOW, THEREFORE, BE IT RESOLVED by the City Councils of the Cities of San Luis
Obispo County as follows:
1. That the California State Senate and Assembly are urged to actively support the
passage of SB 1390 or any similar legislation _requiring that the Guardino decision be
applied prospectively; and
2. That the passage of SB 1590 or similar legislation be adopted as soon as possible; and
RESOLUTION NO. J03 -96
PAGE 2
3. That the City Clerk is directed to forward this Resolution to State Senator Jack
O'Connell and State Assembly Member Tom Bordonaro at the earliest date possible
after its adoption and to distribute copies to the Board of Supervisors.
PASSED, APPROVED, AND ADOPTED this 25th day of A ri 1 , 1996.
ATTEST:
ATTEST:
M16-1
rlM11
z�
MAYOR OF GROVER BEACH
MAYOR OF PISMO BEACH
(Not participating)
a
RESOLUTION NO. J03 -96
PAGE 3
ATTEST:
WO W-
ATTEST:
CITY CLERK
ATTEST:
CITY CLERK
I
MAYOR OF PASO ROBLES
(Not participating)
t.2
Trf
MINUTES
CITY COUNCILS OF
SAN LUIS OBISPO COUNTY
SPECIAL JOINT CITY COUNCIL MEETING
Thursday, April 25, 1996 - 7:00 p.m.
Embassy Suites- 333 Madonna Road, San Luis Obispo
San Luis Obispo Mayor Allen" K. Settle called the meeting to order at 7:00 p.m.
ROLL CALL:
City of Arrovo Grande
Present: Council Members Brandy, Fuller and Mayor Dougali
Absent: Council Member Lady and Mayor Pro Tern Souza
City of Atascadero
Present: Council Members Carden, Luna, Mayor Pro Tom Johnson, Mayor Highland
Absent: Council Member Bewley
City of Grover Beach
Present: Council Members Forister, Gates, Munroe, Mayor Pro Tern Hamilton and
Mayor Amoldsen
City of Morro Bav
Present: Council Members Anderson, Crotzer, Unger, Vice Mayor Novak and Mayor
Yates
City of Paso Robles
Present: Council Member Martin and Mayor Macklin
Absent: Council Members Iversen, Picano and Mayor Pro Tern Heggarty
City of Pismo Beach
Present: Council Members Halldin and Mellow
Absent: Council Member Brown, Mayor Pro Tom Stahl, and Mayor Bailey
City of San Luis Obispo
Present: Council Members Roaiman, Romero, Smith, Vice Mayor Williams and Mayor
Settle
The Cleric noted that those cities represented this evening but without a quorum, would not be able
to participate In voting but could join in discussion.
PUBLIC COMMENT:
Neil Havlik. Natural Resources Manager for the City of San Luis Obispo, said that the City's Open
Space Funding Task Force had delivered its preliminary findings and invited everyone to a public
Task Force's public forum to be held on Monday, April 29, 1996, beginning at 6:45 pm. in the
Community Room of the City /County library.
Joint Meeting of the City Councils Page 2
April. 25, 1996
ACTION ITEMS:
1. The Councils considered a,proposed annexation tax exchange agreement between San Luis
Obispo County and the Cities in San Luis Obispo County. p 1 - 9 (p
Bob Hu City Manager of Arroyo Grande, said the results of an Independent study conducted by
the firm of Crawford, Muitarl, & Stag on revenue neutral annexations had found that the numbers
for the County to achieve fiscal neutrality on annexations were higher than the cities had hoped
for, but did refute the County's claim that It needs a portion of the cities' sales tax or other revenue
to remain whole on annexations. He recommended that the cities adopt the joint resolution
presented this evening, and adopted by the Boar of Supervisors at its meeting of April 23,1996.
