HomeMy WebLinkAbout12/01/2009, C 3 - ADOPTION OF ORDINANCE NO. 1536 WHICH AMENDS THE TOURISM BUSINESS IMPROVEMENT DISTRICT REGULATIONS T counat
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C I T Y OF SAN LU I S O B I S P O
FROM: Jonathan P. Lowell, City Attorney
Prepared By: J. Christine Dietrick, Assistant City Attorney
SUBJECT: ADOPTION OF ORDINANCE NO. 1536 WHICH AMENDS THE
TOURISM BUSINESS IMPROVEMENT DISTRICT REGULATIONS
TO REQUIRE A TOURISM BUSINESS IMPROVEMENT DISTRICT
BOARD MEMBER BE A MEMBER IN GOOD STANDING
RECOMMENDATION
Adopt Ordinance No. 1536 (2009 Series) amending Section 12.42.100 of Chapter 12.42 of Title
12 of the Municipal Code.
DISCUSSION
On November 17, 2009, the Council voted 5:0 to introduce Ordinance No. 1536 modifying
Chapter 12.42 of the San Luis Obispo Municipal Code to specify a member of the Tourism
Business Improvement District Board shall be in good standing to continue to serve in such a
position.
Ordinance No. 1536 is now ready for adoption and will become effective thirty days after the
date of its final passage.
ATTACHMENT
Ordinance No. 1536 (2009 Series)
T:\Council Agenda Reports\City Attorney CAR\TBID Council Agenda Rpt-Final Adoption.doc
ATTACHMENT I
ORDINANCE NO. 1536 (2009 Series)
AN ORDINANCE OF THE CITY OF SAN LUIS OBISPO AMENDING
SECTION 12.42.100 (ADVISORY BODY) OF CHAPTER 12.42 (TOURISM BUSINESS
IMPROVEMENT DISTRICT) OF TITLE 12 (STREETS, SIDEWALKS AND PUBLIC
PLACES) OF THE SAN LUIS OBISPO MUNICIPAL CODE
WHEREAS, the Tourism Business Improvement District (TBID) Board plays an
important role in the promotion of hotels in the City of San Luis Obispo; and
WHEREAS, all hoteliers are expected to pay timely pay TBID assessments levied under
local and state law; and
WHEREAS, those who serve on the TBID Board are expected to be in good standing,
that is, to pay their assessments and taxes, and otherwise conduct themselves in a manner
appropriate to service in such a role;
NOW, THEREFORE, BE IT ORDAINED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Existing Section 12.42.100 (Advisory Body) of Chapter 12.42 (Tourism
Business Improvement District) of.Title 12 (Streets, Sidewalks and Public Places) of the San
Luis Obispo Municipal Code is hereby repealed.
SECTION 2. New Section 12.42.100 (Advisory Body) of Chapter 12.42 (Tourism
Business Improvement District) of Title 12 (Streets, Sidewalks and Public Places) of the San
Luis Obispo Municipal Code is adopted to read as follows:
12.42.100 Advisory body.
An advisory body comprised of seven members is hereby created to carry out the functions of an
advisory board under Section 36530 of the law. Said advisory body shall be referred to as the
tourism business improvement district board or TBID board. The members of the TBID board
shall be appointed following the city's recruitment guidelines for advisory bodies. All applicants
and members must be operators of hotels within the district, or employed by the operator of such
a hotel. The length of the term for each individual member of the TBID board shall follow the
guidelines of all city advisory bodies and is limited to eight subsequent years. Members of the
TBID board shall serve in good standing; failure to pay assessments levied under this chapter or
to pay transient occupancy taxes to the city constitute loss of good standing and shall result in
removal from the TBID board. Members of the TBID board shall serve at the pleasure of the city
council and may be removed by the city council at any time. If a member no longer represents the
lodging establishment for which he or she was selected to the TBID board, his or her seat will be
vacated and a new member will be appointed. The TBID board shall review the implementation
of this chapter, the implementation of programs and activities funded through this chapter, and
advise the city council on the amount of the district's assessments and on the services, programs,
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01536
Ordinance No. 1536 (2009 Series) ' TTACH ENI 1
Page 2
and activities to be funded by the assessments, and shall perform such other duties as required by
the law, including preparing the annual report required by Section 36533 of the law. The annual
report shall be submitted to the city council no later than ninety days before the new budget year.
