HomeMy WebLinkAbout10204-10225RESOLUTION NO. 10225 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DEDICATING THE
SAN LUIS OBISPO CORPORATION YARD IN HONOR OF SAN LUIS OBISPO CITY
MAYOR, DAVID F. ROMERO
WHEREAS, Mayor David F. Romero was hired as the City Engineer for the City of San
Luis Obispo in 1956; and
WHEREAS, David F. Romero distinguished himself in a 36 -year career with the City,
where he retired in 1992 as the Director of Public Works; and
WHEREAS, David F. Romero continued to show his dedication to the City and was first
elected to the City Council of the City of San Luis Obispo in 1992; and
WHEREAS, David F. Romero was first elected to serve as Mayor of the City of San
Luis Obispo in 2002; and
WHEREAS, Mayor David F. Romero's leadership commanded the respect and
admiration of the City organization, and the community; and
WHEREAS, Mayor David F. Romero_ set a high bar for professionalism and excellence
that will have a lasting effect on the City of San Luis Obispo; and
WHEREAS, Mayor David F. Romero has faithfully served the entire San Luis Obispo
Community through his position as Public Works Director, Councilmember, and Mayor; and
WHEREAS, Mayor David F.. Romero's support and guidance were instrumental to the
successful development of the City's housing needs, long -term water supply, revitalization of the
downtown, improvement of bike and transit facilities, improving neighborhoods, streets and
traffic congestion; and
WHEREAS, Mayor David F. Romero is a beloved husband, father, grandfather, friend,
colleague, community member, and role model, both professionally and personally; and
WHEREAS, David F. Romero's personal and professional legacy will benefit our
community and the City of Sari Luis Obispo far beyond his retirement.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo:
SECTION 1. In recognition of Mayor David F. Romero's outstanding leadership and
committed service to the City of San Luis Obispo, the City of San Luis Obispo Corporation Yard
shall hereafter be dedicated as the "David F. Romero Corporation Yard."
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Resolution No. 10225 (20Tv'Series)
Page 2
SECTION 2. A proclamation memorializing this dedication shall be provided to David
F. Romero in appreciation of his dedicated service to the City and the monument sign at the
Corporation Yard entrance will be changed to reflect the naming.
Upon motion of Vice Mayor Carter, seconded by Council Member Settle, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 19`h day of October 2010.
ayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J. 'stine Dietrick
ity Attorney
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'7ACWAF14T I
RESOLUTION NO. 8621 (1997 Series)
A POLICY FOR IRE NAMING OF PARKS AND RECREATION FACILITIES
WHEREAS, it is appropriate that parks and recreation facilities, and portions of
those facilities, be named in honor of citizens of the City of San Liss Obispo, and
WHEREAS, such naming should be made for persons or -groups who have made
significant contributions to the City, and
WIERF.AS, naming can also he made for other appropriate reasons, and
WHEREAS, such naming nominations shall be reviewed by the Parks and
Recreation Commission and forwarded to the City Council for approval.
NOW, THMEFORE, be it resolved that the City Council of the City of San Luis
Obispo does adopt this policy concerning the naming of park and recreation facilities,
with the following provisions:
1. Naming of facilities may be made for individuals or groups who have made
significant contributions or service to the City of San Luis Obispo and its citizens.
2. Naming may commemorate significant financial contributions to a specific
project.
3. Naming is also appropriate for significant natural or historic resources associated
with a particular location.
4. Naming need not be posthumous.
5. Those wishing to make nominations shall submit a letter to the Parks and
Recreation Commission detailing why the naming should be considered.
6. Those nominations judged to be worthy of consideration shall be forwarded to the
City Council for approval.
AWAClMENr 1
R -8621. 2.3
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Resolution No. 8621 (199'1 Series)
Page Two
7. While the policy primarily deals with new park sites, the renaming of existing
facilities or unnamed portions of facilities is not precluded When such a request
is received, the current site name will be researched to see that the request is not
contrary to a previous naming. . Such naming changes are seen as being
appropriate for parks with generic names.
8. Any expenses associated with a facility naming are not necessarily the
responsibility of the City.
and on the following roll call vote:
AYES: OD==il Members Roalnen, S lith, RMMM, willies and Iiay= Settle
NOES: None.
ABSENT: None
The foregoing resolution was adopted this list day of TA.,,, , . , 1997.
Mayor Allen Settle
ATTEST:
�a �
C O
RESOLUTION NO. 10224 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A
MODIFICATION TO THE AFFORDABLE HOUSING PLAN FOR THE ROCKVIEW
CLOSE PROJECT AND RESCINDING A $68,000 AFFORDABLE HOUSING FUND
AWARD MADE IN 2003 BUT NOT YET DISBURSED
(3301 Rockview; PD 155 -02)
WHEREAS, the City of San Luis Obispo, a charter city and municipal corporation,
adopted Resolution No. 9412, which approved an Affordable Housing Plan on January 21, 2003,
requiring the developer of the Rockview Close Project ( "Project ") to build two affordable
dwelling units on the project site; and
WHEREAS, the project's Affordable Housing Plan requires the developer to construct
two homes on the project site and offer those homes for sale to moderate income households in
compliance with the City's Affordable Housing Standards; and
WHEREAS, the City Council approved Ordinance No. 1430 on January 21, 2003,
approving Planned Development rezoning for the project site, which included a finding that the
Project "provides more affordable housing than would be possible with conventional
development because the applicant is providing two affordable dwelling units, where the City's
Inclusionary Housing Requirement only requires the development of one such unit;" and
WHEREAS, the inclusion of the extra affordable housing unit described in Ordinance
No. 1430 was not necessary for the Project to qualify for approval of Planned Development
rezoning, and payment of the in -lieu fee will fully meet the Project's Inclusionary Housing
Ordinance requirement, per SLOMC 17.91; and
WHEREAS, the City Council agreed to award the developer the sum of $68,000 from
the Affordable Housing Fund to compensate the developer for the provision of an additional
affordable dwelling unit (Council Resolution No. 9412); and
WHEREAS, the Project received building permits and began construction during 2005
but because of a foreclosure, bankruptcy and a significant slowdown in the housing market,
which resulted in declining residential values throughout the Country and the City of San Luis
Obispo, construction on the project was halted; and
WHEREAS, the proposed change to the Affordable Housing Plan for the Project will
result in a positive fiscal impact to the Affordable Housing Fund of $141,787; and
WHEREAS, recent experience has shown that $141,787 in Affordable Housing Funds
can likely support the off -site construction of four low- income family apartments with the funds
that would support the construction of two, two- bedroom moderate- income homes if left in the
Project.
R 10224
Resolution No. 10224 (2010 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Affordable Housing Fund Award Rescinded. The City Council does hereby
rescind the $68,000 Affordable Housing Fund award approved per Section 4 of Resolution No.
9412, making those funds available to allocate to new affordable housing projects to the approval
of the City Council, and directs the Community Development Director, at the cost of the
applicant, to remove any deed restrictions currently recorded against the Project relative to the
affordable housing requirement. All City-wide impact fees that the project was previously
exempted from because of the previously approved affordable housing shall now be paid.
SECTION 2. Interpretation of Finding #2 of Ordinance No. 1430. The City Council
does hereby interpret Finding #2 to be met through the payment of the in -lieu fee for the project
and the rescinding of the Affordable Housing Fund award for the project because the action will
allow for the project to be completed and could result in the construction of four low- income
family apartments with the funds that would support the construction of two, two- bedroom
moderate- income homes if left in the Rockview Close project. Affordable housing in -lieu fees
for the project shall now be paid.
Upon motion of Council Member Ashbaugh, seconded by Council Member Settle, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5th day of October 2010.
`�
Mayor David F. Romero
0x991119
Elaina Cano
City Clerk
APPROyED AS TO
d. Christine Dietrick
City Attorney
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RESOLUTION NO. 10223 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE FARE
STRUCTURE FOR SAN LUIS OBISPO TRANSIT
WHEREAS, cash and prepaid fares on SLO Transit changed in June 2009 in accordance with the
Council adopted Short Range Transit Plan; and
WHEREAS, the current fare structure for SLO Transit was approved by City Council on May 5,
2009; and
WHEREAS, staff presented the Fare Policy Update to the Mass Transportation Committee on
August 5, 2010; and
WHEREAS, after holding a special meeting/open house on August 5, 2010, the Mass
Transportation Committee recommended approval of the new rate structure attached hereto as Exhibit
A, which increases the Trolley regular cash fare and establishes a Trolley Senior /Disabled half fare;
and
WHEREAS, on September 7, 2010 and October 5, 2010, the City Council held public hearings to
consider the proposed modifications to the rate structure; and
WHEREAS, the City Council finds based on data presented as part of the City's transit fund
review that the new rate structure attached as Exhibit A does not exceed the reasonable costs of
providing service.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that:
SECTION 1: The City Council hereby adopts the rate structure as set forth in Exhibit A for
San Luis Obispo Transit.
SECTION 2: The rate structure set forth in Exhibit A shall be effective November 1, 2010.
Upon motion of Council Member Ashbaugh, seconded by Council Member Marx and on the
following vote:
AYES: Council'Members Ashbaugh and Marx,
NOES: Council Member Settle
ABSENT: None
Vice Mayor Carter and Mayor Romero
M
R 10223
Resolution No. 10223 (2010 Senes) O
Page 2
The foregoing resolution was adopted this 5th day of October 2010.
Maici David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO
istine Dietrick
City Attorney
C-
EXHIBIT A
1. REGULAR CASH FARE
a. Fare is $1.25 per boarding
b. Available to any passenger.
3
2. SENIOR/DISABLED CASH FARE (HALF -FARE POLICY)
a. Fare is $0.60 per boarding during all hours of operation.
b. Available to passengers who are 65 years of age or older, requires valid photo identification at
the time of boarding.
c. Available to persons with disabilities with valid identification including Medicare Cardholders,
d. Age to phase in over 3 year period.
3. TROLLEY REGULAR CASH FARE
a. Fare is $0.50 per boarding
b. Available to any passenger.
c. SLO Transit Passes, transfers, and Cal Poly Student ID not accepted.
d. 31 -day Regional and Day pass accepted
4. TROLLEY SENIOR/DISABLED CASH FARE (HALF -FARE POLICY)
a. Fare is $0.25 per boarding during all hours of operation.
b. Available to passengers who are 65 years of age or older, requires valid photo identification at
the time of boarding.
c. Available to persons with disabilities with valid identification including Medicare Cardholders.
d. SLO Transit Passes, transfers, and Cal Poly Student ID not accepted.
e. 31 -day Regional and Day pass accepted
5. REGULAR 31 DAY PASS
a. Fare is $37.00 for unlimited rides.
b. Valid for 31 Days or for the month purchased.
c. Issued by City of San Luis Obispo.
d. Valid only on SLO Transit.
e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley.
f. Regular 31 -Day Passes can be purchased any time and are valid for 31 days from the first day
of use.
6. 31 -DAY STUDENT PASS
a. Fare is $25.00 for unlimited rides for 31 days.
b. Valid for 31 days from validation date or from first day of use.
c. Valid only on SLO Transit.
d. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley.
e. Issued by City of San Luis Obispo.
f. Available to students from Kindergarten to 12`h Grade with valid identification.
g. Valid identification includes driver's license proving to be age 18 or younger or valid school
photo /non -photo identification.
O
7. SENIOR/DISABLED 31 DAY PASS
a. Fare is $12.50 for unlimited rides.
b. Valid for 31 days.
c. Issued by City of San Luis Obispo.
d. Valid only on SLO Transit.
e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley.
f. Available to passengers who are 65* years of age or more, requires valid photo identification at
the time of purchase.
g. Available to persons with disabilities with valid identification.
h. Senior/Disabled 31 Day Passes can be purchased any time and are valid for 31 days from the
first day of use.
i. Age to phase in over 3 year period as follows:
62+ June 1, 2009 -June 30, 2010
63+ July 1, 2010 -June 30, 2011
64+ July 1, 2011 -June 30, 2012
65+ July 1, 2012 and beyond
8. PROMOTIONAL SCRIP
a. Book of 25 tickets is $31.25.
b. One ticket is good for one ride.
c. Valid only on SLO Transit.
d. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley.
e. Issued by City of San Luis Obispo.
f. Available to any passenger.
