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HomeMy WebLinkAbout9947-99791 RESOLUTION NO. 9979 (2008 Series) RESOLUTION OF THE BOARD OF DIRECTORS OF THE CITY OF SAN LUIS OBISPO CAPITAL IMPROVEMENT BOARD APPROVING DOCUMENTS AND ACTIONS RELATING TO THE FINANCING OF TANK FARM WASTEWATER IMPROVEMENT PROJECT WHEREAS, the City of San Luis Obispo (the "City") owns and operates facilities and property for the collection, treatment and disposal of wastewater within the service area of the City (the "Wastewater Enterprise "), and is proceeding to finance the acquisition and construction of improvements to the Wastewater Enterprise known as the Tank Farm Gravity Sewer, Lift Station and Force Main Project (the "Project "); and WHEREAS, in order to provide funds to finance the acquisition and construction of the Project, the City has proposed to enter into an Installment Sale Agreement with the City of San Luis Obispo Capital Improvement Board (the `Board ") under which the Board agrees to provide financing for the Project and to sell the completed Project to the City in consideration of the agreement by the City to pay periodic Installment Payments as the purchase price of the Project, and WHEREAS, the Installment Payments will be secured by a pledge of and lien on the net revenues of the Wastewater Enterprise on a parity with the pledge, lien and security interest which secure certain outstanding obligations of the City under loan agreements with the State Water Resources Control Board; and WHEREAS, the Board proposes to raise funds for the Project by assigning its rights under the Installment Sale Agreement, including the right to receive Installment Payments, to a bank or other lending institution; and WHEREAS, the Board of Directors of the Board wishes at this time to approve all proceedings to which it is a party relating to the financing of the Project. NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of the City of San Luis Obispo Capital Improvement Board as follows: SECTION 1. Approval of Financing Plan and Installment Sale Agreement. The Board of Directors hereby approves the financing plan for the Project as set forth in this Resolution. To that end, the Board of Directors hereby approves the Installment Sale Agreement in the form thereof 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, the final form of the Installment Sale Agreement. SECTION 2. Assignment by Board. The Board of Directors hereby approves the assignment by the Board of its rights under the Installment Sale Agreement, including the right to receive the Installment Payments, to a bank or other lending institution that is selected by the R 9979 • o Resolution No. 9979 (2008 Series) Page 2 Board upon the advice of the Fieldman, Rolapp & Associates, as financial adviser to the City and the Board, which selection may be made on the basis of limited competitive bidding, by sole designation or any other means deemed advisable by the Chief Financial Officer. The Board of Directors hereby delegates authority to the Chief Financial Officer to accept an offer from a bank or other lending institution to provide financing for the Project by entering into an Assignment Agreement with the Authority in the form thereof 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, the final form of the Assignment Agreement. SECTION 3. 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 assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved under this Resolution. Whenever in this resolution any officer of the Board is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf if such officer is absent or unavailable. SECTION 4. Effective Date. This resolution shall take effect immediately upon its passage and adoption. On motion of Council Member Carter, seconded by Vice Mayor Brown, and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None 0 0 Resolution No. 9979 (2008 Series) Page 3 The foregoing resolution was passed and adopted on May 6, 2008. Presiclent David. F. Romero ATTEST: Audrey Hoo Secretary t( APPROVED AS TO FORM: Jon than . owell Board Attorney I hereby certify that the foregoing Resolution was passed and adopted by the Board of Directors of the City of San Luis Obispo Capital Improvement Board at a special meeting thereof duly held on May 6, 2008, by a majority vote of all of its members. av 0, Audrey per Secretary PLEASE NOTE: RESOLUTION NO. 9980 (2008 SERIES) IS NOT INCLUDED IN THIS BATCH OF RESOLUTIONS TO BE MICROFICHED. AS OF NOVEMBER 5, 2008, SIGNED AGREEMENT IS STILL PENDING. THE CLERK'S OFFICE WILL INCLUDE THIS RESOLUTION IN THE NEXT BATCH TO BE MICROFICHED. RESOLUTION NO. 9980 (2008 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF AN OPEN SPACE AND PUBLIC ACCESS EASEMENT ON REAL PROPERTY RESOLUTION NO. 9978 (2008 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING DOCUMENTS AND ACTIONS RELATING TO THE FINANCING OF TANK FARM WASTEWATER IMPROVEMENT PROJECT WHEREAS, the City of San Luis Obispo (the "City ") owns and operates facilities and property for the collection, treatment and disposal of wastewater within the service area of the City (the "Wastewater Enterprise "), and is proceeding to finance the acquisition and construction of improvements to the Wastewater Enterprise known as the Tank Farm Gravity Sewer, Lift Station and Force Main Project (the "Project "); and WHEREAS, in order to provide funds to finance the acquisition and construction of the Project, the City has proposed to enter into an Installment Sale Agreement with the City of San Luis Obispo Capital Improvement Board (the `Board ") under which the Board agrees to provide financing for the Project and to sell the completed Project to the City in consideration of the agreement by the City to pay periodic Installment Payments as the purchase price of the Project; and WHEREAS, the Installment Payments will be secured by a pledge of and lien on the net revenues of the Wastewater Enterprise on a parity with the pledge, lien and security interest which secure certain outstanding obligations of the City under loan agreements with the State Water Resources Control Board; and WHEREAS, the Board proposes to raise funds for the Project by assigning its rights under the Installment Sale Agreement, including the right to receive Installment Payments, to a bank or other lending institution; and WHEREAS, the Council wishes at this time to approve all proceedings to which it is a party relating to the financing of the Project; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Approval of Financing Plan and Installment Sale Agreement. The Council hereby approves the financing plan for the Project as set forth in this Resolution. To that end, the Council hereby approves the Installment Sale Agreement in the form thereof on file with the City Clerk together with any changes therein or additions thereto deemed advisable by the Director of Finance & Information Technology ( "Director "), whose execution thereof shall be conclusive evidence of the approval of any such changes or additions. The Director is hereby authorized and directed for and in the name and on behalf of the City to execute, and the City Clerk is hereby authorized and directed to attest, the final form of the Installment Sale Agreement. SECTION 2. Assignment by Board. The Council hereby approves the assignment by the Board of its rights under the Installment Sale Agreement, including the right to receive the Installment Payments, to a bank or other lending institution which is selected by the Board upon • �J Resolution No. 9978 (2008 Series) Page No. 2 the advice of the Fieldman, Rolapp & Associates, as financial adviser to the City and the Board, which selection may be made on the basis of limited competitive bidding, by sole designation or any other means deemed advisable by the Director. SECTION 3. Official Actions. The Mayor, the City Administrative Officer, the Director of Finance & Information Technology, the City Clerk and all other officers of the City are each authorized and directed in the name and on behalf of the City to make any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they or any of them deem necessary or appropriate in order to consummate any of the transactions contemplated by the agreements and documents approved under this resolution. Whenever in this resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer is absent or unavailable. SECTION 4. Effective Date. This resolution shall take effect immediately upon its passage and adoption. Upon motion of Council Member Mulholland, seconded by Council Member Settle, and on the following vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted on May 6, 2008. Mayor David F. Romero ATTEST: U Audrey Hooper City Clerk APPROVED AS TO FORM: Jo athan well City Attorney C 0 RESOLUTION NO. 9977 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO SETTING A FEE ASSOCIATED WITH PROCESSING REQUESTS TO CHANGE ADDRESSES, AS DETERMINED BY THE 2007 -09 COST ALLOCATION PLAN WHEREAS, Section 12.32.070 of the Municipal Code provides that a property owner may apply for an address change for personal reasons by paying a fee to be determined by the council; and WHEREAS, there is no adopted fee associated with processing requests to change addresses; and WHEREAS, it is the City's policy to review General Fund service charges on an ongoing basis and to adjust them as required to ensure they remain adequate to achieve adopted cost recovery goals; and WHEREAS, the City expends approximately $103 in processing each address change request. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that a fee is hereby adopted in the amount of $103 for processing requests to change addresses and such fee shall be adjusted annually July 1 of each year by the annual percentage change in the U.S. Consumer Price Index — All Urban Consumers (CPI -U) for the prior calendar year. Upon motion of Council Member Settle, seconded by Vice Mayor Brown, and on the following vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 15`h day of April 2008. R 9977 Resolution No. 9977 (2008 (Lies) Page 2 The foregoing resolution was adopted this 15`h day of April 2008. Mayor David F. Romero ATTEST: Audrey H er City Cler ie APPROVED AS TO FORM: Jonah . Lowell City Attorney O RESOLUTION NO. 9976 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING REVISED DEVELOPMENT REVIEW NOTIFICATION REQUIREMENTS WHEREAS, the City follows specific notification requirements for planning entitlements requiring development review; and WHEREAS, the City Council previously adopted Resolution 6779 (1990 Series) establishing development review notification requirements; and WHEREAS, the City's current practice exceeds the current requirements; and WHEREAS, the Council desires to revise the requirements to reflect current legal requirements and City practice in excess of those requirernzents. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Resolution No. 6779 (1990 Series) is superseded and a new Notification Requirements table is hereby adopted, as shown as Exhibit "A ", attached and .-incorporated herein. Upon motion of Council Member Settle, seconded by Vice Mayor Brown, and cn the following vote: AYES: Council Members Carter, Mulholl::id, ar:d Settle, Mice Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 15`h day of .April 2008. ATTEST: Audrey floor City Cler APPROVED AS TO FORM. Ch-aLowell City Attorney •� As Mayor David F. Romero R 9976 NOTIFICATION REQUIREMENTS Exhibit A Procedures AD Ad Map POSTCARDS To ADJAcEN -r 0,mN%, is POSTCARDS To OWNERS wnuiN 300' Signs Address Change 5 Administrative Actions (SDU. DA. M, LLA) 5 Appeals Same i&6 a hcation - - Architectural (ARC) Review 10 10 g 10' Minor or Incidental 5 e 5 a 5 e Non - Residential adjacent to Residential Zones 10 10 10 Determination of Significant Structure 10 10 10 Demolition of Significant Structure h h 10 10 Condominium Conversions 10 10 109 10 10' Cultural Heritage - Projects on Residential Sites 5 _ Projects in Historical Districts b 5 Demolition on Historic Resources Sites _ :5'.___ . Demolition in Historic Districts b 5 Changing Master List Resources 5 Changing Historical District Boundaries 10 10 _ 10 10 Downtown Housing Conversion Permits - City Council 10 10.a ` 10 Environmental Review h Fence Height Exception - FH _ 5.e_ 5 a 5e General Plan Amendment - Ma - PC and CC 10 10 10 Text - PC and CC 10 Home Occupation Permits 5- - -_ Home Occupation with Admin Hearing 5 5 a 5 Parcel Ma (except Plan. Dev) - Tentative Ma - Director - MS 10 10 10 10 Final Ma - Director 10 10 Planned Develo vnent Rezo ' Prelimiri - PC & CC 10 10 10 10 Final Development Plan - Director _._. _ - = - no notice - - Amendments (preliminary or final) - PC 10 10 10 10 Rezoni - / Annexation - Ma - PC and CC 10 10 10 10 Text - PC and CC 10 School Tenant Permits - -h - - School Tenant Permit with STP -5e 5 a 5 e School Tenant with Administrative Use Permit 5 5 a 5' Sidewalk Sales Permits - no notice - - Sign Permits no notice • -.__ . ___ Specific Plan Amendments • PC and CC 10 10 10 Street Abandonments - Planning Commission 10 1 10 10__ ... _ I 10 Resolution of Intent - City Council - -.uo notice - - Resolution Ordering - City Council 10 10 10 c . Street Name Change - Planning Commission 10 1 10 log 10d Time Extensions no notice - - Tract Maps and Parcel Maps with PD (tentative) - PC 10 10 10a 10 Use Permits - Administrative Hearing 5 a S. PC and CC 10 10a 10 Variances - Administrative Hearing S 5 a. 5 _ a) Notice to adjacent tenants, including those across street b) Notice may be required to adjacent or any other property owners at the discretion of the CDD Director c) Signs must be 300' apart or less, minimum of 3 signs d) Minimum of 3 signs e) Notice at least 5 days before final decision t) Letters sent to persons of organizations that have requested notice of demolition of significant structures g) Notice to tenants h) No specific date or time limit C RESOLUTION NO. 9975 (2008 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING AMENDMENTS TO THE LAND USE ELEMENT MAP DESIGNATION FROM OFFICE TO GENERAL RETAIL FOR PROPERTY AT 667 THROUGH 669 MONTEREY STREET AND 1019 THROUGH 1023 BROAD STREET AND FROM PUBLIC FACILITY TO GENERAL RETAIL FOR PROPERTY AT 1010 BROAD STREET AND FROM OFFICE TO PUBLIC FACILITY AT 1045 BROAD STREET GP/R/ER 64 -07 WHEREAS, the Planning Commission conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February 27, 2008, and recommended approval of the project; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 15, 2008, for the purpose of considering Application GP/R/ ER 64 -07; and WHEREAS, notices of said public hearings were made at the time and in the manner required by law; and WHEREAS, the Council has reviewed and considered the Negative Declaration of environmental impact for the project as prepared by staff and reviewed by the Planning Commission; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project entitlements in accordance with the California Environmental Quality Act and the City's Environmental Guidelines, and reflects the independent judgment of the Council. The Council hereby adopts the Mitigated Negative Declaration incorporating all of the mitigation measures listed below into the project: Mitigation Measures: 1. Aesthetics Prior to issuance of any construction permits, the applicants shall submit an exterior lighting.plan ensuring that exterior lighting associated with the project shall not spill over the property line in excess of one foot - candle. Glare light shall be reduced by shielding lights and recessing light sources within fixtures. R 9975 Resolution No 9975 (2008 oeries) Page 2 Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans submitted for architectural review and building permit primarily by the Community Development Department staff. 2. Cultural Resources A. During demolition and construction activities, the applicant shall retain a qualified historic /prehistoric archaeologist to monitor all earth - moving activities (e.g., excavation, grading, utility trenching). Weekly monitoring reports shall be prepared that discuss the area and depth of disturbance, the nature of any resources encountered, and any other information outlined in the conditions of approval and Cultural Resources Monitoring Plan. In the event that significant artifacts are encountered, construction within the immediate area shall cease until the area is surveyed by a qualified archaeologist approved by the City of San Luis Obispo Community Development Director. If the artifacts cannot be preserved in place, then the archaeologist shall be provided the necessary time and funding to recover the "scientifically consequential information from or about the resource" as required by CEQA § 15026.4. A final report of findings should be prepared and all significant cultural materials should be cataloged and curated at a local archaeological collection facility that meets appropriate state and federal standards. B. A Cultural Resources Monitoring Plan should be prepared by a qualified archaeologist and approved by the City prior to the issuance of construction permits. The plan should detail the protocols and methods that will be initiated should any historic or archaeological resources be encountered during demolition or construction, and include provisions and directives for specific content for weekly monitoring reports. C. During demolition and construction activities, the County Coroner shall be contacted in the event that any human remains are discovered. D. If City designated historic properties are re- located, moved, or otherwise modified, all work shall be performed consistent with the Secretary of Interior Standards for rehabilitation. Original exterior materials, trim, windows, roofing, and detailing shall be preserved and restored rather than replicated. Monitoring Program: Compliance with these requirements shall be monitored through the review of detailed plans submitted for architectural review and review by the City's Cultural Heritage Committee. An archeologist (subject to approval by the Community Development Department) shall be retained by the project sponsor prior to the issuance of grading, demolition or construction permits. The archeologist shall submit a cultural resources monitoring plan to the City prior to the commencement of any site work. All construction personnel shall be instructed to comply with the monitoring plan. 3. Land Use and Planning Mass, scale, form and design theme of any new buildings within the block to be rezoned shall be Resolution No 9975 (2008 cries) Page 3 compatible and complementary to existing significant historic structures such as the Mission, the Carnegie Library, the Leitcher apartment building, and Master list historic residential properties on Monterey Street. The Secretary of Interior standards, the City's Community Design Guidelines, and General Plan policies that are designed to protect historic resources shall be closely followed when modifying existing structures or building new structures within the subject properties. Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans submitted for architectural review and building permit primarily by the Community Development Department staff. 4. Noise The construction of future residential uses shall be accompanied by an acoustical analysis (noise study) to ensure that interior spaces and exterior private use areas are designed to mitigate noise impacts to levels determined acceptable by the City's General Plan Noise Element. Specific construction details shall be identified as recommendations in the study. Monitoring Program: Compliance with this requirement shall be monitored through the review of detailed plans and the acoustical analysis submitted for architectural review and building permit primarily by the Community Development Department staff. SECTION 2. General Plan Amendment Approval & Findings. The General Plan Amendment included as part of City Application No. GPA 64 -07, which amends the Land Use Element Map as shown on the attached Exhibit A, is hereby approved, based on the following findings: 1. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential environmental impacts of the proposed project, and reflects the independent judgment of the City Council. 2. The proposed General Plan Amendment is consistent with General Plan Land Use Element policies regarding Downtown - Commercial zoning, which indicate such districts are appropriate for cultural facilities, mixed -use projects and specialty retail uses. 3. The proposed General Plan amendment will facilitate implementation of the Conceptual Physical Plan for the City's Center and will help to stimulate redevelopment of underutilized properties within the downtown core. 4. A Special Consideration overlay zone shall be applied in order to ensure adequate review of building massing and setbacks and create a specifically refined list of allowed land uses. The proximity to the creek, the size and configuration of the property and adjacent lower density office and residential uses warrant the refined land use list and requirement for a Planning Commission Use Permit. Resolution No 9975 (2008 eries) � Page 4 SECTION 3. Adoption. 1. The Land Use Element Map is hereby amended as shown in Exhibit A. 2. The Community Development Director shall cause the change to be reflected in documents, which are on display in City Hall and are available for public viewing and use. On motion of Vice Mayor Brown, seconded by Mayor Romero, and on the following roll call vote: AYES: Council members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 15`h day of April 2008. g2ar�mow ZaWAW Mayor David F. Romero "W*u G E Audrey Ho er City Clerk APPROVED AS TO FORM: Jonatftrr Lowell City Attorney -� Exhibit A General Plan Amendment / Rezone 64 -07 RESOLUTION NO. 9974 (2008 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A USE PERMIT TO ALLOW A FRATERNITY, MITIGATED NEGATIVE DECLARATION, AND AMENDING THE LAND USE ELEMENT MAP FROM MEDIUM -HIGH DENSITY RESIDENTIAL (R -3) TO HIGH - DENSITY RESIDENTIAL (R -4) FOR PROPERTY AT 12909 1292 FOOTHILL BOULEVARD AND 1239 1359 1379 175 CRANDALL AVENUE; GP/U /ER 109 -05 WHEREAS, the Planning Commission conducted a public hearing on February 13, 2008, and recommended approval of the project; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 15, 2008, pursuant to a proceeding instituted under application GP/U /ER 109 -05, Kevin Hauber, applicant; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the City Council has considered the Mitigated Negative Declaration of environmental impact as prepared by staff and reviewed by the Planning Commission; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project entitlements in accordance with the California Environmental Quality Act and the City's Environmental Guidelines, and reflects the independent judgment of the Council. The Council hereby adopts the Mitigated Negative Declaration incorporating all of the mitigation measures listed below: Mitigation Measures 1. Temporary impacts from the project, including but not limited to excavation and construction activities and vehicle emissions from heavy duty equipment have the potential to create dust and emissions that exceed air quality standards for temporary and intermediate periods unless the following mitigation measures are incorporated: R 9974 Resolution No. 9974 (2008 Series) Page 2 a. Construction vehicle speed at the work site must be limited to fifteen (15) miles per hour or less; b. Prior to any ground disturbance, sufficient water must be applied to the area to be disturbed to prevent visible emissions from crossing the property line; c. Areas to be graded or excavated must be kept adequately wetted to prevent visible emissions from crossing the property line; d. Storage piles must be kept adequately wetted, treated with a chemical dust suppressant, or covered when material is not being added to or removed from the pile; e. Equipment must be washed down before moving from the property onto a paved public road; and f. Visible track -out on the paved public road must be cleaned using wet sweeping or a HEPA filter equipped vacuum device within twenty-four (24) hours. ➢ Monitoring Program: Construction phase air quality mitigation measures are monitored by the Air Pollution Control District (APCD), through a complaint based enforcement system. The requirements listed above are noted on the project plans and the City Building Inspector and Public Works Inspector for the project are instructed to contact APCD in the event of a probable violation. Members of the public can also call APCD if they are concerned about dust or other emissions from a construction site. SECTION 2. General Plan Amendment Approval & Findings. The General Plan Amendment included as part of City Application No. GPA 109 -05, which amends the Land Use Element Map from Medium -High Density Residential to High Density Residential for the properties located at 1290 and 1292 Foothill Boulevard and 123, 135, and 175 Crandall Avenue as shown on the attached Exhibit A, is hereby approved, based on the following findings: Findings: 1. The proposed General Plan Amendment is consistent with General Plan Land Use and Housing Element policies to locate student housing projects, fraternities and sororities, and generally more affordable housing in close proximity to the campus. 2. The General Plan Amendment from Medium -High Density Residential (R -3) to High - Density Residential (R-4) will allow for density required for the proposed fraternity use, and will provide for more viable future redevelopment of other properties to be consistent with the above General Plan Policies and Land Use Element policy stating that housing likely to attract faculty or students should be encouraged to locate close to Cal Poly, to reduce commute travel. 3. The proposed General Plan Amendment will not be detrimental to the health, safety and Resolution No. 9974 (2008 Series) Page 3 welfare of those living and working in the vicinity since it will not allow incompatible land uses. The area of the proposed GP/R and project site is already adjacent to other High - Density Zoned properties and is bordered by the Cal Poly campus to the north. SECTION 3. General Plan Amendment Adoption. 1. The Land Use Element Map is hereby amended as shown in Exhibit A. 2. The Community Development Director shall cause the change to be reflected in documents, which are on display in City Hall and are available for public viewing and use. SECTION 4. Use Permit Approval Findinws and Conditions. The Use Permit Amendment included as part of City Application No. U 109 -05, which allows redevelopment of the properties located at 1292 Foothill Boulevard and 123 Crandall Avenue, is hereby approved, based on the following findings, and subject to the following conditions: Findings: 1. The proposed use, as conditioned, will not be detrimental to the health, safety and welfare of persons living or working in the area, because limits on hours for events and numbers of persons allowed on site will restrict activities and limit disturbances to neighbors. 2. The subject use is appropriate at the proposed location, and will be compatible with surrounding land uses provided that the fraternity complies with all conditions at all times. 3. The proposed use conforms to the General Plan because it is a group housing use, which the General Plan designates as potentially appropriate for High- Density (R-4) Residential areas. 4. The proposed use meets Zoning Ordinance requirements because it is a fraternity in a Medium -High Density Residential (R -3) zone and proposed to be rezoned to High - Density Residential (R -4), where fraternities are allowed with approval of a Planning Commission use permit. Conditions 1. The use permit shall not be effective until after the associated site development has been completed consistent with the related Architectural Review Commission application ARC 109 -05, and given final occupancy. CC �J Resolution No. 9974 (2008 Series) Page 4 2. Project plans submitted for Building Division review shall reflect handicap accessibility for the bathroom near the dining room and one of the residential bedroom units. 3. No more than twenty nine (29) persons shall reside at the house at any time. Additions to structures or additional occupancy shall require a use permit amendment. The applicant shall allow the city to verify occupancy of the house by allowing an inspection of the records or by a visual inspection of the premises. Any inspection shall be at a reasonable time and shall be preceded by a 24 -hour notice to the residents. 4. On site parking consistent with ARC approved plans shall be provided and maintained at all times for the intended use. 5. The property shall be maintained in a clean and orderly manner. All plant materials shall be maintained and replaced as necessary. 6. The maximum number of persons allowed on the site for routine meetings and gatherings is 44, except as specifically approved by the Community Development Director for special events. For such special events, the applicant shall also submit a parking and transportation plan. 7. No meetings, parties, or other types of similar activities that would violate City Noise Ordinances or other City regulations, or that would exceed the maximum 44 persons provisions noted in the above condition may take place between the hours of 10 p.m. and 9 a.m., except as approved by the Community Development Director. 8. The applicant shall institute and maintain a neighborhood relations program. The neighborhood relations program shall be submitted and found complete to the satisfaction of the Community Development Director prior to issuance of building permits. This plan shall include at least the following elements: °Annual training of all members in community relations. oA program to inform neighbors of upcoming events at the house. oSubmission of names and telephone numbers of responsible persons, including the alumni president and chief financial officer, to the Community Development Department and to the neighbors within two blocks of the house. Responsible persons shall be available during all events and at reasonable hours otherwise, to receive and handle complaints. v U Resolution No. 9974 (2008 Series) Page 5 9. Evidence of implementation of said plan shall be submitted to the director for review each year. Failure to exercise reasonable efforts to implement said plan may be grounds for revocation of this permit. 10. Events, including meetings or parties, on site, shall be limited to those listed on a meeting and activities schedule, submitted to and approved by the Community Development Director in the fall of each year. Exceptions to this schedule must be approved by the Community Development Director. If the Director determines the change is significant and may have an adverse impact on the neighborhood, then it will be referred to the Planning Commission for consideration. 11. Only signs permitted by the City and consistent with Sign Regulations may be displayed on the premises unless approved by the Community Development Director for temporary events. 12. The use permit shall be reviewed if any reasonable written citizen or Police or Fire Department. complaints are received by the City. In review of the use permit, the Planning Commission may add, delete or modify conditions of approval, or revoke the use permit. The Planning Commission may consider adding a condition requiring fraternity officers to perform a community service project in the neighborhood. 13. Failure to comply with any of the above conditions or code requirements, or the conduct of the use so as to constitute a violation of Federal, State, or local law, or so as to constitute a public nuisance or so as to cause adverse impacts on the health, safety, or welfare of persons in the vicinity of this use is prohibited and may constitute grounds for revocation of this permit. On motion of Council Member Settle, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Member Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None Resolution No. 9974 (2008 Series) Page 6 The foregoing resolution was passed and adopted this 15"' day of April 2008. Mayor David F. Romero ATTEST: City Clerk Audrey Hooper APPROVED AS TO FORM: ity A rney onathan Lowell 7ximi 1rm ilro7MI11'III C- ,J RESOLUTION NO. 9973 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING APPEALS FROM THE ARCHITECTURAL REVIEW COMMISSION'S ACTION REGARDING PROPERTY LOCATED AT 399 FOOTHILL BOULEVARD (ARC 55 -07) WHEREAS, the Architectural Review Commission, on March 3, 2008, approved a mixed -use project with 4 dwellings and 1,532 square feet of commercial floor area in the Neighborhood Commercial zone; and WHEREAS, Brett Cross, president of Residents for Quality Neighborhoods, filed an appeal of the Architectural Review Commission's action on March 10, 2008; and WHEREAS, Keith & Margaret Evans and Steve & Stephanie Hilstein, filed an appeal of the Architectural Review Commission's action on March 12, 2008; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 15, 2008, for the purpose of considering appeals of the Architectural Review Commission's action; and WHEREAS, the Council has duly considered all evidence, including the record of the Architectural Review Commission hearing and action, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Finding Based upon all the evidence, the City Council makes the following finding: 1. Given the project site's Special Consideration Overlay zoning relating to compatibility with adjacent residential uses, the project's height and massing are not consistent with the scale of the neighborhood. SECTION 2. Action. The City Council does hereby uphold the appeals of the Architectural Review Commission's action, thereby denying a mixed -use project at 399 Foothill Blvd. (Application No. ARC 55 -07) without prejudice so as to allow a revised application to be submitted without the need to wait for one year or payment of new initial application fees. R 9973 0 0 Resolution No. 9973 (2008 Series) Page 2 On motion of Council Member Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 15'' day of April, 2008. Mayor David F. Romero ATTEST Audre ooper City Cler APPROVED AS TO FORM: J athan well City ttorney RESOLUTION NO. 9972 (2008 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING ITS INTENTION TO ESTABLISH THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT, TO ESTABLISH THE BASIS FOR AND TO LEVY THE ASSESSMENT FOR THE DISTRICT, AND TO SET DATES FOR THE PUBLIC HEARINGS ON THE DISTRICT AND THE PROPOSED ASSESSMENT WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq. of the Streets and Highways Code, authorizes cities to establish business improvement districts for several purposes, one of which is promotion of tourism; and WHEREAS, the businesses within the proposed City of San Luis Obispo Tourism Business Improvement District have requested the City of San Luis Obispo to establish such a self - assessment improvement district. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: a) The San Luis Obispo City Council proposes to form a parking and business improvement district pursuant to the California Streets and Highways Code section 36500 et seq. (Parking and Business Improvement Law of 1989) the proposed boundaries shall encompass the City of San Luis Obispo. b) The proposed improvement district shall be called the City of San Luis Obispo Tourism Business Improvement District. c) The assessment levied by the Tourism Business Improvement District shall be used to promote lodging at the hotels within the district and administer marketing programs that increase overnight lodging. d) The assessment will be levied and allocated by the City of San Luis Obispo. e) The assessment is proposed to be levied on all "hotels ", as that term is defined in San Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. The assessment shall be based on two percent (2 %) of gross room rent. f) New hotels shall not be exempt from assessment. R 9972 Resolution No. 9972 (2008 Series) Page 2 g) The City of San Luis Obispo will hold Public Meeting to allow for public testimony pursuant to Government Code section 54954.6 on May 20, 2008. h) The first public hearing for comments on the proposed District and assessments is hereby set for 7 P.M. Tuesday, June 3`d, 2008 before the City Council of San Luis Obispo at the City Council Chamber at 990 Palm Street, San Luis Obispo, California. i) At the public hearing, the testimony of all interested persons for or against the establishment of the District, the extent of the District, or the furnishing of specified types of improvements or activities will be heard. j) Any protest against the City of San Luis Obispo Tourism Business Improvement District, or any aspect, may be made in writing. A protest may be withdrawn at any time before the conclusion of the public hearing. Any written protest shall contain a description of the business in which the person signing the protest is not shown on the official records of the City of San Luis Obispo as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the authorized representative of the business. Any protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to the City of San Luis Obispo at 990 Palm Street, San Luis Obispo, CA 93401. k) If at the conclusion of the public hearing, there are of record, written protests by the owners of businesses within the proposed San Luis Obispo Tourism Business Improvement District that will pay fifty percent (50 %) or more of the total assessments of the entire San Luis Obispo Tourism Business Improvement District, . no further proceedings to create the San Luis Obispo Tourism Business Improvement District shall occur. New proceedings to form the San Luis Obispo Tourism Business Improvement District shall not be undertaken again for a period of at least one (1) year from the date of the finding. If the majority of written protests are only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the San Luis Obispo Tourism Improvement District. BE IT, THEREFORE, FURTHER RESOLVED, the City Clerk is instructed to provide notice of the as required by Government Code section 54954.6 as follows: The City Clerk shall publish joint notice of both the public meeting and the public hearing, as set forth in sections g and h above, beginning at least 45 days prior to the public hearing, by placing a display advertisement of this Resolution of at least one - eighth page in a newspaper of general circulation for three weeks pursuant to Government Code section 6063 and by mailing of a complete copy of the Resolution of Intention by first -class mail to each business owner in the area within seven days of the City Council's adoption of the Resolution of Intention. The City Clerk shall also provide notice by a first -class mailing to those interested parties who have filed a written request with the City for mailed notice of public meetings or hearings on new or increased general taxes. Resolution No. 9972 (2008 Series) Page 2 a) Mail a complete copy of this Resolution of Intention to each and every business that will be subject to assessment within seven (7) days of the adoption of the Resolution by the City Council. Upon motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 15`h day of April 2008. e Mayor David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: J nathan P. well City orney C' RESOLUTION NO. 9971(2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING PARTICIPATION IN THE CITIES FOR CLIMATE PROTECTION CAMPAIGN TO REDUCE GREENHOUSE GAS AND AIR POLLUTION EMISSIONS THROUGHOUT THE COMMUNITY WHEREAS, a scientific consensus has developed that carbon dioxide and other greenhouse gases released into the atmosphere have a profound effect on the Earth's climate; and WHEREAS, the 2007 Fourth Assessment Report from the International Panel on Climate Change (IPCC) states that it is very likely that most of the observed increases in globally averaged temperatures since the mid -20`s century are due to human- induced greenhouse gases; and WHEREAS, in 2006 the U.S. National Climatic Data Center confirmed clear evidence of human influences on climate due to changes in greenhouse gases; and WHEREAS, the U.S. Conference of Mayors endorsed the 2005 U.S. Mayors' Climate Protection Agreement initiated by Seattle Mayor Nickels and signed by more than 600 mayors in the United States including our own as of October 2007; and WHEREAS, the Urban Environmental Accords adopted by local government delegates during UN World Environment Day 2005 call for reduced emissions through energy efficiency, land use and transportation planning, waste reduction, and wiser energy management; and WHEREAS, in 2001, at the request of the Administration, the National Academy of Sciences (NAS) reviewed and declared global warming a real problem likely due to human activities; and WHEREAS, 162 countries include the United States pledged under the United Nations Framework Convention on Climate Change to reduce their greenhouse gas emissions; and WHEREAS, energy consumption, specifically the burning of fossil fuels, accounts for more than 80% of U.S. greenhouse gas emissions; and WHEREAS, local government actions taken to reduce greenhouse gas emissions and increase energy efficiency provide multiple local benefits by decreasing air pollution, creating jobs, reducing energy expenditures, and saving money for the local government, its businesses and its residents; and WHEREAS, the Cities for Climate Protection Campaign sponsored by ICLEI — Local Governments for Sustainability has invited the City of San Luis Obispo to join ICLEI and become a partner in the Cities for Climate Protection Campaign; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: R 9971 Resolution No. 9971 (2008 Series) Page 2 SECTION 1. The City of San Luis Obispo will join ICLEI as a Full Member and participate in the Cities for Climate Protection Campaign and, as a participant, pledges to take a leadership role in promoting public awareness about the causes and impacts of climate change. SECTION 2. The City of San Luis Obispo will undertake the Cities for Climate Protection Campaign's five milestones to reduce both greenhouse gas and air pollution emissions throughout the community, and specifically: • Conduct a baseline emissions inventory and forecast, • Adopt an emissions reduction target for the forecast year, • Develop a Local Action Plan, • Implement policies and measures, and • Monitor and verify results. SECTION 3. The City of San Luis Obispo requests assistance from ICLEI's Cities for Climate Protection Campaign as it progresses through the milestones. Upon motion of Council Member Mulholland, seconded by Council Member Settle, and on the following vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 15`h day of April 2008. c4Q� ze rdaw�- Mayor David F. Romero ATTEST: Audrey Hoo City Clerk APPROVED AS TO FORM: an P. Lowell City Attorney 0 RESOLUTION NO. 9970 (2008 Series) RESOLUTION AUTHORIZING TWO TAXI OPERATORS IN THE CITY OF SAN LUIS OBISPO AND GRANTING A PERAUT TO 234 -TAXI LLC FOR A ONE YEAR TRIAL PERIOD WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi service for its citizens; and WHEREAS, Beach Cities Cab is the current taxi operator in the City of San Luis Obispo and has operated in the City since 2001; and WHEREAS, the City has received an application from 234 -Taxi LLC to operate taxi service in the City; and WHEREAS, in accordance with the provisions of San Luis Obispo Municipal Code Chapter 5.20, the City has evaluated the demand for additional taxi operators in the City; and WHEREAS, the City has determined the need for an additional taxi operator in the City on a one year trial basis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds there is a need for two taxi operators in the City of San Luis Obispo. SECTION 2. The CAO or his designee is hereby authorized to grant a Certificate of Public Convenience and Necessity and Taxi Permit to 234 -Taxi LLC on a one year trial basis. On motion of Council Member Carter, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None R 9970 Resolution No. 9970 (2008 Sines) Page 2 The foregoing resolution was passed and adopted this 151 day of April 2008. Mayor David F. Romero ATTEST: �i Audrey Hoo er City Clerk AS TO FORM: than P. Lowell Attorney 0 RESOLUTION NO. 9969 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING A $20,000 GRANT FROM THE JANSSEN FOUNDATION FOR RENOVATION OF THE ROLLER HOCKEY RINK WHEREAS, as part of the 2007 -09 Financial Plan, the City Council established a Major City Goal to expand the Santa Rosa Park multi -use court to accommodate the needs of the roller hockey community; and WHEREAS, the City Council allocated $180,000 for the project, and preliminary estimates indicate that additional funding will be needed to complete the renovations to the roller hockey rink; and WHEREAS, the Parks and Recreation Department researched the availability of grant funding, and subsequently applied for funding through the Robert H. Janssen Foundation; and WHEREAS, the Robert H. Janssen Foundation has awarded the City of San Luis Obispo a grant of $20,000 to be used for renovations to the roller hockey rink. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that it hereby accepts a grant of $20,000 from the Robert H. Janssen Foundation for renovations to the Santa Rosa hockey rink. Upon motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None G Resolution No. 9969 (2008 Series) Page 2 The foregoing resolution was adopted this 1" day of April 2008. • �i /�l:I���iO Mayor David F. Romero ATTEST: Audrey Ver ity Cle APPROVED AS TO FORM: l iian P. Lowell Attorney U RESOLUTION NO. 9968 (2008 Series) A RESOLUTION OF INTENTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO INCREASE THE DOWNTOWN BUSINESS IMPROVEMENT AREA ASSESSMENT WHEREAS, the Downtown Business Improvement Area was formed in 1975 pursuant to the Parking and Business Improvement Area Law and City Council Resolution No. 2879 (1975 Series), and the Downtown Association was established as an Advisory Board of the City of San Luis Obispo by Ordinance No. 649 (1975 Series) as amended by Ordinance No. 1334 (1998 Series) for the purpose of administering the Area for the benefit of its membership; and WHEREAS, member businesses in the Downtown Business Improvement Area ( "Area ") have been charged an assessment to fund the activities of the Downtown Association for the benefit of those member businesses since 1975; and WHEREAS, the amount of the assessment has remained unchanged since its adoption in 1975; and WHEREAS, the Downtown Association is in the process of forming an independent non - profit entity with which the City intends to contract for the delivery of services to benefit members of the Area; and WHEREAS, the Downtown Association has determined that an increase in the assessment amount is necessary to better serve the needs of its membership; and WHEREAS, the City supports the efforts of the Downtown Association and wishes to facilitate its resource needs so that the Downtown Association may better serve its membership by providing services as set forth in Section 3 below. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. It is the City's intention to increase the assessment to be collected from businesses within the Area for the fiscal year 2008 -09 as further described in Section 4. SECTION 2. The area within which the assessments are to be collected was established by Ordinance No. 649 and has boundaries defined as follows: From Santa Rosa Street along Palm Street to Broad Street, Broad to Monterey, Monterey to Nipomo, Nipomo to San Luis Creek, San Luis Creek to a point where Beach Street would intersect, from this intersection point to Beach and Marsh, Marsh to Nipomo, Nipomo to Pacific, Pacific to Santa Rosa, Santa Rosa to Palm. The area shall include the businesses fronting on both sides of the boundary streets listed above, and at all four corners of the intersections of said boundary street listed above, except that it shall not include the northwesterly corner of Monterey and Nipomo Streets. o Resolution No. 9968 (2008 Series) Page 2 SECTION 3. Pursuant to Ordinance No. 649 (1975 Series), the assessment revenues are to be used exclusively for the following activities: (1) Acquisition, construction or maintenance of parking facilities for the benefit of the Area, provided that said facilities shall not impair the City's ability to produce revenues for the payment of Parking District No. 1 obligations. (2) Decoration of any public place in the Area. (3) Promotion of public events which are to take place on or in public places in the Area. (4) Furnishing of approved music in any public place in the Area. (5) General promotion of retail trade activities in the Area. SECTION 4. There is a report on file with the City Clerk providing a full and detailed description of the improvements and activities to be funded from the assessment and the boundaries of the Area. The City is proposing to increase the annual assessment levied upon Area businesses from 0.00050 of gross receipts (for example, $50 per $100,000) to 0.00055 of gross receipts (for example, $55 per $100,000); and to increase the annual minimum assessment from $25 to $150. The assessment proposed herein shall continue to be collected at the same time and in the same manner as the City's business tax. It is estimated that the proposed assessment will raise $229,000 in 2008 -09 compared with estimated revenues from the current assessment of $168,000 in 2007 -08. For additional information about the proposed assessment, interested persons should contact: Deborah Cash, Downtown Association Administrator 1108 Garden Street, Suite 210 Post Office Box 1402 San Luis Obispo, CA 93406 Phone: 805.541.0286 Fax: 805.781.2647 Email: dcash @downtownslo.com SECTION 5. Pursuant to California Government Code, Section 54594.6, the Council will hold a public meeting on May 6, 2008 at 5:45 PM at which it shall allow public testimony regarding the proposed increased assessment and, thereafter, will conduct a noticed public hearing on May 20, 2008 at 7:00 PM prior to taking action on the proposed increase to the assessment. Both meetings will be held at the City Council Chambers, 990 Palm Street, San Luis Obispo, CA, 93401. If the Council approves the proposed assessment at the May 20, 2008 public hearing, the ordinance amending the assessment will be introduced at that time; and final Council adoption of the ordinance will be scheduled for June 3, 2008. If final adoption is approved at that time, the new assessment will become effective on July 3, 2008. C O Resolution No. 9968 (2008 Series) Page 3 SECTION 6. Written and oral protests to the proposed increase may be made by owners . of businesses in the Area at. or before the time set for public hearing, pursuant to Section 5, above. The form and manner of protests shall comply with California Streets and Highway Code, Sections 36524 and 36525. SECTION 7. The City Clerk shall publish joint notice of both the public meeting and the public hearing, as set forth in Section 5 above, beginning at least 45 days prior to the public hearing, by placing a display advertisement of this Resolution of at least one - eighth page in a newspaper of general circulation for three weeks pursuant to Government Code, Section 6063 and by mailing of a complete copy of the Resolution of Intention by first -class mail to each business owner in the area within seven days of the City Council's adoption of the Resolution of Intention. The City Clerk shall also provide notice by a first -class mailing to those interested parties who have filed a written request with the City for mailed notice of public meetings or hearings on new or increased general taxes. Upon motion of Council Member Mulholland, seconded by Council Member Settle, and on the following vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted on this 1" day of April 2008. Mayor David F. Romero ATTEST: L6�4'xli Audrey Ho er City Clerk APPROVED AS TO FORM: Jona well City Attorney n n RESOLUTION NO. 9967 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBIPSO ACCEPTING A DONATION FROM QUAGLINO PROPERTIES OF PUBLIC ART ON THE BRIDGE AT SACRAMENTO STREET AND ORCUTT CREEK - WHEREAS, through a Public Art Application for Privately Funded Art on City -Owned Property (Exhibit A, attached), Quaglino Properties has offered to donate to the City of San Luis Obispo an artistic bridge railing to be installed on the bridge on Sacramento Street over Orcutt Creek; and WHEREAS, pursuant to Resolution No. 8965 (1999 Series) (Exhibit B, attached) all donations exceeding $5,000 shall be accepted through a written agreement consistent with the guidelines set forth in such Resolution and approved by the City Council; and WHEREAS, the artistic bridge railing is appraised at $25,000; and WHEREAS, pursuant to Resolution No. 9656 (2005 Series) (Exhibit C, attached), on January 8, 2008 the City Council of the City of San Luis Obispo allocated $12;500 in matching grant funds towards this project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby accepts the public art artistic bridge railing on Sacramento Street over Orcutt Creek subject to the terms and conditions set forth in Exhibits A, B and C. Upon motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None R 9967 Resolution No. 9967 (2008 S es) Page 2 The foregoing resolution was adopted this 1" day of April 2008. ATTEST: Mayor David F. Romero Audrey Ho er City Clerk APPROVED AS TO FORM: y PUBLIC ART APPLICATION (No Fee) PRIVATELY FUNDED ART ON CITY -OWNED PROPERTY " CITY OF SAN LUIS OBISPO, 990 Palm Street, San Luis.Obispo: CA 93401 (805) 781 -7151 By signing this Application below and in consideration for participating in the City's Privately Funded Art on City -Owned Property program, the ar ist/owner hereby acknowledges and assigns the right to collect any royalty payment provided by Civil Code section 986(a) to the City. Except as provided above, the artist/owner further acknowledges and waives, for himself and his successors in interest, to the greatest extent a.11ow.ed by law, any rights the artistlowner may have under California Civil Code sections 986, 987, 988 and 989, or other applicable law. The artistlowner further acknowledges and understands that upon completion and installation of the artwork, and upon its acceptance by the City Council, the work shall become the property of the City. The City retains the 'right to remove or relocate the artwork in its sole discretion as the interest of the public welfare, health and safety may require. If the artwork is damaged, defaced, altered or destroyed by human acts or by acts of nature, the City retains the right to remove, restore; repair or replace the .artwork at any time.in keeping with the artist's original design intent, without consulting the artist, or his or her heirs or assigns. The City will make reasonable efforts to contact the artist, or if unavailable, another design professional, to advise or assist in any restoration work. have read, understand and accept :the terms of this Application and represent that I am the Uc►rrQ r of the artwork which is the subject of this Application. (owner, artist, or owner and artist) Date: [f' Signa ure) J (Print Name) I have read, understand and accept the terms of this Application and represent that I am the .4/Z3-KT of the artwork which is the subject of this Application. (owner, artist, or owner and artist) 1 Date: (Signature) (Print Name) A aJ �. Exhibit A PUBLIC ART APPLICATION (No Fee) . PRIVATELY FUNDED ART ON CITY -OWNED PROPERTY CITY OF SAN LUIS OBISPO, 990 Palm Street, San Luis Obispo, CA 93401 (805) 781 -7151. The Donor /owner must complete and sign this application form. If the Donorlowner is not the artist who created the artwork, the artist must also sign this Application below. ARTISTIDONOR: (Name, address, phone #) AA77` L5Ud6L -1A10 215 Lrlis ribtr10 rA- TITLE OF WORK: j'[ —_IZ. ITT 10 Al S DESCRIPTION OF WORK: (The form must be accompanied by drawings, models, photographs or any other graphic depiction which will help more clearly define the artwork.) . ��r012..Qi1 POiT i9it1IJ P.O,djFL_ [�.rrrLltiG S`!fT•�NE AT 1.3.Gc.JC: rr��t srnF u.ol.