The city council shall ensure that the TBID board has timely access to all public information
regarding collection, disbursement, and uses of the funds collected under the terms of this
chapter.
SECTION 3. A summary of this ordinance, together with the names of Council
members voting for and against, shall be published at least five (5) days prior to its final passage,
in The Tribune, a newspaper published and circulated in this City. This ordinance shall go into
effect at the expiration of thirty (30) days after its final passage.
INTRODUCED on the 17"' day of November 2009, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 1" day of December 2009, on the following vote:
AYES:
NOES:
ABSENT:
Mayor David F. Romero
ATTEST:
Elaina Cano
Interim City Clerk
APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
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CITY OF SAN LUIS OBISPO
FROM: Jay Walter,Public Works Director
Prepared By: Peggy Mandeville,Principal Transportation.Planner
SUBJECT: 2010-11 FISCAL YEAR BICYCLE TRANSPORTATION ACCOUNT
(BTA) GRANT APPLICATION
RECOMMENDATION
As recommended by the Bicycle Advisory Committee, adopt a resolution certifying that the City will
provide a minimum 10% funding match of$50,600 for a Bicycle Transportation Account (BTA) grant
and authorize the City Manager to execute the agreements.
DISCUSSION
Caltrans has announced a call for funding bicycle projects under the Bicycle Transportation Account
(BTA) program. Staff has submitted the grant application due December 1, 2009 and seeks Council
support for providing the required 10% funding match should the City's grant application be
successful.
At its meeting on November 19, 2009, the Bicycle Advisory Committee (BAC) considered eligible
projects, the opportunities and limitations of the BTA program, and the on-going negotiations with
Union Pacific Railroad (UPRR) and recommended that an application for the Railroad Safety Trail
connections project be submitted. The project includes:
1. A new ramp on the Jennifer Street bicycle/pedestrian bridge to provide a direct connection to the
Bill Roalman Bicycle Boulevard on Morro Street.
2. A new paved trail connection to Sinsheimer Park.
3. A Class I multi-use path connection from the southern terminus of the Railroad Safety Trail at
Orcutt Road to the new traffic/bike signal at Laurel and Orcutt.
Staff proposes this grant application submittal because the City (not Union Pacific Railroad) controls the
land on which the improvements are proposed. The proposed improvements will advance the safety and
convenience of bicycle commuters as called for in the grant requirements. The necessary environmental
clearances for this project have already been obtained. Because of on-going negotiations between the City
and UPRR, staff and the BAC did not recommend a grant application project that requires UPRR
approval.
Description of the BTA Program
The BTA grant program provides statewide funding for projects that improve safety and convenience for
bicycle commuters. Since 2001, the BTA program has provided $7.2 million annually for bicycle
projects. The competing City and County agencies that are awarded the grants must provide a local
funding match covering at least 10% of the total project cost; BTA funds will cover the remaining 90% of
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2010/11 Bicycle Transoortation i-.,count Grant Program Pane 2
the estimated project cost. In order to be eligible for BTA funding, agencies must have an adopted Bicycle
Transportation Plan that has been certified by the Regional Transportation Planning Agency& the State's
Bicycle Facilities Unit. Agencies also must have completed all environmental clearances needed to satisfy
the California Environmental Quality Act(CEQA). Eligible projects include:
1. New bikeways serving major transportation corridors.
2. New bikeways removing travel barriers to potential bicycle commuters.
3. Secure bicycle parking at employment centers, park-and-ride lots, rail and transit terminals, and
ferry docks and landings.
4. Bicycle-carrying facilities on public transit.
5. Installation of traffic control devices to improve the safety and efficiency of bicycle travel.
6. Elimination of hazardous conditions on existing bikeways.
7. Planning.
8. Improvement and maintenance of bikeways.
CONCURRENCES
The Bicycle Advisory Committee supports the submittal of the grant application.
FISCAL IMPACT
BTA grants require a minimum ten percent local match. The proposed resolution must certify that the
City is prepared to provide the required local match. If the application is approved, the City's local match
of$50,600 would come from the Bicycle Facility Improvement account (Specification No. 90572) which
has a current balance of$97,770.
Sources for Appropriations:
BTA Grant $455,400
Local Match 10% 50,600
Estimated Project Cost $506,000
ALTERNATIVE
Deny grant application. The City Council could chose to deny the submittal of the grant application and
adoption of the resolution certifying the City's local match funding. Staff does not recommend this
alternative as several bicycle related projects could use this additional grant funding to aid in completion.