9. 1 -DAY PASS
a. Fare is $3.00 for unlimited rides for I day.
b. Valid for 1 day from validation date or from first day of use.
c. Issued by City of San Luis Obispo and on SLO Transit bus with exact fare.
d. Valid only on SLO Transit.
e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley.
f Available to any passenger.
10. 3 -DAY PASS
a. Fare is $6.00 for unlimited rides for day.
b. Valid for 3 days from validation date or from first day of use.
c. Issued by City of San Luis Obispo and on SLO Transit bus with exact fare.
d. Valid only on SLO Transit.
e. Valid on any SLO Transit bus route but not accepted on the Downtown Trolley.
f Available to any passenger.
11. 5 -DAY PASS
a. Fare is $10.00 for unlimited rides during 5 days.
b. Valid for 5 days from validation date or from first day of use.
c. Issued by City of San Luis Obispo and on SLO Transit bus with exact fare.
d. Valid only on SLO Transit.
e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley.
f Available to any passenger.
12. 7 -DAY PASS
a. Fare is $14.00 for unlimited rides during 7 days.
b. Valid for 7 days from validation date or from first day of use.
c. Issued by City of San Luis Obispo and on SLO Transit bus with exact fare.
d. Valid only on SLO Transit.
e. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley.
f. Available to any passenger.
13. REGULAR ADULT 16 -RIDE PASS
a. Fare is $20.00 for Sixteen (16) individual rides.
b. Issued by City of San Luis Obispo
c. Valid only on SLO Transit.
d. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley.
e. Regular adult 16 individual ride passes can be purchased any time and are valid for 24 months
from the date of issue.
14. SENIOR - DISABLED 15 -RIDE PASS
a. Fare is $9.00 for Fifteen (15) individual rides.
b. Issued by City of San Luis Obispo.
c. Valid only on SLO Transit.
d. Valid on any SLO Transit bus route, but not accepted on the Downtown Trolley.
e. Available to passengers who are 65* years of age or more, requires valid photo identification at
the time of purchase.
f. Available to persons with disabilities with valid identification.
g. Senior/Disabled 15 individual ride passes can be purchased any time and are valid for 24
months from the date of issue.
h. Age to phase in over 3 year period as follows:
62+ June 1, 2009 -June 30, 2010
63+ July 1, 2010 -June 30, 2011
64+ July 1, 2011 -June 30, 2012
65+ July 1, 2012 and beyond
15. SLO TRANSIT TRANSFERS
a. Transfer issued free
b. Valid for one ride only on SLO transit Routes
c. Valid for sixty (60) minutes from time of issue.
d. Cannot be used for a round trip
16. RTA REGIONAL DAY PASS
a. Fee is $5.00 effective August 1, 2010
b. Issued by RTA and SLO Transit drivers with exact fare and at other outlets.
c. Accepted from any RTA bus rider.
X
d. Valid on any all SLORTA, SLO Transit, SCAT, Paso Express and North Country Shuttle bus
routes, including the Downtown Trolley.
17. RTA 31 -DAY MONTHLY REGION ALL PASS
a. Valid for the month purchased.
b. Issued by San Luis Obispo Regional Transit Authority.
c. Valid only on San Luis Obispo Transit, San Luis Obispo Regional Transit Authority, and
SCAT bus routes, including the Downtown Trolley.
18. CAL POLY PHOTO ID
a. Fare is prepaid by Cal Poly State University.
b. Eligible to Cal Poly students, staff, faulty with valid Cal Poly photo identification.
c. Valid per the terms of the current Cal Poly Fare Subsidy Agreement.
d. Issued by Cal Poly.
e. Valid only on SLO Transit bus routes, except on Downtown Trolley.
19. DOWNTOWN ACCESS PASS (DAP)
a. Fare is $0.00 (FREE). Parking Fund reimburses usage.
b. Available to downtown employees, except Cal Poly students.
c. Must be validated monthly with,recent payroll stub and photo ID.
d. Issued by City of San Luis Obispo.
e. Valid on any SLO Transit bus route, except on the Downtown Trolley.
20. VIP SLORTA (GOLD) PASS
a. Fare is $0.00 (FREE) - lifetime.
b. Issued by San Luis Obispo Regional Transit Authority (SLORTA).
c. Valid on San Luis Obispo Transit, San Luis Obispo Regional Transit Authority, SCAT, Paso
Express, and North County Shuttle bus routes, except on Downtown Trolley.
d. Available to persons 80 years or older with valid identification.
21. SUMMER YOUTH PASS
a. Valid from Memorial Day weekend to Labor Day weekend.
b. Unlimited rides during effective period.
c. Valid on participating transit operators and services.
d. Issued by San Luis Obispo Transit Authority.
22. TRANSIT PROGRAM
a. No fare for City Transit Program personnel conducting City business.
b. City Transit Program personnel are required to pay appropriate fare for non -city related trips
(i.e. commute trips, personal trips).
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RESOLUTION NO. 10222 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ESTABLISHING
DEVELOPMENT IMPACT FEES IN THE ORCUTT AREA FOR TRANSPORTATION
AND PARK IMPROVEMENTS
WHEREAS, the Council adopted the Orcutt Area Specific Plan on March 2, 2010,
following extensive public hearings by the Planning Commission and Council; and
WHEREAS, Chapter 8 (Public Facilities Financing) of the Orcutt Area Specific Plan
provides a detailed description of the transportation, trail linkages and park improvements
needed to serve this area and their costs, along with the method of apportioning these costs
between types of development; and
WHEREAS, the development impact fees adopted by this resolution, which are set forth
in Exhibit A attached hereto, are the same as those included in the approved Orcutt Area Specific
Plan; and
WHEREAS, the Council held a public hearing on September 21, 2010 to consider
proposed fees in funding improvements needed to serve new development in the Orcutt Area;
and
WHEREAS, the Community Development Director has determined that the provisions
of this resolution are exempt from the provisions of the California Environmental Quality Act
pursuant to Article 18 of the California Environmental Quality Act Procedures and Guidelines;
and
WHEREAS, the proposed fees comply with the provisions of Section 66000 of the
Government Code (AB 1600).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that:
SECTION A. Findings.
1. The purpose of these area- specific fees is to implement the goals and objectives of the
City's General Plan and the Orcutt Area Specific Plan, to meet the public facility needs of the
Orcutt Area and to mitigate the impacts of new development in this area, by providing a
financing method for the construction and purchase of certain transportation, trail and park
improvements. The Council has determined that impact fees are needed in order to finance
these facilities and improvements and to pay for new development's fair share in the Orcutt
Area of the construction or purchase costs of these facilities and improvements. In
establishing the fees described in the following sections, the Council has found these fees to
be consistent with the City's General Plan, and pursuant to Government Code Section
65913.2, has considered the effects of the fee with respect to the City's housing needs as
established in the Housing Element of the said General Plan Land Use Element.
R 10222
Resolution No. 10222 (2010 Series)
Page 2
2. Area- specific development impact fees in the Orcutt Area, whose boundaries shall be as
defined in the Orcutt Area Specific Plan, are hereby established as a condition of any new
development for which any of the following approvals or permits is required:
a. Approvals of land divisions pursuant to Title 16 of the San Luis Obispo Municipal
Code, including approval of certificates of compliance, parcel maps, tract maps and
condominium conversions.
b. Land use approvals pursuant to Title 17 of the San Luis Obispo Municipal Code,
including rezonings or the approval of development plans, site plans, minor use permits,
variances, but excepting approval of San Luis Obispo General Plan/Land Use Ordinance
amendments.
c. Issuance of any occupancy permit or final building inspection.
d. All other approvals of real property development, which approvals are subject to the
jurisdiction of the City of San Luis Obispo and which approvals are subject to the
exercise of the discretion of the Council, Planning Commission or Community
Development Director. For purposes of this resolution, new development includes any
change of use or occupancy which increases the traffic service requirements of a
development.
3. There is a reasonable relationship between the types of development on which these
impact fees are imposed, and the use of these impact fees and the need for the facilities and
improvements.
4. There is a reasonable relationship between the amount of these fees and the cost of the
facilities and improvements attributable to the developments on which these fees are
imposed. The estimated costs of facilities and improvements, including financing costs, to be
paid for by these fees is shown in Chapter 8, Public Facilities Financing, of the Orcutt Area
Specific Plan, which is attached hereto as Exhibit B of this Resolution. These costs have
been allocated to new development on the basis of dwelling unit type for residential uses,
which are reasonably related to the transportation and park needs of a development project in
the Orcutt Area.
5. The fees collected pursuant to this resolution shall be used only to pay for facilities and
improvements identified in the impact fee analysis and shall not be in lieu of any other fee or
tax as may be required by this code.
SECTION B. Amount of Impact Fees. Effective September 21, 2010, area- specific fees
shall be in the amounts set forth in Exhibit A attached hereto. Unless otherwise acted upon by
the Council, the amount of the fees will automatically be adjusted on July 1 of each year by the
annual percentage change in the U.S. Bureau of Labor Statistics consumer price index for all
urban consumers (CPI -U), all- cities average for the prior calendar year.
Resolution No. 10222 (2010 Series) O
Page 3
SECTION C. Ongoing Review of Cost Estimates.
1. At any time that the actual or estimated costs of facilities identified in the impact fee
analysis changes, the Director of Finance & Information Technology (Director) shall review
the impact fees and determine whether the change affects the amount of the impact fees. If
the impact fees are significantly affected, the Director shall, within thirty (30) days,
recommend to the Council a revised fee for their consideration.
2. At least once every five years, the Council will review the basis for these area- specific
impact fees to determine whether: they are still reasonably related to the impacts of
development; the facilities and improvements for which the fees are charged are still needed;
and the cost estimates are still valid.
SECTION D. Time of Payment.
1. As provided in Government Code Section 66007(6), the area- specific fees set forth in
Exhibit A shall be payable prior to issuance of building permits required for that development
and shall be collected by the Building Official.
2. For any development project or portion thereof, impact fees shall be assessed at the time
of application and remain valid for as long as the application is proceeding through valid
processing as per the Uniform Administrative Code.
SECTION E. Determination of Land Use Category. All determinations regarding the
appropriate classification of development applications by land use category shall be made by the
Community Development Director.
SECTION F. Exemptions. The fees established under this resolution do not apply to the
following:
1. Other government agencies.
2. That portion of a structure which existed before the addition of dwelling units or the
enlargement of floor area in a non - residential structure. If a structure is destroyed or
demolished, and replaced within two years from the date of demolition, the impact fees shall
be based on the service requirements of the new development less the service requirements of
the development which it replaced.
SECTION G. Applicant Construction of Facilities. If the applicant for approval of any
development project is required by the City, as a condition of approval, to construct facilities
whose cost has been used in the calculation of impact fees which apply to that project, the
applicant shall receive a credit for that portion of the total fees otherwise payable that are
attributable to those facilities. If the credit exceeds the amount of the impact fees due on the
development, a reimbursement agreement with the applicant shall be offered. The
reimbursement amount shall not include the portion of the improvement needed to provide
services or mitigate the need for the facility or the burdens created by the development.
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Resolution No. 10222 (2010 Series)
Page 4
SECTION H. Limited Use of Fees. The revenues raised by payment of these fees shall
be placed in a separate account along with any interest earnings on that account, and shall be
used solely to:
1. Pay for the design and construction, including construction management, of
improvements set forth in Exhibit B, or to reimburse the City for funds advanced from other
sources to pay for said design and construction.
2. Reimburse developers who have been required or permitted to install portions of said
facilities or improvements.
SECTION I. Fee Adjustments.
1. Each development is independent and no reductions to impact fees will be transferable to
another development nor will an excess be refunded.
