HomeMy WebLinkAbout9650-9674RESOLUTION NO. 9674 (2005 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
PROVIDING FOR THE PARTIAL RELIQUISHMENT OF
AN OPEN SPACE EASEMENT AFFECTING CERTAIN REAL PROPERTY
AT 1605 CALLE JOAQUIN (APN #053- 171 -030)
WHEREAS, on September 12, 1996, owners of the property at 1605 Calle Joaquin did
dedicate to the City of San Luis Obispo an open space easement covering approximately 20,350
square feet (0.467 acre) for the protection of an unnamed creek traversing the property; and
WHEREAS, since that time the City of San Luis Obispo has determined that certain
changes in alignment of roads in the vicinity of Los Osos Valley Road and U. S. Highway 101
are necessary for the safety of the traveling public; and
WHEREAS, despite extensive study, it has been determined that such changes in
alignment cannot be feasibly accomplished without impacting said unnamed creek and the
easement associated with it; and
WHEREAS, overall the changes in alignment of said roads will be done in a manner
consistent with the principle of "Least Environmentally Damaging Practicable Alternative" as
said principle is practiced by the U. S. Army Corps of Engineers and by the City of San Luis
Obispo; and
WHEREAS, it is the policy of the City Council of the City of San Luis Obispo to
undertake full and complete mitigation for the environmental impacts of City- sponsored projects;
and
WHEREAS, acceptable mitigation for said impacts has been identified, and approved by
the City of San Luis Obispo, U. S. Army Corps of Engineers, and other agencies with
jurisdiction by law of this matter.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
SECTION 1. Relinquishes a portion of the open space easement covering a portion of
Assessor's Parcel #053 -171 -030, where title to the land burdened with that easement is
being transferred to the City of San Luis Obispo for road purposes.
SECTION 2. Directs that the easement be retained in those portions of Assessor's
Parcel #053- 171 -030 which are not being so transferred.
SECTION 3. Directs staff to prepare a legal description of the remaining easement for
recordation, and to take such other steps as necessary to effectuate Council's purpose and
direction.
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Resolution No. 9674 (2005 Series)
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On motion of Council Member Settle, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3`d day of May 2005.
ATTEST:
-1 // 'j I L-"/ -
Audrey Hoer
City ClerV
APPROVED AS TO FORM:
JoW P. Lowell
City Attorney
O
Exhibit A
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RESOLUTION NO. 9673 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A ONE -YEAR TIME EXTENSION TO FILE THE
FINAL MAP FOR TENTATIVE PARCEL MAP NO. SLO 02 -0332;
735 TANK FARM ROAD, (MS/TE 182 -02).
BE IT RESOLVED by the Council of-the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of public testimony,
the subdividers request, staff recommendations and reports thereon, found that the one -year time
extension is justified.
SECTION 2. Action. That a one -year time extension for filing the final map for
Tentative Parcel Map No. SLO 02 -0332 is granted to April 1, 2006, subject to the original
findings and one condition of tentative map approval, as specified in City Council Resolution
No. 9433 (2003 Series).
On motion of Council Member Settle, seconded by Council Member Mulholland
and on the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 19L' day of April 2005.
Mayor David F. Romero
009436
Audrey Ho a#r
City Clerk-/
APPROVED AS TO FORM:
tJonat'4Lowell
y Attorney
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RESOLUTION NO. 9672 (Series 2005)
RESOLUTION OF THE BOARD OF DIRECTORS OF THE
CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD
AUTHORIZING THE ISSUANCE AND SALE OF 2005 REFUNDING
LEASE REVENUE BONDS IN THE MAXIMUM PRINCIPAL AMOUNT
OF $69700,000 FOR THE PURPOSE OF REFINANCING ITS 1996 BONDS,
AND APPROVING RELATED DOCUMENTS AND OFFICIAL ACTIONS
WHEREAS, the Council of the City of San Luis Obispo (the "City ") has previously
adopted its Ordinance No. 1059 (1986 Series) on April 15, 1986 (the "Enabling Ordinance "),
establishing the City of San Luis Obispo Capital Improvement Board (the `Board ") for the
purpose of assisting the City in the financing of public improvements; and
WHEREAS, the Board has previously issued its 1996 Lease Revenue Bonds in the
aggregate principal amount of $7,100,000 (the "1996 Bonds ") under the Enabling Ordinance for
the purpose of financing the construction of a fire station and headquarters, land acquisition,
seismic and other improvements to the City Hall and the acquisition of street lighting facilities;
and
WHEREAS, the 1996 Bonds are subject to redemption in full on June 1, 2006, and due
to favorable conditions in the municipal bond market, the City and the Board wish to realize
interest rate savings by refinancing the outstanding 1996 Bonds at this time; and
WHEREAS, in order to provide funds for that purpose, the Board wishes to authorize the
issuance and sale of its 2005 Refunding Lease Revenue Bonds in the maximum principal amount
of $6,700,000 (the "Bonds ") under the provisions of Enabling Ordinance, and to authorize the
execution and delivery of all related financing documents;
NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of San
Luis Obispo Capital Improvement Board as follows:
SECTION 1. Authorization of Bonds. The Board of Directors hereby authorizes the
issuance of the Bonds under the Enabling Ordinance in the maximum principal amount of
$6,700,000, for the purpose of providing funds to refinance the outstanding 1996 Bonds in full.
The Bonds shall be issued under the Indenture of Trust.which is approved below.
SECTION 2. Approval of Related Financing Agreements. The Board of Directors
hereby approves each of the following agreements required for the issuance and sale of the Bonds
and the refinancing of the 1996 Bonds, in substantially the respective forms on file with the
Secretary together with any changes therein or additions thereto deemed advisable by the Chief
Financial Officer, whose execution thereof shall be conclusive evidence of the approval of any
such changes or additions. The Chief Financial Officer 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 and affix the seal of the Board to, the final form of each such agreement:
R 9672
Resolution No. 9672 (2005 Series)
Page 2
a. Indenture of Trust, between the Board and U.S. Bank National Association, as trustee
(the "Trustee "), setting forth the terms and provisions relating to the Bonds.
b. First Amended and Restated Lease Agreement, between the Board as lessor and the
City as lessee, which amends and restates the 1996 Lease for the purpose (among
others) of incorporating provisions relating to the Bonds and reducing the amount of
annual lease payments required to be paid by the City thereunder to reflect the interest
rate savings resulting from the refinancing;
c. Assignment and Termination Agreement, between the Board and the Trustee,
whereby the Board assigns certain of its rights under the First Amended and Restated
Lease Agreement to the Trustee for the benefit of the Bond owners, and the Board the
Trustee terminate the assignment previously made for the security of the 1996 Bonds;
and
d. Irrevocable Refunding Instructions, given by the Board to U.S. Bank National
Association, as trustee for the 1996 Bonds, providing the investment and
administration of funds to refinance the 1996 Bonds.
SECTION 3. Authorization to Obtain Municipal Bond Insurance. The Board of
Directors hereby directs the Chief Financial Officer to determine whether it is feasible and in the
best interests of the Board to obtain municipal bond insurance for the Bonds. If the Chief
Financial Officer determines that it is in the best interests of the Board to obtain such insurance,
the Chief Financial Officer is authorized to accept a commitment from a municipal bond insurer
to issue such insurance, in the name and on behalf of the Board.
SECTION 4. Authorization of Competitive Sale of Bonds. The Board of Directors
hereby authorizes and directs the competitive sale of the Bonds in accordance with the Notice
Inviting Bids in substantially the form on file with the Secretary together with any changes
therein or additions thereto deemed advisable by the Chief Financial Officer. The Chief
Financial Officer is hereby authorized and directed for and in the name and on behalf of the
Board to accept the best bid for the sale of the Bonds, as determined in accordance with the
Notice Inviting Bids. The Bonds shall be sold at such price, and at such rates of interest, so as to
produce net present value savings to the Board and the City at least equal to 5% of the
outstanding principal amount of the 1996 Bonds which will be refunded from the proceeds of the
Bonds.
SECTION 5. Publication of Notice. Jones Hall, A Professional Law Corporation, as
bond counsel to the Board and the City, is hereby authorized and directed to cause the Notice of
Intention to Sell Bonds, in substantially the form on file with the Secretary together with any
changes therein or additions thereto deemed advisable by the Chief Financial Officer, to be
published once in The Bond Buyer. Such publication shall be made not later than 15 days prior
to the date set for receipt of bids on the Bonds.
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Resolution No. 9672 (2005 Series)
Page 3
SECTION 6. Official Statement. The Board of Directors hereby approves the
preliminary Official Statement describing the Bonds in substantially the form on file with the
Secretary. The Chief Financial Officer is hereby authorized and directed to approve any changes
in or additions to said preliminary Official Statement and to execute an appropriate certificate
stating the Chief Financial Officer's determination that the preliminary Official Statement
(together with any changes therein or additions thereto) has been deemed nearly final within the
meaning of Rule 15c2 -12 of the Securities Exchange Act of 1934. Distribution of the
preliminary Official Statement by the Financial Adviser to prospective bidders is hereby
approved. The Chief Financial Officer is hereby authorized and directed to approve any changes
in or additions to a final form of said Official Statement, and the execution thereof by the Chief
Financial Officer shall be conclusive evidence of approval of any such changes and additions.
The Board of Directors hereby authorizes the distribution of the final Official Statement by the
winning bidder. The final Official Statement shall be executed in the name and on behalf of the
Board by the Chief Financial Officer.
SECTION 7. Official Actions. The President, the Executive Director, the 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 8. Effective Date. This Resolution shall take effect immediately upon its
passage and adoption.
Upon motion of Council Member Brown, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
Resolution No. 9672 (2005 Series)
Page 4
The foregoing resolution was adopted this 5`" day of April 2005.
David F. Romero, President
ATTEST:
LZU", C' 1
Audrey Ho er
Secretary
APPROVED AS TO FORM:
Board Attorney
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RESOLUTION NO. 9671 (2005 Series)
RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING DOCUMENTS AND ACTIONS RELATING TO THE
REFINANCING OF OUTSTANDING 1996 BONDS BY THE
CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD
WHEREAS, the Council of the City of San Luis Obispo (the "City ") has previously
adopted its Ordinance No. 1059 (1986 Series) on April 15, 1986 (the "Enabling Ordinance "),
establishing the City of San Luis Obispo Capital Improvement Board (the "Board ") for the
purpose of assisting the City in the financing of public improvements; and
WHEREAS, the Board has previously issued its 1996 Lease Revenue Bonds in the
aggregate principal amount of $7,100,000 (the "1996 Bonds ") under the Enabling Ordinance for
the purpose of financing the construction of a fire station and headquarters, land acquisition,
seismic and other improvements to the City Hall and the acquisition of street lighting facilities;
and
WHEREAS, the 1996 Bonds are subject to redemption in full on June 1, 2006, and due
to favorable conditions in the municipal bond market, the City and the Board wish to realize
interest rate savings by refinancing the outstanding 1996 Bonds at this time; and
WHEREAS, in order to provide funds for that purpose, the Board proposes to issue and
sell its 2005 Refunding Lease Revenue Bonds in the maximum principal amount of $6,700,000
(the "Bonds ") under the provisions of Enabling Ordinance; and
WHEREAS, the Council has previously approved the 1996 Lease by ordinance as
required by Article 9 of Chapter 5 of Part 1 of Division 2 of the California Government Code
(commencing with Section 54240 of said Code); and
WHEREAS, the Council wishes at this time to approve all proceedings to which it is a
party relating to the issuance and sale of the Bonds and the refinancing of the 1996 Bonds.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Approval of Financing Plan and Related Lease. The Council hereby
approves the refinancing of the 1996 Bonds as set forth in the financing plan outlined in the
recitals of this Resolution. To that end, the Council hereby approves the First Amended and
Restated Lease Agreement (the "Lease ") between the Board as lessor and the City as lessee,
which amends and restates the 1996 Lease for the purpose (among others) of incorporating
provisions relating to the Bonds and reducing the amount of annual lease payments required to be
paid by the City thereunder to reflect the interest rate savings resulting from the refinancing. As
provided in the Lease, the City shall lease certain real property from the Board thereunder,
consisting of a fire station and headquarters facility, in consideration of the payment by the City
of semiannual lease payments which are sufficient in time and amount to provide revenues to pay
debt service on the Bonds as it comes due.
R 9671
Resolution No. 9671 (2005 Series)
Page 2
The Council approves the Lease in substantially the form on file with the City Clerk
together with any changes therein or additions thereto deemed advisable by the Director of
Finance and Information Technology, whose execution thereof shall be conclusive evidence of
the approval of any such changes or additions. The Director of Finance and Information
Technology 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 and affix the seal of the
City to, the final form of the Lease.
SECTION 2. Issuance and Sale of Bonds by Board. The Council hereby approves the
issuance of the Bonds by the Board under the Enabling Ordinance in the aggregate principal
amount of not to exceed $6,700,000, for the purpose of providing funds to refinance the 1996
Bonds. The Council hereby approves the competitive sale of the Bonds by the Board in
accordance with the resolution of the governing body of the Board relating thereto. As provide in
said resolution, the Bonds shall be sold at such price, and at such rates of interest, so as to
produce net present value savings to the Board and the City at least equal to 5% of the
outstanding principal amount of the 1996 Bonds that will be refunded from the proceeds of the
Bonds.
SECTION 3. Official Statement. The Council hereby approves and deems nearly final
within the meaning of Rule 15c2 -12 of the Securities Exchange Act of 1934, the preliminary
Official Statement describing the Bonds in the form on file with the City Clerk. The City
Administrative Officer or the Director of Finance and Information Technology (each an
"Authorized Officer ") is individually authorized, at the request of the purchaser of the Bonds, to
execute an appropriate certificate affirming the Council's determination that the preliminary
Official Statement has been deemed nearly final within the meaning of such Rule. Distribution
of the preliminary Official Statement by the purchaser of the Bonds is hereby approved. An
Authorized Officer is hereby authorized and directed to approve any changes in or additions to a
final form of said Official Statement, and the execution thereof by an Authorized Officer shall be
conclusive evidence of approval of any such changes and additions. The Council hereby
authorizes the distribution of the final Official Statement by the purchaser of the Bonds. The
final Official Statement shall be executed in the name and on behalf of the City by an Authorized
Officer.
SECTION 4. Official Actions. The Mayor, the City Administrative Officer, the
Director of Finance and Information Technology, the City Clerk, the City Attorney and all other
officers of the City are each authorized and directed in the name and on behalf of the City to
make any and all 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.