� «,�SsIAj ort4L/ Tr /L(f EK. , Cv1' Or/tS /A/ /Z,e)L- PAUFLi A �'C5/G 1 F� 2tP.42iAN S «tiL, MATERIALSISIZE: FCC -DC-& C.OAI O ZT4C =L: ST41611AS5 STEEL. j�n si`F��2s, �t�ak�! A1�C.Nd� -1:i�b ry�t'�.1" • Z SAX 3.S' PROPOSED LOCATION: (For inside or outside installation) AN APPRAISAL OR OTHER EVIDENCE OF THE VALUE OF THE PROPOSED PUBLIC ARTWORK: - S r%00� /ALL /ihCLL�ty� C��(3 RESOLUTION NO. 8965 (1999 Series) �IBIT A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING A CITY DONATION ACCEPTANCE POLICY WHEREAS, individuals, community groups, and businesses may wish to make donations to the City in either cash or in -kind contributions that enhance projects, facilities, and programs; and WHEREAS, the need for projects, facilities, and programs exceeds the City's ability to fund all such needed projects; and WHEREAS, it is an acceptable and appropriate practice to accept donations, in order to enhance City programs and/or facilities to provide a higher level of service to the public. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby adopts the following policy concerning the acceptance of donations: 1. The donation must have a purpose consistent with City goals and objectives 2.: The City may decline any donation without comment or cause. 3. The donation will not be in conflict with any provision of the law. 4. The donation will be aesthetically acceptable to the City. 5. The donation will not add to the City's workload unless it provides a net benefit to the City. 6. The donation will not bring hidden costs such as starting a program the City would be unwilling to fund when the donation was exhausted. 7. The donation places no restriction on the City, unless agreed to by the City Council. 8. The donation shall become property of the City. 9. All donations will receive recognition appropriate to the level and nature of the donation as determined by the City. For those of a capital nature, that may be in the form of signage, marking, or naming. Any naming of Parks and Recreation facilities shall be consistent with City policy on the naming of such facilities as, set forth in Resolution 8621 (1997 Series). Regardless of the recognition strategy selected, the intent shall be to appropriately honor the donor for their contribution to the community. The appearance of traditional commercial advertising shall be avoided. 10. Donations exceeding $5,000 shall be accepted through a written agreement consistent with these guidelines and approved by the City Council. In -kind capital donations will be subject to normal City review, permitting, inspection, and insurance requirements. Upon motion of Council Member Marx seconded by Council Member Ewan, and on the R 8965 0S-)q EXHIBIT Resolution No. 8965 (1999 Series) Page 2 following roll call vote: AYES: Council Members Ewan; Marx, Schwartz, Vice Mayor Romero and Mayor Settle NOES: None ABSENT: None The foregoing resolution was adopted this 7th day of September, 1999. Mayor Allen Settle APPROVED AS TO FORM: Attorney i O RESOLUTION NO. 9656 (2005 Series) O EXHIBIT Cl 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 1" day of March 2005. Y�9 dadv"o At Audrey Ho er City Cler Mayor David F. Romero, Mayor R 9656 o O G EXHIBIT Resolution No. 9656 (2005 Series) Page 2 APPROVED AS TO FORM: J na P- Lowell Ci Attorney C <-- � I 0 RESOLUTION NO. 9966 (2008 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 13, 2008, in accordance with the Appointed Officials' Performance Process as modified in August of 2002. NOW, THEREFORE, BE IT RESOLVED by the City of San Luis Obispo City Council as follows: SECTION 1. Effective April 3, 2008, the City Attorney's salary shall be increased by 6 %. SECTION 2. All other compensation and benefits afforded the City Attorney under Management Compensation Resolution No. 9892 (2007 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. d On motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None Resolution No. 9966 (2008 Series) Page 2 The foregoing resolution was adopted this 1st day of April 2008. !-/ Mayor David F. Romero ATTEST: Audrey Hop r City Clerk APPROVED AS TO FORM: J/Christine Dietrick Assistant City Attorney • RESOLUTION NO. 9965 (2008 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 (CAO); and WHEREAS, by Resolution No. 9665 (2005 Series) the City Council established compensation for CAO, Ken Hampian; and WHEREAS, the City Council conducted a performance evaluation on March 13, 2008, 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 3, 2008, the CAO's salary shall be increased by 6 %. SECTION 2. All other compensation and benefits afforded the CAO under Management Compensation Resolution No. 9892 (2007 Series) and the CAO 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 CAO annually. On motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None Resolution No. 9965 (2008 Series) Page 2 The foregoing Resolution was adopted this 1st day of April 2008. Mayor David F. Romero ATTEST: 4 Audrey Hooper' City Clerk APPROVED AS TO FORM: O O RESOLUTION NO. 9964 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING THE CONTRIBUTING PROPERTIES LIST. WHEREAS, the City Council adopted Resolution No. 5197 (1983 Series) which established the "Master List of Historic Resources" and "Contributing Properties List" (collectively referred to as "Historic Resources "), along with procedures for adding properties to those lists; and WHEREAS, on January 28, 2008, in accordance with such procedures, the Cultural Heritage Committee held a public hearing to consider updating the Contributing Properties List due to changes in the status of properties' historical and/or architectural significance or their street addresses; and WHEREAS, at the said meeting the Cultural Heritage Committee reviewed the historical documentation for the following properties and recommended that the City Council remove these properties from the Contributing Properties List of Historic Resources: • 1153 Buchon Street; • 585, 595 Dana Street; • 969 Islay Street; • 1228 Mill Street; • 680 Monterey Street; • 970,972 Nipomo Street; • 1419, 1423 Osos Street; • 1249, 1302 -06, 1334, 1352, 1365 Palm Street; • 533, 1020, 1028, 1036 Pismo Street; and. WHEREAS, at said meeting, the Cultural Heritage Committee also reviewed the historical documentation for the property located at 1022 Church Street, and recommended that the City Council includes this address on the Contributing Properties List of Historic Resources; and WHEREAS, at said meeting, the Cultural Heritage Committee also reviewed the historical documentation for the property located at 1018 Islay Street, and recommended that the City Council replace the property's address with 1022 Islay Street; and WHEREAS, this City Council considered the Cultural Heritage Committee's recommendations at a properly noticed and advertised public hearing on April 1, 2008, in accordance with the historic preservation guidelines established by City Council Resolution No. 6157 (1987 Series). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis as follows: SECTION 1. Removal of Properties from the Contributing Properties List. The following properties do not contribute to the historic and architectural character of the City or meet the criteria Resolution No. 9964 (2008 Series) Page 2 for inclusion on the Contributing Properties List and are hereby removed from the Contributing Properties List: • 1153 Buchon Street; • 585, 595 Dana Street; • 969 Islay Street; • 1228 Mill Street; • 680 Monterey Street; • 970, 972 Nipomo Street; C 1419, 1423 Osos Street; • 1249, 1302 -06, 1334, 1352, 1365 Palm Street; • 533, 1020, 1028, 1036 Pismo Street. SECTION 2. Addition to Contributing Properties List. The property located at 1022 Church is already part of a contributing historic structure and contributes to the historic and architectural character of the Railroad Historic District and is hereby included on the Contributing Properties List. SECTION 3. Replace Address of a Property on the Contributing Properties List. The address for the property listed as 1018 Islay has been retired and replaced with 1022 Islay. The property located at 1022 Islay has been found to contribute to the historic and architectural character of the City and shall replace the property's previous listing as 1018 Islay Street. SECTION 4. Environmental Determination. The City Council hereby determines that this action is not a "project" as defined in Article 20 of the California Environmental Quality Act (CEQA) since it does not have the potential for resulting in a physical change in the environment, and therefore, is not subject to environmental review requirements. SECTION 5. Publish Revised Contributing Properties List. The Community Development Director is hereby directed to amend the Contributing Properties List to include the above listed changes and to publish revised historic resource listings for public distribution. SECTION 6. Recording of Historic Properties. The City Clerk is hereby directed to record the changes to the properties' historic designation with the County Recorder, pursuant to State Law. On motion of Vice Mayor Brown, seconded by Council Member Mulholland and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None Resolution No. 9964 (2008 Series) • Page 3 The foregoing resolution was passed and adopted this 1st day of April, 2008. Mayor David F. Romero ATTEST: Audrey Ho o r City Clerk AS TO FORM: 16nathan P. Lowell City Attorney C J, RESOLUTION NO. 9963 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1160 MARSH STREET, IN SAN LUIS OBISPO. WHEREAS, the City Council of the City of San Luis Obispo is authorized by California Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, the City Council has adopted Resolution No. 9136 (2000 Series), establishing the Mills Act Historic Property Tax Incentive Program as an on -going historic preservation program to promote the preservation, maintenance and rehabilitation of historic resources through financial incentives; and WHEREAS, the owners possess fee title in and to that certain qualified real property, together with associated structures and improvements thereon, located on Assessor's Parcel Number 002 - 437 -026, located at 1160 Marsh Street, San Luis Obispo, California 93401, also described as Stover's Sanitarium, (hereinafter referred to as the "historic property "); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character- defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seq. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves the attached historic preservation agreement between the City of San Luis Obispo and the owners, Attachment 1. SECTION 2. Mayor Authorized to Sign Agreement for City. The City Council hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis Obispo. I GGT3 O Resolution No. 9963 (2008 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is exempt from environmental review. SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in the Office of the County Recorder of the County of San Luis Obispo. Upon motion of Vice Mayor Brown, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this ls` day of April 2008. Mayor David F. Romero ATTEST: Audrey oper City Cler AS TO Jonathan P. Lowell City Attorney o. o HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1160 MARSH STREET (APN 002 - 437 -026), IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this e day of , 2008, by and between the City of San Luis Obispo, a municipal corporation (hereinafter refetYed to as the "City"), and RKE Properties 11 A LTD (hereinafter referred to as "Owners "), and collectively referred to as RKE Properties H , a California Limited Partnership,the "parties." Section 1. Description of Preservation Measures. The owners; their heirs or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance and improvements measures described in "Exhibit A'', attached hereto. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation, and shall remain in effect for an initial term of ten (10) years thereafter. Each year upon the anniversary of the agreement's effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 3, below. Section 3. Agreement Renewal and Non - renewal. A. Each year on the anniversary of the effective date of this agreemeni (hereinafter referred to as "annual renewal date "), a year shall automatically be added to the initial term of this agreement unless written notice of nonrenewal is served as provided herein. B. If the Owner or the City desires in any year not to renew the agreement, the Owner or the .City shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the agreement as provided herein. C. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date, withdraw its notice to the Owner of nonrenewal. D. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the agreement shall remain in effect for the balance of the term then remaining. Section 4. Standards and Conditions. During the term of this agreement, the historic property shall be subject to the following conditions: A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, including: the building's general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building's historic a character or significance; exterior materials, coatings, textures, details; mass, roof line, and other aspects of the appearance of the building's exterior, as described in Exhibit B, to the satisfaction of the Community Development Director or his designee. B. If the building's interior closely relates to the property's eligibility as a qualified historic property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval of the Community Development Director or his designee. C. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character - defining architectural features to the greatest extent possible. D. The Community Development Director shall be notified by the Owner of changes to character_ defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, of other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and/or permits prior to changing the building's use or commencing construction work. E. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as descri bed in Exhibit. F. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way-, or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 1/2% of the full value of the property at the time of cancellation without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, under the provisions to cancel the agreement by the Owner, the City shall give written notice of violation to the Owner by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner); then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the owners, or apply for such relief as may be appropriate. B. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under. C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 1160 Marsh Street, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively be held to have been executed, delivered, and accepted subject to the covenants, reservations; and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. To City- Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 To Owners: RKE Properties H A LTD Robin Rossi 750 Pismo Street San Luis Obispo, CA 93401 Section 10. General Provisions. A. None of the terms, provisions, or conditions of this agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. B. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage, or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been cause by, reason of the Owner's activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents or employees. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whither or not the City prepared, supplied, or approved the plans, specifications or other documents for the historic property.. D. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, .assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. E. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. F. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. G. This agreement shall be construed and governed in accordance with the laws of the State of California. Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner; however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the city and owners have executed this agreement on the day and year written above. CITY OF SAN LUIS OBISPO Mayor David F. Romero City A ney Jonathan P. Lowell ta'y�o 1NC, Rossi Vk rztrSI 1Mt it - 400 Date Date JSAS /? :s T Date State of California } County of San Luis Obispo } /� ,) ne� On it 3 ,god before me, ���-i 1- 1 a.rt.son AJo Le, Date/ Name and Title of the officer personally appeared, who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ignature ��S Signature o � o ic Capacity claimed by signer: Political Agency LAURIE L. MANWN COMMIss" 1 17911/111 Momw Public - Co11ftmic Ban Lute Obispo County carne Fmbl 2 iZ Place Notary Seal Above EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1160 MARSH STREET, SAN LUIS OBISPO, CALIFORNIA. 1. Owner shall preserve, maintain, and repair the historic building, including its character - defining architectural features in good condition, to the satisfaction of the Community Development Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property located at 1160 Marsh Street. Character- defining features shall include, but are not limited to: roof and associated elements, eaves, dormers, trim, walls and siding, architectural detailing, doors and windows, window screens and shutters, balustrades and railings, foundations, and surface treatments. 2. Owner agrees to make the following improvements and/or repairs during the term of this contract, but in no case later than February, 2018 or ten (10) years from the contract date, which ever comes first. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for the Treatment of Historic Properties: A. Seismic Retrofit. B. Removal of lead paint and asbestos. C. Replacement of building infrastructure. D. Repair and renovate existing double -hung windows. E. Restoration of original architectural design details F. Replace existing 3 floor landing and staircase. G. Replace 2 "d floor balcony on rear of building H. Remove rear courtyard walkway cover. 