2. Any person whose new development is subject to these impact fees may appeal to the
Council for a reduction or adjustment of those fees, or a waiver of those fees, based on the
absence of any reasonable relationship between the impacts of that new development and
either the amount of the fees or the type of facilities or improvements funded by the fees.
The appeal shall be made in writing and filed with the City Clerk, together with any required
appeal fee, within ten (10) days following notification that the fee is to be imposed. The
appeal shall state in detail the factual basis for the claim of waiver, reduction or adjustment.
The Council shall consider the appeal at an appeal hearing to be held within sixty (60) days
after the filing of the appeal. The hearing may be continued from time to time. The decision
of the Council on the appeal shall be final. If a reduction, adjustment or waiver is granted,
any change in the permitted type or intensity of land use within the approved development
project shall invalidate the reduction, adjustment or waiver of the fee.
SECTION J. Unexpended Impact Fee Revenues.
1. Notwithstanding Section C.2, whenever any impact fee, or portion of an impact fee,
remains unexpended or uncommitted five (5) or more years after payment of the fee, the
Council shall make findings once each fiscal year with respect to the unexpended amount.
The Council shall identify the purpose for which the fee is to be used, and demonstrate a
reasonable relationship between the fee and the purpose for which it was charged. The
findings required by this section need be made only for monies in the possession of the City,
and need not be made with respect to any letters of credit, bonds or other items given to
secure payment of the fee at a future date.
2. The City shall refund to the then - current owner or owners of the new development
project or projects, on a prorated basis, the unexpended or uncommitted portion of the impact
fees for which need cannot be demonstrated pursuant to this section. The City may refund
the unexpended or uncommitted revenue by direct payment, by providing a temporary
Resolution No. 10222 (2010 Series)
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Page 5
suspension of impact fees or by any other means consistent with the intent of this section.
The determination of the means by which those fees are to be refunded is a legislative act.
3. If the Council determines that the administrative costs of refunding unexpended or
uncommitted impact fees pursuant to this section exceed the amount to be refunded, the
Council, after a public hearing, notice of which has been published pursuant to Section 6061
of the California Government Code and posted in three prominent places within the area of
the new development project, may determine that the said fees shall be allocated for some
other purpose for which impact fees are collected and which serves the new development
project on which the fees were originally imposed.
SECTION K. Separate Accounts. The Director will deposit fees collected under this
resolution in separate accounts as required by Government Code Section 66006. Within 180
days of the close of each fiscal year, the Director will make available to the public an accounting
of these fees, and the Council shall review that information at its next regular public meeting.
Upon motion of Vice Mayor Carter, seconded by Council Member Settle, and on the
following vote:
AYES:
Council Members Ashbaugh and Settle, Vice Mayor Carter and Mayor
Romero
NOES:
None
ABSENT:
None
RECUSED:
Council Member Marx
The foregoing resolution was adopted this 21 S` day of September 2010.
(�l- < ��999&p�
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
istine Dietrick
City Attorney
EXHIBIT A
ORCUTT AREA DEVELOPMENT IMPACT FEES
Transportation Improvements, Park Improvements and Plan Preparation
Effective September 21, 2010
Transportation Park and trail Plan I Total fees excluding
Improvements Improvements! Preparation (EIR City-Wide impact fees
parkland and Specific Plan)
Single - Family Residential $5217 $11963 $737 1 $17,917
Multi- Family Residential $3644 $8803 $2761 $12,723
I� O
RESOLUTION NO. 10221 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO REQUESTING THE
LOCAL AGENCY FORMATION COMMISSION INITIATE PROCEEDINGS FOR
THE ANNEXATION OF APPROXIMATELY 230 ACRES OF LAND IN THE
ORCUTT AREA, AND ADOPTING A NEGATIVE DECLARATION FOR
THE PROJECT, ANNX/ER 81 -10
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 21, 2010, for the purpose of considering Planning Application ANNX/ER 81 -10, a
project to annex the Orcutt area in its entirety; and
WHEREAS, the Orcutt Area Specific Plan was adopted by the City Council on March 2,
2010, satisfying the requirements of General Plan Land Use Element policy 2.3.1, which requires
adoption of a specific plan prior to annexation; and
WHEREAS, the proposed annexation is necessary for the City to implement the adopted
specific plan; and
WHEREAS, the City Council considered the Initial Study and Negative Declaration of
Environmental Impact (ER 81 -10) for the project, and determined that the document adequately
addresses the potential environmental effects of the proposed annexation; and
WHEREAS, the City Council desires to initiate annexation proceedings pursuant to the
Cortese - Knox - Hertzberg Local Government Reorganization Act of 2000; and
WHEREAS, notice of intent to adopt this resolution of intention has been given; and
WHEREAS, the proposed annexation is consistent with the adopted Sphere of Influence
for the City of San Luis Obispo; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff, presented at
said hearing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. Based upon all the evidence, the City Council makes the
following findings:
1. Annexation of land in the Orcutt Area will promote the public health, safety and welfare
by ensuring that all new development complies with the comprehensive land use plan and
property development standards established in the Orcutt Area Specific Plan.
R 10221
I
Resolution No. 10221 (2010 S'enes)
Page 2
2. The proposed annexation includes the entire Orcutt Area as a single phase annexation,
which will facilitate and help to ensure orderly development.
3. The proposed annexation of land in the Orcutt Area is consistent with Housing Element
Policy 6.17, which says that the City will actively pursue annexation prior to December
2010.
4. The proposed Negative Declaration for the project adequately addresses the
environmental impacts of the project because annexation does not create any environmental
effects that are different from those identified in the Final EIR for the Orcutt Area Specific
Plan.
SECTION 2. Environmental Review. The City Council does hereby adopt a Negative
Declaration for the project.
SECTION 3. Action. The City Council does hereby request the Local Agency
Formation Commission initiate proceedings to annex the approximately 230 acres of land in the
Orcutt Area as identified and incorporated herein by reference in Exhibit A.
Upon motion of Vice Mayor Carter, seconded by Council Member Settle, and on the
following vote:
AYES:
Council Members Ashbaugh and Settle, Vice Mayor Carter and Mayor
Romero
NOES:
None
ABSENT:
None
RECUSED:
Council Member Marx
The foregoing resolution was adopted this 21 s` day of September 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
LXJ.'Cl-instine Dietrick
""" City Attorney
Resolution No. 10221 (2010 �-eries)
Page 3
BRIARWOOD
Exhibit A
Orcutt Area Annexation
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8/30/2010
RESOLUTION NO. 10220 (2010 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE
TRANSFER OF EXISTING BEACH CITIES CAB COMPANY CERTIFICATE OF
PUBLIC CONVENIENCE AND NECESSITY AND ALL RELATED
TAXI PERMITS TO NEW OWNER
WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi
service for its citizens; and
WHEREAS, Beach Cities Cab (BCCC), 234 -Taxi L.L.0 and Surf Cab Company are the
current taxi operators in the City of San Luis Obispo; and
WHEREAS, the City has received an application from Masood Babaeian, owner of Tri
Counties Transit Inc., to transfer the BCCC Certificate of Convenience and Necessity and all 20
related taxi permits to him so that he can operate a taxi service doing business as Yellow Cab
Company of San Luis Obispo County, in the City as a separate entity; and
WHEREAS, in accordance with the provisions of San Luis Obispo Municipal Code
Chapter 5.20, the City has evaluated the demand for taxi service in the City; and
WHEREAS, the City has determined the need for service as provided by Beach Cities
Cab Company in the City should continue and that its transfer to Masood Babaeian should be
allowed on a one year trial basis.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council finds there is a need for taxi service in the City of San
Luis Obispo
SECTION 2. The rates as set forth below submitted by Tri Counties Transit Inc DBA
Yellow Cab Company of San Luis Obispo County, were reviewed by the City Council on
September 21, 2010 and are hereby approved.
*One year trial basis
Fee Type
Tri Counties Transit Inc
DBA
Yellow Cab Co. of SLO County
Pick U
$3.00
Per Mile
$ 3.00
* Wait Time Per/Hr
$ 25.00
Surcharge (2:30 am -6 am)
None
Credit Card Use
None
Minimum Charge
None
R 10220
Resolution No. 10220 (2010 Series)
o
Page 2
SECTION 3. The City Manager or her designee is hereby authorized to transfer the
existing Certificate of Public Convenience and Necessity and 20 Taxi Permits assigned to Beach
Cities Cab Company to the new owner Masood Babaeian, of Tri Counties Transit Inc, DBA
Yellow Cab Company of San Luis Obispo County, on a one -year trial basis.
SECTION 4. City Staff will monitor the performance of the new ownership during the
one year trial period and, if there are no violations of the pertinent municipal code provisions, the
transfer of the certificates will become permanent, subject to continuing good performance.
On motion of Council member Settle, seconded by Vice Mayor Carter, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21" day of September 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
. Christine Dietrick
City Attorney
RESOLUTION NO. 10219 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO REDUCING THE TEN (10)
ADDITIONAL TAXI PERMITS APPROVED FOR 234 -TAXI, LLC TO THREE (3)
WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi
service for its citizens; and
WHEREAS, Beach Cities Cab, 234 -Taxi, LLC and Surf Cab Company are the current
taxi operators in the City of San Luis Obispo; and
WHEREAS, in accordance with the provisions of San Luis Obispo Municipal Code
Chapter 5.20, the City had evaluated the demand for additional taxi permits in the City; and
WHEREAS, the City had determined the need for an additional ten (10) taxi permits in
the City assigned to 234 Taxi -LLC on a one -year trial basis that was approved on July 21, 2009;
and
WHEREAS, 234 -Taxi, LLC has not expanded their fleet vehicles operating in the City
during the last twelve months due to the present economy.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Manager or her designee is hereby authorized to reduce the
unused number of ten (10) additional Taxi Permits authorized on July 20, 2009 under the
existing Certificate of Public Convenience and Necessity for 234 -Taxi LLC to three (3) within
thirty (30) days of the Council action. The total number of permits assigned to 234 -Taxi, LLC
after such action would be nine (9).
Upon motion of Vice Mayor Carter, seconded by Council Member Settle, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10219
Resolution No. 10219 (2010 Series) O
Page 2
The foregoing resolution was adopted this 21St day of September 2010.
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
0 0
RESOLUTION NO. 10218 (2010 Series)
A RESOLUTION 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. 10032 (2008 Series) adopted on October 21, 2008 amended
the City's Conflict of Interest Code by updating the Appendix (List of Designated Positions and
Disclosure Categories — Exhibit A); 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. 10032 (2008 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 Exhibit A are adopted as the
City of San Luis Obispo's Conflict of Interest Code.
Upon motion of Vice Mayor Carter, seconded by Council Member Settle, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10218
Resolution No. 10218 (2010 Series) O
Page 2
The foregoing resolution was adopted this 21" day of September 2010.
e 10 Ed I
• 1. • M • •
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
City Attorney
O O
LIST OF DESIGNATED POSITIONS
AND DISCLOSURE CATEGORIES'
POSITION
Administrative Office:
Assistant City Manager
Economic Development Manager
Natural Resources Manager
Principal Administrative Analyst
City Attorney:
Assistant City Attorney
City Clerk:
City Clerk
EXHIBIT A
DISCLOSURE CATEGORY
1
3
3
1
Community Development:
Assistant Chief Building Official 3
Assistant Planner(s) 3
Associate Planner(s) 3
Building Inspector(s) 3
Building Permit Coordinator 3
Chief Building Official 3
Code Enforcement Officer UII 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
Supervising Administrative Assistant 2
Finance & Information Technology Department:
Accounting Supervisor 2
Revenue Supervisor 2
Finance Manager 2
Information Technology Manager 2
Telecommunications Supervisor 2
Network Services Supervisor 2
Administrative Analyst 2
'The Mayor and Council Members, Planning Commissioners, City Manager, 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.