Resolution No. 9671 (2005 Series)
Page 3
SECTION 5. Effective Date. This Resolution shall take effect immediately upon its
passage and adoption.
Upon motion of Vice Mayor Ewan, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5 h day of April 2005.
Mayor David F. Romero
ATTEST:
7
Audrey H per
City Cler
APPROVED AS TO FORM:
Jonktha . Lowell
City Attorney
A-FW\-U-)
RESOLUTION NO. 9670 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO,
IN CONNECTION WITH THE FINANCING OF THE NACIMIENTO
WATER PROJECT DESIGN PHASE AND DECLARING ITS
INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM
BOND ANTICIPATION NOTE PROCEEDS
WHEREAS, the City of San Luis Obispo ( "City ") has heretofore entered into a Nacimiento
Project Water Delivery Entitlement Contract ( "Contract ") with the San Luis Obispo County Flood
Control and Water Conservation District ( "District "), pursuant to which, among other things, the
City has agreed to pay its pro rata share of the costs of construction of a water pipeline from Lake
Nacimiento to the City (the "Project "); and
WHEREAS, the District now desires to commence the design and engineering phase of the
Project (the "Design Phase ") and the City and the District wish to provide for the advancement of
funds, from time to time, by the City to pay the City's pro rata share of the Design Phase costs (the
"Reimbursable Expenditures "); and
WHEREAS, the District has advised the City that it intends to cause to be issued certain tax -
exempt bond anticipation notes ( "Notes ") or revenue bonds ( "Bonds ") to reimburse the City among
others for the Reimbursable Expenditures and to pay for additional Design Phase and/or Project
expenditures; and
WHEREAS, Section 1.150 -2 of the Treasury Regulations requires the City Council to
declare its reasonable official intent to reimburse such Reimbursable Expenditures for the Project
with proceeds of such Notes which the City reasonably expects will be issued to finance the costs of
the Design Phase incurred prior to the date of issuance of the Notes and that certain of the proceeds
of such Notes or Bonds (collectively, the "Obligations ") in the amount of not to exceed $8,287,750
($6,630,302 estimated design cost + 25% contingency) will be used to reimburse the Reimbursable
Expenditures.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Recitals. The foregoing recitals are true and correct.
SECTION 2. Intention to Reimburse. The City hereby declares its reasonable official
intention to use a portion of the proceeds of the Notes to reimburse itself for the Reimbursable
Expenditures.
SECTION 3. Intention to Issue Obligations. The District presently intends and
reasonably expects to issue or cause to be issued the Obligations on behalf of the City within 18
months of the date of the expenditure of moneys on the Design Phase or the date upon which the
Project is placed in service or abandoned, whichever is later (but in no event more than 3 years after
the date of the original expenditure of such moneys), and to allocate an amount of not to exceed
$8,287,750 of the proceeds thereof to the Reimbursable Expenditures in connection with the Project.
All of the Reimbursable Expenditures covered by this Resolution were made not earlier than 60 days
prior to the date of this Resolution.
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Resolution No. 9670 (2005 Series)
Page 2
SECTION 4. Compliance with Treasury Regulations. This Resolution is adopted for
purposes of establishing compliance with the requirements of Section 1.150 -2 of the Treasury
Regulations.
SECTION 5. Official Actions. The Mayor, City Administrative Officer, Director of
Finance and Information Technology, and the Clerk of the City are hereby authorized and directed to
take all actions and do all things necessary or desirable hereunder in connection with the financing of
the Design Phase, including but not limited to the execution and delivery of any and all related
agreements, filings, instruments and other documents which they, or any of them, may deem
necessary or desirable and not inconsistent with the purposes of this Resolution.
SECTION 6. Effective Date. This Resolution shall take effect immediately upon its
passage and adoption.
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan and Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
The foregoing resolution was adopted this 5° day of April 2005. .
Mayor David F. Romero
ATTEST:
Audrey Hoo r U
City Clerk
APPROVED AS TO FORM:
Jon an P. Lowell
City Attorney
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RESOLUTION NO. 9669 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING
AN AMENDMENT TO THE NACIMIENTO PROJECT WATER DELIVERY
ENTITLEMENT CONTRACT WITH THE SAN LUIS OBISPO COUNTY FLOOD
CONTROL AND WATER CONSERVATION DISTRICT
WHEREAS, the Council for the City of San Luis Obispo adopted Resolution No. 9586 on
June 29, 2004 approving the Nacimiento Project Water Delivery Contract with the San Luis Obispo
Flood Control and Water Conservation District; and
WHEREAS, the current contract requires a lump sum payment for the City's share of the
project design costs: and
WHEREAS, the Amendment to the contract will allow the City to make quarterly payments
for the design costs associated with the project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
to adopt a resolution approving the Amendment to the Nacimiento Project Water Delivery Contract -
with the San Luis Obispo Flood Control and Water Conservation District.
SECTION 1. The forgoing recitals are true and correct.
SECTION 2. The terms and provisions of the Amendment, included as Exhibit A to this
resolution and as presented to and reviewed by this meeting of the Council for the City of San Luis
Obispo, are hereby approved, and the Mayor of the City is hereby authorized and directed to execute
the Amendment in the name and on behalf of the City, in substantially the form presented to and
approved at this meeting of the Council for the City of San Luis Obispo..
SECTION 3. This resolution shall take effect immediately upon its adoption.
Upon motion of Council Member Settle, seconded by Council Member Mulholland
and on the following vote:
AYES: Council Members Brown and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: Council Member Mulholland
ABSENT: None
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Resolution No. 9669 (2005 Series)
Page 2
The foregoing resolution was adopted this 5th day of April 2005.
Mayor David F. Romero
ATTEST:
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
Jon ha . Lowell
City Attorney
f f i
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MEMORANDUM OF UNDERSTANDING
(First Amendment to Nacimiento Project Water
Delivery Entitlement Contract)
This Memorandum of Understanding (the "MOU") is entered into by and between the
San Luis Obispo County Flood Control and Water Conservation District, a Flood Control and
Water Conservation District duly established and existing under the San Luis Obispo County
Flood Control and Water Conservation Act, Act 7205 of the Uncodified Acts of the California
Water Code (the "District "), and the City of San Luis Obispo, a chartered city and municipal
corporation of the State of California (the "Participant "), is undertaken with regard to the
following facts:
RECITALS:
WHEREAS, the. Participant has contracted with the District pursuant to that certain
Nacimiento Project Water Delivery Entitlement Contract, approved by the District on August 17,
2004 (as originally executed, the "Original Contract" and as amended hereby, the "Contract ")
regarding the financing, construction and operation of a water pipeline project intended to reach
from Lake Nacimiento to the Participant (the "Project ") for the delivery of additional water for
the use and benefit of the lands and inhabitants served by the Participant; and
WHEREAS, the Contract requires the Participant to make semiannual payments with
respect to the Participant's allocation of costs accumulated in connection with the financing and
later operation of the Project;
WHEREAS, notwithstanding such payment schedule in the Contract, the Participant and
the District desire to follow a separate payment schedule with respect to the initial financing of
the preliminary, planning and design costs of the Project;
WHEREAS, the Participant and the District now wish to use this MOU to effect an
amendment to the Contract to reflect an additional option available to the Participant for its share
of such costs; and
WHEREAS, in compliance with Article 32 of the Contract, all Other Participants (as
defined in the Contract) are also being provided with a Memorandum of Understanding (First
Amendment to Nacimiento Project Water Delivery Entitlement Contract) (each, an "Other
MOU"), all of which shall be executed by the respective Other Participants as a condition to the
effectiveness hereof;
NOW, THEREFORE, be it agreed and understood by the parties hereto, as follows:
Section 1. Recitals; Defined Terms. The foregoing recitals are true and correct.
Capitalized terms used but not defined herein shall have the meanings ascribed thereto in the
Contract.
Section 2. Amended and Added Definitions. The following definitions shall replace the
definitions of "Design Phase" and "Construction Phase" in the Original Contract:
3161epagr.doc
"Design Phase" shall mean that period of time preceding the Construction Phase during
which the design, engineering and/or planning for the construction of the Nacimiento Project are
being undertaken. The Design Phase shall conclude with the opening of the first group of
Construction Bids resulting in the award of a construction contract for all, or a sub -phase of, the
Nacimiento Project. Any costs incurred for the design, engineering, and/or planning of the
Nacimiento Project after the Design Phase still constitute part of the Nacimiento Project
Construction Costs.
"Construction Phase" shall mean the period of time following the opening of the first
group of Construction Bids resulting in the award of a construction contract for all, or a sub -
phase of, the Nacimiento Project. During the Construction Phase, the District shall apply the
proceeds of the Municipal Obligations to pay the Nacimiento Project Costs.
The following new definitions shall be added to the Original Contract:
"Cash Contribution" shall mean the cash payment(s) made to the District by the
Participant towards its pro rata share of Design Phase Costs pursuant to Article 2.5. Proceeds of
Notes do not constitute the payment of a Cash Contribution.
"Design Phase Costs" shall mean the costs and expenses incurred by or on behalf of the
District, the Participant or any Other Participant in connection with the design, engineering
and/or planning of the Nacimiento Project during the Design Phase.
Section 3. Correction of Clerical Error in Article 2(D). The words "on the Opt -out Date"
and "on an Opt -out Date" in the second and third sentences respectively of paragraph (D) of
Article 2 of the Original Contract are hereby both corrected and replaced with the words "by the
Opt -out Date."
Section 4. Addition of New Article to Contract. A new Article is hereby added to the
Contract, to be inserted between Article 2 and Article 3 of the Contract, and to read in its entirety
as follows:
ARTICLE 2.5
ALTERNATE FINANCING OF DESIGN PHASE COSTS
(A) Financing Design Phase Costs. The Participant is obligated to pay to the District its
pro rata share of the Design Phase Costs. The parties have determined that the Design Phase
Costs may be financed initially with Cash Contributions from the Participant and from some or
all the Other Participants and/or from the proceeds of certain Tax- Exempt and/or taxable Notes
to be issued by the District or by the SLO County Financing Authority on behalf of the
Participant and/or Other Participant(s). To the extent that the Participant elects to make Cash
Contributions towards its pro rata share of Design Phase Costs, such Cash Contributions shall be
calculated and become due in accordance with this MOU.
(B) Notice of Election. In order to make Cash Contributions under this Article, the
Participant shall provide the District with its written election to make Cash Contributions
towards Design Phase Costs by a date no later than 30 days following the effective date of this
MOU, as described in Section 7 of this MOU. In the event the Participant does not elect to make
-2-
a Cash Contribution, or in the event that the Cash Contributions described herein do not
completely cover the Participant's pro rata share of all Design Phase Costs, the Participant
confirms and ratifies the authorization of the District to issue or cause to be issued Notes on
behalf of the Participant.
(C) Cash Contribution Amount. If the Participant elects to use the Cash Contribution
method described in this Article, the amount of said Cash Contributions is hereby established as
follows:
(i) Current Cash Contribution Amount. The amount of the Participant's Cash
Contribution is set forth in the attached Exhibit A, which is incorporated herein by this reference,
and made a part hereof. Exhibit A also sets forth the District's current estimate of the total
Design Phase Costs and the Participant's and each Other Participant's pro rata share of that
estimate. Participant shall pay its Cash Contribution to the District pursuant to the payment
schedule set forth on Exhibit A.
(ii) Methodology for Calculating Any Additional Cash Contributions. The
Parties understand and agree that the amount of the current Cash Contribution is based upon a
District estimate of the cost of the various services and tasks needed to complete the Design
Phase, and that the actual Design Phase Costs may actually be higher or lower than these
estimates. In the event the Design Phase Costs exceed the District's original estimates,
additional Cash Contributions may be necessary to pay for the total Design Phase Costs. The
exact amount of any such additional Cash Contributions will depend upon (1) the actual Design
Phase Costs incurred to date, (2) any anticipated additional Design Phase Costs need to complete
the Design Phase, and (3) whether any Notes have or will be issued to finance Design Phase
Costs. Any such additional Cash Contributions shall be evidenced by a revised Exhibit A to this
MOU which will reflect the increases in Design Phase Costs calculated by the District. Any
such revised Exhibit A shall be submitted by the District to the Nacimiento Project Commission
( "NPC ") for the NPC's approval. No revision to Exhibit A will be presented to the NPC until
after the District has provided written notice of such revision to the Participants. Once approved
by the NPC and delivered by the District to the Participant, the amount of any additional Cash
Contributions set forth in the revised Exhibit A shall be binding upon the Participant. Only one
revision of Exhibit A is allowed under this paragraph.
Regardless of whether any additional Cash Contribution(s) are required of
Participant under this Article, the Participant is still obligated to pay its pro rata share of the total
Design Phase Costs. In the event the NPC should fail to approve future revisions to Exhibit A,
any Design Phase Costs not paid through Cash Contribution(s) shall be financed as provided in
the Contract. In such event, the Participant understands and agrees that it may not be possible to
complete the Design Phase unless the District issues or causes to be issued Notes in the name
and on behalf of one or more of the Participants in order to fund the remaining Design Phase
Costs not covered by Exhibit A.
(D) Participant's Access to Information. At Participant's request, the District shall
provide the Participant with any and all updated engineering or design information, contract
terms and other information relating to the Project which supports the District's calculation of
the Cash Contribution.
-3-
C�
(E) Payment Schedule. The Participant covenants and agrees that, in the event it elects
to make a Cash Contribution, it will make installment payments to the District pursuant to the
payment schedule included on .Exhibit A. The payment schedule for any additional Cash
Contributions shall be set forth in any further revision to Exhibit A. The Participant understands
that, unless it has opted out under the provisions of Article 2(B) of the Contract, its Cash
Contribution(s), if any, may (at the option of the Participant, and only to the extent covered by
the terms of a resolution adopted by the governing body of the Participant in compliance with
U.S. Treasury Regulation Section 1.150 -2) be reimbursed to the Participant from the proceeds of
the Notes and/or the Revenue Bonds. The parties understand and agree that any payment
schedule for the Notes and/or the Revenue Bonds shall be dictated by financial market conditions
on such date of issuance and that payments due from the Participant in connection with its
proportionate share of the Notes and/or the Revenue Bonds may be made more frequently, or
less frequently, and in larger or smaller amounts than the Participant's payments hereunder.
Section 5. Governing Law. This MOU shall be governed by the provisions of the laws
of the State of.California applicable to contracts made and performed in such State.
Section 6. Counterparts. This MOU may be executed in counterparts, each of which
shall, together, constitute an entire document.