Mayor Settle asked for public input
No one came forward to comment
After discussion, moved by SettlelDouuall to adopt Joint Resolution 01-96: motion carried as
follows:
Arroyo Grande - (3 -0-2)
Atascadero - (2-24)
Grover Beach - (5-0)
Mono Bay - (54)
Pismo Beach - (no quorum)
Paso Robles - (no quorum)
San Luis Obispo - (5-0)
2. The Councils considered supporting the County's efforts to ensure Unocal compliance with
State and Federal law, and adherence to environmental standards. Qua 1O(Z 0`c� (P
Mayor Settle. San Luis Obispo, indicated. that Council Member Romero had presented an revised
resolution. He added the Idea behind this action was to encourage County-wide environmental
Protectlon.
Manor SetHe opened the floor to comment from the audience.
Bill Sherre r. a senior manager for Unocal, said that Unocal supported the action by this group to
pass a corporate citizen responsibility resolution and requested that all local elected officials and
government bodies contact Unocal on individual areas of concerns.
Pat Mackie. Paso Robles, said he was not aware of Unocal's cooperation with local government
agencies and supported the resolution.
Mayor Settle returned discussion to the Councils.
Moved by Munroe/Romero to adopt the joint resolution as modified by Council Member Romero and
with the last sentence of the original resolution included as a "Whereas "; motion carried as follows:
Arroyo Grande (34-2)
Atascadero - (4-0-1)
Joint Meeting of the City Councils
April 25, 1996
Grover Beach - (5-0)
Morro Say - (3 -2)
Paso Robles - (not. participating)
Pismo Beach - (not participating)
San Luis Obispo - (54)
Page 3
3. The Councils considered supporting SS 1590 responding to the Guardino decision
(Proposition 62). r—R_si--&L4t &n 03 -4 (.p
Pete Dougali, Mayor of Arroyo Grande, reported that the Guardino.decision.invalidating a one -half
cent sales tax to fund local transportation projects, could expose cities throughout California to
potential retroactive rebates totalling approximately 9400 ,000,000. He said that SB 1590, introduced
by Sate Senator Jack O'Connell, will protect cities from these retroactive impacts and that the
resolution before the Councils would provide the additional support needed to ensure passage in
the Legislature.
Geoff Weo, Administrative Assistant to Senator O'Connell, urged the Councils to adopt the
resolution.
Moved by Douaail/Brandv to adopt a John resolution of the Cities of San Luis Obispo County
supporting validation of the act in response to Santa Clara County Local Transportation Authority
vs. Guardino; motion carried as follows:
Arroyo Grande - (3.0 -2)
Atascadero - (4-0 -1)
Grover Beach - (3-2)
Morro May - (5-0)
Paso Robles - (not participating)
Pismo Beath - (not participating)
San Luis Obispo -(541)
4: The Councils considered adopting a resolution asking Pacific Gas and Electric to address
the community impacts of its proposal concerning the valuation of holdings around the
state.
Council Member Carden. Atascadero, announced that he would be stepping down due to a conflict
of Interest
Bill Hendrix. County Administrator, said that in the environment of the utility industry to restructure
Me electric industry to create an atmosphere of competition, P.G. & E.'s proposal to diminish the
value of its production facilities through accelerated depreciation would ultimately result in a loss
of $9.8 million in revenues annually over a five -year period. He urged the Council to adopt the
proposed resolution supporting the County in Its efforts to work with P.G. & E. to mitigate these
impacts.
Mayor Settle asked for public comment.
G-m Ruener, Senior Vice President and General Manager of P.G. & E.'s nuclear power generation
business, asked the Council to consider that P.G.B E. is the largest property tax payer In the
County and the largest private employer in the County with over 1600 year -round employees whose
1
Joint Meeting of the City Councils Page 4
April 26,1896
contribution to the community In the taxes they pay far outweighs the property tax contributions
under discussion.
Bud Laurern. Chairman of the Board of Supervisors, said he was representing a unified, unanimous
board In support of this resolution..
Mavor- Settle turned the discussion back to the members of the City Councils.
Moved by MunroelJohnson to adopt the proposed resolution as amended to address, In addition
- . to P.G:B E. in the title of the resolution, the California Public Utilities Commission, and the State
Boarrkof Equalization, also amending the final paragraph amended to include .both entities In
addition to P.GA E, amend paragraph five to delete "come In direct violation of and add ''may
�• violate," and delete paragraph six; motion was lost, as follows:
Arroyo Grande - (0.3 -2)
Atascadero - (1 -2 -2)
Grover Beach - (3-2)
Morro Bay - (1 -0)
Paso Robles (not participating)
Pismo' Beach - (not participating)
San Luis Obispo - (3 -2) .