0
Fire Department:
Fire Marshal
Battalion Chiefs)
Fire Chief
Fire Inspector
Hazardous Materials Coordinator
Human Resources Department:
Human Resources Analyst
Human Resources Director
Risk and Benefits Manager
Parks & Recreation Department:
Director of Parks and Recreation
Golf Course Supervisor
Recreation Manager
Recreation Supervisor — Sports
Recreation Supervisor - Aquatics
Recreation Supervisor - Children's Services
Recreation Supervisor - Facilities
Recreation Supervisor — Ranger Service
Recreation Supervisor — Teens, Boomers, Seniors
Recreation Supervisor — Special Events, Skate Park
Police Department:
Administrative Analyst
Chief of Police
Communications and Records Manager
Neighborhood Services Manager
Police Captain(s)
Police Lieutenant(s)
Public Works Department:
Administrative Analyst
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
Engineering Inspector 1-4
Fleet Maintenance Supervisor
Parking Manager
Parks Maintenance Supervisor
Permit Technician
Principal Transportation Planner
Public Works Maintenance Supervisor
1
3
3
1
3
3
2
1
2
1
2
2
2
2
2
2
2
2
2
2
2
2
2
2
2
3
2
2
2
2
1
3
3
2
2
2
3
2
2
EXHIBIT A
Senior Civil Engineer
Senior Construction Inspector
Street Maintenance Supervisor
Supervising Administrative Assistant(s)
Supervising Civil Engineer
Transit Manager
Utilities Department:
Deputy Director of Utilities — Wastewater
Deputy Director of Utilities — Water
Industrial Waste Manager
Industrial Waste Inspector
Senior Administrative Analyst
Utilities Director
Utilities Conservation Manager
Utilities Projects Manager
Wastewater Collection Supervisor
Wastewater Treatment Plant Supervisor
Water Distribution Supervisor
Laboratory 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:
Consultantsz
Housing Authority Executive Director
Temporary Positions
DISCLOSURE CATEGORIES
Category Reportable Interests
0
2 EXHIBIT A
2
2
2
2
2
2
2
1
1
2
1
3
3
2
2
2
2
2
2
3
3
3
2
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.
2 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.
3 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
0
EXHIBIT A
real property located within the jurisdiction, including property located within a two -
mile radius of any property owned or used by the City.
`Consultants 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 Manager 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 consultants duties and, based upon that description, a statement of the extent
of disclosure requirements. The City Manager'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 Manager, 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.
m"remporary 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.
RESOLUTION NO. 10217 (2010 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING ITS INTENTION
TO CONTINUE THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT
DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE ASSESSMENT
FOR THE DISTRICT, AND TO SET DATES FOR THE PUBLIC HEARINGS ON THE
DISTRICT AND THE ASSESSMENT FOR 2010 -11
WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq.
of the Streets and Highways Code, authorizes cities to establish business improvement districts
for several purposes, one of which is promotion of tourism; and
WHEREAS, the lodging businesses within the proposed City of San Luis Obispo
Tourism Business Improvement District requested the City of San Luis Obispo establish such a
self - assessment improvement district in 2008; and
WHEREAS, the San Luis Obispo Tourism Business Improvement District was
established in July 2008 and incorporated into the Municipal Code under Chapter 12.42; and
WHEREAS, the City Council appointed an advisory board to provide oversight,
guidance, and recommendations regarding the use of the assessment funds; and
WHEREAS, the City Municipal Code and the Parking and Business Improvement Law
require the advisory board to prepare and submit an annual report stating proposed changes,
improvements and activities for the fiscal year; and
WHEREAS, this report was filed and approved by the City Council on September 17,
2010.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
a) The San Luis Obispo City Council proposes, to continue the established Tourism
Business Improvement District in the City of San Luis Obispo in accordance with City
Municipal Code Chapter 12.42 and the California Streets and Highways Code, sections
36500 et seq. (Parking and Business Improvement Law of 1989).
b) The assessment levied by the Tourism Business Improvement District shall be used to
promote lodging at the hotels within the district and administer marketing programs that
increase overnight stays.
c) The assessment will be levied and allocated by the City of San Luis Obispo.
d) The assessment is proposed to be levied on all "hotels ", as that term is defined in San
Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any
structure, which is occupied or intended or designed for occupancy by transients for
R 10217
Resolution No. 10217 (2010 Series)
Page 2
dwelling, lodging or sleeping purposes, and .includes any hotel, inn, tourist home or
house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment
house, dormitory, public or private club, mobile home or house trailer at a fixed location,
or other similar structure or portion thereof.
e) The assessment shall be based on two percent (2 %) of gross room rent.
f) New hotels, opening for business after the date the assessment proposed herein is
levied, shall be subject to the assessment in accordance with San Luis Obispo Municipal
Code Chapter 12.42.
g) The public hearing, held pursuant to the City Municipal Code Chapter 12.42 and the
Parking and Business Improvement Law of 1989, section 36535 of the Streets and
Highways Code, is to allow for comments on the District and proposed assessment, and is
hereby set for 7 P.M., Tuesday, October 19, 2010, before the City Council of San Luis
Obispo at the City Council Chambers at 990 Palm Street, San Luis Obispo, California.
h) At the public hearing, the testimony of all interested persons for or against the
continuation of the District, the boundaries of the District, or the furnishing of specified
types of improvements or activities will be heard.
i) Any protest against the continuation of the City of San Luis Obispo Tourism Business
Improvement District and the levying of the assessment, or any aspect thereof, may be
made in writing. A protest may be withdrawn at any time before the conclusion of the
public hearing. Any written protest shall contain a description of the business in which
the person signing the protest is not shown on the official records of the City of San Luis
Obispo as the owner of the business, then the protest shall contain or be accompanied by
written evidence that the person is the owner of the authorized representative of the
business. Any protest as to the regularity or evidence of the proceedings shall be in
writing and clearly state the irregularity or defect to the City of San Luis Obispo at 990
Palm Street, San Luis Obispo, CA 93401.
j) If, at the conclusion of the public hearing, there are of record written protests by the
owners of businesses within the proposed San Luis Obispo Tourism Business
Improvement District that will pay fifty percent (50 %) or more of the total assessments of
the entire San Luis Obispo Tourism Business Improvement District, no further
proceedings to continue the San Luis Obispo Tourism Business Improvement District
shall occur. New proceedings to form the San Luis Obispo Tourism Business
Improvement District shall not be undertaken again for a period of at least one (1) year
from the date of the finding. If the majority of written protests are only as to an
improvement or activity proposed, then that type of improvement or activity shall not be
included in the San Luis Obispo Tourism Improvement District.
BE IT FURTHER RESOLVED, the City Clerk is instructed to provide notice as
required by the City Municipal Code Chapter 12.42 and the Parking and Business Improvement
Law of 1989, section 36534, subpart (7) of the Streets and Highways Code, to wit: the City Clerk
Resolution No. 10217 (2010 Series) U
Page 3
shall give notice of the public hearing by causing the resolution of intention to be published once
in a newspaper of general circulation in the City no less than seven days before the public
hearing.
Upon motion of Council Member Marx, seconded by Council Member Ashbaugh, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21st day of September 2010.
Mayor David F. Romero
ATTEST:
C
e�a4. "L' LL
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
City Attorney
RESOLUTION NO. 10216.(2010 Series)
0
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING AN
AMENDING MAP AND A BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT
FOR TRACT 2707 (953 ORCUTT)
WHEREAS, the City Council made certain findings concerning the final map for
Tract 2707, as prescribed in Resolution No. 9928 (2007 Series); and
WHEREAS, the final map was filed in office of the county recorder of San Luis Obispo
County on December 7, 2007; and
WHEREAS, adoption of the 2007 California Building Code created changed
circumstances that made certain conditions of the map no longer appropriate; and
WHEREAS, subdivider has submitted an amending map modifying some of the lot lines
and easements shown on the recorded map to address the change in circumstances; and
WHEREAS, Section 66472.1 of the California Government Code and Section 16.14.1201
of the City Municipal Code provide for a means to amend a map due to changed circumstances; and
WHEREAS, the modifications shown on the amending map do not impose any additional
burden on the fee owners of the real property; and
WHEREAS, the modifications shown on the amending map do not alter any right, title, or
interest in the real property reflected on the recorded map; and
WHEREAS, the map as modified conforms to California Government Code Section 66474;
and
WHEREAS, City Council held a duly noticed public hearing to consider the proposed
modifications, as required by Section 66472.1 of the California Government Code and Section
16.14.120.G of the City Municipal Code; and
WHEREAS, open space easements were dedicated on the recorded map; and
WHEREAS, the changed circumstances will result in minor encroachments into the open
space easements; and
WHEREAS, a Biological Open Space Easement Agreement is required to address the
minor encroachments into the open space easement and to restrict property owners' use of the
easement areas.
R10216
Resolution No. 10216 (2010 Series)
o
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The amending map for Tract No. 2707 as shown on the attached Exhibit "A"
is hereby approved.
SECTION 2. The Biological Open Space Easement Agreement as shown on the attached
Exhibit "B" is hereby approved.
SECTION 3. The Mayor and City staff are authorized to take action necessary to carry out
the intent of this resolution.
Upon motion of Council Member Ashbaugh, seconded by Vice Mayor Carter, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of September 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO
J. Christine Dietrick
City Attorney
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RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City of San Luis Obispo
Public Works Department
919 Palm Street
San Luis Obispo, CA 93401 -3249
Exhibit "B"
BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT
FOR TRACT 2707
APN 053- 064 -001 and 053- 064002
This Biological Open Space Easement Agreement, is made and entered into this
day of Baal"+ , 20 l o , by and between CITYVIEW
LAUREL CREEK 178, L.P., a Delaware limited partnership, hereinafter called "Owner ",
and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of
California, hereinafter called "City ".
WITNESSETH
WHEREAS, Owner possesses certain property (the "Subject Property") situated
within the City of San Luis Obispo, described as follows: Lots A and B of Tract 2707 in
the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown in
Book of Maps Pages _ to
County, and
in the office of the County Recorder of said
WHEREAS, the Subject Property has certain natural biological resources, natural
scenic beauty and existing openness of importance to the community, and
1
0
Exhibit "B"
WHEREAS, an offer of dedication of a biological open space easement was
required pursuant to PD Mandatory Project Feature #13 of City Ordinance No. 1485
(2005 Series) rezoning the Tumbling Waters project site and approving the development
plan, which authorized development of a 178 -unit residential subdivision of which the
Subject Property is a part; and
WHEREAS, both Owner and City desire to preserve and conserve for the public
benefit the biological diversity, natural scenic beauty and existing openness and other
natural conditions on the Subject Property, and
WHEREAS, the Owner has offered to dedicate this biological open space
easement to preserve the above described values by restricting Owner's use of and
activities on the Subject Property through the imposition of a perpetual biological open
space easement with the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the above recitals, in compliance with
Chapter 6.6 of Part I of Division 1 of title 5 of the Government Code of the State of
California commencing with Section 51070, and in further consideration of the mutual
promises, covenants and the conditions herein contained and the substantial public
benefits to be derived therefrom, the parties agree as follows:
1. Owner hereby grants to City a biological open space easement (the
"Easement ") over the Subject Property (the "Easement Area')— Said grant of
easement conveys to City an estate and interest in the Subject Property. The
2
&hlblt °lit'
purpose of the easement is to protect said biological diversity, natural scenic
beauty and existing openness and other natural conditions by voluntarily
restricting the use of the Easement Area as hereinafter set forth.
2. The restrictions hereby imposed upon the use of the Easement Area by Owner
and the acts which Owner shall refrain from doing upon the Easement Area
are, and shall be, as follows:
a. No structures shall be placed or erected within the Easement Area, except
as allowed in item 2(b) below. If desired, "see- through" fencing
appropriate to open space preservation may be allowed if approved by the
City's Architectural Review Commission.
b. Portions of the pedestrian path and associated improvements such as
pathway lighting, conduit, minor retaining wall adjacent to path, and
landscape irrigation may be constructed within the Easement Area. Said
encroachment shall be subject to review and approval by the City's
Community Development Director and Natural Resources Manager.
c. No signs, billboards, or similar structures or devices or advertising of any
kind or nature may be located on or in the Easement Area
d. Owner shall not plant or permit to be planted any vegetation within the
Easement Area, except for erosion control, fire protection, or soil
stabilization as allowed or approved by the City's Natural Resources
Manager or his/her designee.
e. Owner shall not remove or permit to be removed any vegetation within the
Easement Area, except as reasonably necessary for fire protection, hazard
3
�Xhibit 11811
abatement, or replacement or removal of dead vegetation, as allowed or
approved by the City's Natural Resources Manager or his/her designee.
f. No extraction of surface or subsurface natural resources shall be allowed.
g. The general topography of the Easement Area shall be preserved in its
natural condition.