Section 7. Effective Date. This MOU shall become effective as of the last date upon
which the District, the Participant, and the Other Participants shall execute this MOU or one of
the Other MOUs, in accordance with Article 32 of the Contract.
Section 8. Ratification. In all other respects, the provisions of the Original Contract are
confirmed and ratified.
IN WITNESS WHEREOF, the parties have each executed this MOU by their duly
authorized representatives as of the first date set forth above:
CITY OF SAN LUIS OBISPO
By
David F. Romero, Mayor
Date //�� 7� 2_Q�
APPROVED AS TO FORM: ATTEST:
By By V,(" �,
Jo ath . Lowell, City Attorney Audrey Hoop ity Cl rk
0
APPROVED AS TO FORM:
COUNTY COUNSEL:
Deputy County Counsel
Date
m
SAN LUIS OBISPO COUNTY FLOOD
CONTROL AND WATER CONSERVATION
DISTRICT
Chairperson, Board of Supervisors
Date
ATTEST:
JULIE L. RODEWALD, COUNTY CLERK
Deputy County Clerk
Date
-5-
RESOLUTION NO. 9668 (2005 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO REVISING
MANAGEMENT COMPENSATION AND THE PAY FOR PERFORMANCE SYSTEM
FOR APPOINTED OFFICIALS, DEPARTMENT HEADS AND OTHER MANAGEMENT
PERSONNEL AND SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT
WHEREAS, the City Council is committed to a comprehensive policy that strengthens the
recruitment and retention of well qualified and effective appointed officials and management
personnel; and
WHEREAS, in 1996 the City Council established the Management Pay for Performance
System, which has included periodic reviews and updates;
WHEREAS, the City Council wishes to provide an appropriate compensation package for
its management personnel;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby revises management compensation and Management Pay for Performance System as
follows:
SECTION 1. The management compensation package and the Management Pay for
Performance System will continue for a one -year term commencing January 1, 2005.
SECTION 2. The City, agrees to provide a 3% cost of living adjustment to all
management employees effective April 7, 2005 and to adjust management salary ranges
accordingly as shown in Exhibit "A ".
SECTION 3. The City agrees to amend the PERS contract to include the Optional
Settlement 2 Death Benefit effective July 1, 2005.
SECTION 4. The City agrees to increase the cafeteria contribution to $610 per month
effective April 1, 2005.
SECTION 5. The City shall continue to provide employees in those classifications listed in
Exhibit "A" certain fringe benefits as set forth in Exhibit `B ", fully incorporated by reference.
SECTION 6. The Director of Finance and Information Technology shall adjust the
appropriate accounts to reflect the compensation changes.
e..:
t�
Resolution No. 9668 (2005 Series)
Page 2
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan
and Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5 h day of April 2005.
4� �J �fZ�COYy1 //J�
Mayor David F. Romero
ATTEST:
Lae 4,
Audrey Hoope ; City Clerk
APPROVED AS TO FORM:
Jonah . Lowell
City Attorney
APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE
Effective April 7, 2005 Exhibit "A"
Salary Group Position Title Range Low Range High
I City Administrative Officer $9,502 $11,879
II
City Attorney
$8,677
$10,844
III -A
Police Chief
$7,936
$9,924
III
Assistant City Administrative Officer
$7,851
$9,817
III
Director of Finance and Information Technology
$7,851
$9,817
III
Fire Chief
$7,851
$9,817
III
Public Works Director
$7,851
$9,817
IV
Director of Community Development
$7,487
$9,362
IV
Utilities Director
$7,487
$9,362
V
Director of Human Resources
$7,090
$8,864
V
Parks and Recreation Director
$7,090
$8,864
VI
Deputy Director of PW /City Engineer
$6,519
$8,148
VII
Assistant City Attorney
$6,208
$7,760
VII
City Clerk
$6,208
$7,760
VII
Deputy Director of CD - Development Review
$6,208
$7,760
VII
Deputy Director of CD - Long Range Planning
$6,208
$7,760
VII
Deputy Director of Utilities/Wastewater
$6,208
$7,760
VII
Deputy Director of Utilities/Water
$6,208
$7,760
VII
Deputy Public Works Director
$6,208
$7,760
VII
Finance Manager
$6,208
$7,760
VII
Information Technology Manager
$6,208
$7,760
VIII
Chief Building Official
$5,559
$6,949
VIII
City Traffic Engineer
$5,559
$6,949
VIII
Economic Development Manager
$5,559
$6,949
VIII
Natural Resources Manager
$5,559
$6,949
IX
Construction Eng Manager
$5,327
$6,657
IX
Fire Marshall
$5,327
$6,657
IX
Supervising Civil Engineer
$5,327
$6,657
X
Neighborhood Services Manager
$4,983
$6,229
X
Parking Manager
$4,983
$6,229
X
Principal Administrative Analyst
$4,983
$6,229
X
Principal Civil Engineer
$4,983
$6,229
X
Principal Transportation Planner
$4,983
$6,229
X
Public Works Administrative Services Manager
$4,983
$6,229
X
Recreation Manager
$4,983
$6,229
X
Risk Manager
$4,983
$6,229
X
Transit Manager
$4,983
$6,229
X
Utilities Engineer
$4,983
$6,229
CADOCUME -1 \slouser\LOCALS -1 \Temp \Mgtranges04_07_05
APPOINTED OFFICIALS AND MANAGEMENT SALARY SCHEDULE
Effective April 7, 2005
Salary Group Position Title
X
Water Projects Manager
$4,983
$6,229
X
Water Treatment Plant Supervisor
$4,983
$6,229
X
WRF Plant Supervisor
$4,983
$6,229
XI
GIS Manager
$4,700
$5,876
XI
Human Resources Analyst
$4,700
$5,876
XI
Industrial Waste Coordinator
$4,700
$5,876
XI
Senior Administrative Analyst
$4,700
$5,876
XI
Senior Planner
$4,700
$5,876
XI
Telecommunications Supervisor
$4,700
$5,876
XI
Utilities Conservation Coordinator
$4,700
$5,876
XI
Wastewater Collection Supervisor
$4,700
$5,876
XI
Water Distribution Supervisor
$4,700
$5,876
XI
Water Supply Supervisor
$4,700
$5,876
XII
Accounting Supervisor
$4,338
$5,421
XII
Customer Services Supervisor
$4,338
$5,421
XII
Facilities Maintenance Supervisor
$4,338
$5,421
XII
Fleet Maintenance Supervisor
$4,338
$5,421
XII
Golf Course Supervisor
$4,338
$5,421
XII
Parks and Urban Forest Supervisor
$4,338
$5,421
XII
Program and Project Coordinator
$4,338
$5,421
XII
Recreation Supervisor
$4,338
$5,421
XII
Streets Maintenance Supervisor
$4,338
$5,421
Xllj
Administrative Analyst II
$4,144
$5,180
XIV
Administrative Analyst 1
$3,767
$4,707
XIV
Ranger Services Administrator
$3,767
$4,707
C:\DOCUME-l\slouser\LOCALS-1\Temp\MgtrangesO4-O7-O5
Exhibit "B"
DEPARTMENT HEAD AND MANAGEMENT FRINGE BENEFITS
2005
Section A Medical, Dental, Eve Care
The City shall establish and maintain medical, dental and eye care insurance plans for coverage
by department head and management employees and their dependents. The City reserves the
right to choose the method of insuring and plans to be offered.
The City has elected to participate in the Ca1PERS Health Benefit Program with the "unequal
contribution option" at the PERS minimum contribution rate, currently $32.20 per month for
active employees and $10.61 per month for retirees. The City's contribution toward retirees
shall be increased by 5% per year of the City's contribution for the active employees until such
time as contributions for employees and retirees are equal.
Employees with proof of medical insurance elsewhere are not required to participate in the
medical insurance plan and may receive the unused portion of the City's contribution (after
dental and vision insurance is deducted) in cash in accordance with the City's cafeteria plan.
Those employees will be assessed $16.00 per month to be placed in the Retiree Health Insurance
Account. This account will be used to fund the City's contribution toward retiree premiums and
the City's costs for the Public Employees' Contingency Reserve Fund and Administrative Costs.
However, there is no requirement that these funds be used exclusively for this purpose, nor any
guarantee that they will be sufficient to fund retiree health costs, although they will be used for
employee benefits.
Employees will be required to participate in the City's dental and vision plans at the employee -
only rate. Should they elect to cover dependents in the City's dental and vision plans, they may
do so, even if they do not have dependent coverage for medical insurance.
Employees shall participate in term life insurance of $4,000 through payroll deduction as a part
of the cafeteria plan.
Section B Cafeteria Plan Contribution
The City shall contribute $610 per month for cafeteria plan benefits for each regular, full -time
employee covered by this resolution. Less than full -time employees shall receive a prorated
share of the City's contribution.
The City agrees to continue its contribution to the cafeteria plan for two (2) pay periods in the
event that an employee has exhausted all paid time off due to an employee's catastrophic illness.
Section C Life and Disability Insurance
The City shall provide the following special insurance benefits in recognition of management
responsibilities:
C t�
Resolution No. 9668 (2005 Series) EXHIBIT `B"
Management Fringe Benefits 2005 Page 2
1. Long -term disability insurance providing 66 2/3% of gross salary (maximum benefit
$5,500 per month) to age 65 for any sickness or accident, subject to the exclusions in
the long -term disability policy, after a 30 -day waiting period.
2. In addition to $4,000 term life insurance purchased by the employee through the
cafeteria plan, $100,000 term life insurance for department heads and $50,000 term
life insurance for management employees, including accidental death and
dismemberment.
Section D Retirement
The City shall provide the California Public Employees' Retirement System's (Ca1PERS) 2.7%
at 55 plan to all eligible employees including the amendments permitting conversion of unused
sick leave to additional retirement credit, the 1959 survivor's benefit (Level Four), one year final
compensation and pre - retirement Option 2 death benefit.
The Police and Fire Chiefs shall receive the same retirement benefits as sworn personnel in their
departments.
The City agrees to pay the employee's contribution to Ca1PERS (8% for miscellaneous, 9% for
safety). These amounts paid by the City are employee contributions and are paid by the City to
satisfy the employee's obligation to contribute the current percentage of salary to Ca1PERS. An
employee has no option to receive the contributed amounts directly instead of having them paid
by the City to Ca1PERS on behalf of the employee. It is further understood and agreed that the
payment of the employee's CaIPERS contribution is made subject to I.R.S. approval and
reporting procedures.
The City shall report as salary all Employer -Paid Member Contributions (EPMC) to Ca1PERS
for the purposes of retirement credit in accordance with Government Code Section 20636 (c) (4).
Section E Supplemental Retirement
The City shall contribute 1% of salary for management empl .)yees and 2% of salary for
department heads to a defined contribution supplemental retirement plan established in
accordance with sections 401 (a) and 501 (a) of the Internal Revenue Code of 1986 and
California Government Code sections 53215 - 53224.
Section F Vacation
Vacation leave is governed by section 2.36.440 of the Municipal Code, except that it may be
taken after the completion of the sixth calendar month of service since the benefit date. Vacation
leave shall be accrued as earned each payroll period Provided that not more than twice the annual
rate may be carried over to a new calendar year.
Resolution No. 9668 (2005 Series) EXHIBIT `B
Management Fringe Benefits 2005 Page 3
However, if the City Administrative Officer determines that a department head has been unable
to take vacation due to the press of City business, the City Administrative Officer may approve a
two -month extension of maximum vacation accrual. The City Administrative Officer may,
within two years of appointing a department head, increase the rate of vacation accrual to a
maximum of 120 hours per year.
Vacation schedules for management employees shall be based upon the needs of the City and
then, insofar as possible, upon the wishes of the employee.. A department head may not deny a
management employee's vacation request if such denial will result in the loss of vacation accrual
by the employee, except that, a department head may approve a two -month extension of
maximum vacation accrual. However, in no event shall more than one such extension be granted
in any calendar year.
Department Head and management employees are eligible, once annually in December, to
request payment for up to 40 hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory.
Section G Administrative Leave
Department heads shall be granted up to 80 hours of administrative leave per calendar year.
Department heads shall have the option of taking such leave as additional paid leave or receiving
cash for up to 80 hours at year end upon approval of the City Administrative Officer.
Management employees shall be granted up to 48 hours of administrative leave per calendar
year.
Administrative leave hours shall be pro -rated when a department head or management employee
is appointed or leaves employment during the calendar year. The employee's final check will be
adjusted to reflect the pro -rated hours.
Department Heads and Managers are considered exempt from the overtime provisions of the Fair
Labor Standards Act (FLSA) and not eligible for overtime payment. In general, management
employees are expected to work the hours necessary to successfully carry out their duties and
frequently must return to work or attend meetings and events outside their normal working
hours. However, when specifically authorized by the department head due to extraordinary
circumstances, a management employee may receive overtime payment of time and one -half for
hours worked above and beyond what would be considered normal work requirements during an
emergency event lasting at least eight (8) hours.
Resolution No. 9668 (2005 Series) EXHIBIT `B"
Management Fringe Benefits 2005 Page 4
Section H Holidays
Department heads and management employees shall receive 11 fixed plus 2 floating holidays per
year. The floating holidays shall be accrued on a semi- monthly basis and added to the vacation
accrual.
Section I Sick Leave
Sick leave is governed by section 2.36.420 of the Municipal Code. An employee may take up to
16 hours per year of sick leave if required to be away from the job to personally care for a
member of his/her immediate family as defined in Section 2.36.420. This may be extended to 40
hours per year if the family member is part of the employee's household and to 56 hours if a
household family member is hospitalized and the employee submits written verification of such
hospitalization. If the family member is a child, parent or spouse, an employee may use up to 48
hours annually to attend to the illness of the child, parent or spouse, instead of the lesser
maximums above, in accordance with Labor Code Section 233.
In conjunction with existing leave benefits, department head and management employees with
one year of City service who have worked at least 1,280 hours in the previous year may be
eligible for up to 12 weeks of Family/Medical Leave in accordance with the federal Family and
Medical Leave Act and the California Family Rights Act.
Sick leave may be used to be absent from duty due to the death of a member of the employee's
immediate family as defined in Section 2:36.420, provided such leave shall not exceed forty
working hours for each incident. The employee may be required to submit proof of relative's
death before being granted sick leave pay. False information concerning the death or
relationship shall be cause for discharge.