1'1�stb�r% Date Date Date State of California } County of San Luis Obispo } On & 200 , before ate personally appeared, who 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. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature 11,,,, 2)�� Signature OT Notary Public Capacity claimed by signer: Political Agency LAURIE L. MANSON Commission s 1791105 Notary PW34c - Cautonda UM LUIS Obm" County mm.e refit 2M2� Place Notary Seal Above 0 to RESOLUTION NO. 9961 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING AGREEMENTS, RELEASING SECURITIES, AND REFUNDING FEES IN CONJUNCTION WITH TRACT 2134 (953 ORCUTT ROAD) WHEREAS, a final map for Tract 2134 was approved by the City Council by its Resolution No. 9026 (2000 Series); and WHEREAS, certain agreements were approved in conjunction with the final map for Tract 2134; and WHEREAS, fees and bonds were collected in conjunction with the final map for Tract 2134; and WHEREAS, a final map for Tract 2707 was approved by the City Council by its Resolution No. 9928 (2007 Series); and WHEREAS, the Tract 2707 final map supersedes the Tract 2134 final map; and WHEREAS, the open space area dedicated with Tract 2707 replaces and substantially increases the open space area dedicated with Tract 2134; and WHEREAS, the Open Space Agreement for Tract 2134 will be replaced with an Open Space Agreement for Tract 2707; and WHEREAS, a Notice of Requirements recorded with the Tract 2134 final map is no longer applicable; and WHEREAS, the Subdivision Agreement associated with Tract 2134 is no longer applicable; and WHEREAS, construction inspection fees were collected with the Tract 2134 final map, but construction never commenced, and WHEREAS, a pavement overlay fee was collected with the Tract 2134 final map, but is no longer applicable. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AS FOLLOWS: 1. The Open Space Easement Agreement recorded March 28, 2000, as Document No. 2000- 016010 in the Official Records of the County Recorder of San Luis Obispo County, is hereby rescinded. 2. The Notice of Requirements recorded March 28, 2000, as Document No. 2000- 016009 in the Official Records of the County Recorder of San Luis Obispo County, is hereby rescinded. R9961 Resolution No. 9961 (2008 Series) Page 2 3. The Subdivision Agreement for Tract 2134, Unit 1 is rescinded and the developer is hereby released of his obligations. 4. The remaining bonds being held by the City to guarantee completion of Tract 2134 may be released at this time. 5. The inspection fee of $35,332 and pavement overlay fee of $14,310 may be refunded at this time. 6. City staff is authorized to take action necessary to carry out the intent of this resolution. Upon motion of Council Member Carter, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 18`s day of March 2008. Loa, � !� Mayor David F. Romero ATTEST: Audrey Oooper City Cler APPROVED AS TO FORM: onath Lowell i y Attorney • o RESOLUTION NO. 9962 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2865 (1043 ELLA STREET) WHEREAS, the City Council made certain findings concerning the vesting tentative map for Tract 2865, as prescribed in Resolution No. 9876 (2007 Series); and WHEREAS, the subdivider has submitted surety bonds to guarantee installation of the required subdivision improvements as shown on the approved plans, and all fees have been received, as prescribed in the subdivision agreement; and WHEREAS, all conditions required per said Resolution No. 9876 (2007 Series) will be met prior to or concurrent with final recordation of the map. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. That the final map for Tract No. 2865, as shown on the attached Exhibit "A" is found to be in substantial compliance with the tentative map, and 2. The subdivision agreement for Tract No. 2865 as shown on the attached Exhibit `B" is hereby approved, and 3. Approval of the final map is hereby granted. Upon motion of Council Member Carter, seconded by Council member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None Resolution No. 9962 (2008 Series) O Page 2 The foregoing resolution was passed and adopted this 18`h day of March 2008. Mayor David F. Romero ATTEST: 9C&-42, Audrey Hoop City Clerk APPROVED AS TO FORM: an P. 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Al �9- E� 00 IS13HO" \ ow z2 Zz I G� a ,�'\j w al g.15NZN � (;y z �� 1S A3ZVMS 1 W / C UJW U W \eS ros I �/ � c❑ C Exhibit "B" SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of 200_ by and between Adelaida Properties L.P., a California limited partnership, 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 Cali[Ornia, a description of which is shown on the Final Map of Tract 2865, City of San Luis Obispo, California, as approved by the City Council on the day of , 200_ The Subdivider desires that said Tract No. 2865 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improi ements in accordance with said subdidsion 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 SERVICES and SEWER LATERALS 4. LANDSCAPING O 5. DRAINAGE STRUCTURES Exhibit "B" 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 twelve (12) months of said recwrding 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. • 0 Exhibit "B" 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 corners and retracement of section lines within the Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $ 52,987.00 which is the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the onprovements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66999.7 and 66499.9 of the Government Code of the State of Califomiia, upon final completion and acceptance of the work, City will release *but 10% of fie improvement securty, 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 haveoccurred 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. Exhlibit 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 ($ 26,493) in accordance with State law . Said Subdivider has paid an inspection fee of $10,427 for City to inspectthe 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," ab 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 thg•§ubdivider 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. j Pursuant to Government Code Section 66474J(b), the subdivider shall defend, indemnify and hold harmless the City and /or its agent, officers and employees from any claim, action or proceeding against the City and /(ff its agents, officers or employees J !�C,Ii6 " "eF' to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall. bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO SUBDIVIDER Adelaida Properties, L.P., a California limited Partne i MAYOR David F. Romero Brian Rolph, ManagirVPartner ATTEST: CITY CLERK Audrey Hooper APPROVED AS TO FORM:,, , CITY ATTORNEY Jonathan P. Lowell C; i3 fix 11f EXHIBIT I TRACT 2865 SUBDIVISION AGREEMENT A monumentatipn guarantee is not required for this subdivision since all monuments were existing prior to final map recordation. The Subdivider agrees to replace any monuments disturbed during construction 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 and City ordinances. 2. Park -in -lieu fees are not required for this subdivision, since this is a condominium conversion and no additional residential units are created with this subdivision. 3. Water and sewer impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 4. Transportation impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 5. The subdivider shall comply with all requirements of Council Resolution 9876 (2007 Series) approving the tentative map. 0 0 Exhibit ' El EXHIBIT 2 TRACT 2865 - FEE AND BOND LIST Amount Form Date Received Bonds and Guarantees: Total Faithful Performance $52,987 Letter of Credit 02/27/08 Labor & Materials (50% of total cost of improvements $26,493 Letter of Credit 020-7/08 Monument Guarantee N/A Fees: Map Check Fee $4,257 Check 07/23/07 Plan Check Fee $1,476 Check 02/06/08 Improvement Plan Inspection $10,427 Check 02/06/08 Park In -Lieu Fee' N/A Affordable Housing Requirements by Separate Agreement Water Impact Fee With building permit Wastewater Impact Fee' With building permit Transportation Impact Fee' With building permit 1 All Impact Fees are adjusted annually (July 1) based on CPI. Credit given for demolished units. • o RESOLUTION NO. 9960 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING PARKING IN-LIEU FEES WHEREAS, Chapter 4.30 of the San Luis Obispo Municipal Code provides for the option of paying a fee to the City in -lieu of providing parking spaces in the Parking In -Lieu Area and provides for setting fees by resolution; and WHEREAS, the Council has considered the staff analysis regarding an increase of this fee and the recommendations of the Downtown Association; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the parking in -lieu fee for the Parking In -Lieu Area shall be amended as follows: 1. New Construction. The parking in -lieu fee shall be $16,400 ($8,200 for Community Partners) per vehicle space not otherwise provided and as required by the zoning regulations for new construction. 2. Additions to Existing Buildings. The parking in -lieu fee shall be $16,400 ($8,200 for Community Partners) per vehicle space not otherwise provided and as required by the zoning regulations for an addition. 3. Change in Occupancy Requiring Additional Parking Spaces. The parking in- lieu fee shall be $4,100 ($2,050 for Community Partners) per vehicle space not otherwise provided and as required by the zoning regulations for a change in occupancy. The number of spaces required by the change in occupancy shall be the difference between the number required by the new use and the number required by the previous occupancy. 4. Annual Adjustment. The parking in -lieu fees set forth above shall be adjusted annually on July 1 of each year by the annual percentage change in the U.S. Bureau of Labor Statistics (or successor agency) consumer price index for all urban consumers (CPI -U) all- cities average for the prior calendar year. Upon motion of Vice Mayor Brown, seconded by Council Member Carter, and on the following vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None G Resolution No. 9960 (2008 Series) Page 2 The foregoing resolution was adopted this 19`h day of February 2008. Mayor David F. Romero ATTEST: Audrey Ho r City Clerk APPROVED AS TO FORM: r 1 Jo athan P. Lowell City tor C 0 RESOLUTION NO. 9959 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT FOR JOINT USE OF FACILITIES AND THE PROVISION OF PROGRAMS WHEREAS, the City of San Luis Obispo and San Luis Coastal Unified School District have unmet facilities needs; and WHEREAS, each agency has facilities that the other agency needs to provide comprehensive services and programs; and WHEREAS, there is a history of joint use of facilities and cooperation between the agencies dating back to 1952; and WHEREAS, the City has developed recreation facilities on District land; and WHEREAS, this agreement provides activities to the public served by both agencies; and WHEREAS, this agreement allows the City to provide certain recreation services in a cost effective manner. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that it approves, and authorizes the Mayor on behalf of the City of San Luis Obispo, to enter into the Joint Use Agreement for the Joint Use of Facilities and Provision of Programs, attached to this Resolution as Exhibit A. Upon motion of Council Member Carter, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None R 9959 C> O Resolution No. 9959 (2008 Series) Page 2 The foregoing resolution was adopted this 19`h day of February 2008. Mayor David F. Romero ATTEST: Audrey Ho r City Clerk UWaTOLOPIM4 IKi7001:W5R Jonathl,kn P. ell City Attorney Joint Use Agreement Between the City of San Luis Obispo and the San Luis Coastal Unified School District for the Joint Use of Facilities and the Provision of Programs This Joint Use Agreement herein referred to as "Agreement' is made,this �— day of 7j , , 2008, between the City of San Luis Obispo (City) and the San Luis Coastal Unified School of D ict (District). This Agreement supercedes any existing agreements between the City and the District pertaining to joint use of facilities. I. Authority 1.1 The City and District are authorized under the authority of California Government Code Section 6500 et seq., to provide any services jointly for which each may be individually responsible. Under such authority, the parties to the Agreement may designate any one of the parties as the agency to administer the program and exercise such powers as may be therein specified. 1.2 The District and City are authorized under California Education Code Section 10900, et seq., to promote and preserve the health and general welfare of the people of the State of California by providing adequate programs for community recreation. The District and City are further authorized to organize, promote, and conduct programs of community recreation as will contribute to the attainment of general educational and recreational objectives for children and adults of the State. H. Purpose 2.1 The District has previously made property available to the City on which recreational facilities have been developed. A number of agreements have previously governed these transactions. It is in the best interest of the agencies to consolidate these agreements into a single Joint Use Agreement. 2.2 The City has a continuing need for additional recreational facilities, specifically sports fields, playgrounds, gymnasiums, classrooms, and multipurpose rooms, which can be partially met using District facilities when not being used for District purposes. 2.3 The District has a continuing need for athletic facilities, specifically a baseball stadium, tennis courts, and a swim center, not available on District school sites, which can be met using City facilities when not being used for City purposes. 2.4 By policy of the Board of Education, the District has designated one room at each elementary school as being available for childcare services. 2.5 The City is committed to providing quality, affordable, and available childcare to City residents. a .. Joint Use Agreement O Page 2of8 I11. Length of the Agreement and Provisions to Amend 3.1 This Agreement shall remain in effect for a period of five (5) years, except that the tenure and method of termination of the agreement with respect to those facilities specified in section 3. 1.1 below shall be as specifically set forth in that section. 3.1.1 In consideration of the fact that certain lease term requirements are associated with an application for a state or federal grant that may be requested for development of Sinsheimer Park, both parties hereto agree to keep in operation for a period of twenty -five (25) years from the date of acceptance of the Grant Project any recreational facility within Sinsheimer Park on which state or federal grant or bond monies were expended. Those Grant Project facilities currently intended to be subject to the provisions of this section are as follows: 1. Addition of a Children's /Therapy Pool located at the Sinsheimer Swim center facility located at 900 Southwood Avenue, funded through a State Department of Parks and Recreation Per Capita Grant Program under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002. This Agreement may be terminated only by mutual agreement of the parties. In the event that the District initiates action mutually to terminate this agreement and District elects to retain any City constructed improvements, District shall reimburse City for sums, if any, required by the terms of any grant to be repaid to the State or other grantor. Further, the District shall reimburse City for improvements placed on said site by City in an amount equal to the fair market value of said improvements as of the date this cancellation is to be effective, and title thereto shall vest in District without the necessity of a formal documentation of transfer effective on said date. In the event the parties cannot agree upon the fair market value of the improvements such market value will be determined by an independent real estate appraiser appointed by and agreeable to District and City. The expenses of such appraisal shall be borne equally by both parties. In the event the parties shall not agree upon the appointment of said appraiser, the parties shall petition the Presiding Judge of the Superior Court for the State of California, County of San Luis Obispo, to appoint the appraiser. In the event the City initiates action to mutually terminate this agreement, all improvements and personal property placed on said site shall vest in District without further obligation of payment or reimbursement to City or any grantor and without the necessity of formal documentation of transfer, effective on the date of termination. Should District not desire such improverents and properties, District shall so notify City in writing and thereupon City shall remove said improvements and properties within a reasonable period of time, as mutually agreed but not to exceed 18 months, return the sites to their original condition insofar as possible. In the event of such City initiated mutual termination, or any mutual termination under which the District does not elect to retain any City constructed improvements, City shall be responsible for repayment of sums, if any, required by the terms of any grant to be repaid to the State or other grantor. o Joint Use Agreement Page 3 of 8 3.2 This Agreement may be extended annually for an additional year by mutual agreement of both parties to the Agreement. 3.3. This Agreement may be amended annually by mutual agreement of both parties to the Agreement. 3.4. Representatives from both agencies agree to meet between May 1 and May 31 annually, to discuss the state of the Agreement. City staff shall be responsible for facilitating that meeting. 3.5. Either party may terminate this Agreement at any time upon giving the other party thirty (30) days written notice by certified mail. In the event that the District wishes to cancel this Agreement to reacquire the Throop Park and Sinsheimer Park sites, the District agrees to compensate the City for the cost of the site improvements, based upon their current replacement values. IV. Joint Use Facilities Identified on the map listed as Exhibit A to this Agreement 4.1 Athletic Fields: Bishop's Peak/Teach, Hawthorne, Los Ranchos, Pacheco, Sinsheimer and C.L. Smith elementary schools, Taylor Field, Laguna Middle School, and Silvera Field. 4.2 Elementary school multipurpose rooms - gymnasiums: Hawthorne, Los Ranchos, Sinsheimer, C.L. Smith and Pacheco elementary schools. 