3. This Easement shall remain in effect in perpetuity.
4. This grant may not be abandoned by the City except pursuant to all of the
provisions of Section 51093 of the Government Code of the State of
California.
5. This grant of biological open space easement, as specified in Section 51096 of
the Government Code of the State of California, upon execution and
acceptance in accordance with Chapter 6.6 of Part 1 of Division 1 of Title 5 of
the Government Code of the State of California commencing with Section
5I070, shall be deemed an enforceable restriction within the meaning of
Article XIH, Section 8 of the Constitution of the State of California.
6. Land uses permitted or reserved to the Owner by this grant shall be subject to
the ordinances of the City regulating the use of land.
7. The City shall have the right of access to remove any drainage obstructions as
needed to provide for the conveyance of creek flows, subject to the review and
approval of other agencies with regulatory control over work done in the
riparian corridor, specifically the State Department of Fish and Game and the
U. S. Army Corps of Engineers.
4
Exhiblt "B"
8. The terms and conditions contained herein shall be binding on the parties
hereto and their heirs, successors and assigns.
IN WITNESS WHEREOF, the parties hereto have executed this document on the day
and year first written above.
OWNER /GRANTOR
CITYVIEW LAUREL CREEK 178, L.P.,
a Delaware limited partnership
By: CityView Laurel Creek, LLC,
a Delaware limited liability company,
its General Partner
By:
Sean Burton,,Managing Duector.
ALL SIGNATURES MUST BE NOTORIZED
CITY OF SAN LUIS OBISPO
David F. Romero, Mayor
ATTEST:
CITY CLERK Elaina Cano
APPROVED AS TO FORM:
CITY ATTORNEY Christine Dietrick
F',
_Exhibit "B"
CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT
State of California rr
County of %�� �Gtd. tt-5
On � Z 201obefore me, l �� 00
Me e Ha o Insw Ram =VU0 a we onlcor
personally appeared V (- �-a
who proved to me on the basis of satisfactory
evidence to be the personal whose nameN) is/are,
subscribed to the within instrument and acknowledged
to me that he /sgeAhey executed the same in
110 ID J. KOOPum hisAmg*eir authorized capacity(**, and that by
6ommisaton s fttlM his/ger*teir signatures) on the instrument the
LID Los Pu00e • California persoirs), or the entity upon behalf of which the
�
gales Connyr fi Ires Nov 14, 2015 personk acted, executed the instrument.
M Comm•
I certify under PENALTY OF PERJURY under the
laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my nd and offic' I seal.
Sig �f
Place Notary Soal ardor Stmry Above Slpnature tf NtfikP,bAC
OPTIONAL
Though Me tnformatlon below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document r !
Title or Type of Document: IkA ol oa%['a l 0 I;e ki CpMA'i Ina MOA- l
Document Date: 'A —
Signer(s) Other Than Named Above:
Capacity(les) Claimed by Signer(s)
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
❑ Partner — ❑ Limited ❑ General
Top or Numb here
❑ Attorney in Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other.
Signer Is Representing:
Number of Pages:
"S
Signer's Name:
❑ Corporate Officer — Title(s):
❑ Individual
O Partner — ❑ Limited ❑ General Top of Numb hem
❑ Attorney in Fact
• Trustee
• Guardian or Conservator
• Other.
Signer Is Representing:
02008 National Notary A9appatgn • 935f J10 Ava . F.O. BOX 2402.
Ch=wOrth, C^ Q'' ".1.2402 -w .NallonalN=: ' L..; , .: 05907 Raoraar; CWI TobF W I.BW- 676-Ba27
O O
RESOLUTION NO. 10215 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A FEE FOR
THE PROCESSING OF DEVELOPMENT AGREEMENT APPLICATIONS
WHEREAS, it is the policy of the City of San Luis Obispo to review service charges on
an ongoing basis and to adjust them as required to ensure that they remain adequate to achieve
adopted cost recovery goals; and
WHEREAS, the City maintains and regularly updates its Master Fee Schedule; and
WHEREAS, the City of San Luis Obispo Municipal Code, Section 17.94.050 (Fees),
provides that "the Council shall establish, and from time to time may amend, a schedule of fees
to cover the City's costs of processing applications for Development Agreements;" and
WHEREAS, the Director of Community Development has determined that the adoption
of the proposed development fee is statutorily exempt from the provisions of the California
Environmental Quality Act (CEQA) under Section 15273 of the State CEQA Guidelines as the
purpose of these charges is to meet operating expenses; and
WHEREAS, the Council considered amendments to the master fee schedule at a public
hearing on April 21, 2009 based on a detailed analysis of costs and funding requirements to meet
cost recovery goals for development review activities.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City's master fee schedule is hereby amended to include a Development
Agreement Fee as shown in Exhibit A, effective November 7, 2010.
Upon motion of Council Member Marx, seconded by Council Member Ashbaugh, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10215
Resolution No. 10215 (2010 Series)
Page 2
The foregoing resolution was adopted this 7th day of September 2010.
/iii
or David F. Romero
ATTEST:
004 ,
Elaina Cano
City Clerk
APPROVED AS TO FORM:
r7
Christine Dietrick
City Attorney
11116111171
city of san Luis osispo - planninc, seRvices fee schebute
The following fees and charges for planning services were approved by City Council Resolution on May 2,
1995, went into effect on August 28, 1995, and are adjusted annually, each July 1St, to reflect changes in
the Consumer Price Index. (New fees effective November 7, 2010)
ZONING SERVICES I OTHER PLANNING SERVICES
Sidewalk Sales Permit .......................... .........................112.00
Environmental Impact Report
Pre - Application Review .................. ...............................
514.00
Pre - Application Review w /site check .........................
1,027.00
Home Occupation Permit ............... ...............................
129.00
Administrative Use Permit .............. ...............................
802.00
High Occupancy Residential Use Permit
1,335.00
Creek Setback Exception Use Permit
2,670.00
Nightclub Use Permit
1,039.00
Secondary Dwelling Units
1,449.00
Determination of Code Consistency ......................
1,039.00
Planning Commission Use Permit ..............................
3,057.00
Downtown Housing Conversion Permit ......................4,259.00
470.00
Variance......................................... ...............................
875.00
Planned Development Permit
376.00
Rezoning....................... ...............................
8,286.00
Plan Amendment ........... ...............................
1,715.00
Rezoning
5,183.00
Map Amendment ........... ...............................
6,216.00
Text Amendment ........... ...............................
8,690.00
Time Extension /Modification .............. 25% of current
filing fee
Non - Profit Special Event Fee ........... ...............................
60.00
Mills Act Participatin Application .. ...............................
3,637.00
Affordable Housing Incentive Request ..........................
238.00
Land Use Documentation Requests .............................
172.00
Administrative Approval Applications ............................
287.00
Sidewalk Cafes ......... ..........................$1.00 per sq. ft. /mo.
Building & Zoning Clearance + Bus. License ................
131.00
Projects with Seismic Strengthening ...............................
40.00
Of Unreinforced Masonry Building
School Tenant Permit ..................... ...............................
802.00
GENERAL & SPECIFIC PLANS
Specific Plan Amendment ........ ...............................
General Plan Amendment
Map (includes rezoning) ............................
Text.............................. ...............................
ANNEXATIONS
Environmental Impact Determination * ....................... 2,404.00
(Project may be subject to Fish and Game Fees)
EIR..................................... ............................... 2,792.25
MND................................... ............................... 2,010.25
Environmental Impact Study:Historic Resources" 498.00
Environmental Impact Report
Consultant Contract plus 30% for administrative & review
services
Architectural Review
Signs...................................... ...............................
1,368.00
Conceptual Review ................ ...............................
1,335.00
Development Projects ............. ...............................
2,670.00
Minor - incidental ...................... ...............................
1,039.00
Plan Revision .......................... ...............................
1,449.00
Time Extension /Modification.......... 25% of current
filing fee
Christmas Tree /Pumpkin Lot/Outdoor Sales ...............
289.00
Fence Height Exception ................ ...............................
470.00
Voluntary Merger'" ........................ ...............................
476.00
Agreements'" ................................ ...............................
376.00
Bonds /Guarantees (voluntary) ...... ...............................
607.00
Change of Address ........................ ...............................
106.00
Street Name Change .................. ...............................
5,183.00
Street Abandonment ................ ...............................
10,101.00
Development Agreement .............................. time & materials
Airport Land Use Commission Plan Review Fees
Administrative Review (per application ) ....................... 113.00
Reviews requiring ALUC Hearings ............................... 453.00
13,850.00 1 SUBDIVISION SERVICES
15,135.00
15,818.00
Annexation................................ ............................... 20,171.00
Lot Line Adjustment .................... ............................... 1,392.00
Tentative Subdivision Map
(4 or less lots) - parcel map .......................... 6,499.00
(5 or more lots) - tract map ........................... 8,426.00
each additional lot + 215 /Lot
Certificate of Compliance " ........ ............................... 1,514.00
Time Extension /Modification ............. 25% of current filing fee
To finalize subdivision projects, there may be additional
Engineering Fees. Please check with that department at
781 -7200.
" Includes a $50 County Filing Fee
* " Recording Fees Required
11 -7 -10
Effective July 1, 2009, per Resolution 10083 (2009 Series) amending the City's Master Fee Schedule, the balance of
remaining development review fees for planning services (equal to 449/6 of combined plan check and construction
permit fees) will be collected at the time of building permit issuance.
GENERAL PLAN (Binder Version) ............................... 40.00
• Land Use Element Text
• Circulation Element
• Housing Element
• Noise Element
• Safety Element (includes Seismic Safety)
• Conservation and Open Space Element
• Parks and Recreation Element
• Water & Wastewater Element
GENERAL PLAN (on CD) ................. ............................... 5.00
GENERAL PLAN on the web: www. slocity.org ................Free
OTHER PUBLICATIONS
Archaeological Resources Preservation Guidelines......... 3.50
Checklist for Good Neighbors ............ ............................... Free
Community Design Guidelines ........... ...............................
6.00
Consumer's Guide to Hiring an Architect ..........................
Free
High Occupancy Residential Use Regulations .................
Free
Historical Preservation Program Guidelines ....................
3.00
How Many Dwellings Can You Build? ...............................
Free
LeafletLeaflet .......... ............................... ...........................Free
11"x 17" .......................... ............................70¢
Laguna Lake Master Plan .................. ...............................
4.00
Mid - Higuera Enhancement Plan ...... ...............................
10.00
Noise Guidebook .............................. ...............................
3.50
Parking and Driveway Standards ...... ...............................
4.00
Public Art — Policies and Procedures . ...............................
2.25
Railroad District Plan ........................ ...............................
10.00
Renter's Checklist for Safe Housing ... ...............................
Free
Secretary of the Interior's Standards for the
Treatment of Historic Properties . ...............................
7.00
SLO Downtown Housing Study ......... ...............................
5.50
Street Tree Planting ........................... ...............................
1.00
Vehicle Maneuvering Template Transparency .................
1.00
Visual Arts in Public Places ................ ...............................
Free
SPECIFIC PLANS
Airport Area Specific Plan ................. ............................... 4.50
Edna -Islay Specific Plan .................... ............................... 7.00
Higuera Commerce Park Specific Plan ............................ 1.00
Margarita Area Specific Plan ............. ............................... 6.00
iii Aff"
PUBLIC WORKS DEPT. DOCUMENTS
Access & Parking Management Plan ..............................