Upon termination of employment by death or retirement, a percentage of the dollar value of the
employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or
beneficiaries according to the following schedule:
(A) Death — 25%
(B) Retirement and actual commencement of Ca1PERS benefits:
(1) After ten (10) years of continuous employment — 10%
(2) After twenty years of continuous employment — 15%
Section J Workers' Compensation Leave
An employee who is absent from duty because of on -the -job injury in accordance with State
workers' compensation law and is not eligible for disability payments under Labor Code Section
4850 shall be paid the difference between his/her base salary and the amount provided by
workers' compensation law during the first ninety (90) business days of such temporary
Resolution No. 9668 (2005 Series) EXHIBIT `B"
Management Fringe Benefits 2005 Page 5
disability absence. Eligibility for workers' compensation leave requires an open workers'
compensation claim.
Section K Vehicle Assignment
For those department heads who require the use of an automobile on a regular 24 -hour basis to
perform their normal duties, the City will, at City option, provide a City vehicle or an appropriate
allowance for the employee's use of a personal automobile. The use of a personal automobile
for City business will be eligible for mileage reimbursement in accordance with standard City
policy.
Section L Layoffs
In accordance with Section 2.36.320 of the Personnel Rules, the City Council of San Luis Obispo
shall determine when and in what position classifications layoffs are to occur.
Section M ADvointed Officials
The fringe benefits outlined in this exhibit for department heads apply to appointed officials,
except where they have been modified by council resolution.
O O
RESOLUTION NO. 9667 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING THE LEAGUE OF CALIFORNIA CITIES TASK FORCE IN PURSUING
APPROPRIATE PENSION REFORMS AND EXPRESSING CONCERNS WITH ACA 5
AND OTHER SIMILAR INITIATIVES
WHEREAS, the League of California Cities welcomes a comprehensive discussion
about pension reform, focused on curbing the increased costs of providing public pensions in the
context of the critical role that public pension benefits play in the recruitment and retention of a
skilled public workforce; and
WHEREAS, the defined benefit model used for public employee pensions has been in
place for about sixty years in California, and has ensured that California residents receive high
quality services from motivated, highly professional public employees; and
WHEREAS, the League recognizes that problems exist and must be addressed in the
defined retirement benefit plans in California; such concerns are: a) Increased cost to the public
employer and ultimately the taxpayer; 2) volatility of employer pension contributions; 3) some
excessive benefit formulas; and, 4) permitted abuses due to the lack of proper restraints in
retirement law; and
WHEREAS, solutions to problems in the defined benefit retirement plans require a wide
variety of options and strategic approaches and should avoid one - size - fits -all solutions, which
fail to take into account the complexity of the issues, such as ACA 5 and ACA 1 -1x; and
WHEREAS, defined contribution plans as the only alternative raise the immediate costs
of public pension plans and seriously erode the ability of public employers, such as the City of
San Luis Obispo, to retain and recruit skilled public employees.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. League Task Force Recommendations. The Council hereby supports the
League of California Cities' task force in developing recommendations that address the
necessary and required reform of the public pension system.
SECTION 2. Opposition to ACA 5 and ACA 1 -1x. The Council hereby specifically
opposes Assembly Constitutional Amendment 5, Special Session Assembly Constitutional
Amendment 1, as well as any and all measures proposed for the upcoming special election
statewide ballot that would mandate the replacement of the current defined benefit retirement
system with a private defined contribution system, whether for new or existing employees.
R 9667
i�
Resolution No. 9667 (2005 Series)
Page 2
Upon motion of Council Member Settle, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 5th day of April 2005.
ATTEST:
CvhzQ ' �l A
Audrey Ho r
City Clerk
APPROVED AS TO FORM:
P. Lowell
City Attorney
RESOLUTION NO. 9666 (2005 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY ATTORNEY
WHEREAS, on May 6, 2003 the City Council approved such a contract of
employment appointing Jonathan Lowell to the position of City Attorney; and
WHEREAS, the City Council conducted a performance evaluation on March 7,
2005, in accordance with the Appointed Officials' Performance Process as modified in
August of 2002;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Effective April 7, 2005, the City Attorney's salary shall be $10,485
per month. This reflects a 3% cost of living adjustment and a 1% pay for performance
adjustment.
SECTION 2. All other compensation and benefits afforded the City Attorney
under Resolution No. 9528 (2004 Series) and the City Attorney Employment Agreement,
not superseded by the above, shall remain in full force and effect.
SECTION 3. The City Council shall evaluate the performance of the City
Attorney annually.
On motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle,
Vice Mayor Ewan and Mayor Romero
NOES: None
ABSENT: None
Resolution No. 9666 2O 05 Series)
Page 2
The foregoing Resolution was adopted this 5`s day of April 2005.
Mayor David F. Romero
ATTEST:
Audrey H per
City Clerly
APPROVED AS TO FORM:
Christine Dietrick
Assistant City Attomey
0
RESOLUTION NO. 9665 (2005 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO ADJUSTING COMPENSATION
FOR THE CITY ADMINISTRATIVE OFFICER
WHEREAS, by Resolution No. 9037 (2000 Series), the City Council appointed
Ken Hampian as City Administrative Officer; and
WHEREAS, by Resolution No. 9546 (2004 Series) the City Council established
compensation for City Administrative Officer; Ken Hampian; and
WHEREAS, the City Council conducted a performance evaluation on March 7,
2005, in accordance with the Appointed Officials' Performance Process as modified in
August of 2002;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San
Luis Obispo as follows:
SECTION 1. Effective April 7, 2005, the City Administrative Officer's salary
shall be $11,859 per month. This reflects a 3% cost of living adjustment.
SECTION 2. All other compensation and benefits afforded the City
Administrative Officer under Resolution No. 9528 (2004 Series) and the City
Administrative Officer Employment Agreement (Resolution No. 9037, 2000 Series), not
superseded by the above, shall remain in full force and effect.
SECTION 3. The City Council shall evaluate the performance of the City
Administrative Officer annually.
On motion of Council Member Settle, seconded by Council Member Mulholland,
and on the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle,
Vice Mayor Ewan and Mayor Romero
NOES: None
ABSENT: None
R 9665
U
Resolution No. 9665 005 Series)
Page 2
The foregoing Resolution was adopted this 5`s day of April 2005.
Mayor R M"
ATTEST:
444t,� d-lx
Audrey H per
City Clerk'
APPROVED AS TO FORM:
Jo ath . Lowell
City Attorney
jn7v Z
CP-0 C�
N
O
RESOLUTION NO. 9664 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO OF INTENTION TO ABANDON THE ENTIRE 30 FOOT WIDE
SAN JUAN DRIVE RIGHT -OF -WAY, ADJACENT TO LOOMIS
(ABAN 155 -04)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on February 9, 2005 for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request for abandonment of excess right
of way adjacent to Loomis Street known as San Juan Drive;
WHEREAS, research of the title report shows that the City of San Luis Obispo does not
have fee ownership of land underlying the Street R/W; and
WHEREAS, the City Planning Commission found that the proposed right -of -way
abandonment was consistent with the City's General Plan, and recommended that the City
Council approve the abandonment, based on findings and subject to conditions as indicated in
Planning Commission Resolution, incorporated herein by reference;
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis
Obispo to abandon San Juan Drive (from the southerly prolongation of easterly sideline of Santa
Ynez Avenue having a bearing of N3 °43'E, to the Northerly terminus of San Juan Drive as
shown of the Map of Monterey Heights, recorded in Book 3 at Page 66 of Maps in the office of
the San Luis Obispo County Recorder on September 23, 1925) and as shown on the map marked
Exhibit "A ", attached hereto and incorporated herein by reference, pursuant to Section 8300 et
seq. of the State of California Streets and Highways Code, and that the abandonment shall be
based on the following findings, and subject to the following conditions and code requirements:
Findmes
1. The proposed right -of -way abandonment is consistent with the General plan because it is no
longer needed for public purposes.
2. Development of the right of way as a road would cause unnecessary significant site impacts
and serve no reasonable purpose since each property fronting the right of way can already
gain access from other existing streets.
3. The right -of -way abandonment will benefit the general public by eliminating an unused
right of way and eliminating the City's costs for maintaining infrastructure within the right
of way.
I• sfi
Resolution No. 9664 (2005 Series)
Page 2
4. The proposed right -of -way abandonment is categorically exempt from environmental
review under Section 15301 of the California Environmental Quality Act.
Conditions
1. The abandonment shall be recorded prior to or concurrently with the Final Lot Line
Adjustment proposed for the property at 2318 Loomis Street.
2. Dedication of a 30 foot wide easement for any existing or future sanitary sewer and public
utilities over the entire abandonment area. The easement shall be recorded concurrent
with or prior to recordation of the City Council resolution abandoning San Juan Drive.
3. Construction of "all- weather" access to all sewer manholes or clean-outs in the area of
abandonment, shall be completed prior to recordation of City Council resolution
abandoning San Juan Drive.
4. Prepare all required pictorial exhibits and/or legal descriptions necessary to complete the
abandonment process shall be provided by the project applicant to the satisfaction of the
Public Works Director. All exhibits and/or legal descriptions shall be prepared by a
Licensed Land Surveyor or Civil Engineer who is authorized to practice Land Surveying,
in accordance with the California Business and Professions Code Section 8700 et seq.
Code Requirements
1. Each parcel is to have its own separate water and wastewater service laterals. Existing
water and sewer services shall be properly relocated and resized, if necessary, to ensure
that each parcel is appropriately served in accordance with City standards. Any
remaining or redundant service laterals shall be properly abandoned at the main.
2. A public gravity sewer exists in the area proposed for abandonment. The entire area
proposed for abandonment shall be reserved for public utility purposes.
SECTION 2. Copies of the map showing the particulars of the proposed abandonment
are on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, May 3, 2005, at 7:00 p.m. in the Council Chamber of the City
Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all
persons interested in or objecting to the proposed abandonment, which time is more than fifteen
(15) days from the passage of this resolution.
SECTION 4. This resolution, together with the ayes and noes, shall be published once in
full at least ten (10) days before the. public hearing on the proposed street right -of -way
abandonment, in The Tribune, a newspaper published and circulated in this city.
n
Resolution No. 9664 (2005 Series)
Page 3
SECTION 5. The City Engineer shall post at least three (3) notices of the proposed
abandonment in prominent locations near the portion of the street right -of -way to be abandoned
at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of
the Streets and Highways Code.
SECTION 6. The City Engineer shall notify utility companies affected by the proposed
abandonment within ten (10) days after adoption of the Resolution of Intention in accordance
with Section 8347 of the Streets and Highways code.
On motion of Council Member Brown, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and Mayor
Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was passed and adopted this 15`h day of March 2005.
Mayor David F. Romero
ATTEST:
W1 dcez.
Audrey Hoo / r
City Clerk
an P. Lowell
City Attorney
\ / JJ b 0, O
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RESOLUTION NO. 9663 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL MAP
FOR TENTATIVE TRACT MAP NO. 2478
(3045 ROCKVIEW PLACE)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of public testimony,
the subdivider's request, staff recommendations and reports thereon, found that the one -year time
extension is justified.
SECTION 2. Action. That a one -year time extension for filing the final map for
Tentative Tract Map No. 2478 is granted to November 12, 2005, subject to the original findings
and conditions of tentative map approval, as specified in City Council Resolution No. 9385
(2002 Series).
On motion of Council Member Brown, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was passed and adopted this 15`h day of March 2005.
L
Mayor David F. Romero
ATTEST:
Audrey 14 r
City Clerk
R 9663
Resolution No. 9663 (2005 Series)
Page 2
... • �
i8ua 'P. Lowell
City Attorney
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RESOLUTION NO. 9662 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING PRESERVATION OF THE EXISTING
COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM
WHEREAS, for thirty years America's cities, including both large and small cities in
California, have used Community Development Block Grant (CDBG) grants to create jobs,
provide affordable housing, eliminate blight, and generate new economic investment; and
WHEREAS, CDBG funds have played a critical role in community and economic
development in the City of San Luis Obispo; and
WHEREAS, CDBG funds have been a powerful economic engine and a job creator,
recently allowing the City of San Luis Obispo to retain local businesses and 17 jobs for low- and
moderate income persons (Cole Motors), and to establish a Revolving Loan Fund of $250,000 to
assist start-ups of small businesses; and
WHEREAS, CDBG funds represent a catalyst for creating more affordable housing, as
CDBG funds made it possible for the City of San Luis Obispo to use over $1.6 million to help
build 200 new rental housing units and rehabilitate 75 mobile homes for seniors; and
WHEREAS, the CDBG program offers a mechanism for building public infrastructure,
for example the program allowed the City of San Luis Obispo to use approximately $200,000 to
improve its storm drain systems; and
WHEREAS, the CDBG program has increased the quality of life in the City of San Luis
Obispo, by designating over $1 million for preservation and restoration of its Historic Museum
(Carnegie Library), Adobes, and Railroad Freight Warehouse; and
WHEREAS, the CDBG program has improved accessibility for disabled persons at City
street intersections (195 curb ramps) and two City parks (Anholm and Throop); and
WHEREAS, the CDBG program has enabled the City to improve and annually operate
its homeless shelter; and
WHEREAS, the President has proposed a new "Strengthening America's Communities
Initiative" which combines 18 direct grant programs, including CDBG, into one within the
Economic Development Administration; and
WHEREAS, at $3.71 billion, the new program (which combines 18 programs) is nearly
$1 billion less than the current CDBG program alone; and
WHEREAS, without proper funding for CDBG, the economic well being of San Luis
Obispo and other communities across the nation are threatened.
R 9662
q�
Resolution No. 9662 (2005 Series) �
Page 2
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The Council hereby requests that Congress enact a FY 2006 budget and
appropriations package that funds CDBG formula grants at no less than $4.355 billion, which is
equal to FY 2005 allocations; and
SECTION 2. This Council requests that Congress maintain the CDBG as a separate and
distinct program from other economic development programs that provides a direct and flexible
source of funding to local governments; and
SECTION 3. This Council requests that Congress maintain the current "dual formula"
system where 70 percent of CDBG funds go to entitlement communities based on population;
and
SECTION 4. The City Clerk is directed to send a copy of this resolution to Senator
Barbara Boxer and Senator Dianne Feinstein, and to the League of California Cities.
Upon motion of Council Member Brown, seconded by Vice Mayor Ewan,
and on the following vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was adopted this 15'' day of March 2005.