The BTA grant represents a high rate of return for a small City investment.
ATTACHMENTS
1. Project Location Map
2. Resolution certifying 10% funding match
T:\Council Agenda ReportsTublic Works CAR\2009\Transportation\BTA Grant App\2009 BTA grant CAR.doc
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ATTACHMENT
-
RESOLUTION NO. (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CERTIFYING THAT THE CITY WILL PROVIDE A MINIMUM FUNDING
MATCH OF$50,600 (10%)FOR THE BICYCLE TRANSPORTATION ACCOUNT
GRANT APPLICATION FOR THE RAILROAD SAFETY TRAIL CONNECTIONS
PROJECT AND AUTHORIZE THE CITY MANAGER TO ENTER INTO ANY
REQUIRED AGREEMENTS
WHEREAS,the City Council has adopted a Bicycle Transportation Plan that complies with
the content requirements of Section 891.2 of the California Streets and Highways Code; and
WHEREAS, San Luis Obispo's Bicycle Transportation Plan ranks the Railroad Safety Trail
as the highest priority commuter bikeway in the City; and
WHEREAS, the San Luis Obispo Bicycle Advisory Committee (BAC) has reviewed the
BTA Grant Program Guidelines, considered alternative eligible projects, and recommended that the
City Council pursue BTA grant funding for the project described herein; and
WHEREAS, the Community Development Director has reviewed the Railroad Safety Trail
project and its Initial Environmental Study and has granted the project a Mitigated Negative
Declaration consistent with the provisions of the California Environmental Quality Act(CEQA) and
its guidelines; and
WHEREAS, the City Council finds that implementation of this project described below
will improve bicycle commuting in San Luis Obispo, consistent with the community's General Plan
Circulation Element and Bicycle Transportation Plan.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that it certifies the City will provide a minimum 10% funding match of$50,600 for the Railroad
Safety Trail connections project and authorizes the City Manager to enter into any subsequent
cooperative agreements with that agency for the Railroad Safety Trail connections project.
Upon motion of , seconded by ,
and on the following vote:
AYES:
NOES:
ABSENT:
ATTACHMENT
Resolution No. (2009 Series)
Page 2
The foregoing resolution was adopted this day of 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FO
Jon an P. Lowell
ty Attorney
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CITY OF SAN L U I S O B I S P O
FROM: Jonathan Lowell, City Attorney
Prepared By: Christine Dietrick, Asst. City Attorney
SUBJECT: APPEAL FEE WAIVER POLICY
RECOMMENDATION
Adopt a resolution establishing an appeal fee waiver policy.
DISCUSSION
The City recently received a request for a waiver of an appeal fee on the grounds that the
appellant lacked the financial resources to pay the fee. Because the City has no established
waiver policy, a hearing before Council was required to decide the request. The need to schedule
a Council hearing to consider fee waiver requests can result in significant delays both to
appellants and to applicants seeking to proceed in accordance with City approvals. Thus,
following the prior hearing, Council directed staff to draft a standard policy for determination of
future appeal fee waiver requests.
Due process principles dictate that an individual should not be denied access to an appeals
process based solely on indigency or inability to pay appeal fees. Thus, the City must consider
requests for fee waivers based on an objective evaluation of appellant's ability to pay. Staff
provided Council with examples of policies used by other agencies for guidance in determining
the prior fee waiver request. The policy staff is recommending here is based on those policies.
The policy recommended permits the City Manager or his designee to grant appeal fee waiver
requests where the applicant can produce documentation of income below specified thresholds or
where the applicant can demonstrate that he or she receives certain forms of public assistance.
The policy on which the attached resolution is based included a provision limiting fee waivers to
"real parties in interest." A real party in interest in this context would be an affected property
owner or a party to the original application. Council did not express strong interest in such a
limitation in considering the prior fee waiver request and no such provision is included in the
recommended resolution. However, there is no legal barrier to Council limiting fee waiver
approvals to real parties and the addition of such a provision is a reasonable alternative to the
recommended resolution.
FISCAL IMPACT
The fiscal impact on the City of a decision to waive an appeal fee would be the loss of$100 per
tree appeal and $250 per appeal for appeals of other City actions. Given that the City has only
received one request in recent memory, the total impact is not likely to be significant.