Free
Bicycle Transportation Plan ................. ..........................12.00
Engineering Standards ........................ ..........................11.00
Neighborhood Traffic Management Guidelines ...............3.00
Short Range Transportation Plan .......... ...........................7.00
Standard Specifications ................... ...............................
5.00
Construction Codes (SLO Amendments) ........................ 2.00
Demolition and Building Relocation Codes .......................500
Sign Regulations ..... ............................... ...........................8.00
Subdivision Regulations ................... ............................... 5.50
Zoning Regulations Text ....................... ..........................10.00
MAPS & COPIES
Creek Map (Color) ... ............................... ...........................2.50
Creek Setback Classes Map .................. ...........................1.50
General Plan Land Use Element Map (color) ....................8.00
Zoning Regulations Map ( color) .............. ...........................8.00
Photo Copies:
Standard or Legal Size .... ............................35¢
/page
11"x 17" .......................... ............................70¢
/page
Faxes (per page) .. ............................... ......................2.60
/page
Microfiche Copies:
8-1/2" x 11" (in house) ..... ............................35¢ /page
Copies Billed by MPI:
8-1/2" x 11" ...................... ............................50¢ /page
11" x 17" .......................... ...........................2.60 /page
18" x 24" ............................... ......................3.10 /page
POSTERS
Downtown Conceptual Physical Plan ..... ...........................5.00
Historic Railroad District Plan ................ ..........................10.00
Natural San Luis Obispo ........................ ..........................10.00
Other Services
Audio Tapes ( copies) ....... ............................... $13.00 per tape
CD copies of available EIR's ............ ............................... 10.00
Documents on CD (over the counter) . ............................... 7.00
Documents on CD (mailed) .............. ............................... 11.00
DVDs ............................... ............................... (per DVD) 27.00
11 -7 -10
Effective July 1, 2009, per Resolution 10083 (2009 Series) amending the City's Master Fee Schedule, the balance of
remaining development review fees for planning services (equal to 44% of combined plan check and construction
permit fees) will be collected at the time of building permit issuance.
RESOLUTION NO. 10214 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE
EXPENDITURE OF PROP IB, PUBLIC TRANSPORTATION MODERNIZATION,
IMPROVEMENT, AND SERVICE ENHANCEMENT
ACCOUNT (PTMISEA) FUNDING
WHEREAS, the City of San Luis Obispo operates the San Luis Obispo ( "SLO ") Transit;
and
WHEREAS, The City of San Luis Obispo and SLO Transit are eligible applicants for
California Proposition Fund Program Policies and Procedures; and
WHEREAS, the City of San Luis Obispo has allocated a portion of Proposition 1 B,
Public Transportation Modernization, Improvement, and Service Enhancement Account
( "PTMISEA ") funding to be used for SLO Transit capital projects; and
WHEREAS, the City of San Luis Obispo is requesting up to $25,689 in 2009 /10 funding
year cycle from the PTMISEA program for the SLO Transit radio replacement project; and
WHEREAS, a grant of State 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.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Manager or his/her designee is authorized to execute for and on
behalf of the City of San Luis Obispo, a public entity established under the laws of the State of
California, any actions necessary in the submittal of this or future applications for the purpose of
obtaining financial assistance provided by the Proposition iB, Public Transportation
Modernization, Improvement, and Service Enhancement Account (PTMISEA).
R 10214
Resolution No. 10214 (2010 Series)
Page 2
Upon motion of Council Member Settle, seconded by Council Member Marx, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of September 2010.
i
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
RESOLUTION NO. 10213 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DESIGNATING NINE TREES
AS HERITAGE TREES AT 20 AND 50 HIGUERA STREET
WHEREAS, the City Council approved a Heritage Tree Program for the City of San
Luis Obispo in 1971; and
WHEREAS, the Tree Committee and staff has identified, reviewed and recommends the
following trees to be designated as Heritage Trees; and
WHEREAS, these nine trees are large and healthy specimens thriving on the alluvial
soils of this site and the trees have added to the beauty of the south part of San Luis Obispo; and
WHEREAS, these trees planted in the 1930's to 1950's create a grove of native and
introduced species that add a great deal to the historic and horticultural development of San Luis
Obispo. The trees are accessible to the public for viewing and enjoyment.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo to designate the following as Heritage Trees:
1. Incense Cedar (Calocedrus decurrens) 50 Higuera
2. Incense Cedar (Calocedrus decurrens) 50 Higuera
3. California Sycamore (Platanus racemosa) 50 Higuera
4. California Sycamore (Platanus racemosa) 20 Higuera
5. Queen Palm (Syagrus romanzoffianum) 20 Higuera
6. California Sycamore (Platanus racemosa) 20 Higuera
7. California Sycamore (Platanus racemosa) 20 Higuera
8. California Sycamore (Platanus racemosa) 50 Higuera
9. Blackwood Acacia (Acacia melanoxylon) 50 Higuera
Upon motion of Council Member Settle, seconded by Council Member Marx, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10213
Resolution No. 10213 (2010 Series) O
Page 2
The foregoing resolution was adopted on this 7`h day of September 2010.
(I,- �� tl
Romero
Mayor David F. Rome
ATTEST:
�w
KZ1
Elaina Cano
City Clerk
APPROVED AS TO FORM:
J. Christine Dietrick
City Attorney
� o
RESOLUTION NO. 10212A (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DEDICATING THE SAN LUIS
OBISPO EMERGENCY COMMUNICATIONS CENTER IN HONOR OF SAN LUIS
OBISPO CITY FIRE CHIEF JOHN W. CALLAHAN
WHEREAS, Chief John W. Callahan was appointed Chief of the City of San Luis
Obispo Fire Department on November 1, 2005; and
WHEREAS, prior to his appointment as San Luis Obispo City Fire Chief, Chief
Callahan had a distinguished 32 -year career with the City of Los Angeles Fire Department, where
he retired as Deputy Chief, second in command of that agency; and
WHEREAS, Chief Callahan's leadership commanded the respect and admiration of his
Department, the City organization, and his peers in the fire service; and
WHEREAS, Chief Callahan set a high bar for professionalism and excellence that will
have a lasting effect on the San Luis Obispo Fire Department; and
WHEREAS, Chief Callahan faithfully served the entire San Luis Obispo Community
through his participation as a Board member of the local YMCA, as a volunteer for Court
Appointed Special Advocates (CASA), and as a Board member of the Rotary Club of San Luis
Obispo de Tolosa; and
WHEREAS, Chief Callahan's support and guidance were instrumental to the successful
development of the City's newly opened Emergency Communications Center; and
WHEREAS, Chief Callahan was a beloved husband, father, grandfather, friend,
colleague, community member, and role model, both professionally and personally; and
WHEREAS, Chief Callahan's personal and professional legacy will benefit our
community and the Fire Department he led far beyond his death.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo:
SECTION 1. In recognition of Chief John Callahan's outstanding leadership and
committed service to the City of San Luis Obispo, the City of San Luis Obispo Emergency
Communications Center shall hereafter be dedicated as the "John W. Callahan Memorial
Emergency Communications Center."
SECTION 2. A proclamation memorializing this dedication shall be provided to the
Callahan family in appreciation of Chief Callahan's dedicated service to the City.
R 10212A
Resolution No. 10212A ( 10 Series)
Page 2
Upon motion of Vice Mayor Carter, seconded by Council Member Marx, and on the
following vote:
AYES: Council Members Ashbaugh and Marx, Vice Mayor Carter and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was adopted this 26th day of August 2010.
iii/ "W"
• �. • ' • . •
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO
istine Dietrick
City Attorney
RESOLUTION NO. 10212B (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING MEMORIAL
SERVICES FOR FIRE CHIEF JOHN CALLAHAN AS A CITY EVENT AND
AUTHORIZING THE USE OF CITY STAFF SUPPORT AND FACILITIES IN
ASSOCIATION WITH THE MEMORIAL EVENT
WHEREAS, on August 18, 2010, Fire Chief John Callahan died unexpectedly during a
City softball game, surrounded by City employees and other community members; and
WHEREAS, Chief Callahan has served the City as its Fire Chief for the past five years;
and
WHEREAS, during his tenure with the City, Chief Callahan also served the San Luis
Obispo community through his leadership positions with local community organizations, and
WHEREAS, prior to joining the City and the San Luis Obispo community, Chief
Callahan's public service included a 32 -year career with the City of Los Angeles Fire
Department, where he retired as Deputy Chief, and
WHEREAS, Chief Callahan's life represents a commitment to public service with
integrity, professionalism, vision, passion, and humor, and
WHEREAS, since Chief Callahan's unexpected death, there has been a tremendous out
pouring of community support and condolences and a broad based community desire to honor his
lifetime of public service; and
WHEREAS, various local organizations and leaders, as well as organizations that Chief
Callahan has served in the past, have been collaborating to hold memorial services that
appropriately honor Chief Callahan's service to both the City of San Luis Obispo, as an
organization, and the San Luis Obispo community at large; and
WHEREAS, the City Council finds that Chief Callahan's death has deeply impacted the
Fire Department and City employees throughout the organization, as well as a broad base of
community leaders and residents throughout the City; and
WHEREAS, the City Council expects that there will be large scale community
involvement in the ceremonies to celebrate Chief Callahan's life and community service and that
the magnitude of community involvement in the planning and holding of Chief Callahan's
memorial service will require City participation and support in order to ensure the health, safety
and welfare of the community and its residents, to afford City employees and community
members an appropriate forum to mourn the loss of Chief Callahan, and to memorialize his
contributions to the City and the community.
R 10212B
Resolution No. 10212B (2u Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby finds and declares that valid public purposes are
served by City staff support and facilities expenditures related to memorial services to honor
Chief John Callahan, including but not limited to: memorializing a significant public safety role
model in our community; facilitating the healing of the City organization and community through
an appropriate public safety memorial service; and providing for the health and safety of the
citizenry of San Luis Obispo through City management of a large scale public event.
SECTION 2. The City Council hereby finds and declares the memorial service to be
held at the Cal Poly Performing Arts Center on August 27, 2010 in the honor of Fire Chief John
Callahan is a City event and authorizes such commitment of staff support and City facilities as
may be deemed necessary and appropriate by the City Manager to ensure the safe and orderly
conduct of that event.
SECTION 3. The City may provide such staff support services as are deemed necessary
and appropriate by the City Manager to ensure the health, safety and welfare of the residents of
San Luis Obispo relating to the conduct of private events and spontaneous gatherings anticipated
to precede or follow the City memorial event.
SECTION 4. The City Manager is hereby authorized to make expenditures related to the
hard costs of the City's use of the Cal Poly Performing Arts Center as set forth in the Short Term
License Agreement between the City and the Trustees of the California State University dated
August 24, 2010 for the City's use of the Performing Arts Center.
SECTION 5. The City will not assume or be responsible for any costs, expenditures, or
facilities use other than those authorized herein.
Upon motion of Council Member Marx, seconded by Council Member Ashbaugh, and on
the following vote:
AYES: Council Members Ashbaugh and Marx, Vice Mayor Carter and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
Resolution No. 10212B (2U10 Series)
Page 3
The foregoing resolution was adopted this 26th day of August 2010.
,i �� _ills.
. • D. • Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
RESOLUTION NO. 10212 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
AN APPLICATION IN THE AMOUNT OF $2139450 TO THE STATE DEPARTMENT
OF HOUSING AND COMMUNITY DEVELOPMENT FOR FIRST TIME
HOMEBUYER PROGRAM FUNDS
WHEREAS, the City of San Luis Obispo, a charter city and political subdivision of the
State of California, wishes to apply for and receive an allocation of funds through the CalHome
Program; and
WHEREAS, the California Department of Housing and Community Development
(hereinafter referred to as "HCD ") has issued a Notice of Funding Availability ( "NOFA ") for the
CalHome Program established by Chapter 84, Statutes of 2000 (SB 1656 Alarcon), and codified
in Chapter 6 (commencing with Sections 50650) of Part 2 of Division 31 of the Health and
Safety Code (the "statute "). Pursuant to the statute, HCD is authorized to approve funding
allocation utilizing monies made available by the State legislature to the CalHome program; and
WHEREAS, the City of San Luis Obispo wishes to submit an application to obtain from
HCD an allocation of CalHome Program funds in the amount of $213,450; and
WHEREAS, at the time of application, the City of San Luis Obispo has a Housing
Element that is certified by HCD; and
WHEREAS, the City Council of the City of San Luis Obispo first authorized the
CalHome application on May 18th, 2010, but was asked by HCD to reauthorize the application
because of incorrect references in the previously approved Council Resolution No. 10173 (2010
Series).