Mayor David F. Romero
ATTEST: /
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
Jon th . Lowell
City Attorney
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RESOLUTION NO. 9661 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE UNITED STATES DEPARTMENT OF JUSTICE ( USDOJ) "NOTICE
UNDER THE AMERICANS WITH DISABILITIES ACT (ADA)" AND ADOPTING
°THE CITY OF SAN LUIS OBISPO'S GRIEVANCE PROCEDURE UNDER THE
AMERICAN WITH DISABILITIES ACT (ADA)"
WHEREAS, the City of San Luis Obispo entered into a Settlement Agreement with the
USDOJ on December 14, 2004; .
WHEREAS, the Settlement Agreement stipulates the City of San Luis Obispo will
formally adopt the USDOJ Notice Under the ADA (Exhibit A) by June 14, 2005;
WHEREAS, the Settlement Agreement further stipulates the City of San Luis Obispo
will formally adopt The City. of San Luis Obispo's Grievance Procedure Under the ADA (Exhibit
B) by June 14, 2005;
WHEREAS, the City of San Luis Obispo intends to comply with the Settlement
Agreement and adoption of the Notice and Grievance Procedure are steps toward full
compliance;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that it hereby approves the USDOJ Notice Under the ADA and approves the City of San
Luis Obispo's Grievance Procedure Under the ADA.
Upon motion of Council Member Brown, seconded by Vice Mayor Ewan,
and on the following vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was adopted this 15`h day of March 2005.
Mayor David F. Romero
ATTEST:
ud "mac...
Audrey Hoo (�
City Clerk
us
I
Resolution No. 9661 (2005 Series)
Page 2
APPROVED AS TO FORM:
Jon th . Lowell
City Attorney
Exhibit A
NOTICE UNDER THE AMERICANS
WITH DISABILITIES ACT
In accordance with the requirements of title II of the Americans
with Disabilities Act of 1990, the City will not discriminate against
qualified individuals with disabilities on the basis of disability in
the City's services, programs, or activities.
Employment: The City does not discriminate on the basis of disability in its hiring or
employment practices and complies with all regulations promulgated by the U.S. Equal
Employment Opportunity Commission under title I of the Americans with Disabilities
Act (ADA).
Effective Communication: The City will generally, upon request, provide appropriate
aids and services leading to effective communication for qualified persons with
disabilities so they can participate equally in the City's programs, services, and activities,
including qualified sign language interpreters, documents in Braille, and other ways of
making information and communications accessible to people who have speech, hearing,
or vision impairments.
Modifications to Policies and Procedures: The City will make all reasonable
modifications to policies and programs to ensure that people with disabilities have an
equal opportunity to enjoy all City programs, services, and activities. For example,
individuals with service animals are welcomed in City offices, even where pets are
generally prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a
modification of policies or procedures to participate in a City program, service, or
activity, should contact the ADA Coordinator, at (805) 781 -7250 as soon as possible but
no later than 48 hours before the scheduled event.
The ADA does not require the City to take any action that would fundamentally alter the
nature of its programs or services, or impose an undue financial or administrative burden.
0 0
Complaints that a City program, service, or activity is not accessible to persons with
disabilities should be directed to:
ADA Coordinator
c/o Department of Human Resources
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
The City will not place a surcharge on a particular individual with a disability or any
group of individuals with disabilities to cover the cost of providing auxiliary aids /services
or reasonable modifications of policy, such as retrieving items from locations that are
open to the public but are not accessible to persons who use wheelchairs.
GS701 -03 Re.ltnion (L &9661 � Exhibit A.doc
0 0
City of San Luis Obispo Exhibit B
Grievance Procedure Under
The Americans with Disabilities Act
This Grievance Procedure is established to meet the requirements of the Americans with
Disabilities Act of 1990. It may be used by anyone who wishes to file a complaint
alleging discrimination on the basis of disability in the provision of services, activities,
programs, or benefits by the City. The City's Personnel Policy governs employment -
related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged
discrimination such as name, address, phone number of complainant and location, date,
and description of the problem. Alternative means of filing complaints, such as personal
interviews or a tape recording of the complaint will be made available for persons with
disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as
possible but no later than 60 calendar days after the alleged violation to:
ADA Coordinator
c /of Department of Human Resources
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
Within 15 business days after receipt of the complaint, the ADA Coordinator or his/her
designee will meet with the complainant to discuss the complaint and the possible
resolutions. Within 15 business days of the meeting, the ADA Coordinator or his/her
designee will respond in writing, and where appropriate, in format accessible to the
complainant, such as large print, Braille, or audio tape. The response will explain the
position of the City and offer options for substantive resolution of the complaint.
If the response by the ADA Coordinator or his/her designee does not satisfactorily
resolve the issue, the complainant and/or his/her designee may appeal the decision within
15 business days after receipt of the response to the City Administrative Officer or his/her
designee.
Within 15 business days after receipt of the appeal, the City Administrative Officer or
his/her designee will meet with the complainant to discuss the complaint and possible
resolutions. Within 15 business days after the meeting, the City Administrative Officer
or his/her designee will respond in writing, and, where appropriate, in a format accessible
to the complainant, with a final resolution of the complaint.
All written complaints received by the ADA Coordinator or his/her designee, appeals to
the City Administrative Officer or his/her designee, and responses from these two offices
will be retained by the City for at least three years.
C:\DOCUME- 1\sk,.rl.00AIS -1 \Tamp \Grievarcc Procedure Under the ADA.doc
5 cA'O- \Ll ujJ�
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RESOLUTION NO. 9660 (2005 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADJUSTING THE COMPENSATION FOR THE CITY'S CONFIDENTIAL EMPLOYEES
FOR THE PERIOD OF JANUARY 1, 2005 THROUGH DECEMBER 31, 2005
WHEREAS, the City of San Luis Obispo designates the Executive Assistant to the City
Administrative Officer, the Executive Assistant to the Director of Human Resources, the Legal
Assistant and the Human Resources Specialist as confidential employees pursuant to the
Government Code,
WHEREAS, as such, confidential employees are precluded from collective bargaining and
therefore are not governed by a collective bargaining agreement,
WHEREAS, the wages, hours and other terms and conditions of employment for
confidential employees are established by resolution,
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis
Obispo hereby resolves as follows:
SECTION 1. The salaries of the confidential employees shall be increased 2% effective
the first day of the first full pay period in April 2005 and 1% effective the first day of the first full
pay period in July 2005.
SECTION 2. The cafeteria plan contribution for confidential employees shall be increased
to $570 per month effective April 1, 2005.
SECTION 3. The City agrees to amend the PERS contract to include the Pre - Retirement
Optional Settlement 2 Death Benefit (Government Code § 21548) to be effective July 1; 2005.
Upon motion of Council Member Brown, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: Council Member Settle
N
Resolution No. 9660 (2005 Series)
Page 2
The foregoing resolution was adopted this 15`x' day of March 2005.
ATTEST:
Audrey Hooper
City Clerk
APPROVED AS TO FORM:
JOT61haalf. Lowell
City Attorney
,0
Mayor David F. Romero
I-t�ac\L , H-(L,.-� 0 0
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RESOLUTION NO. 9659 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL MAP
FOR TENTATIVE TRACT MAP NO. 2500
(2223 MONTEREY STREET)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of public testimony,
the subdivider's request, staff recommendations and reports thereon, found that the one -year time
extension is justified.
SECTION 2. Action. That a one -year time extension for filing the final map for
Tentative Tract Map No. 2500 is granted to February 4, 2006, subject to the original findings and
conditions of tentative map approval, as specified in City Council Resolution No. 9420 (2003
Series).
On motion of Council Member Brown, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: Council Member Settle
The foregoing resolution was passed and adopted this 15`h day of March 2005.
Mayor David F Romero
ATTEST:
Audrey Hoqper
City Clerk
R 9659
0
Resolution No. 9659 (2005 Series)
Page 2
....•
Jo a_than P Xowell
Cit omey
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RESOLU'T'ION NO. 9658 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A TENTATIVE PARCEL MAP WITH AN
EXCEPTION FOR PROPERTY LOCATED AT
2915 & 2917 JOHNSON AVENUE, (MS 21 -05).
WHEREAS, the City Council conducted a public hearing on March 1, 2005, and has
considered testimony of the applicant, interested parties and the evaluation and recommendation
of staff; and
WHEREAS, the City Council has considered the Mitigated Negative Declaration (ER
13 -02) of environmental impact previously prepared by staff and approved by the Council; and
WHEREAS, minor subdivisions with requests for exceptions require City Council
review and approval; and
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Review. The City Council finds and determines that the
Mitigated Negative Declaration (ER 13 -02) previously approved for the site adequately addresses
the potential significant environmental impacts of the proposed project, and reflects the
independent judgment of the City Council. The Council hereby re- adopts said Mitigated
Negative Declaration with the following mitigation measures.
Aesthetics
All trees shall be protected and preserved on the site unless otherwise approved for
removal by the City Arborist. Removal of any or. -site tree shall require a City tree
removal permit and mitigation to consist of on -site replanting.
Monitoring Program: Compliance will be insured through final review of the project
improvement plans, building and grading plan check, and occupancy release.
2. The lots shall be designated as "sensitive sites," and development on either parcel shall be
subject to architectural review to ensure compatibility, with the City's scenic roadway
policies.
Monitoring Program: The parcels' sensitive status mull be recorded against the deed of
both parcels, indicating the requirement for City architectural review, and so noted in the
City's Land Use Inventory database.
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Resolution No. 9658 (2005 Series)
Page 2
Geology and Soils
3. Any future construction shall require preparation of a landscape plan to be approved by
the Community Development Director prior to building permit issuance, and landscaping
shall be installed prior to final to insure minimal surface run -off.
Monitoring Program: Compliance will be insured through final review of the project
improvement plans, building and grading plan check, and occupancy release.
SECTION 2. Findinas. That this Council, after consideration of the proposed project
(MS 21 -05), the applicant's statement, staff recommendations and reports thereof, makes the
following findings:
1. The tentative map is consistent with applicable general and specific plans in that the
general plan and its policies call for compact urban form and infill which this map provides
consistent with the existing neighborhood.
2. The design of the proposed subdivision is consistent with applicable general and specific
plans in that the proposed land division would result in lot sizes typical of a Low Density
Residential neighborhood, lot configurations commonly found within the City and this
neighborhood specifically, and promote more compact development consistent with both
the general plan and the existing neighborhood.
3. The site is physically suited for the type and density of development allowed in the R -1
zone and LD designation in that the proposed lots meet minimum size requirements as
required within the R -1 district, the map creates lot sizes more typical of an R -1
neighborhood and is consistent with the lotting pattern in this neighborhood, and project
conditions will require architectural review for new development to ensure architectural
compatibility of any new residence(s).
4. The design of the tentative map and the proposed improvements are not likely to cause
serious public health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat in that the site is already developed
with a single - family residence and surrounded by urban development, and the project
does not contain sensitive habitat or interfere with creeks or wetlands.
5. The design of the subdivision will not conflict with easements for access through (or use
of property within) the proposed subdivision since all adjacent properties are accessed
independently and the proposed lots will have access easements as required by the
Subdivision Ordinance.
0 0
Resolution No. 9658 (2005 Series)
Page 3
6. The property to be divided is of such shape that it is undesirable, in this particular case, to
conform to the strict application of the subdivision and zoning regulations because to do
so would require the demolition or relocation of an existing residence.
7. The cost to the subdivider of strict or literal compliance with the subdivision and zoning
regulations is not the sole reason for granting a setback exception, rather it is City policy
to conserve existing housing and prevent displacement of occupants.
8. The exception will not be detrimental to public health, safety and welfare or be injurious
to other properties in the vicinity, in that the 4 -foot reduction in the required 10 -foot
setback from edge of pavement of the common accessway affects only a corner of the
residence on the subject property which setback is not contrary to Uniform Building Code
requirements.
9. Granting exceptions to yard setback standards is in accord with the intent and purposes of
these regulations and is consistent with the general plan and with all applicable specific
plans or other plans of the city, in that it does not grant special privileges or modify
allowable land uses within the existing R -1 zone district.
SECTION 3. Approval. The request for approval of the tentative parcel map (MS 21 -05)
with an exception to the Subdivision Regulations is hereby approved, subject to the following
conditions and code requirements.
Conditions
1. This tentative parcel map shall expire within 24 months of the date of approval unless an
extension of time is granted pursuant to a written request to the City Council received
prior to the expiration date.
2. A final map, drawn in substantial conformance with the approved tentative map and in
compliance with all conditions set forth herein, shall be submitted for review and
approval in accordance with the Subdivision Map Act and the City's Subdivision
Ordinance.
3. The final map and improvements plans shall show the 20 -foot wide accessway (common
driveway) to be no longer than 150 feet from Johnson Avenue as specified in
§16.36.230.0 of the subdivision ordinance.
4. The final map shall reflect building code compliance for setback of the existing building
with respect to the new lot line or the eaves shall be constructed as required for fire -
resistive construction to the satisfaction of the Building Official. Any modification to the
eaves for compliance with the Uniform Building Code shall be completed prior to
recordation of the final map.
Resolution No. 9658 (2005 Series)
Page 4
5. The subdivider shall dedicate a 2m wide public utility easement across the frontage of
each lot. Said easement shall be adjacent to and contiguous with all public right -of -way
lines bordering each lot.
6. The subdivider shall dedicate a 3m wide street tree easement across the frontage of each
lot. Said easement shall be adjacent to and contiguous with all public right -of -way lines
bordering each lot.
Code Requirements
1. All work shown on the approved Public Improvement Plans for the project shall be
completed prior to final map approval, subject to the approval of the Public Works
Director.
2. The final map shall clearly show and dimension all drainage easements for the project,
subject to the approval of the Public Works Director.
3. Each parcel shall be served with separate utilities (water, sewer, gas, electricity, telephone
& cable TV), to the satisfaction of the Director of Public Works. Utilities to new
residences shall be underground.
4. Existing water and sewer services shall be properly relocated and resized, if necessary, to
ensure that each parcel is appropriately served in accordance with City standards.
5. Should any portion of a structure constructed on parcel 2 exceed 300 feet from Johnson
Avenue, an on -site hydrant and fire department vehicle turnaround shall be required.
6. Development of Parcel 2 shall be subject to development impact fees for parks and
recreation purposes (QUIMBY Act) and Traffic Impact Fees as required by City
Ordinance.
7. The final map shall be submitted to the City for review, approval, and recordation. The
map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor. The final map shall be prepared in accordance with the
Subdivision Map Act and the Subdivision Regulations..
8. The final map, public improvement plans and specifications shall use the International
System of Units (metric system). The English System of Units may be used on the final
map where necessary (e.g. - all record data shall be entered on the map in the record units,
metric translations should be in parenthesis), to the approval of the City Engineer.