Appeal Fee Waiver Policy Page 2
ALTERNATIVES
1. Council could decline to adopt an appeal fee waiver policy and continue to consider requests
itself on a case by case basis. This alternative is not recommended due to the time delays and
staff resource expenditures associated with scheduling council fee waiver hearings.
2. Adopt a policy including a"real party in interest" requirement.
ATTACHMENT
Draft Resolution
G:1Agenda-Ordinances-Resol\Appeals\Appeal fee Waiver Policy.2009.12.1.dot
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ATTACHMENT
RESOLUTION NO. (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING A POLICY FOR THE PROCESSING OF
ADMINISTRATIVE APPEAL FEE WAIVER REQUESTS
WHEREAS, the City of San Luis Obispo has duly adopted an Appeals Procedure,
codified in Chapter 1.20 of the San Luis Obispo Municipal Code; and
WHEREAS, Council adopted Resolution No. 10098 (2009 Series) establishing fees to
recover the City's costs of conducting such administrative appeal hearings; and
WHEREAS, Council wishes to ensure that individuals are not denied access to the City's
appeal process solely on account of an inability to pay an appeal fee.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Fee Deferrals and Waivers for Appeals.
1. Generally. The City Manager, or his/her designee, may grant a fee deferral or fee waiver
of the appeal fee pursuant to this section. Any request for a fee deferral or fee waiver shall be
made at the time of the filing of the appeal. If a request for fee deferral or fee waiver is filed,
no fee shall be collected until a determination is made on the fee deferral or fee waiver.
The appeal will be deemed filed on the day it is submitted to the City Clerk, unless the fee
deferral or fee waiver is denied and the fee is not paid. All applicable dates or time periods
for hearing the appeal shall be tolled until the City Manager, or his/her designee, grants or
denies the deferral or waiver. If the fee deferral or waiver is denied, appellant shall pay the
appeal fee within ten (10) days of denial, and if not paid, the appeal shall be dismissed.
2. Fee Deferral (Low Income). If the appellant declares under penalty of perjury and
provides sufficient documentation demonstrating that the appellant's income does not exceed
eighty percent (80%) of median income applicable to San Luis Obispo County, adjusted for
family size as published and annually updated by the United States Department of Housing
and Urban Development, then the City Manager or his/her designee shall grant an appeal fee
deferral to the appellant.
If a fee deferral is granted based upon the criteria specified above, the appellant shall pay
twenty-five percent (25%) of the appeal fee at the time the deferral is granted and the
remaining seventy-five percent (75%) of the fee after the hearing, pursuant to a payment
schedule established by the City Manager.
3. Fee Waiver (Very Low Income). If the appellant declares under penalty of perjury and
provides sufficient documentation demonstrating that the appellant's income does not exceed
fifty percent (50%) of median income applicable to San Luis Obispo County, adjusted for
family size as published and annually updated by the United States Department of Housing
cs-3
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Resolution No. (2009 Series) ATTACHMENT
Page 2
and Urban Development, then the City Manager or his/her designee shall grant an appeal fee
waiver to the appellant.
4. Documentation Supporting Deferral/Waiver. In support of any appeal fee deferral or
waiver, an appellant shall furnish such financial information as the City Manager or his/her
designee deems reasonably necessary to make a decision on the fee deferral or fee waiver.
Among other documentation, the appellant may submit evidence demonstrating that appellant
is receiving benefits pursuant to: (1) the Supplemental Security Income (SSI) and State
Supplemental Payments (SSP) programs (Sections 12200 through 12205.2 of the Welfare and
Institutions Code), (2) the Aid to Families with Dependent Children (AFDC) program (42
United States Code 601 through 644), (3) the Food Stamp program (7 United States Code
2011 through 2027), (4) Section 17000 of the Welfare and Institutions Code, or (5) if the
appellant declares under penalty of perjury that his/her/its monthly income is one hundred
twenty-five percent (125%) or less of the current monthly poverty threshold annually
established by the Community Services Administration pursuant to Section 625 of the
Economic Opportunity Act of 1964, as amended.
5. Effect of City Manager Decision. The City Manager's or his/her designee's
determination on a fee deferral or fee waiver shall be final and there shall be no
administrative appeal from the decision.