Moved by DousralVUnaer to resubmit this to the individual cities for consideration, with further
documentation to be supplied as discussed; motion carried, as follows:
Arroyo Grande - (3 -0-2)
Atascadero - (3-0-2)
Grover Beach - (5-0)
Morro Bay - (5 4)
Paso Robles (not participating)
Pismo Beach - (not participating)
San Luis Obispo - (54)
INFORMATIONAL ITEMS.
S. The Councils considered a report on a tax override for safety Improvements to Highway 46
East
Wait Macklin Mayor of Paso Robles, explained that as a rural County, we are at a disadvantage as
we compete for State highway transportation funds, and that the solution to fund Highway 46
improvements might necessitate an additional gas or sales tax that would require a two- thirds voter
approval. He said that he hoped this body would direct their Mayors to continue dialogue on this
subject.
Mayor Settl e asked for public comment. .
Pat Mackie. Paso Robles, Vice Chair of the Fix 46 Committee, urged the Councils' support of a half -
cent increase In the County sales tax dedicated to Highway 46 safety projects and asked for
additional support to ask the Board of Supervisors to put the sales tax increase on the November
.. ballot,
L.
i
Joint Meeting of the City Councils Page 5 .
April 25,1996
Mary Chambers. President of the Fix 46 Committee, reiterated the hope that this sales tax increase
would appear on the November ballot.
Ron DeCarli; Executive Director of San Luis Obispo Council of Governments, informed the Council
that.although SLOCOG has not taken a position on a sales tax measure, they are currently working
with the Fix 46 Committee, the California Highway Patrol; and Caltrans on Highway 46 safety
Improvements and will be developing recommendations within the next two months.
Mayor Settle returned discussion to the Councils.
Moved by WilliamslSmith, San Luis Obispo, suggested that the Councils .ask SLOCOG to prepare
a draft resolution for the Individual Councils to review and adopt and send on to the County if they
wish to move ahead with this type of action.
Discussion ensued on the timing to get a measure to the voters in November.
Ron DeCarli said that It was unlikely that all the legal steps necessary to get a measure on the
ballot for November could be accomplished between now and June, and that the measure would
more likely be on the ballot in 1997 or 1998.
in light of Mr. DeCarlps comments, Vice Mayor Williams withdrew the motion but suggested that
the individual cities study this as a possibility for next year. (General consensus.)
8:45 Mayor Settle called for a ten - minute recess.
p.m.
8 :55 p.m. Mayor Settle reconvened the meeting.
I
6. The Councils received a report on the Foundation for Community Design.
Rob Rossi, Rossi Enterprises, speaking on behalf of the Foundation for Community Design, said
that this group was comprised of people from throughout the County attempting a grassroots effort
at visioning for the future of the County.
7. The Councils considered mcommendations,from the planning directors on developing land
use strategies for improving general plan land use compatibilities, and joint planning of the
spheres of influence and planning Impact around the cities.
Bob Leta. Community Development Director for the City of Paso Robles, asked the Councils for
direction as to whether the planning directors should pursue coordinating land use policies.
The Councils approved the Planning Directors pursuing these goals.
8. The Councils considered recommendations of the California Constitution Revision
Commission.
John Dunn. City Administrative Officer, City of San Luis Obispo, reviewed the recommendations
of the California Constitution Revision Commission, Including a new statellocal realignment plan
with each County forming a Home Rule Community Charter Commission. In 1997. The charter
would provide for the assignment of local government services and their financing and would be
submitted to the voters for their approval no later than November of 2000.
Joint Meeting of the City Councils Page 6
April 259 11996
t
Mayor Settle encouraged all the cities In the Count y to attend the League of California Cities
Channel Counties Division meeting In San Luis Obispo In September when Bill Hauck, Chair of the
Revision Commission will be making a presentation.