9. The map shall be tied to at least two points of the City's horizontal control network,
California State Plane Coordinate System, Zone 5 (1991.35 epoch adjustment of the
North American Datum of 1983 also referred to as "NAD 83" - meters) for direct import
0 0
Resolution No. 9658 (2005 Series)
Page 5
into the Geographic Information System (GIS) database. Submit this data either via email,
CD or a 3 -1/2" floppy disc containing the appropriate data for use with AutoCAD, version
2000 or earlier (model space in real world coordinates, NAD 83 - m). If you have any
questions regarding format, please call prior to submitting electronic data.
On motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 15` day of March 2005.
Mayor David F. Romero
ATTEST:
Audrey H � er
City Cler
APPROVED AS TO FORM:
J&+a1 an P. Lowell
City Attorney
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O
RESOLUTION NO. 9657 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE 2005 CDBG PROGRAM, AMENDING PREVIOUS CDBG
PROGRAM YEARS, ENDORSING THE SAN LUIS OBISPO URBAN COUNTY'S
DRAFT ONE -YEAR ACTION PLAN, AND AWARDING AFFORDABLE HOUSING
FUNDS TO THE HOUSING AUTHORITY
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 July 16, 2002, 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 on March 1, 2005 to consider funding
recommendations by the Human Relations Commission (HRC), to review applications for
federal grant funding, and to consider public comments on community needs and on the use of
such funds; and
WHEREAS, the Council has also considered previous years' CDBG funding allocations
and determined that amendments are necessary to re- allocate unused funds to activities with
greater community need or urgency, and
WHEREAS, the Council also considered the Urban County's proposed One -Year Action
Plan, including proposed funding allocations for Home Investment Partnership Funds (HOME),
Emergency Shelter Grants (ESG), and the Special Urban Projects Fund.
WHEREAS, the Council reviewed a request from the Housing Authority for Affordable
Housing Funds to enable site acquisition (235 No. Chotro St.).
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 environmental review is necessary.
R 9657
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Resolution No. 9657 (2005 Series)
Page 2
SECTION 2. 2005 Community Development Block Program. The City's 2005
Community Development Block Program, as shown in Exhibit A, is hereby approved.
SECTION 3. One -Year Action Plan. The San Luis Obispo Urban County's Draft One -
Year Action Plan is hereby endorsed, as shown in Exhibit B.
SECTION 4. Board of Supervisors Consideration. The Council hereby directs staff to
forward the above actions to the San Luis Obispo County Board of Supervisors for consideration
prior to the Board's final action on the Urban County's 2005 Consolidated Plan.
SECTION 5. Affordable Housing Fund. The Council awards $109,921 of Affordable
Housing Funds to the Housing Authority for site acquisition (235 No. Chorro Street).
SECTION 6. City Administrative Officer Authority. The City Administrative Officer
is authorized to act on behalf of the City in executing grant agreements and other actions
necessary to implement the approved Consolidated Plan and CDBG Program.
Upon motion of Vice Mayor Ewan, seconded by Council Member Brown,
and on the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 1st day of March 2005.
Mayor David F. Romero
IMM1W16
,(
Audrey Hoop
City Clerk
o
Resolution No. 9657 (2005 Series)
Page 3
APPROVED AS TO FORM:
Jon than well
City Attorney
Exhibits:
A - Approved 2005 CDBG Program for the City of San Luis Obispo
B — Draft County 2005 One -Year Action Plan
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2005 DRAFT FUNDING RECOMMENDATIO, URBAN COUNTY OF SAN LUIS OBISPO ��' capINIMEM
' 'Based on U.S. Department of Housing 8 Urban Development's WUDI planning estimate dated October, wd4. In EVfJ
13ceember, 2984, HUB announce the 2886 +moment funding estimate which Is lower than the planning estimate. fit
City of Arroyo Grande
Applicant Project. Request Draft Funding
Public Services
Economic Opportunity Comm. Senior Health Screening 4,500 3,351
Economic Opportunity Comm. Forty Wonderhd Program 3,SOO 1,294
Economic Opportunity Comm. Artoyb Grande Clinic - suppliestequipment 8,516 0
Court Appointed Special Advoc. Support Services far At -Risk Youth 1,000 1,000
Big Brothers. Big Sisters Youth Men" Program 5,500 2;193
Ths Literacy CounW Literary Program 3,000 1,793
The Harvest Bag, trio. Food Distribu6an Program 20,000 6,219
Send" Volunteer Services Caring Callers - outreach to aid" persons 1,500 1,500
SLO County YMCA Y Achievement Program 10,000 1,794
Total 87,516 191144
Public Facilities
City of Arroyo Grande Fagade Improvement Grand 15,000 17,630
City of Arroyo Grande Siroam aril Elm Street Parks ADA work 38 ,169 36,189
Economic Opportunity Comm. nic
m. Arroyo Grande C- remodel 8,756 8,156
Total 46,326 63,966
Code Enforcement
City of Arroyo Grande Code Enforcement 15,630 13,000
Total 16,630 13,000
Eeonomlo Development
Cuesce College SBDC Small Business Development Center 6.000 6.000
Total 6,000 6,000
Planning and Building
HOTLINE of SLO County HOTLINE 2.1 -1 Plarudng Grant 1,000 1,000
Total 1,000 1,000
Administration
City of Arroyo Grande Administration 24,525 24,525
Total 127,624
City of Atascadero
Public Services
Economic Opp Wnty Comm.
Senior Health Screening
2,500
2,000
Economic Opportunity Comm
Forty Wande6A Program
2,500
1.500
Econanic Opportunity Comm
Teen Academic Parenting Program
2,000
1,500
Court Appointed Special Advoc.
Support Services for At -Risk Youth
2,000
2,000
Big Brothers Big Sisters
Youth MentoMg Program
7,800
3,000
The Literary Cat nil
Uteraw Program
3,060
0
8 Camino Homeless Org.
Homeless shelter
15,000
6,003
Sailor Voheteer Services
Gaup Callers - outreach to eldedy persons
1500
1,000
La CUM de Tom
Dental care
3.000
2.500
Loaves and Fishes
Purchase groceries
5,000
5.000
Atmcadero Cmty Services Fndbn
Youth Activity Scholarships
7,500
7,600
Tats
61,800
32,003
Public Facilities
Atascaderc Leaves b Fishes
tnstall new air oadTtani er
7,040
7,040
North County Women's Shelter
New Flocring
2,200
2,200
City of Atascadao
ADA Restroans - Lake Park
150,000
75814
Total
169 240
86,064
Code Enforcement
City of Atascadero
Code Enforcement
50,000
50,000
Total
60,000
50,000
Economic Development
Cuesta College SBDC
Small_ Business Development Center
5,000
0
Total
6,000
0
Planning and Capacity Building
HOTLINE of SLO County
HOTLINE 2 -1 -1 Planning Grand
1,000
1.000
Total .
1,000
1,000
Administration
City of Atasradem
Administration
45,138
45,138
Total -
213,196
City of Grover Beach
Senor Heath Saeardrng
6.000
4,850
Applicant
Project
Request
Draft Funding
Housing
Teen Academic Parenting Program
4,000
3,650
Family Caro Network
Transitional Housing Rehabilitation
20.000
0
Total
Dental rote
20,000
0
Public Services
Voucher ogram
Motel Pr
24,000
20, &50
Economic Opportunity Comm.
Senior Health Screening
4,500
3,500
Economic Opportunity Comm
Forty Wonderful Program
3,060
3.600
Economic Opportunity Comm.
Teen Academic Parenting Program
2.500
2,500
Econan Opportunity Comm.
Arroyo Grande Clinic - supp0es/equlpment
8,516
0
Court Appointed Special Advoc.
Support Services for At -Rick Youth
1,000
0
Big Brothers Big Sisters
Youth Memoring Program
6,500
6,282
The Literary Council
Literacy Program
3,000
0
The Harvest Bag, Ir-
Food Distr3kAion Program
10,000
0
Senior Volunteer Services
Caring Callers - outreach to elderly persona
2,1100
0
Eq*mfion Station
Youth Activities
7,000
7,000
Total
LED-LigMed Crosswalk'
48,016
22,282
Public Facilities
Municipel Pod Changing Rm Rehab. 0
185,000
161,335
Food Bank CoaDdon
Epanslonlrehab of So.Co. Food Bank
5,000
0
Lucia Mar Adkdl Educalon
Grove Beach Learning Ctr permanent facOty
151,000
0
Economic Opportunity Comm.
Arroyo Grande Clinic -. enic at
8,516
0
City of Grover Beath
Storm Drainage Designtphased Installation
34,000
28,066
Total
Small Business Development Center
198,616
28,066
Code Enforcement
5,000
0
City of Grover Beach
Code Enioreement
64 ,000
64.000
Total
HOTLINE 2 -1 -1 Planning Grant
84,000
64,0110
Economic Development
2,000
0
Cuesta College SBDC
Small Business Development Center
6,000
4,500
Total
Administration
6,000
4,600
Planning and Capacity Building
490,700
Cily of Grover Beach -
ImpiemeM Housing Ewment Programs
5,000
5,000
HOTLINE of SLO County
HOTLINE 2-1.1. Planning Grant
1,000
0
Total
6,000
5,000
Administration
City of Grover Beach
Administration
24,700
24,700
Total
148,64a
City of Paso Robles
Public Services
Economic Opportunity Comm
Senor Heath Saeardrng
6.000
4,850
Economic Opportunity Comm.
Forty Wonderful Program
3.500
2,550
EcahotN- ODpahanihr Comm
Teen Academic Parenting Program
4,000
3,650
Court Appointed Special Advoc.
Support Serrtms for Al -Risk Youth
4600
2,600
La Cm6ea de Tolosa
Dental rote
3,000
3,00
0
Homeless Housing ProJeet
Voucher ogram
Motel Pr
24,000
20, &50
Big Brothers Big Sisters
Youth Mantorbip Program
7,500
3.650
The Literacy Council
Literacy Program
3.000
2,850
El Camino Hcusft Org.
Homeless stater
5,000
5,000
Senior Volunteer Services
Cartier CaOms - outreach to eldery persona
3.500
3,500
Loaves & Flshm
Operational costs
10,000
10,000
Boys 6 Girls Club of No. Co.
Chub Teen Program
20,000
5,890
Total
92,100
66,790
Public Facilities
City of Paso Roble s
Downtown nawsradk andosures
90,000
0
City of Paso Robles
Seismic Mitigation Program
52,000
0
City of Paso Robles
LED-LigMed Crosswalk'
82,500
27,006
City of Paso Robles
Municipel Pod Changing Rm Rehab. 0
185,000
161,335
North County Women's Shelter
Interior pah ft and repairs
6,000
6,000
Paso Robles Children Museum
ADA work
135,875
135,875
Total
631,376
930,216
Economic Development
Cuesta College SBDC
Small Business Development Center
5,000
0
Total
5,000
0
Planning and Capacity Building
HOTLINE of SLO County
HOTLINE 2 -1 -1 Planning Grant
2,000
0
Total
2,000
0
Administration
City of Paso Robles
Administration
91,700
91,700
Total
490,700
Includes $123,600 In program Income and 932,100 In reprogrammed 2004 CDBG funds from the Municipal Pool prof.
City of San Luis Obispo
Housing
Project _
Request
Draft Funding
Peoples' Sell-Help Housing
So. Higuera StreetApartmants
500,000
0
Housing Authority of SILO.
Property Acquisition
300.000
275,000
City of San Lads Obispo
Direct homeownership assistance
250.000
60.000
Total
Ocean community center
1,060,000
366,000
Public Services
Homeless Shelter Rehabilitation
40,000
40,000
Economic Opportntiy Comm.
Pradc Day Center
50,000
0
Econo nie Opportunely Comm.
Maxina Lewis Memorial Shelter
138,000
112,500
Big Brothers Big Sisters
Youth Mentoring Program
8.000
0
Court Appointed Special Advoc
Support Services for At -Risk Youth
3.000
0
La CUnin de Tolosa
Dental Care
2.000
0
The Literary Council
Literacy program
3,000
0
Total
204,000
112,500
Public Facilities
Housing Authority of S.LO.
Homeless Shatter Rehabilitation
40.000
40.000
Ufa Steps Foundation, Inc.
Repair Mooring
17,657
0
Food Bank Coalition
Expansicrfthab of So.Co.. Food Bank
10,000
0
City of San Luis Obispo
ADA Unprovemierds to city facilities
51250
51,250
City of San Luis Obispo
Augusta SL Culvert Replacement
150,000
0
City at San Lads Obispo
So. Pacific RR Freight Warehouse Rehab.
200,000
0
City of San Luis Obispo
ADA street Improvements
150,000
75,000
Total
6t8 607
166,250
Planning and Capacity Budding
Administration
150,000
145.687
HOTLINE of SLO County
HOTLINE 2 -1 -1 Planning Grant
2.00
0
Toil
$000
0
Economic Development
Cuesta C - Wage SBDC
Small Business Development Carder
5.000
0
Total
6,000
0
Administration
City of San Luis Obispo
Administration
125,000
125,000
Total
768,760
County of San Luis Obispo
Housing
Life Steps Foundation. Inc
Housing rehabilitation
21.420
0
Family Care Network
Relocation Costs
20,000
0
Peoples' SeC Help Housing
South Higuera Street Apartments
500,000
0
Total
641,420
0
Public Some"
Loaves & Fishes
Operational costs
2,000
0
Eamanic Oppatur y Comm.
Prado Day Carder
50.000.
26.500
Eeonamlc Opporbniy Comm.
Maxine Lewis Memorial Shelter
149,500
120265
Economic, Opportunity Comm
Arroyo Grande Clime
8,518
0
The Harvest Bag. Inc
Food DWrlbudon Program
25.000
0
Court Appointed Special Adv de.
Support Services far At -Risk Youth
3.000
0
San
Case S
Purchase kitchenapplianWequlpnxnt
5.440
0
Big Brotheors Big Sisters
Mentaft Program
40.000
0
The Literacy Cound
Literacy Program
3.000
0
YMCA of SLO Canty
San Miguel Open Gymnasium
10,000
0
YMCA W SLO Canty
Shandon After Schooffleekend Program
10,000
0
Ataseadero Loaves a Fishes
Purchase of food
5.000
0
Tetai
311,464
146,766
Public Facilities
County of San Lids Obispo
Mission SL Flood Control - San Miguel
1,072.000
178,000
County of San Luis Obispo
Arroyo Grande Vats Bldg. ADA
113,660
0
County of San Luis Obispo
Shandon Seniors Center ADA
71,800
0
County of San Lads Obispo
AWrade Pedestrian Crossing - San Miguel
1,230.000
295.986
Ocean Cmty Center. Irio.