Upon motion of , seconded by
and on the following vote:
AYES:
NOES:
ABSENT:
The foregoing resolution was adopted this day of 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
Interim City Clerk
APPR VED AS TO FORM:
t
Jonathan P. Lowell
City Attorney
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C I T Y O F S A N L U I S O B I S P O \\
FROM: Jay D. Walter, Director of Public Work4obW
Prepared By: Diane Dostalek/Hal HannuK Development Review
SUBJECT: FINAL ACCEPTANCE OF SUBDIVISION IMPROVEMENTS FOR
TRACT 2340 — A NINE LOT COMMON INTEREST SUBDMSION AT
1720 JOHNSON AVENUE (STEPHEN AND ILENE SICANOFF)
RECOMMENDATION
Adopt a resolution accepting the public improvements, certifying completion of the required
private improvements, and releasing the sureties for Tract 2340.
DISCUSSION
The vesting tentative subdivision map for Tract 2340 (TR 4-99) was approved by City Council on
April 4, 2000, by Resolution No. 9034 (2000 Series), authorizing creation of a ten-lot residential
common interest subdivision. By the time the final map was approved by City Council on June
1, 2004, by Resolution No. 9566 (2004 Series), the number of lots had been reduced to nine. (See
Attachment 1 for vicinity map and Attachment 2 for site plan.)
The project's public improvements consist of water services for each of the units and some minor
upgrades to an existing City sewer main that crosses the site. The remaining subdivision
improvements are private improvements including but not limited to site improvements, a private
sewer main, a private water main and fire hydrant, utility services, surface and subsurface storm
drain systems, and landscape improvements.
The subdivision improvements have been completed and inspected under separate building
permits and an encroachment permit for the private and public improvements respectively. The
public and private subdivision improvements have been completed to the satisfaction of the City.
The subdivider recently requested final acceptance of the subdivision improvements by the City
and release of the respective sureties. Included with the final map approval was a subdivision
agreement that allowed the Subdivision Labor and Materials and the Faithful Performance sureties
to be released upon the Council's acceptance of the subdivision improvementq and receipt of a
guarantee of ten percent of the cost of the subdivision improvements. The ten percent guarantee is
to insure that the subdivider will remedy any defects in the improvements arising from faulty
workmanship or materials or defective construction of said improvements for a period of one year.
The cost of the subdivision improvements was estimated to be $43,980.
Acceptance of Subdivision Impro.crrtents-Tract 2340— 1720 Johnson Page 2
Occupancy of the units was granted in March 2006. A one-year warranty inspection was
completed in March 2007. The warranty inspection found no defects in the improvements during
the one-year time period. Therefore, in addition to accepting the public improvements, the
Public Works Department is also recommending release of the ten percent warranty surety at this
time.
FISCAL IMPACT
Typical maintenance and operation of water services from main to meter and the public sewer main
will be required.
CONCURRENCES
The Community Development Director and Utilities Director concur with the recommended action.
ATTACHMENTS
1. Vicinity Map
2. Site Plan
3. Draft Resolution Accepting the Public Improvements, Certifying Completion of the.
Private Improvements,and Releasing the Sureties
TACouncil Agenda ReportsTublic Works CAR\2009\DevRev\Tract 2340 — 1720 Johnson\CAR — 12340 Acceptance of Subdivision
bnprovements.doc
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Attachment 3
RESOLUTION NO. (2009 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF
THE PRIVATE IMPROVEMENTS FOR TRACT NO.2340
(1720 JOHNSON AVENUE)
WHEREAS, the City Council made certain findings concerning Tract 2340, as
prescribed in Resolution No. 9034 (2000 Series); and
WHEREAS,the City Council approved the final map for Tract 2340 per
Resolution No. 9566 (2004 Series);and
WHEREAS, the subdivider has satisfactorily completed the public improvements for
Tract 2340, 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 2340, in accordance with City standards, specifications and the approved plans, and has
requested that the city certify completion of these private improvements; and
WHEREAS, the subdivision improvements have been in place and functioning
adequately for twelve months.
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. 2340.
SECTION 2. The Faithful Performance, Labor and Materials, and monumentation
sureties may be released at this time.
SECTION 3. The surety guaranteeing the workmanship and materials may be released
at this time.
Upon motion of ,seconded by
and on the following roll call vote:
AYES:
NOES:
ABSENT:
R
Resolution No. (2009 Jeries)
Attachment 3
Page 2
The foregoing resolution was adopted this day of 2009.
Mayor David F. Romero
ATTEST:
Elaina Cano
Interim City Clerk
APPROVE S TO F
4an P. Lowell
yttorney