John Dunn added that a series of seminars would be held this summer and fall, and that he Would
urge that one of those, take place within this County.
Council Member Smith, San Luis Obispo, called attention to a document relating to the politics of
politeness drafted by the California Elected Women's Association for Education and Research, and
encouraged each Council to consider adopting it as a resolution.
916 p.m. There being no further business to cam before the Councils, Mayor Settle adjourned
the meeting.
I(Iff CidndcKjUpording Secretary
AssWiant City Clark, San Luis Obispo
Approved by Council: 5121.196
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IN THE BOARD OF SUPERVISORS
COMM OF SAN LMS OBISPO, $TAT$ OF CALIFORNIA
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FRESENT: Supervisors $veIra Delany, Ruth C. Brackett, David Blakely, and Chairperson
Laurence L. aurant
ABSENT: Supervisor Harry L. Ovitr.
RESOLUTION NO. 96 -158
A RESOLUTION OF THE SAN LUIS OBISPO COUNTY
BOARD OF SUPERVISORS ESTABLISHING.
A COUNTYWIDE POLICY FOR PROPERTY
'FAX EXCHANGE UPON ANNEXATION
The following resolution is hereby offered and read:
WHEREAS, changing governmental fiscal relationships have required a modification
to the earlier approach to determining property tax cxchnage between cities and the County
aptm annexttiou; and
WHEREAS. the extent and nature of this modification has boon agreed upon th:uugh
a process of negotiation between the cities Find the County based upon a shared god of
Producing it countywide tax oxchaage agreement that is fair to all parties; and
WHEREAS, a fair agreement is one that respects the following two principles: (I) 1
that the County abould not "profit" from annexations, nor should annexations result in a net
fiscal toss to the County; (2) that tax exchange practices should not undermine good land
use planniag by discouraging cities from pursuing logical and appropriate annexations; and
WHEREAS, in order to provide objective data upon which to develop an equitable
agreement, Ilia cities commissioned an independent fiscal study of the impact of annexation
and "dove lopment of vacant lands around cities on County government ; and
WHEREAS, the results of this study assisted in the development of a new
countywide to exchange agreement; and
NV1MR8AS upon tWoption of the agreement, the County and the cities wiB continue
to collabottute on related matters of shared importance, including: (a) following adoption by
the Board of Supervisors, reconsidering a oountywide development impact fee program,
which may include appropriate city impact fees for county development ocaurrfng in the
uairwwrporatad tringo.of cities for which a dear City impact can be determined; and (b)
support crdsting policies which encourage urban -like development within the boundaries of
cities.
NOW, THEREFORE, BE IT RESOLVED, by the San Luis Obispo County Board of
Supervisors:
I. For "CAW land" annexations rre.wned commercial or industrial, the County
retains the existing property tax base and all of the future property tax
Increment.
2. For anneYations prezoned reeidentinl, the County retain.• the exlsting property
tax base and two - thirds (66%) of the future property tax increment
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3. For Commercial and industrial annexation areas already substantially
developed, tax exchange will be negotiated on it case -by -case basis between
the annexing city and the County to determine an appropriate property tax-
sharinA arrangement, hacnd upon the peinciplo of SreaJ ncutralley for the
Coll nty,
4. For annexations prczoned agricultural, cite County retains the erdsting
property tax baPe And kll of the future property tru, increment.
5. The County and the cities agree to it- examine the above policies at five -year
intervals to nssurc that they remain appropriate and current for all parties.
Upon motion of Supervisor Delany seconded by Supervisor
Blakely , and ou lhu following roll call vote, to wit:
AYES: SupervisorA Delany, Blakely, Brackett, Chairperson Laurent
Now; None
ABSENTn Suporvisor evict
ABSTAINING: None
The lareforing resolution is hereby adopted
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Chairman. Board o Supervisnrx
ATTEST:
11114, T., ReA• ld
Qer the Bor 1 nr h,ppty yors
BY ` Deputy Clerk
APPROVED AS SORM AND LEGAL EFFECT
JAMES B. LiNDITOLM, JR
County Couatel
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