Ocean community center
350,000
0
Housing AuOwrity of S.LO.
Homeless Shelter Rehabilitation
40,000
40,000
Loa Osos CSD
WastewatenSawer Ihsla8a8dn
200.000
0
Food Bank Coalition
Expansla trehab of Sc.Co. Food Shelter
30,000
0
Lucia Mar Adult Education
Grover Beach Learning Ctr perm. Facility
29,000
0
Avila Beach Civk Association
ADA CgnWard Fet ty Improvemerds
20Q000 :
60.000
Economic Opportunity Comm.
Arroyo Grande Clinic - remodel
15,000
5,000
Casa San Miguel - Cisric-0vltt
Concrete stab and wiring far walk -In refit.
1.500
0
Total
3.262,800
69 1L686
Economic Development
Cuesta College SBDC
Small BusUness Development Center
43,000
27,000.
Cuesta College SBDC
Technical A
15,000
10,000
Toil
68,000
37,000
Planning and Capacity Building
Count' of San Lads Obispo
Shandon Comrtsadty Plan
100,000
50,000
HOTLNE of SLO County _
HOTLINE 2 -1 -1 Plarift Grant
3.000
0
Total
103,000
60,000
Administration
County of San Lids Obispo
Administration
150,000
145.687
Total
4,616,778
978.438-
2,717,266
HOME Program
,
Applicant
Project
City of San Luis Obispo
Homeownership Assistance Program
Restdant Owned Parks. Inc.
Prop Acq. - Sunny Oaks Mobletiome Prk
Peoples' Sol Help Housing
Build affordable housing - Avila Beach
Peoples' Sall Help Housing
Build affordable Housing - S. Higuers St
Transitions I Mental Health
Rehab. youth shelter
Housing Authority, of S.LO.
Tenant Based Rental Assistance Program
Administration
144,000
Grand Total
Includes $20D.000 In HOME program Income
Emergency Shelter Grant
Economic Opprotunity Comm,
Prado Day Center
Ecwdmrk Opprotunity Comm.
Maxine Lewis Memorial Shatter
North County Women's Shelter
Operation of women's shelter
13 Canino Housing Organization
Homeless Shelter
S.LO. Women's Shelter
Operation of women's shatter
Total
15,093 15,093
44,688 44,688
19,435 19,435
7,564 7,564
7,778 7,778
64,668 94,658
Request
Draft Funding {
250,000
600.000
WSM.=
250,000
0
700,000
M10cp.
B Iff
144,000
116,000
116,000
350,000
350,000
140,000
1,616,000
1,700,000
15,093 15,093
44,688 44,688
19,435 19,435
7,564 7,564
7,778 7,778
64,668 94,658
Cap -��� 1���c��c�� �
C��
�� �vt� �� ���
RESOLUTION NO. 9656 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADDING A MATCHING FUND COMPONENT TO THE CITY'S PUBLIC ART PROGRAM
WHEREAS, the City has had a Public Art Program in place since 1990; and
WHEREAS, the Program currently consists of three components, including Visual Arts in
Public Places, Privately Funded Art in Public Places and Public Art in Private Development; and
WHEREAS, the City realizes that a matching fund component to the public art program is
an excellent way to expand public art opportunities within the City beyond the three existing
components.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that a matching fund component is hereby added to the City's Public Art Program and shall read as
follows:
The City has established a matching grant program to encourage public art.
Projects seeking matching grant funds will require City Council approval, consistent
with the City's Donation Acceptance Policy. Public art projects receiving matching
funds should provide a clear public benefit and advance the City's public art goals.
For every request, the Council will determine an appropriate level of match, up to a
dollar- for - dollar level.
Upon motion of Council Member Brown, seconded by Council Member Settle,
and on the following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 15` day of March 2005.
ATTEST:
cl,ea66zzo - 4��, —
Audrey Ho er
City Cler
Mayor David F. Romero, Mayor
R 9656
O
Resolution No. 9656 (2005 Series)
Page 2
APPROVED AS TO FORM:
J nat P. Lowell
Ci Attorney
�d.n�wti- l��e_.� � �,,
�����
I
RESOLUTION NO. 9655 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2502
WHEREAS, the City Council made certain findings concerning tentative Tract 2502, as
prescribed in Resolution No. 9412 (2003 Series), and
WHEREAS, the subdivider has submitted irrevocable letters of credit in the total
amounts of $74,000 (Faithful Performance) and $37,000 (Labor & Materials) to guarantee
installation of the required subdivision improvements shown on the approved plans, and all fees
have been received, as prescribed in the attached subdivision agreement, marked "Exhibit A ", and
WHEREAS, the Community Development Director has approved the Covenants,
Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities
and common areas, and
WHEREAS, all other conditions required per said Resolution No. 9412 (2003 Series) have
been met or guaranteed.
NOW, THEREFORE, BE IT RESOLVED that the final map for Tract No. 2502 is found
to be in substantial compliance with the vesting tentative map and final map approval is hereby
granted.
The Mayor is hereby authorized to execute the attached Subdivision Agreement, for the
benefit of the subdivision.
On motion of Council Member Brown, seconded by Council Member Settle, and on the following
roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
R 9655
Resolution No. 9655 (2005series)
Page 2
The foregoing Resolution was passed and adopted this I" day of March 2005.
Mayor David F. Romero
ATTEST:
Audrey Ho er
City Clerk
APPROVED-AS TO FORM:
Jo ath Lowell
City Attorney
' EXH1BTr A
SUBDIVISION:IMPROVEMENT AGREEMENT
THIS AGREEMENT is dated this day of NamK 2005 by and
between D.A. FETYKO INC, herein referred to as "Subdivider," and the CITY OF SAN
LUIS OBISPO, herein referred to as 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 2502, City of San Luis Obispo,
California, as approved by the City Council on the I <g*, day of , 2005.
The Subdivider desires that said Tract No. 2502 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17
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. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
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 City
regulations.
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 Engineer.
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 eighteen (18) 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 of time 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.
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 creditor 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 seventy four thousand
dollars ($74,000) which is the amount of the estimated cost of said improvements
remaining to be constructed. 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 66499.9 of the Government Code of the State of
California, upon final completion and acceptance of the work, City will release all but 10%
of the improvement security, 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.
O .3
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.
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.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements.thirty seven thousand
($37,000) in accordance with State law.
Said Subdivider has paid an inspection fee of $14,022 for City to inspect the
installation of said subdivision improvements, and to verify that they have been completed
in accordance with the plans and specifications..
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision;" all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligations of
the Subdivider under this agreement.
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 fumish 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
_� /,
• •' David F. i•n- •
ATTEST:
4Z tt4J 4-7
CITY CLER Audre ooper
APPROVED AS TO FORM:
CI ORNEY Jonathan P. Lowell
SUBDIVIDERS
D. A. Fetyko, INC.
Any Fetyko; reside
I I I�
STATE OF California
COUNTY OF San Luis Obispo
On November 23, 2004 before me, Lori Gearhart
(Name, Title of Officer)
personally appeared D Andrew Fetyko
personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is /are subscribed to the within instrument and acknowledged to me that he /she /they
executed the same in his /her /their authorized capacity(ies), and that by his /her /their signature(s) on the
instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the
instrument.
WITNESS my hand and official seal.
(Signature of Notary Public)
LORI GEARHART
�I Commission #1390311
Notary Public
Califomia
AN LUIS OBISPO COUNTY
MiCcmmssionEApires December 15,2006
(This area for notarial seal)
7
EXHIBIT 1
TRACT 2502
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $1,600.00 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. Transportation, water and sewer impact fees shall be paid at time of building pen-nits through the
Community Development Department per the fee schedule in effect at that time.
C'
EXHIBIT 2
TRACT 2502 - FEE AND BOND LIST
Amount Form Date Received
Bonds and Guarantees:_ _
Total Faithful Performance
$74,000
Surety Bond # 83831 S
12/22104
Labor & Materials (50% of total cost of
improvements
$37,000
Surety Bond # 838315
12/22/04
Monument Guarantee
$1,600
Letter of Credit #Fet ko52
01/28/05
Fees:
Map Check Fee
$1,513
Check
03/11/04
Plan Check Fee
$2,993
Check
06 /05/03
Total Inspection Fee
Credit for Early Grading Permit
Improvement Plan Inspection
$11,942
$1.000
$10,942
Check
03/11/04
02/1.1/04
Park In -Lieu Fee'
(9 -1) * $4,470=
$35,760
Check
1222104
-h0-
o
RESOLUTION NO. 9654 (2005 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR
FUNDING UNDER THE WORKFORCE HOUSING REWARD (WFH) PROGRAM;
THE EXECUTION OF A GRANT AGREEMENT IF SELECTED FOR SUCH FUNDING
AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS
NECESSARY TO PARTICIPATE IN THE WFH PROGRAM
WHEREAS, the City of San Luis Obispo, a political subdivision of the state of California,
wishes to apply for and receive an allocation of funds through the Workforce Housing Reward
(WFH) Program; and
WHEREAS, HCD released the Application Package in December 2004 for the WFH
program established by Chapter 482, Statutes of 2002 and funded through Proposition 46, the
Housing and Emergency Shelter Act of 2002; and
WHEREAS, pursuant to the statute, HCD is authorized to approve funding allocations for
the program, subject to the terms and conditions of the NOFA and Program Guidelines, Application
Package, and Standard Agreement; and
WHEREAS, the WFH Program encourages cities and counties to develop new residential
housing while rewarding those jurisdictions that approve housing for low- income households; and
WHEREAS, in 2004 the City of San Luis Obispo approved a 40 -unit project (one - bedroom
units) for low- and very-low income households developed by the Housing Authority ; and
WHEREAS, the WFH funds may be used for the acquisition and construction of capital
assets that benefits the community; and
WHEREAS, the City Council has identified the Augusta Street Culvert Replacement and
Drainage Inlet Replacement projects as meeting the eligibility criteria and intent of the WFH
Program.
R 9654
0 0
Resolution No. 9654 (2005 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes the filing of an application to HCD to participate in the WFH Program in
response to the NOFA issued in March 2004; and
2. Directs that the WFH funds be allocated to the Augusta Street Culvert Replacement and the
Drainage Inlet Replacement projects.
3. Agrees that the City of San Luis Obispo shall be subject to the terms and conditions as
specified in the standard agreement (Contract). Funds are to be used for allowable capital asset
project expenditures to be identified in Attachment A of the Contract. The application in full is
incorporated as part of the Contract and any and all activities funded, information provided, and
timelines represented in the application are enforceable through the Contract. The City of San Luis
Obispo hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the
application as approved by HCD and in accordance with the NOFA, Program Application, and
Application Package. The City of San Luis Obispo will execute any and all instruments required by
the Department for participation in the WFH Program.
4. Authorizes the City Administrative Officer to execute in the name of the City of San Luis
Obispo, the Application Package, the Standard Agreement, and all other documents required by
HCD for participation in the WFH Program, and any amendments thereto.
On motion of Council Member Brown, seconded by Council Member Settle, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
a o
Resolution No. 9654 (2005 Series)
Page 3
The foregoing resolution was passed adopted this ls` day of March 2005.
t:: * d
Mayor David F. Romero
ATTEST:
Audrey Ho er
City Cler
APPROVED AS TO FORM:
Jo . Lowell
City Attorney
W, - CON -J-0 col bOLO Ld�
c-/bD ol
RESOLUTION NO. 9653 (2005 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2401
WHEREAS, the City Council made certain findings concerning Tract 2401, as
prescribed in Resolution No. 9169 (2001 Series); and
WHEREAS, the City Council approved the final map for Tract 2401 per
Resolution No. 9313 (2002 Series); and
WHEREAS, the subdivider has satisfactorily completed the public improvements
for Tract 2401, 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.
NOW THEREFORE, BE IT RESOLVED, that the City Council hereby accepts
the public improvements for Tract No. 2401. The current Faithful Performance surety is
hereby reduced to $201,700, being ten percent of the total cost of the public
improvements, to be held for one year from this date, in accordance with the subdivision
agreement. The Labor & Materials surety may be released at this time, since the
conditions of Section 66499.7 of the California Government Code have been met.
On motion of Council Member Mulholland seconded by Vice Mayor Ewan and on the
following roll call vote:
AYES: Council Members Brown and Mulholland, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: Council Member Settle
The foregoing Resolution was adopted this 15`h day of February 2005.
Mayor David F. Romero
ATTEST:
Audrey Hoop
City Clerk
11 =11%]
Resolution No. 9653 (2001 Series)
o
Page 2
Approved as to Form:
J nat P. Lowell
City Attorney
r�[ , CJL - Va ° ►r�� P
n
0 0
RESOLUTION NO. 9652 (2005 Series)
ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION
PLATFORM FOR 2005 AND APPOINTMENT
OF COUNCELMEMBER AND STAFF PERSON TO ACT AS
LIAISON BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE LEAGUE OF CALIFORNIA CITIES
WHEREAS, a major objective of the City Council is to adopt an aggressive legislative action
platform which strengthens local government, promotes City goals and defends the City against
legislative actions by State and Federal governments that would weaken local government and/or take
away traditional revenue sources; and
WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively
communicate with State Legislators and Federal representatives in order to favorably influence State and
Federal legislation, regulations and grant requests; and
WHEREAS, the League of California Cities conducts a legislative analysis and advocacy
program on behalf of cities for State issues and major Federal issues; and
WHEREAS, the City desires to be proactive and involved in the governmental decision making
processes directly affecting the City legislative priorities identified in Exhibit "A ", the League of
California Cities legislative priorities identified in Exhibit "B ", and other selected issues as may from time
to time be recommended by the League of California Cities; and
WHEREAS, a key component of the City's Legislative Action Platform is face -to -face meetings
between City representatives and elected officials at the Federal, State, and County levels, and
coordination with similar efforts made by other local government entities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo does hereby:
(1) Establish the Legislative Action Platform for 2005, as set forth in the attached Exhibits "A"
and "B ", and authorize staff to take positions on legislation generally consistent with the Legislative
Action Platform and such other resolutions and recommendations of the League of California Cities as
may be from time to time presented to the City; and
(2) Appoint David F. Romero to act as Councilmember legislative liaison and Jonathan Lowell to
act as staff legislative liaison with the League of California Cities.