4.3 Sinsheimer Park: Baseball Stadium, Stockton Field, swim center, Maino batting cages and tennis courts. 4.4 Gymnasiums: Laguna Middle School gym and annex, San Luis Obispo High School small gymnasium, and Taylor Gymnasium. 4.5 Childcare rooms: Bishop's PealJTeach, Hawthorne, Pacheco, Sinsheimer, C.L. Smith elementary schools. 4.6 Throop Park. V. Manner of Operation of the Agreement 5.1 The City shall have second priority use of the District's Joint Use Facilities, after District programs. The District shall have second priority use of City Joint Use Facilities, after City programs. 5.2 Each agency shall submit to the other a schedule of facility needs by June 1 of each year, covering a 12 -month period beginning the following July 1. Requests received after June 1 will be accepted on a space - available basis. o Joint Use Agreement Page 4 of 8 5.3 Both agencies reserve the right to change the approved facility use schedule for their own program needs. The agencies agree to make a good faith effort to alter the schedule as little as possible and to promptly notify the other of changes. 5.4 The agencies agree to designate and make known a single point of contact individual to be responsible for facility scheduling. 5.5 The District shall use the athletic facilities in Sinsheimer Park, specifically the baseball stadium, tennis courts, swim center, and Throop Park, without a charge for maintenance, repair, or utilities. This is in consideration of the District making the land available on which these facilities are constructed. The District shall assume the cost and responsibility for staffing District activities in these facilities to the satisfaction of the City. 5.6 The City will pay the costs of utilities, maintenance, clean-up, and repair for the use of District facilities. When it is necessary for the District to provide staff to open, supervise, and close facilities, the City will pay those costs. Those costs can be avoided by the City in certain instances by providing staff to open, supervise, and close facilities to the satisfaction of the District. The District will determine when this action is appropriate. Any additional expense, such as keys, will be the responsibility of the City. 5.7 The costs of utilities, maintenance, and repair will be agreed upon annually by both parties. 5.8 The District or City may, upon advance request, grant approval of exchange use of mechanical equipment required for grounds maintenance. 5.9 Additional exchanges of services may be made in lieu of fees as a part of this Agreement, if they are mutually agreed to by the parties. 5.10 The City has supplied a portable athletic floor for use in Taylor Gym. It will remain in place as long as the District's use of the facility allows the City a reasonable amount of use of the facility. 5.11 The City will consult with the District before making any "improvements to Sinsheimer Park or Throop Park. 5.12 The City will develop, maintain and repair Sinsheimer Park. 5.13 The City will develop, maintain and repair Throop Park. 5.14 In the event that it is mutually agreeable that the City offer programs previously offered by the District or generally offered by school districts, there shall not be a fee to the City for the use of facilities needed for the program. Joint Use Agreement Page 5of8V 5.15 Prior to May 1 of each year, the City Aquatic Supervisor will convene a scheduling meeting for the next school year that will include representatives of the San Luis Obispo High School Aquatic Teams and the San Luis Obispo Sea Hawks Swim Club. The Aquatic Teams and Swim Club acknowledge that they are mutual benefit organizations, with the success of either dependent upon the success of both. As such, they agree to cooperate in establishing a swim schedule that focuses on best meeting the needs of the participants in the two programs. In the unlikely event of an impasse, the Aquatic Supervisor will make the final decision on the swim schedule. VI. Program Agreements 6.1 The City is designated to be a provider of childcare services at all elementary school campuses of the District within City limits. 6.2 The City agrees to operate quality affordable childcare programs on each elementary school campus within the District where appropriate. 6.3 Students Taking Active Responsibility (STAR) is acknowledged as an intervention program mutually founded by the City and the District. The City agrees to operate the STAR program at all District elementary school campuses where it is deemed feasible. The District agrees to support the educational component of the program. STAR is considered a second priority program, to be allocated space after school needs have been met. 6.4 The City may offer other recreation programs on District sites, as a second priority user, and paying the appropriate use fees. This may include programs for preschoolers, adults, and senior citizens. 6.5. The District recognizes that the City of San Luis Obispo Youth Sports Association (YSA) includes many of the youth sports organizations within the City and provides opportunities for all youth of the area. Therefore, the District has agreed to accept $30,000 of approved in -lieu field projects annually in full settlement of that year's field use by any YSA member organization. In June of each year, YSA shall provide to the District an up -to -date list of all YSA member spurts organizations. 6.6. Recreation operates several after - school programs at Laguna Middle School at no charge to the participant for the benefit of District students and the school's athletic program. The District agrees to waive the facility use fees for these programs: • Program X (daily after- school enrichment program) • Intramural Basketball (fall) • Boys Volleyball (spring) • Cross Country Track (fall) 0 Golf (spring) • Girls Volleyball (fall) • Track and Field (spring) Joint Use Agreement C Page 6of8 VII. Liability and Indemnification 7.1 The City agrees to defend, indemnify, protect and hold the District and its agents, officers, and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the City's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of City, and its agents, officers or employees, arising out of this Joint Use Agreement; provided, however, that the City's duty to indemnify and hold harmless shall not include any claims or liability arising; from the established sole negligence or willful misconduct of the District, its agents, officers or employees. 7.2 • The District agrees to defend, indemnify, protect and hold the City and its agents, officers and employees harmless from and against any and all claims asserted or liability established for damages or injuries to any person or property, including injury to the District's employees, agents or officers which arise from or are connected with or are caused or claimed to be caused by the acts or omissions of the District, and its agents, officers or employees, arising out of this Joint Use Agreement; provided, however, that the District's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or willful misconduct of the City, its agents, officers or employees. 7.3 Each party to this Agreement shall make the other party an additional insured on its public liability and property damage insurance for the purpose of this Joint Use Agreement. VIII. Electronic Key System 8.1. Installation At the request of City, District has installed an electronic key system for Recreation's access to the following six gymnasiums: • Hawthorne Elementary • Los Ranchos Elementary School • Pacheco Elementary School • Sinsheimer Elementary School • C.L. Smith Elementary School • San Luis Obispo High School Taylor Gym 8.2. Keys - The District has issued Recreation one electronic key for each of the above gymnasiums to allow Recreation unassisted access to these District facilities to offer Recreation programs as outlined in the Agreement. To ensure the security of the facilities, no additional keys will be provided. 8.3. Lost Keys - In the event Recreation loses an electronic key, at the discretion of the District, the facility may be rekeyed at a cost to Recreation of 5,250 per site. The loss of keys by Recreation may result in revocation of electronic key privileges at that particular site. This charge is in addition to the annual use fee. Joint Use Ageement • Pape 7 of 8 8.4. Facility Use Permit - It is agreed the electronic keys will only be used when Recreation has an approved Facility Use Permit to utilize the particular District facility. 8.5. City Coverage - For facilities equipped with the electronic key system, District will not provide personnel coverage for Recreation's activities at times when staff is not already scheduled to be at the facility. Recreation is required to and will provide continual staff coverage of all Recreation's events at these facilities to ensure safety for participants and prevent damage to District property. 8.6. Custodial Services - District will provide custodial staff to clean gymnasiums after use by Recreation at no additional cost when District personnel are scheduled to be at the facility. 8.7. Open/Secure Facility - Recreation will be billed a minimum of two hours custodial impact chargcs on any occasion District staff is required to open/secure a facility equipped with an electronic key system. If a gymnasium is found unsecured by District staff after scheduled use by Recreation, District may revoke the electronic key privileges at that particular site. This charge is in addition to the annual use fee. 8.8. Battery Replacement - Recreation is responsible to replace batteries in electronic keys as soon as key starts "beeping" indicating low battery power. Should a battery completely run down and require reprogramming by District, Recreation will be charged $50 per battery. This charge is in addition to the annual use fee. 8.9. Use by Others Prohibited - Recreation has responsibility for all electronic keys at all times and rmy not allow any other individual or agency to use the electronic keys issued to Recreation. Failure to comply with this stipulation may result in revocation of all electronic key privileges byDistrict. IX. Annual Use Fee from City 9.1. District agrees to charge City an annual fee ($91,960 in 2007 -2008) for all City's use of District facilities in that year. Thereafter, the fee will be reviewed on an annual basis to determine level of usage. Should Usage level vary significantly (+/ -10 %) from prior year, the annual fee will be renegotiated accordingly; otherwise, the fee will be adjusted annually in accordance with the Consumer Price Index (CPI -U all Urban Consumers Los Angeles- Riverside- Orange County 1982 -84 =100). District will invoice City at the beginning of each year; the City will make quarterly payments from that invoice. X. Park Ranger Service 10.1 City offers to District park ranger patrol services for school athletic fields within the San Luis Obispo City limits at a cost of $25.75 per hour to be adjusted annually in the manner described in section 9.1 of this Agreement, and $.505 cents per mile, to be adjusted quarterly. The level ofservice required by the District will be negotiated on an annual basis. City estimates cost at S400 @S320 staff, S80 mileage) per week when fields are closed and 5200 (S 160 staff, $40 mileage) perweek when fields are available for use. 0 0 Joint Use Agreement Page 8 of 8 XI. Authority 11.1. AUTHORITY TO EXECUTE AGREEMENT. Both City and District do covenant that each individual executing this Agreetmnt on behalf of each party is a person duly authorized and empowered to execute agreements forsuch party. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and'year first above written. ATTEST: CITY OF SAN LUIS OBISPO A Municipal Corporation By: City Cler Audrey Hooper Mayor, David F. Romero APPROVED AS TO FORM: SAN LUIS COASTAL UNIFIED SCHOOL DISTRICT ;City Attorney, Jonathan P. Lowell Assistant Superintendent, Business Services, Russell Miller N EXHIBIT A 71C Los Ranchos Elament4 rpose rooms C 0 0 RESOLUTION NO. 9958 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SUBMISSION OF THE APPLICATION TO THE CALIFORNIA INFRASTRUCTURE AND ECONOMIC DEVELOPMENT BANK FOR FINANCING OF TANK FARM GRAVITY SEWER AND LIFT STATION, DECLARATION OF OFFICIAL INTENT TO REIMBURSE CERTAIN EXPENDITURES FROM PROCEEDS OF OBLIGATION, AND APPROVING CERTAIN OTHER MATTERS IN CONNECTION THEREWITH WHEREAS, the California Infrastructure and Economic Development Bank ( "I- Bank ") administers a financing program to assist local governments with the financing of Public Development Facilities as described in Section 63000 et seq. of the California Government Code (the "Act "); and WHEREAS, the I -Bank has instituted an application process for financing under its Infrastructure State Revolving Fund Program ( "ISRF Program "); and WHEREAS, the City of San Luis Obispo ( "Applicant') desires to submit an application ( "Financing Application') to the I -Bank from the ISRF Program for the financing of the Tank Farm Gravity Sewer and Lift Station ( "Project') in an amount not to exceed $10,000,000; and WHEREAS, the Act requires the Applicant to certify by resolution certain findings prior to a Project being selected for financing by the I -Bank; and WHEREAS, the Applicant expects to pay certain expenditures (the "Reimbursement Expenditures ") in connection with the Project prior to incurring indebtedness for the purpose of financing costs associated with the Project on a long -term basis; and WHEREAS, the Applicant reasonably expects that a financing arrangement ( "Obligation') in an amount not expected to exceed $10,000,000 will be entered into and that certain of the proceeds of such Obligation will be used to reimburse the Reimbursement Expenditures; and WHEREAS, the ISRF Program requires funding sources, other than the I -Bank financing, be identified and approved prior to Project financing approval by the I -Bank Board. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City of San Luis Obispo hereby approves the filing of an ISRF Program Financing Application with the I -Bank for the Project; and in connection therewith certifies: a. that the Project is consistent with the General Plan of both the City of San Luis Obispo and the County of San Luis Obispo; b. the proposed financing is appropriate for the Project, 0 0 Resolution No. 9958 (2008 Series) Page 2 c. the Project facilitates effective and efficient use of existing and future public resources so as to promote both economic development and conservation of natural resources; d. the Project develops and enhances public infrastructure in a manner that will attract, create, and sustain long -term employment opportunities; and e. the Project is consistent with the I -Bank's Criteria, Priorities and Guidelines for the ISRF Program. SECTION 2. The Applicant hereby declares its official intent to use proceeds of the Obligation to reimburse itself for Reimbursement Expenditures. This declaration is made solely for purposes of establishing compliance with the requirements of Section 1.150 -2 of the Treasury Regulations. This declaration does not bind the Applicant to make any expenditure, incur any indebtedness, or proceed with the Project. SECTION 3. All of the Reimbursement Expenditures were made no earlier than 60 days prior to the date of this Declaration. The Applicant will allocate proceeds of the Obligation to pay Reimbursement Expenditures within eighteen (18) months of the later of the date the original expenditure is paid or the date the Project is placed in service or abandoned, but in no event more than three (3) years after the original expenditure is paid. SECTION 4. The total estimated project cost is $13,200,000 and the Applicant commits to funding the remaining $3,200,000 in project costs with other funds. SECTION 5. David C. Hix, Deputy Director of Utilities- Wastewater is hereby authorized and directed to act on behalf of the City of San Luis Obispo in all matters pertaining to this application. SECTION 6. If the application is approved, John Moss, Utilities Director is authorized to enter into and sign the financing documents and any amendments thereto with the I -Bank for the purposes of this financing. SECTION 7. This resolution shall become effective immediately upon adoption. Upon motion of Council Member Carter, seconded by Council Member Settle, and on the following vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None o �o Resolution No. 9958 (2008 Series) Page 3 The foregoing resolution was adopted this 12'h day of February 2008. Mayor David F. Romero ATTEST: Go L, Audrey Ho per City Clerk/ APPROVED AS TO FORM: P. Lowell City Attorney • o RESOLUTION NO. 9957 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING RESOLUTION NO. 8864 (1998 SERIES) ESTABLISHING A PROPERTY TAX EXCHANGE AGREEMENT TO ADDRESS PROPERTY AND SALES TAXES IN THE AIRPORT AREA AND MARGARITA AREA WHEREAS, in the case of a jurisdictional change other than a city incorporation or district formation that will alter the service area or responsibility of a local agency, California Revenue and Taxation Code (CRTC) Section 99 (a)(1) requires that the amount of property tax revenue to be exchanged, if any, and the amount of annual tax increment to be exchanged among the affected local agencies shall be determined by negotiation; and WHEREAS, when a city is involved, the negotiations are conducted between the city council and the board of supervisors of the county; and WHEREAS, the City of San Luis Obispo (City) and the County of San Luis Obispo (County) jointly established a Property Tax Exchange Agreement (Agreement) for LAFCO Applications numbers 53 and 52 and the rest of the unincorporated Airport Area by City Resolution No. 8864 (1998 Series) adopted concurrently by the County of San Luis Obispo Resolution No. 98 -380. This Agreement followed a previously adopted Joint Resolution No. 01 -96, dated April 25, 1996, establishing a countywide policy for property tax exchange upon annexation (County Resolution No. 96 -158, dated April 23, 1996); and WHEREAS, the City and the County recognized there were significant existing sales tax revenues in the unincorporated area at the time of approving the Agreement, and agreed that it would be fiscally responsible to plan for annexations to the City to achieve the planning goals and policies of both agencies for the benefit of the greater San Luis Obispo area; and WHEREAS, the Agreement anticipated the future annexation of the Airport Area by the City and defined the exchange of revenues