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Application. The City of San Luis Obispo shall submit to HCD an
application to participate in the CalHome Program in response to the NOFA issued on April 19,
2010, which will request a funding allocation for the First Time Homebuyer Program in the
amount of $213,450, which may be used (but is not limited to) units designated for low income
households in the Moylan Terrace project, as outlined in the following table:
Unit Size
Low Income Purchase
20% Down
Number of
Total
Price
Payment
Units
Assistance
Assisted
1- bedroom
$135,900
$27,180
3
$81,450
2- bedroom
$153,000
$30,600
2
$617200
3- bedroom
$1761775
$35,355
2
$70,710
Total
17
$213,360
R 10212
Resolution No. 10212 (2010 S es) O
Page 2
SECTION 2. Eligible Activities. If the application for funding is approved, the City of
San Luis Obispo hereby agrees to use the CalHome funds for eligible activities in the manner
presented in the application as approved by HCD and in accordance with program regulations
cited above. It also may execute any and all other instruments necessary or required by HCD for
participation in the CalHome Program.
SECTION 3. Authorization. The City of San Luis Obispo authorizes the City Manager
or the Assistant City Manager to execute in the name of the City of San Luis Obispo, the
application, the Standard Agreement, and all other documents required by HCD for participation
in the CalHome program, and any amendments thereto.
Upon motion of Council Member Settle, seconded by Council Member Marx, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of September 2010.
Mayor ppa
David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
City Attorney
RESOLUTION NO. 10211 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A
REALLOCATION OF $1509000 OF 2010 CDBG PROGRAM FUNDS FROM PROPERTY
ACQUISITION FOR AFFORDABLE HOUSING (313 SOUTH STREET) TO PUBLIC
IMPROVEMENTS FOR AFFORDABLE HOUSING (2201 EMILY STREET)
WHEREAS, the City of San Luis Obispo is a participating jurisdiction in the San Luis
Obispo Urban County, along with the cities of Arroyo Grande, Atascadero, Grover Beach, and
Paso Robles and the County of San Luis Obispo; and
WHEREAS, said cities and County cooperatively administer several federal grant
programs under the provisions of the Cooperative Agreement approved by the San Luis Obispo
City Council on July 13, 1999 and as amended on September 7, 1999, and under applicable U.S.
Department of Housing and Urban Development Department (HUD) rules; and
WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan and
HUD rules, the City Council held a public hearing to consider a request to reallocate 2010 CDBG
program funds; and
WHEREAS, the Council has considered the City's adopted priorities for CDBG funding,
public testimony, and the Human Relations Commission (HRC) and staff recommendations
included in the agenda report; and
WHEREAS, the proposed reallocation of $150,000 will ensure the completion of the
affordable housing component of the Villages at Broad Street project and will not hinder the
feasibility of the 313 South Street affordable housing project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Environmental Determination. The Council hereby determines that the
proposed funding actions are not "projects" as defined by Section 21065 of the California
Environmental Quality Act (CEQA), since they will not cause a direct or indirect physical change
in the environment and do not involve the issuance of a lease, permit, license, certificate or other
entitlement. Consequently, no further CEQA review is necessary.
SECTION 2. 2010 Community Development Block Grant Program. The City Council
hereby recommends that the Board of Supervisors amend the 2010 CDBG Action Plan to
reallocate $150,000 from Property Acquisition for Affordable Housing (313 South Street) to
Public Improvements for Affordable Housing (2201 Emily Street).
SECTION 3. CDBG Funding to o be granted in the form of a loan. The $150,000 CDBG
award shall be made in the form of a limited term loan that will be repaid at the conclusion of the
construction of the Village at Broad Street Project from Affordable Housing Program funding
R 10211
Resolution No. 10211 (2010 )eries)
Page 2
proceeds, from unspent construction contingencies, or from other available sources. If repayment
of the loan from these sources is not possible, the CDBG recipient shall provide the Community
Development Director with a written request to forgive the loan. The initial loan terms shall be
for the duration of construction of the project, at zero interest.
Upon motion of Council Member Marx, seconded by Vice Mayor Carter, and on the
following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of August 2010.
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
City Attorney
1 \t
RESOLUTION NO. 10210 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO IN SUPPORT OF
IMMEDIATE CONGRESSIONAL ACTION TO AUTHORIZE LEGISLATION
ALLOWING PROPERTY ASSESSED CLEAN ENERGY PROGRAMS
WHEREAS, utility bills represent a major portion of operating costs for home and
business owners; and
WHEREAS, economic development opportunities, particularly in the construction
industry, continues to be needed in our community; and
WHEREAS, reliance on fossil fuels continues to threaten public health and the
environment; and
WHEREAS, residential and commercial buildings consume nearly 40% of all electricity
and are responsible for 40% of U.S. annual carbon dioxide emissions; and
WHEREAS, investing in cost - effective energy efficiency and renewable energy
improvements to homes and businesses can save energy, cut utility bills, create local jobs, reduce
reliance on fossil fuels and reduce greenhouse gas emissions; and
WHEREAS, the upfront cost and potentially long payback periods prevent property
owners from making otherwise cost - effective clean energy improvements; and
WHEREAS, Property Assessed Clean Energy (PACE) financing programs are an
innovative local government solution to help property owners finance energy efficiency and
renewable energy improvements — such as upgraded insulation, new windows, solar installations,
etc. to their homes and businesses; and
WHEREAS, twenty-two states have passed laws enabling local governments to develop
PACE programs; and
WHEREAS, White House and the U.S. Department of Energy strongly support PACE,
have dedicated $150 million to develop local PACE programs and issued guidelines to ensure
that PACE programs meet safety and soundness requirements and adequately protect both bond
buyers and property owners; and
WHEREAS, despite PACE's great promise, the Federal Housing Finance Agency and
the Office of the Comptroller of the Currency on July 6t' issued statements that immediately
forced existing PACE programs to halt operations and froze the development of dozens of PACE
programs nationwide.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo to urge the California Congressional delegation to support legislation that clearly
R 10210
Resolution No. 10210 (2010`Series) `J
Page 2
guarantees local governments the right to assess property-owner initiated special taxes for clean
energy programs and restore the promise of PACE.
Upon motion of Council Member Ashbaugh, seconded by Council Member Settle, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of August 2010.
Mayor David F. Romero
001011
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Kristine Dietrick
City Attomey
(7I
RESOLUTION NO. 10209 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO UPDATING PAYMENT
DISBURSEMENT AND RECEIPT AUTHORITY
WHEREAS, it is the policy of the City of San Luis Obispo for the Director of Finance
and Information Technology to concurrently hold the position of City Treasurer; and
WHEREAS, Resolution 8477 designates specific positions to act on behalf of the
Director of Finance and Information Technology /City Treasurer that no longer exist or whose
titles have been formally changed.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Director of Finance and Information Technology is hereby appointed
to concurrently hold the position of City Treasurer.
SECTION 2. The Director of Finance and Information Technology /City Treasurer is
hereby authorized to sign all checks, drafts, wire transfers and other orders for and on behalf of
the City for deposit, payment or investment in accordance with Government Code Section 53601.
SECTION 3. The Director of Finance and Information Technology /City Treasurer is
hereby authorized to designate the following positions with signature and representation
authority to act in her or his behalf on the matters set forth above in Section 2 of this Resolution:
Finance Manager, City Manager, Assistant City Manager, and other officials formally designated
by the Director of Finance and Information Technology /City Treasurer to serve in her or his
absence on a case -by -case basis.
SECTION 4. Resolution No. 8477 (1996 Series) is hereby rescinded.
Upon motion of Council Member Ashbaugh, seconded by Council Member Settle, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle; Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10209
Resolution No. 10209 (2010 aeries)
Page 2
The foregoing resolution was adopted this 17`h day of August 2010.
U�lLL1 /� i
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
Christine Dietrick
City Attorney
I�
RESOLUTION NO. 10208 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC
IMPROVEMENTS AND CERTIFYING COMPLETION OF THE PRIVATE
IMPROVEMENTS FOR TRACT NO. 2954 (225 NORTH CHORRO)
WHEREAS, the City Council made certain findings concerning Tract 2954, as
prescribed in Resolution No. 9951 (2008 Series); and
WHEREAS, the City Council approved the final map for Tract 2954 per Resolution No.
10207 (2010 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements for
Tract 2954, in accordance with City standards, specifications and the subdivision agreement, and
has requested acceptance of the public improvements for maintenance and operation by the City;
and
WHEREAS, the subdivider has satisfactorily completed the private improvements for
Tract 2954 in accordance with City standards, specifications and the approved plans, and has
requested that the city certify completion of these private improvements.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby accepts the public improvements and certifies
completion of the private improvements for Tract No. 2954.
SECTION 2. The Public Works Director is authorized to release the 10% Guarantee and
Defective Material surety upon satisfactory completion of the twelve month time period per the
Subdivision Agreement for Tract 2954.
Upon motion of Council Member Ashbaugh, seconded by Council Member Settle, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
_- .. ABSENT: None
R 10208
Resolution No. 10208 (2010 series)
Page 2.
The foregoing resolution was adopted this 17`h day of August 2010.
NANO" WM sen
Mayor David F. Romero
e
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
. Christine Dietrick
City Attorney
o
RESOLUTION NO. 10207 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE
FINAL MAP FOR TRACT NO. 2954 (225 NORTH CHORRO)
WHEREAS, the City Council made certain findings concerning the vesting tentative
map for Tract 2954, as prescribed in Resolution No. 9951 (2008 Series); and
WHEREAS, the subdivider has completed all required subdivision improvements or
submitted surety bonds to guarantee installation of the required subdivision improvements as
shown on the approved plans, and all fees have been received, as prescribed in the subdivision
agreement; and
WHEREAS, all conditions required per said Resolution No. 9951 (2008 Series) will be
met prior to or concurrent with final recordation of the map.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The final map for Tract No. 2954, as shown on the attached Exhibit "A" is
found to be in substantial compliance with the tentative map.
SECTION 2. The subdivision agreement for Tract No. 2954 as shown on the attached
Exhibit `B" is hereby approved.
SECTION 3. Approval of the final map is hereby granted.
Upon motion of Council Member Ashbaugh, seconded by Council Member Settle, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
R 10207
Resolution No. 10207 (2010 Series)
Page 2
The foregoing resolution was adopted this 17th day of August 2010.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
1r
Christine Dietrick
City Attorney
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THIS AGREEMENT is dated this day of 2010 by and
between Villa San Luis LLC, a California Limited Liability Company, herein referred to as
"Subdivider," and the CITY OF SAN LUIS OBISPO, herein.referred tows the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State. of California, a
description of which is shown on the Final Map of Tract 2954, City of San Luis Obispo,
California, as approved by the City Council on the day of 12010.
The Subdivider desires that said Tract No. 2954 be accepted. and approved as a
Final Map pursuant to the Subdivision Regulations of the City.of San Luis Obispo (Title 16 .
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agree to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San-Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. LANDSCAPING
1
5. DRAINAGE STRUCTURES
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by project
approvals.
All of the above.facilities shall be.installed in the locations designated and to the plans and
specifications on file and approved by said City.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work .
shall be completed within twelve (12) months of said recording date, unless an extension
has been granted by the City, provided that if completion of said work is delayed by acts of
God or labor disputes resulting in strike action, the Subdivider shall have an additional
period oftime equivalent to such period of delay in which to complete such work. Any
extension of time hereunder shall not operate to release the surety on the Improvement
Security filed pursuant to this agreement. In this connection, the surety waives the
provisions of Section 2819 of the Civil Code of the State of California..