R 9652
Resolution No. 9652 (2005 Series)
Page 2
Upon motion of Council Member Mulholland, seconded by Vice Mayor Ewan, and on the
following roll call vote:
Ayes: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
Noes: None
Absent: None
The foregoing resolution was adopted this 15`s day of February 2005.
David F. Romero
Mayor
ATTEST:
...L. e. ■� Ll J
I
. �, '
Clerk
APPROVED AS TO FORM:
P. Lowell
City Attorney
0
O Exhibit A
EXHIBIT A: CITY LEGISLATIVE ACTION PLATFORM FOR 2005
COMMUNITY DEVELOPMENT
1. Promoting reforms of the entire State mandated HCD Regional Housing Need Allocations process
to recognize local urban plans and local resource limitations
2. Promoting funding sources to accomplish retrofitting of unreinforced masonry buildings
3. Promoting funding of on- campus housing at Community Colleges and CSU for student and faculty
housing
4. Encouraging the review and court appeal of the San Marcos decision so that the CSU system can
mitigate within the City for the impacts of projects built on campus
5. Preserving local control of planning and zoning matters (such as the prohibition of drive- through
windows and highway signage)
6. Supporting efforts to increase funding for affordable housing for very low, low and moderate
income families for all cities and communities
7. Promoting funding for the identification, acquisition, maintenance and restoration of historic sites
and structures
8. Supporting continued or expanded funding for CDBG program
ECONOMIC DEVELOPMENT
9. Promoting funding and/or legislation that encourages research and development by businesses in
California through tax credits or other incentive programs
10. Supporting funding and policies for the promotion of California as a place to locate businesses
11. Supporting funding for a state tourism promotion program
12. Promoting funding for the arts, especially public art
13. Supporting the effective and efficient use of all communications technologies including voice,
video, data, and information services over wired and wireless transmission technologies
FINANCE
14. Continuing to support efforts to protect the City from loss of revenues due to State take -aways and
unfunded State or Federal mandates
15. Returning revenues lost due to State take - aways, such as the Education Revenue Augmentation
Fund and Vehicle License Fees
64
D Exhibit A
16. Endorsing legislation that provides local government with a fair share tax on catalog and Internet
sales; and opposing legislation that limits state or local authority to tax catalog or Internet sales
HUMAN RESOURCES/EMPLOYEE RELATIONS/HUMAN RELATIONS
17. Supporting additional workers compensation reforms that lower employers' costs while still
protecting workers
18. Supporting pension reform efforts in concert with the League of California Cities positions
19. Opposing the expansion of the "Peace Officers' Bill of Rights" or other attempts to curtail
management rights
20. Supporting legislation that provides funding sources for appropriate human service agencies that
support the mission of the Human Relations Commission.
PUBLIC SAFETY
21. Continuing State and Federal funding support for disaster preparedness, earthquake preparedness,
Homeland Security, hazardous material response, State COPS program and other local law
enforcement activities
22. Preserving the City's authority to investigate police misconduct
23. Preserving the City's authority to establish both medical and non - medical emergency service levels
24. Supporting efforts to expand the scope of parental responsibility for crimes committed by minors
25. Supporting efforts to provide the Governor with authority to override the parole board when anyone
convicted of a violent offense is proposed to be released on parole
26. Preserving the authority of local control on issuance of concealed weapons permits
27. Supporting legislation to help curb alcohol- related criminal behavior and underage drinking
28. Opposing new or increased state fees for state provided law enforcement. services
29. Supporting legislation imposing sanctions on college students who participate in riots or other
similar criminal behavior, such as eliminating State supported financial aid
30. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free
from interference, for all local public safety communication needs
N
D Exhibit A
PUBLIC WORKS
31. Supporting legislation to increase the availability of grant funding to replace aging infrastructure of
all types, e.g. streets, bridges, water, sewer and storm sewer systems, etc.
32. Obtaining funding, cooperation and prompt approval from the Environmental Protection Agency
and Army Corps of Engineers for necessary flood control projects.
PARKS AND RECREATION AND NATURAL RESOURCES
33. Supporting State and Federal funding for acquisition, protection, preservation and restoration of
natural resources, open space, coastal resources, signature land forms, wetlands and park
development, including continued funding for the Land and Water Conservation Grant Program
34. Supporting the creation of National Marine Sanctuary off the coast of San Luis Obispo County to
protect this fragile habitat from offshore oil and gas development
35. Opposing any development under existing or new offshore oil and gas leases off the coast of San
Luis Obispo County.
36. Supporting funding for rehabilitation of urban parks and unmet community recreational needs, in
particular "at risk" youth
37. Encouraging the State Department of Parks and Recreation to expedite the distribution of bond
funds and other funds resulting from special legislation (e.g. Irish Hills funds)
38. Seeking legislative exemption from property taxes on lands dedicated to open space purposes
which are outside the boundaries of the jurisdiction owning such lands
TRANSPORTATION
39. Changing gas tax laws to allow local tax for transportation purposes based on a majority vote of the
public
40. Promoting continued and increased funding sources for street maintenance and transportation,
including transit, bicycles, others
41. Working with the Caltrans, SLOCOG and the California Transportation Commission to
expeditiously fund Hwy 227 road overlay and reconstruction project, including completion of
widening of South Street (between Higuera and Beebee Streets), and subsequent relinquishment of
Hwy 227 within the City limits
42. Supporting clean air transit funding for San Luis Obispo County, in particular funding that supports
alternative modes of transportation with clean air benefits
C�
O Exhibit A
43. Supporting actions to: (1) promote cooperation and mutual support between metropolitan planning
organization (MPO) agencies and local transit providers, and (2) discourage trends toward MPO
agencies/regional "control" of local transit providers
44. Supporting clean water funding programs
45. Supporting legislation to facilitate recycling program development and enhance local government's
ability to comply with solid waste requirements
46. Supporting legislation to eliminate mandatory penalties for violations of NPDES Requirements and
returning discretionary control to the Regional Water Quality Control Board Executive Officers
(i.e. repeal SB 709)
47. Supporting legislation promoting the safe, responsible, and cost - effective reuse of Exceptional
Quality biosolids
48. Supporting legislation to streamline the state regulatory processes
49. Supporting sustainable energy programs
50. Supporting legislation allowing cities/agencies to establish fees for the costs of operating mandated
water quality programs such as, but not limited to, municipal storm water and total maximum daily
loading
51. Supporting federal legislative action to transfer Salinas Reservoir properties to a local agency
52. Supporting legislation that aids in the implementation of the California Urban Water
Conservation Council's Best Management Practices regarding urban water conservation
COUNTY/REGIONAL PRIORITIES
53. Developing consistency between the City and County General Plans, particularly to emphasize the
concepts that: (1) the County should be discouraged from approving additional urban development
within the City's urban reserve line, (2) urban development should not occur beyond the City's
urban reserve line, and (3) unincorporated areas should remain rural, agricultural, or open space in
character
54. Continuing to encourage the County Board of Supervisors to place a measure before voters that
would create a vector control program benefit assessment program for San Luis Obispo County
55. Encouraging participation by County in providing nearby parking for County employees and
clients, and alternate transportation and parking demand reduction
56. Supporting County development of a local ordinance providing additional local oversight and
regulation of the land application of Exceptional Quality biosolids
O Exhibit A
57. Working with the Airport Land Use Commission to develop a mutually acceptable plan for City's
expansion areas so that the City's housing goals can be achieved
58. Working cooperatively with the County to solve City/County flood problems
Exhibit B
U
2005 -02 -01
2005 Strategic Goals Strategies
The following are suggested strategies for implementing the League's 2005 strategic goals. These, and other strategies,
will be discussed and decided upon at the League board's February 25-26 meeting.
GOAL 1 : Expand Housing Supply and Affordability. Consistent with the planning and environmental quality objectives
of the League's Principles for Smart Growth, expand the supply and affordability of housing in California in balance with
the creation of new jobs.
• Complete the work of the Housing /General Plan Task Force in partnership with homebuilders.
• Develop and implement a communications strategy for engaging membership in discussion and debate on
housing policy issues, including the work of the Task Force.
• Submit the recommendations of the Task Force to the appropriate. League policy committee(s) and League Board
of Directors.
• Advocate new state housing policies that expand housing opportunities in balance with new job creation that
preserve maximum local discretion, protect critical environmental resources, reduce commute times and
maximize pedestrian experiences.
R Advocate new state and federal funding sources to support the construction and operation of affordable housing.
° Advocate the modification of regulatory and financial barriers to the reuse of.urban land through infi11 housing
development projects.
GOAL 2 : Expand Investment in Infrastructure. Expand investment by federal, state and local. governments in critically
needed infrastructure across California.
Work with and through the Calif omia Infrastructure Commission (CIC) and other coalitions to advance an agenda
to expand infrastructure investment in California.
° Through a targeted public relations program help expand public awareness of the infrastructure deficit and the
consequences of long -term inattention of infrastructure in an expanding state.
° Support legislation and ballot measures that will dose loopholes in existing legislation (e.g., Prop. 42) that allow
the legislature to divert sales tax collected on gasoline to non - transportation spending priorities:
° Evaluate and consider support of legislation that will index existing tax revenues (e.g., motor fuel tax) to account
for inflation. _ ,
GOAL 3: Protect Critical Redevelopment Funding. Protect local funding sources available for critical investment in
future housing and infrastructure - particularly redevelopment;funding sources -to support continued expansion of the
California economy and create new jobs:
• Actively oppose any state efforts to redirect RDA funding to support the state budget.
• Partner with the California Redevelopment Association (CRA) to promote greater understanding of the critical
need for redevelopment funding in revitalizing urban areas, building new infrastructure, creating new jobs, and
building affordable housing.
• Develop and consider supporting legislation that would authorize the use of redevelopment powers in conjunction
with state tax incentives (e.g., MIC) in priority Investment zones that would meet critical regional and local housing
and job needs, reduce commute times, and promote efficient use of transportation resources.
• Use League communication resources; and training programs to better educate city officials on the value of
redevelopment as an infrastructure and housing tool.
last updated;: 1/17/2005
Liz- f)jk�-UAuLt'a
RESOLUTION NO. 9651 (2005 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR
FUNDING UNDER THE BUILDING EQUITY AND GROWTH IN NEIGHBORHOODS
(BEGIN) PROGRAM; THE EXECUTION OF A GRANT AGREEMENT IF SELECTED
FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED
DOCUMENTS NECESSARY TO PARTICIPATE IN THE BEGIN PROGRAM
WHEREAS, the City of San Luis Obispo, a political subdivision of the state of California,
wishes to apply for and receive an allocation of funds through the Building Equity and Growth in
Neighborhoods (BEGIN) Program; and
WHEREAS, HCD has issued a Notice of Funding Availability (NOFA) for the BEGIN
program established by Chapter 14.5, Sections 50860 through 50866 of Part 2 of Division 31,
Health and Safety Code and funded through Proposition 46, the Housing and Emergency Shelter
Act of 2002; and
WHEREAS, the BEGIN Program is a homeownership program designed to make grants to
qualifying :jurisdictions that provide incentives or reduce or remove regulatory barriers for housing
developments; and
WHEREAS, the BEGIN Program is designed to promote partnerships between localities
and housing developers to join together to reduce cost and increase the supply of new
homeownership opportunities for low- and moderate- income households; and
WHEREAS, BEGIN funds may be used for projects in the pre- construction phase, under
construction, or recently completed; and
WHEREAS, the City Council has identified the Tumbling Waters project as meeting the
eligibility criteria and intent of the BEGIN Program; and
WHEREAS, the City of San Luis Obispo wishes to submit a BEGIN application to HCD in
the amount of $300,000; and
WHEREAS, the City's Housing Element contains policies and programs to actively pursue
State grants available through Proposition 46.
R 9651
Resolution No. 9651 (2005 Series)
Page 2
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo
hereby:
1. Authorizes the filing of an application to HCD to participate in the BEGIN Program in
response to the NOFA issued in January, 2005; and
2. Directs that the BEGIN funds be allocated to the Tumbling Waters project for
downpayment assistance in the amount of $300,000 (10 units at $30,000 each).
3. Agrees that if the application is approved, to use the BEGIN funds for eligible activities in
the manner presented in the application as approved by HCD and in accordance with program
regulations cited above. The City may also execute any and all other instruments necessary or
required by HCD for participation in the BEGIN Program.
4. Authorizes the City Administrative Officer 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 BEGIN Program, and any amendments thereto.
On motion of Council Member Mulholland, seconded by Vice Mayor Ewan and on the
following roll call vote:
AYES: Council Members Brown; Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed adopted this 15`h day of February 2005.
Mayor David F. Romero
ATTEST:
. azv�' 4(rMA 4
Audrey H oper
City Clerk
n
Resolution No. 9651 (2005 Series)
Page 3
APPROVED AS TO FORM:
Jon P. Lowell
City Attorney
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RESOLUTION NO. 9650 (2005 Series)
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SAN LUIS OBISPO ADOPTING THE
"CONSERVATION PLAN FOR CERRO SAN LUIS NATURAL RESERVE"
WHEREAS, the City of San Luis Obispo has adopted policies for protection,
management, and public use of open space lands acquired by the City; and
WHEREAS, the City of San Luis Obispo has acquired and manages eleven open space
areas totaling approximately 2,500 acres, including the 118 acre Cerro San Luis Natural Reserve;
and
WHEREAS, the City Council desires to have the policies for management of City -owned
open space lands applied in an appropriate and consistent manner; and
WHEREAS, the Planning Commission, Parks and Recreation Commission, and the
general public have commented upon the plan as it has moved through a Council- directed
approval process, and the plan reflects those comments.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo hereby:
1. Finds that the implementation of the Conservation Plan as presented to the City
Council this date, and as mitigated, will not have a negative impact on the
environment;
2. Adopts as City policy the "Conservation Plan for the Cerro San Luis Natural Reserve"
as presented to the Council this date; and
3. Directs the City Administrative Officer to undertake all actions necessary and
appropriate to carry out this resolution.
On motion of Councilmember Mulholland seconded by Councilmember Brown, and on the
following roll call vote:
AYES: Council Members Brown, Mulholland and Settle, Vice Mayor Ewan and
Mayor Romero
NOES: None
ABSENT: None
R 9650
Resolution No. 9650 (2005 Series) O
Page 2
The foregoing resolution was adopted this 1" day of February 2005.
ATTEST:
U6(c
Audrey Hoop r
City Clerk
APPROVED AS TO FORM:
i -
City Attorney
Mayor David F. Romero
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