as follows: (a) No annual property tax increment shall be transferred from the County to the City subsequent to said annexation; and (b) All sales tax accruing from areas within the Airport Area, shall, from the point in time of said annexation, accrue to the City; and (c) All future annexations to the City shall be governed by the existing Countywide Property Tax Exchange Agreement entered into between the City and the County; and WHEREAS, the City ' acknowledges that the County is facing significant fiscal challenges (largely caused by the State of California's growing budget deficit), which have emerged recently; and WHEREAS, the City and County jointly acknowledge that demand for City services from the properties to be annexed will increase over time as area businesses expand and undeveloped properties develop. Both entities therefore acknowledge that a phase -in period of five years for the full transfer of sales tax will be compatible with the parallel growth of City services and this amended agreement will not cause a fiscal hardship for the City; and WHEREAS, the City would like to continue with the collaborative spirit of the existing Agreement and is willing to amend Resolution No. 8864 (1998 Series) in order to create an Amended Agreement that modifies some of the terms of the existing Agreement as it relates to the contemplated annexations of the Airport Area to the City for a limited duration subject to the terms set forth in this R 9957 Resolution No. 9957 (2008 Series) Page 2 Amended Agreement while retaining and abiding by the essential principles of the existing Agreement; and WHEREAS, additional negotiations have taken place concerning this Amended Agreement between the County and the City pursuant to CRTC Section 99(a)(1), for the jurisdictional changes designated as Annexation 77 to the City (Margarita Area) and Annexation 77 to the City (Airport Area); and WHEREAS, CRTC Section 99(b)(6) requires that each local agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated exchange of property tax revenues, if any, and annual tax increment and requires that each local agency transmit a copy of each such resolution to the Executive Officer of the Local Agency Formation Commission ( LAFCO); and WHEREAS, no later than the date on which the certificate of completion of the jurisdictional change is recorded with the County Recorder, the Executive Officer of LAFCO shall notify the County Auditor of the exchange of property tax revenues by transmitting a copy of said resolution to the County Auditor, and the County Auditor shall thereafter make the appropriate adjustments as required by law; and WHEREAS, the negotiating parties of David Edge, County Administrative Officer of the County of San Luis Obispo, and Ken Hampian, City Administrative Officer of the City of San Luis Obispo, have negotiated this amended Agreement between their respective agencies as hereinafter set forth; and WHEREAS, it is in the public interest that such amended negotiated exchange of taxes be consummated. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that it approves an Amended Agreement as follows: 1. Recitals. The recitals set forth above are true, correct, and valid and are incorporated herein by reference. 2. Parties. The parties to this Amended Agreement are the City of San Luis Obispo and the County of San Luis Obispo. 3. Subject Property. The property subject to this Amended Agreement is described more particularly in Exhibit 1 (Airport Area) and Exhibit 2 (Margarita Area) to this Resolution and they are incorporated herein by reference. a. Property Tax Areas. The County will facilitate the establishment of two separate tax rate areas, one for the Margarita Area and one for the Airport Area. b. Phased Annexation of the Airport Area. Exhibit 1 identifies two phases of land proposed for annexation into the Airport Area, identified as Phase IA and Phase 113. Phase IA includes • Resolution No. 9957 (2008 Series) Page 3 approximately 375 acres of various properties comprised of multiple land uses including: industrial, commercial, agriculture, open space, a mobile home park, recreation, and public facilities. Phase 1A of the Airport Area annexation is presently being considered for annexation by LAFCO and is subject to the full term of this agreement. Phase 1B includes approximately 210 acres of various properties comprised of multiple land uses and a water service provider, the Fiero Lane Mutual Water Company. Annexation of all or portions of Phase 1B is expected to be initiated in 2008 and completed in 2009. If the City completes an application to LAFCO for annexation of all or portions of Phase 1B during the term of this Amended Agreement, the agreement terms will apply for the remaining term of this agreement as described in Section 7 below. 4. Term. The term of this Amended Agreement shall be five years from the date of annexation of Subject Property to the City but in no event will it continue past April 1, 2015, when Measure Y expires. 5. Sales Tax Rate. The applicable sales tax rate used for this Amended Agreement shall be the effective County sales tax rate in effect during the term of this Amended Agreement, which is currently one - percent (including State backfill revenues under the revenue sharing plan commonly known as the "Triple Flip. "). If the effective rate changes during the term of this Amended Agreement, the applicable sales tax rate will be the new rate. Accordingly, this Amended Agreement does not apply to the half a percent (half -cent) sales tax that the City collects pursuant to Measure Y which sunsets in 2015. 6. Phased Remittance of Sales Tax. The City will receive all of the one - percent sales tax collected in the Airport Area Phase 1A during the term of this Amended Agreement. The City on a quarterly basis, and within 30 days of receiving sales tax information from its sales tax advisors on sales tax revenues generated from Airport Area Phase 1A will remit to the County a phased portion of the one - percent sales tax collected in this area over the five -year term of this Amended Agreement, beginning at 100% of the one - percent sales tax collected in year one, decreasing by 20% each year, and ending with 20% of the one- percent sales tax collected in year five. At year six and thereafter all of the sales tax will be retained by the City. 7. Additional Airport Area Annexations. Should the City annex additional Airport Area Property during the term of this Amended Agreement, it would also be subject to the same phased remittance of sales tax as described above, with the phasing term beginning with the date of subsequent annexations. 8. Method of Payment. The City will pay the County quarterly and in arrears within 30 days from the time that it has knowledge of the amount of sales tax collected in the Airport Area. 9. Property Tax Allocations. Property tax allocations in this area shall remain unchanged and shall continue pursuant to existing agreements between the City and County. In summary, the County will continue to keep its existing percent allocation of all current and future property tax revenues in the Airport Area; and the County will keep its existing percent allocation of current property tax revenues in the Margarita Area; the County will receive 66% of the future property tax increment and the City 34% of the County's future property tax increment in the Margarita Area. C� Resolution No. 9957 (2008 Series) Page 4 10. Auditor Adjustments. Upon receipt of a certified copy of this Resolution and a copy of the recorded certificate of completion, the County Auditor shall make the appropriate adjustments to property tax revenues and annual tax increments as set forth above. 11. All Other Agreement Terms Remain in Effect The provisions of the Agreement, as set forth in City Resolution No. 8864 (1998 Series) and County Resolution No. 98 -380 shall remain in full force in effect except as specifically modified by the terms of this Amended Agreement. 12. Certified Copy of Amended Agreement. The City Clerk is authorized and directed to transmit a certified copy of this resolution to the Executive Officer of LAFCO, who shall then distribute copies in the manner prescribed by law. On a motion of Vice Mayor Brown, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Carter and Settle, Vice Mayor Brown and Mayor Romero NOES: Council Member Mulholland ABSENT: None The foregoing resolution was adopted this 12`h day of February 2008. Mayor David F. Romero ATTEST: z2zZ& 4'*'a( Audrey Ho er City Clerk Jonat well City Attomey C 0 RESOLUTION NO. 9956 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING EQUIPMENT AS SURPLUS PROPERTY WHEREAS, the City Charter requires that the Council approve the sale or disposal of surplus property with an estimated value greater than $100; and WHEREAS, the Department of Public Works has identified equipment no longer needed by the City.. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Upon its planned replacement, the following item is will no longer needed by the City and is surplus property: One Southbend X360 DD -3GL Commercial Gas Range SECTION 2. Disposal of the property shall be made by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance & Information Technology to be in the best interest of the City. vote: Upon motion of Vice Mayor Brown, seconded by Council Member Settle, and on the following roll call AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 12`s day of February 2008. Mayor David F. Romero ATTEST: a,144 Audrey oper City Cle AS TO Jonathan P. Lowell City Attorney R 9956 RESOLUTION NO. 9955 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING IMPLEMENTATION OF BENCHMARK COMPENSATION STUDY 2007 RECOMMENDATIONS FOR UNREPRESENTED MANAGEMENT AND SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION CLASSIFICATIONS WHEREAS, the City of San Luis Obispo strives to provide excellent service to the community at all times, and supports this standard by promoting organizational values including customer service, productivity, accountability, innovation, initiative, stewardship, and ethics; and WHEREAS, to achieve our service standards, the City must attract and retain highly qualified employees who exemplify our organizational values; and WHEREAS, fostering an environment attractive to such employees depends upon many factors, including a competitive compensation program; WHEREAS, in 1996 the City Council established the Management Pay for Performance System, which has included periodic reviews and updates; and WHEREAS, the City Council is committed to a comprehensive policy that strengthens the recruitment and retention of well - qualified and effective appointed officials, management personnel and San Luis Obispo City Employees' Association ( SLOCEA); and WHEREAS, the Benchmark Compensation Study 2007 has been completed by staff and has been presented and received by Council, the Personnel Board, a representative from the Chamber of Commerce and staff. NOW, THEREFORE BE IT RESOLVED the City Council of the City of San Luis Obispo hereby approves implementation of the recommendations resulting from the Benchmark Compensation Study 2007, as follows: SECTION 1. The salary ranges for specified SLOCEA classifications are adjusted according to the schedule shown in Exhibit "A ", attached and incorporated herein; SECTION 2. The salary ranges for specified Management classifications are adjusted according to the schedule shown in Exhibit `B ", attached and incorporated herein; SECTION 3. The Management Pay- for - Performance System is modified and revised by eliminating the Pay- for - Performance feature providing lump -sum payments for those employees at the top of their salary range and increasing the potential for pay- for - performance increases from 5% to 6% for outstanding performers as shown in Exhibit "C", attached and incorporated herein; MI SGISI Resolution No. 9955 (2008 Series) Page 2 BE IT FURTHER RESOLVED the Council directs staff to return to Council with recommendations for improving the competitiveness of the City's contribution to dependent health insurance for management, confidential, and SLOCEA employees no later than August 2008. Staff is hereby authorized to re -open the SLOCEA memorandum of agreement to discuss potential changes. BE IT FURTHER RESOLVED the Director of Finance and Information Technology shall adjust the appropriate accounts to reflect the compensation changes Upon motion of Council Member Carter, seconded by Vice Mayor Brown, and on the following vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted on January 22, 2008.. Mayor David F. Romero ATTEST: Cup l Audrey Hoop r City Clerk APPROVED AS TO FORM:. Jo than . Lowell City Attorney C Exhibit A cations -Proposed Range Current Current Proposed Proposed Range 131-Weekly Bi- Weekly Bi- Weekly Bi- Weekly Classification Adjustment Current Low Proposed High Low Bi- Weekly High Biologist 4% $ 2,381 $ 2,923 $ 2,476 $ 3,040 Engineer 1 4% $ 1,985 $ 2,437 $ 2,064 $ 2,534 Engineer II 4% $ 2,203 $ 2,704 $ 2,290 $ 2,812 Engineer III 4% $ 2,381 $ 2,923 $ 2,476 $ 3,040 Laboratory Analyst 7% $ 1,493 $ 2,251 $ 1,597 $ 2,407 Wastewater Collections Systems Operator 7% $ 1,310 $ 1,974 $ 1,401 $ 2,111 Water Customer Service Personnel 7% $ 1,310 $ 1,974 $ 1,401 $ 2,111 Water Distribution Systems Operator 7% $ 1,310 $ 1,974 $ 1,401 $ 2,111 Water Reclamation Maintenance Technician 7% $ 1,493 $ 2,251 $ 1,597 $ 2,407 Water Reclamation Operator 7% $ 1,493 $ 2,251 $ 1,597 $ 2,407 Water Supply Operator 7% $ 1,310 $ 1,974 $ 1,401 $ 2,111 Water Treatment Plant Chief Operator 7% $ 1,985 $ 2,437 $ 2,119 $ 2,601 Water Treatment Plant Maintenance Technician 7% $ 1,493 $ 2,251 $ 1,597 $ 2,407 Water Treatment Plant Operator 7% $ 1,493 $ 2,251 $ 1,597 $ 2,407 WRF Chief Maintenance Technician 7% $ 1,885 $ 2,314 $ 2,011 $ 2,470 WRF Chief Operator 7% $ 1,985 $ 2,437 $ 2,119 $ 2,601 - Proposed Range Adjustments Current Current Proposed Proposed Range Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Classification Adjustment Low' High' Low High Biologist 4% $ 2,599 $ 3,191 $ 2,702 $ 3,318 Engineer 1 4% $ 2,167 $ 2,661 $ 2,253 $ 2,766 Engineer 11 4% $ 2,405 $ 2,952 $ 2,500 $ 3,069 Engineer 111 4% $ 2,599 $ 3,191 $ 2,702 $ 3,318 Laboratory Analyst 7% $ 1,677 $ 2,527 $ 1,793 $ 2,703 Wastewater Collections Systems Operator 7% $ 1,471 $ 2,217 $ 1,573 $ 2,371 Water Customer Service Personnel 7% $ 1,471 $ 2,217 $ 1,573 $ 2,371 Water Distribution Systems Operator 7% $ 1,471 $ 2,217 $ 1,573 $ 2,371 Water Reclamation Maintenance Technician 7% $ 1,677 $ 2,527 $ 1,793 $ 2,703 Water Reclamation Operator 7% $ 1,677 $ 2,527 $ 1,793 $ 2,703 Water Supply Operator 7% $ 1,471 $ 2,217 $ 1,573 $ 2,371 Water Treatment Plant Chief Operator 7% $ 2,224 $ 2,731 $ 2,373 $ 2,914 Water Treatment Plant Maintenance Technician 7% $ 1,677 $ .2,527 $ 1,793 $ 2,703 Water Treatment Plant Operator 7% $ 1,677 $ 2,527 $ 1,793 $ 2,703 WRF Chief Maintenance Technician 7% $ 2,112 $ 2,593 $ 2,253 $ 2,766 WRF Chief Operator 7% $ 2,224 $ 2,731 $ 2,373 $ 2,914 • Reflects scheduled MOA Adjustment In July 2008 ) 0 anagement Classifications - Proposed Range Adjustments Exhibit B Current Current Proposed Proposed Range 131-Weekly 131-Weekly Bi- Weekly 131-Weekly Classification Adjustment Low High Low High Accounting Supervisor 1.8% $2,417 $3,022 $2,462 $3,076 Assistant City Administrative Officer 12.0% $4,039 $5,051 $4,524 $5,657 Assistant City Attorney 12.0% $3,194 $3,993 $3,578 $4,471 Chief Building Official 9.8% $2,860 $3,575 $3,142 $3,926 City Administrative Officer 12.0% $5,110 $6,388 $5,722 $7,155 City Attorney 15.0% $4,466 $5,579 $5,135 $6,416 City Clerk 12.0% $3,194 $3,993 $3,577 $4,473 City Traffic Engineer 9.8% $2,860 $3,575 $3,142 $3,926 Construction Engineering Manager - New 14.6% $2,741 $3,425 $3,142 $3,926 Construction Engineering Manager - Old 11.0% $2,564 $3,207 $2,850 $3,561 Deputy Director - Community Development 12.0% $3,194 $3,993 $3,578 $4,471 Deputy Director - Public Works 12.0% $3,194 $3,993 $3,578 $4,471 Deputy Director - Public Works /City Engineer 12.0% $3,355 $4,193 $3,757 $4,695 Deputy Director - Utilities/Wastewater 12.0% $3,194 $3,993 $3,578 $4,471 Deputy Director - Utilities/Water 12.0% $3,194 $3,993 $3,578 $4,471 Director of Community Development 17.4% $3,854 $4,817 $4,524 $5,657 Director of Finance & Information Technology 12.0% $4,039 $5,051 $4,524 $5,657 Director of Human Resources 12.0% $3,648 $4,560 $4,085 $5,108 Director of Parks and Recreation 12.0% $3,648 $4,560 $4,085 $5,108 Director of Public Works 12.0% $4,039 $5,051 $4,524 $5,657 Director of Utilities 17.4% $3,854 $4,817 $4,524 $5,657 Economic Development Manager 9.8% $2,860 $3,575 $3,142 $3,926 Finance Manager 12.0% $3,194 $3,993 $3,578 $4,471 Fire Chief 12.0% $4,039 $5,051 $4,524 $5,657 Fire Marshal 9.8% $2,860 $3,575 $3,142 $3,926 GIS Supervisor 1.8% $2;417 $3,022 $2,462 $3,076 Housing Programs Manager 1.8% $2,417 $3,022 $2,462 $3,076 Human Resources Analyst II 1.8% $2,417 $3,022 $2,462 $3,076 Industrial Waste Coordinator 1.8% $2,417 $3,022 $2,462 $3,076 Information Technology Manager 12.0% $3,194 $3,993 $3,578 $4,471 Laboratory Manager 0.7% $2,564 $3,207 $2,585 $3,230 Natural Resources Manager 9.8% $2,860 $3,575 $3,142 $3,926 Neighborhood Services Manager 0.7% $2,564 $3,207 $2,585 $3,230 Parking Manager 0.7% $2,564 $3,207 $2,585 $3,230 Police Chief 15.0% $4,084 $5,106 $4,697 $5,872 Principal Administrative Analyst 0.7% $2,564 $3,207 $2,585 $3,230 Principal Transportation Planner 0.7% $2,564 $3,207 $2,585 $3,230 Public Works Administrative Services Manager 0.7% $2,564 $3,207 $2,585 $3,230 Recreation Manager 0.7% $2,564 $3,207 $2,585 $3,230 Revenue Supervisor 1.8% $2,417 $3,022 $2,462 $3,076 Risk Manager 0.7% $2,564 $3,207 $2,585 $3,230 Senior Administrative Analyst 1.8% $2,417 $3,022 $2,462 $3,076 Senior Civil Engineer 11.0% $2,564 $3,207 $2,850 $3,561 Exhibit B Current Current Proposed Proposed Range BI- Weekly BI- Weekly Bi- Weekly BI-Weekly Classification Adjustment Low High Low High Senior Planner 1.8% $2,417 $3,022 $2,462 $3,076 Supervising Civil Engineer 14.6% $2,741 $3,425 $3,142 $3,926 Telecommunications Supervisor 4.0% $2,741 $3,425 $2,850 $3,561 Transit Manager 0.7% $2,564 $3,207 $2,585 $3,230 Utilities Conservation Coordinator 1.8% $2,417 $3,022 $2,462 $3,076 Utilities Engineer 11.0% $2,564 $3,207 $2,850 $3,561 Utilities Projects Manager 11.0% $2,564 $3,207 $2,850 $3,561 Wastewater Collections Supervisor 6.9% $2,417 $3,022 $2,585 $3,230 Water Distribution Supervisor 6.9% $2,417 $3,022 $2,585 $3,230 Water Supply Supervisor 6.9% $2,417 $3,022 $2,585 $3,230 Water Treatment