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
2
T ,
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and/or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of $30,900 which is the
amount of the. estimated cost of subdivision improvements that remain to be completed
from the original $309,022 of required improvements. Per Sec. 66499.7(d) of the
Government Code of the State of California, a reduction in the performance security, is
not, and shall not be deemed to be, an acceptance by the City of the completed
improvements, and the risk of loss or damage to the improvements and the obligation to
maintain the improvements shall remain the sole responsibility of the subdivider until all
required public improvements have been accepted by the local agency and all other
required improvements have been fully completed in accordance with the plans and
specifications for the improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements occurring within
twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and
3
ibi1 1181/
66499.9 of the Government Code of the State of California, the City will retain the said
$30,900 instrument of credit or bond, which equates to 10% of the required subdivision
improvements, for a period of one year following completion and acceptance thereof. That
amount being deemed sufficient to guarantee faithful performance by the Subdivider of his
obligation to remedy any defects in the improvements arising within a period of one year
following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
"AS- BUILT" record drawings are to be submitted within four weeks of completion of
construction and prior to City acceptance of the public improvements.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City as .a part of said Subdivision Map, and all other
documents filed with the City by the Subdivider and approved by the City are hereby
referred to for further particulars in interpreting and defining the obligations of the
4
i
Exhibit 11111
Subdivider under this agreement
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 ("Indemnified Claims'.
The City shall promptly notify the subdivider of any Indemnified Claim upon being
presented with the Indemnified Claim and City shall fully cooperate in the defense against
an Indemnified Claim.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind.the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO
MAYOR David F. Romero
ATTEST:
CITY CLERK Elaina Cano
AP VEDAS TO RM:
I '
ITY ATTORNEY Christine Dietrick
5
SUBDIVIDER
Villa San Luis, LLC
a California Limited Liability Company
MANAGING M R Ti iley
C
EXhlblt 11811
EXHIBIT 1
TRACT 2954
SUBDIVISION AGREEMENT
I . The Subdivider has deposited a monumentation guarantee in the amount of $400 to cover
the installation of survey monuments in accordance with the approved map and payment for
same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter
from the Engineer indicating that they have completed the work and have been paid.
2. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2.
3. Water and sewer . impact fees shall be paid at time of building permits through the
Community Development Department per thefee schedule in effect at that time.
4. Transportation impact fees shall be paid at time of building permits through the Community
Development Department per the fee schedule in effect at that time.
5. The subdivider shall.comply with all requirements of Council Resolution 9951 (2008 Series)
approving the tentative map.
0
Iblfi r'ta
EXHIBIT 2
TRACT 2954 - FEE AND BOND LIST
Amount _ Form Date Received
Bonds and Guarantees:
Total Faithful Performance
$30,900
CD
8/4/10
Monument Guarantee
$400
CD
8/4/10
Fees:
Map Check Fee
$4100
Check
7/7/09
Parkin -Lieu Fee'
$29,589
Check
8/6/10
Water impact Fee'
Paid with
building
its
Wastewater Impact Fee'
Paid with
building
permits
Transportation Impact Fee'
Paid with
building
permits
1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units.
7
RESOLUTION NO. 10206 (2010 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ACCEPTING CONTROL
AND MAINTENANCE OVER STATE ROUTE 227 TO BE RELINQUISHED
BY THE STATE OF CALIFORNIA
WHEREAS, by the provisions of the California Streets and Highways Code, Section 527
(c)(1) the California Transportation Commission may relinquish to the City of San Luis Obispo
portions of State Route 227 within its City Limits upon relinquishment thereof by the State of
California; and
WHEREAS, the City desires, for reasons benefiting its constituents, to control roadways
within the City Limits; and
WHEREAS, the City agrees to waive the required 90 day notice as set forth in Section
73 of the California Streets and Highway Code.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the City will accept control and maintenance over that portion of State Route 227 to
be relinquished and will accept title to said portion being relinquished as identified in Exhibit A
attached, to become effective immediately following the recording by the County Recorder of the
relinquishment resolution containing the California Transportation Commission approval of the
terms and conditions of the relinquishment.
Upon motion of Council Member Marx, seconded by Vice Mayor Carter, and on the
following vote:
AYES: Council Members Ashbaugh and Marx, and Vice Mayor Carter
NOES: Council Member Settle and Mayor Romero
ABSENT: None
The foregoing resolution was adopted this 17`h day of August 2010.
Mayor David F. Romero
ATTEST:
v �
+. `Elama,Cano
City Clerk
APPROVED AS ORM:
stine Dietrick
City Attorney
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END Or DOCUMENT
RESOLUTION NO. 10205 (2010 Series)
RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE
EXECUTION AND DELIVERY OF DOCUMENTS AND APPROVING OFFICIAL
ACTIONS RELATING TO LEASE - PURCHASE FINANCING OF FIRE TRUCK
WHEREAS, the City of San Luis Obispo (the "City ") is proceeding to acquire a fire
truck made by Pierce Manufacturing Inc., Arrow XT Series (the "Fire Truck "), and in order to
provide financing for the Fire Truck the City has proposed to sell the Fire Truck to the City of
San Luis Obispo Capital Improvement Board (the "Board ") for a purchase price which is
sufficient to reimburse the City for its costs of acquiring the Fire Truck; and
WHEREAS, in order to raise funds required to purchase the Fire Truck from the City,
the Board has proposed to lease the Fire Truck back to the City in consideration of the agreement
by the City to pay semiannual lease payments and the Board has proposed to assign such lease
payments and other of its rights under the lease to Chase Equipment Finance Inc. (the "Lender';
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, 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
as such the City is authorized to provide financing for the Fire Truck in the manner set forth in
this Resolution;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Approval of Financing. The City Council hereby approves the financing
of the Fire Truck in the manner set forth in this Resolution. The proposal from the Lender to
provide financing for the Fire Truck, in the form on file with the City Clerk, is hereby approved.
The acceptance of such proposal by the City Manager or her designee is hereby ratified,
confirmed and approved.
SECTION 2. Approval of Financing Documents. The City Council hereby approves
each of the following agreements required for the financing of the Fire Truck, in substantially the
respective forms on file with the City Clerk together with any changes therein or additions
thereto deemed advisable by the City Manager, whose execution thereof shall be conclusive
evidence of the approval of any such changes or additions. The City Manager is hereby
authorized and directed for and in the name and on behalf of the City to execute, and the City
Clerk is hereby authorized and directed to attest, the final form of each such agreement:
• Acquisition Agreement, between the City and the Board, under which the City sells
the Fire Truck to the Board for a purchase price which is sufficient to reimburse the City
for its costs of acquiring the Fire Truck.
Lease Agreement, between the Board and the City, under which the Board leases the
Fire Truck to the City and the City agrees to pay semiannual lease payments as the rental
thereof; and
R 10205
Resolution No. 10205 (2010`Series)
Page 2
SECTION 3. Approval of Assignment to Lender. The City Council hereby approves the
assignment by the Board to the Lender of the lease payments which are payable by the City under
the Lease Agreement, together with certain other rights of the Board under the Lease Agreement
and other interests of the Board with respect to the Fire Truck.
SECTION 4. Official Actions. The Mayor, the City Manager, the Interim Director of
Finance and Information Technology, the Finance Manager, the City Clerk 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 leases, assignments, certificates, requisitions, agreements, notices, consents, instruments
of conveyance, warrants and other documents, which they or any of them deem necessary or
appropriate in order to consummate any of the transactions contemplated by the agreements and
documents approved under 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 is absent or unavailable.
SECTION 5. Effective Date. This Resolution shall take effect immediately upon its
passage and adoption.
Upon motion of Council Member Ashbaugh, seconded by Council Member Settle, and on
the following vote:
AYES: Council Members Ashbaugh, Marx and Settle, Vice Mayor Carter and
Mayor Romero
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 21 n day of July, 2010.
Mayor David F. Romero
ATTEST:
`Vaala Cano
City Clerk
APPROVED S TO RM:
J. C stine Dietrick
City Attorney
RESOLUTION NO. 10204 (2010 Series)
RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF SAN LUIS
OBISPO CAPITAL UAPROVEMENT BOARD AUTHORIZING THE EXECUTION
AND DELIVERY OF DOCUMENTS AND APPROVING OFFICIAL ACTIONS
RELATING TO LEASE - PURCHASE FINANCING OF FIRE TRUCK
WHEREAS, the City of San Luis Obispo (the "City") is proceeding to acquire a fire
truck made by Pierce Manufacturing Inc., Arrow XT Series (the "Fire Truck" ), and in order to
provide financing for the Fire Truck the City has proposed to sell the Fire Truck to the City of
San Luis Obispo Capital Improvement Board (the "Board's for a purchase price which is
sufficient to reimburse the City for its costs of acquiring the Fire Truck; and
WHEREAS, in order to raise funds required to purchase the Fire Truck from the City,
the Board has proposed to lease the Fire Truck back to the City in consideration of the agreement
by the City to pay semiannual lease payments and the Board has proposed to assign such lease
payments and other of its rights under the lease to Chase Equipment Finance Inc. (the "Lender ");
and
WHEREAS, the Board is authorized to provide financial assistance to the City under
Ordinance No. 1059 (1986 Series) adopted by the City Council of the City on April 15, 1986.
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of San
Luis Obispo Capital Improvement Board as follows:
SECTION 1. ARRLoval of Financing. The Board of Directors hereby approves the
financing of the Fire Truck in the manner set forth in this Resolution. The proposal from the
Lender to provide financing for the Fire Truck, in the form on file with the Secretary, is hereby
approved.
SECTION 2. Approval of Financing Documents. The Board of Directors hereby
approves each of the following agreements required for the financing of the Fire Truck, in
substantially the respective forms on file with the Secretary together with any changes therein or
additions thereto deemed advisable by the Executive Director, whose execution thereof shall be
conclusive evidence of the approval of any such changes or additions. The Executive Director is
hereby authorized and directed for and in the name and on behalf of the Board to execute, and the
Secretary is hereby authorized and directed to attest, the final form of each such agreement:
o Acquisition Agreement, between the City and the Board, under which the City sells
the Fire Truck to the Board for a purchase price which is sufficient to reimburse the City
for its costs of acquiring the Fire Truck.
• Lease Agreement, between the Board and the City, under which the Board leases the
Fire Truck to the City and the City agrees to pay semiannual lease payments as the rental
thereof; and
• Assignment Agreement, between the Board and the Lender, whereby the Board
assigns certain of its rights under the Lease Agreement to the Lender in consideration of
R 10204
Resolution No. 10204 (20S�eries)
Page 2
the payment by the Lender of an amount which is sufficient to enable the Board to
purchase the Fire Truck from the City and to pay related financing costs.
SECTION 3. Official Actions. The President, the Executive Director, the Interim Chief
Financial Officer, the Secretary, the Board Attorney and all other officers of the Board are each
authorized and directed in the name and on behalf of the Board to make any and all leases,
assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance,
warrants and other documents, which they or any of them deem necessary or appropriate in order
to consummate any of the transactions contemplated by the agreements and documents approved
under this Resolution. Whenever in this Resolution any officer of the Board 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 if such officer is absent or unavailable.
SECTION 4. Effective Date. This Resolution shall take effect immediately upon its
passage and adoption.
Upon motion of Board Member Ashbaugh, seconded by Board Member Settle, and on the
following vote:
AYES: Board Members Ashbaugh, Marx, and Settle, Vice President Carter and
President Romero
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 21' day of July 2010.
David F. Romero, President
ATTEST:
Elaina Cano, Secretary
APP =TO A TO FO
"I
J. Christine Dietrick, Board Attorney
`..solution No. 10204 (201geries)
Page 3
I hereby certify that the foregoing Resolution was passed and adopted by the Board of
Directors of the City of San Luis Obispo Capital Improvement Board at a special meeting there of
duly held on July 20, 2010, by a majority vote of all of its members.
Elaina Cano, Secretary