Plant Supervisor 11.0% $2,564 $3,207 $2,850 $3,561 WRF Plant Supervisor 11.0% $2,564 $3,207 $2,850 $3,561 MANAGEMENT PAY FOR PERFORMANCE SYSTEM CITY OF SAN LUIS OBISPO Adopted by the City Council July 2, 1996 Revised March 1, 2004 Revised January 22, 2008 Exhibit C •j r/41 CITY OF SAN LUIS OBISPO MANAGEMENT PAY FOR PERFORMANCE SYSTEM Table of Contents I Introduction II The System Exhibit C 1 Annual Performance Evaluations 2 Annual Salary Increases for Performance 4 Salary Range Adjustments 5 Annual Pay for Performance Milestones 5 III The Forms Annual Performance Plan 6 Annual Performance Evaluation 8 IV Classifications Covered List of Management Classifications 10 X -115' 4 4L--� Exhibit C INTRODUCTION This booklet is intended to provide instructions on the use of the City of San Luis Obispo Management Pay for Performance System. Adopted by the City Council in July of 1996 and refined periodically, most recently in January 2008, the system is designed to recognize and reward excellent performance by managers and to provide an incentive for continuous improvement and sustained high performance. The foundation for any successful pay for performance system is meaningful performance evaluations. While this booklet does not provide information on how performance evaluations should be conducted, it is the responsibility of all who participate in this program to be knowledgeable of and comfortable in the role of evaluator. The success of this program depends upon the highest quality evaluations that are realistic, reasonable and accurate. Straightforward communication between the evaluator and the employee being evaluated is essential so that each employee can understand how he or she can work toward achieving the objectives and desired work behaviors that lead to excellent performance. Excellence in performance translates to outstanding public service which our community has every right to expect. As you use this booklet either as an evaluator or as a manager being evaluated, please feel free to consult the Human Resources Department (X250) if you have any questions. G:\Managoment Compensationfty For Performance 2008.doc 1 1 U:7 _14 CITY OF SAN LUIS OBISPO MANAGEMENT PAY FOR PERFORMANCE SYSTEM PURPOSE Maintain management pay that is internally equitable and rewards management employees based on their performance. OBJECTIVES • Compensate management employees solely according to their accomplishment of objectives and their job - related behavior • Attract and retain well- qualified management employees • Encourage consistent and objective evaluation and compensation of management employees • Keep procedures simple and understandable • Allow management employees to progress through their salary ranges • Maintain management pay ranges according to differences in duties, responsibilities, and job requirements APPLICABILITY This system shall apply to all management employees, which shall include appointed officials, department heads, and other managers. A listing of classifications covered can be found on page 10. ANNUAL PERFORMANCE EVALUATIONS Schedule A management employee must receive an annual performance evaluation in order to receive pay for performance. Annual performance evaluations for management employees shall take place. in the following months: Appointed Officials: March Department Heads: April Other Managers: May Content Annual performance evaluations shall include review.of the current year's performance plan, completion of the current year's performance evaluation form, and preparation of the next year's performance plan. Exhibit C GAManagemcnt Conq==tion\Pay For Perfommcc 2008.doc 2 �_ /� c 6:) Exhibit C. Rating Procedure Half of an employee's overall performance rating shall be based on five to eight job - related behaviors. All of the following five behaviors must be rated: • Initiative: identifying problems and finding opportunities for innovative solutions. • Customer Service: responding to the needs of external and internal customers; continually increasing the value of services delivered. • Job Knowledge: demonstrating expertise; keeping skills current through professional development. • Teamwork: communicating and collaborating well with others to solve problems and accomplish tasks. • Stewardship: promoting the public trust by using City resources wisely, communicating honestly, and being accountable. And, at least one and up to three of the following behaviors must be rated: • Organization Development: improving organization responsiveness and productivity • Human Resources Management: encouraging excellent performance from employees • Leadership: defining and communicating overall issues and priorities for the organization The remaining half of an employee's overall performance rating shall be based on accomplishment of five to eight management objectives. These objectives shall be directly related to Council goals, program objectives, and personal objectives. Changing circumstances may require periodically adding, deleting, or altering the management objectives listed in an employee's performance plan. Rating Definitions On the performance evaluation each job - related behavior or management objective shall receive an individual performance rating based on the following scale: Unacceptable: Performance consistently fails to meet minimum requirements and expectations. Needs Improvement: Performance is inconsistent, only sometimes or partially meeting expectations. Sustained improvement is needed to fully meet expectations. Meets Expectations: Performance fully meets expectations, with only a normal amount of supervision or direction necessary. Performance reflects competent skills and a good attitude. GAManagement CompensationTay For Performance 2008.doc 3 X_/4F Exhibit C Exceeds Expectations: Performance consistently exceeds expectations, with higher quality, more innovation, and less supervision or direction than typically required. Specific examples document this above- average achievement. Outstanding: Performance is clearly superior. While specific examples document this superiority, achievement is usually self - evident to others because this level of performance is extraordinary. ANNUAL SALARY INCREASES FOR PERFORMANCE Increases Available Each year an employee may receive a salary increase from one to five percent based on the recommendation of the employee's evaluator. A salary recommendation cannot increase the employee's salary beyond the top of the assigned salary range. The recommended increase shall acknowledge the employee's overall annual performance evaluation as follows: Overall Rating: Salary Increase Available: Unacceptable None — employee subject to termination* Needs improvement None — employee subject to probation* Meets Expectations Two percent to three percent Exceeds Expectations Three and a half percent to five percent Outstanding Five and a half percent to six percent *in accordance with the Personnel Rules and Regulations Schedule Salary increases for the three classes of management employees shall take effect with the first , pay period in the months listed below: Appointed Officials: April Department Heads: April Other Managers: July Salary increases for management employees who are not appointed officials or department heads shall be reviewed and approved by the department head and the Human Resources Director. A summary of increases and ratings may be provided to the City Administrative Officer. Prorated increases For new employees, or employees newly promoted into a management position, there will.be no increase if the employee has been in the position less than six months. If the employee has lieen in the position for six months or longer, or the employee has taken a leave of absence of six months or longer during the evaluation period the amount of increase should be prorated by the amount ofmonths.in the position. GAMamgement Comperm ionTay For Perforrmnce 2008.doc 4 /% C . 4D Exhibit C Example: Since a manager's salary increase takes effect in July (for performance through May), . to qualify for a prorated increase the employee must have occupied that position by the first pay period in December (December — May). For example if the manager (who has been in the position for six months) is recommended for a 3% salary increase on their performance evaluation, the prorated rate of increase would be 1.5% for the six months time spent in the position (6 months + 12 months =.5 times 3% = 1.5 %). Thus the formula is as follows: Number of months in the position + 12 months = Y x the recommended percentage increase = prorated increase. SALARY RANGE ADJUSTMENTS Periodically, the Human Resources Director shall review management salary ranges and shall recommend adjustments as necessary to keep them competitive and maintain distinctions in compensation levels between management employees and represented employees. Factors to be considered in adjusting salary ranges will include local labor market data, compensation in comparable cities, recent wage settlements for represented City employees, and statewide cost - of- living indices. A salary range adjustment shall become effective the first full pay period after Council approval, unless otherwise indicated in the resolution. ANNUAL PAY FOR PERFORMANCE SYSTEM MILESTONES March The City Council evaluates appointed officials and recommends pay adjustments. April Pay adjustments for appointed officials take effect with the first full pay period. The City Administrative Officer evaluates department heads and recommends pay adjustments. Pay adjustments for department heads take effect with the first full pay period. May Department heads and other supervisors evaluate other managers and recommend pay adjustments. June The Human Resources Director reviews pay adjustments and performance plans for other managers to ensure consistency from employee to employee and department to department. July Pay adjustments for other managers take effect with the first full pay period. GWanagement CompensationTay For Performance 2008.doc 5 �� City of foli2i san LUIS ompo MANAGEMENT EMPLOYEE ANNUAL PERFORMANCE PLAN (to be completed at the beginning of the evaluation year) EMPLOYEE: DEPARTMENT: EVALUATOR: EVALUATION YEAR ENDING: Exhibit C Enter an evaluation weight from 1 to 20 for each of the first four mandatory job - related behaviors listed and for at least one and up to four of the last four job - related behaviors. The higher the evaluation weight, the more important the behavior. If a behavior is not applicable, enter "N /A ". The total of evaluation weights assigned to job - related behaviors must equal 50. Use the extra space to elaborate on expectations about selected behaviors. Job- Related Behavior Evaluation Weight Initiative: identifying problems and finding opportunities for innovative solutions (mandatory) Job Knowledge: demonstrating expertise; keeping skills current through professional development (mmardatory) Teamwork: communicating and collaborating well with others to solve problems and accomplish tasks (mandatory) Stewardship/Ethics: promoting public trust by using city resources wisely, communicating honestly and being aeoomdable (mandatory) Customer Service: responding to the needs of internal and external customers; increasing the value of services delivered (mandatory) Organization Development: improving organization responsiveness and productivity Human Resources Management: encouraging excellent performance from employees Leadership: defining and communicating overall issues, priorities, and directions for the organization Total Evaluation Weight (must equal 50) Gwanagement CompensationTay For Performance 2008.doc 6 w:r—a.21 C, Annual. Performance Plan Exhibit C Enter descriptions and evaluation weights (again from I to 20) for at least five and no more than eight management objectives. Attach more detailed descriptions of objectives on a separate sheet if desired. If there are fewer than eight objectives enter "N /A" in the spaces not used. The total of evaluation weights assigned to management objectives must equal 50. Management Objectives .Evaluation Weight 1. Date 2. 3. 4. Date 5. Date 6. 7. 8. Total Evaluation Weight (must equal 50) Acknowledgments and Approvals: Employee Date Evaluator Date Depamncnt Head Date Human Resources Date G:\M=agement CompowtionTay For Performance 2008.doc 7 ,f ^�� City Of �I�ilrli San US OB I SPO MANAGEMENT EMPLOYEE ANNUAL PERFORMANCE EVALUATION (to be completed at the end of the evaluation year) EMPLOYEE: DEPARTMENT: EVALUATOR: EVALUATION YEAR ENDING: Exhibit 'C PERFORMANCE RATING Refer to the performance plan and enter the evaluation weight for each applicable performance factor. If a factor is not applicable, enter "N /A ". Now enter a performance rating for each performance factor based on the following scale: O-- Unacceptable ■ 1 —Needs Improvement ■ 2 —Meets Expectations ■ 3— Exceeds Expectations ■ 4— Outstanding Next multiply the evaluation weights times the performance ratings and enter the scores in the fourth column. Enter a brief comment, if desired, in the fifth column. And finally, add the scores and enter the total in the "Overall Score" box. Performance Factor Evaluation Weight Performance Rating Score Comments Initiative Job Y=wledge Teamwork Stewordship/Ethics Customer Service Organization Developmetn Human Resources Management l.ademhip Objective No. 1 Objective No. 2 Objective No. 3 Objective No. 4 Objective No. 5 Objective No. 6 Objective No. 7 Objective No. 8 Overall Score GA Management CompensationTay For Performance 2008Aoc 8 r--2 Annual Performance EVALUATION r Exhibit C SALARY INCREASE From the following table, determine the overall performance score and the salary increase available for that score; then enter. the overall performance score and corresponding salary increase percentage. 0 to 80 Unacceptable None 81 to 160 Needs bwrov=cnt None 161 to 185 2.0% 186 to 235 Meets Expectations 2.5% 236 to 260 3.0% 261 to 280 3.5% 281 to 300 4.0% Exceeds Expectations 301 to 320 4.5% 321 to 340 5.0% 341 to 370 5.50 Outstanding 371 to 400 6.00 11 ovensuscore. 1 11 Recommended Salary Increase. I 1 Evaluator Comments (attach additional sheets and documentation if desired): Employee Comments (attach additional sheets and documentation if desired): Acknowledgments and Approvals: Employee Date Evaluator Date Department Head Date Human Resources Date City Administrative Officer. • Date GAManagernent CompensationTay For Performance 2008.doc 91 "� �� Exhibit C MANAGEMENT CLASSIFICATIONS APPOINTED OFFICIALS AND DEPARTMENT HEADS Assistant City Administrative Officer City Administrative Officer City Attorney City Clerk Director of Community Development Director of Finance and Information Technology Director of Human Resources Director of Parks and Recreation Director of Public Works Director of Utilities Fire Chief Police Chief OTHER MANAGEMENT POSITIONS Accounting Supervisor Administrative Analyst Assistant City Attorney Chief Building Official City Traffic Engineer Construction Engineering Manager -New Construction Engineering Manager -Old Deputy Director of Community Development Deputy Director of Public Works Deputy Director of Public Works /City Engineer Deputy Director of Utilities/Wastewater Deputy Director of Utilities/Water Economic Development Manager Facilities Maintenance Supervisor Finance Manager Fire Marshall Fleet Maintenance Supervisor GIS Supervisor Golf Course Supervisor Housing Programs Manager Human Resources Analyst I Human Resources Analyst II Industrial Waste Coordinator Information Technology Manager Laboratory Manager Natural Resources Manager GAMamgameW Compmsadonfty For Pcrforumce 2008.doc 10 Neighborhood Services Manager Parking Manager Parks and Urban Forest Supervisor Principal Administrative Analyst Principal Transportation Planner Program and Project Coordinator Public Works Administrative Services Manager Recreation Manager Recreation Supervisor Revenue Supervisor Risk Manager Senior Administrative Analyst Senior Civil Engineer Senior Planner Streets Maintenance Supervisor Supervising Civil Engineer Telecommunications Supervisor Transit Manager Utilities Conservation Coordinator Utilities Engineer Utilities Projects Manager Wastewater Collection Supervisor Water Distribution Supervisor Water Reclamation Facility Plant Supervisor Water Supply Supervisor Water Treatment Plant Supervisor RESOLUTION NO. 9954 (2008 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING THE CONSERVATION PLAN FOR THE JOHNSON RANCH OPEN SPACE 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 242 acre Johnson Ranch Open Space; 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 Johnson Ranch Open Space" 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 Council Member Settle, seconded by Council Member Mulholland, and on the following roll call vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None R 9954 Resolution No. 9954 (2008 Seri � 0 Page 2 The foregoing resolution was adopted this 22nd day of January 2008. lil�l/ Mayor David F. Romero ATTEST: Audrey He City Clerk APPROVED AS TO FORM: Jon ha . Lowell City Attorney i RESOLUTION NO. 9953 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A FUNDING PLAN FOR THE LOS OSOS VALLEY ROAD/US 101 INTERCHANGE PROJECT AND ADOPTING, ALTERNATIVE #3 AS THE LOCALLY PREFERRED ALTERNATIVE AND AUTHORIZING THE CAO TO NEGOTIATE WITH SLOCOG FOR REGIONAL AND STATE FUNDING ASSISTANCE WHEREAS, the City Council has adopted a Circulation Element of the General Plan and the San Luis Obispo Council of Governments ( SLOCOG) has adopted a Regional Transportation Plan (RTP); and WHEREAS, both the City Circulation Element and the County RTP identify the Los Osos Valley Road/US 101 interchange as a major regional transportation facility that needs improvements to meet existing and future transportation needs in the County; and WHEREAS, the City has created special funding mechanisms to bring local dollars to the project, and has used approximately $10,000,000 in existing Transportation Impact Fees (TIF), Los Osos Valley Road Sub -Area Fees and direct development contributions to construct initial phases of the project and to plan for future work; and, WHEREAS, the progress generated by these City funding programs have made the project near ready for construction, with design and environmental clearances from Caltrans expected in the coming weeks; and, WHEREAS, SLOCOG has solicited project funding and phasing plans from county jurisdictions requesting funding from the FY 2008 State Transportation Improvement Program (STIP), and whereas the City's plans for this regional facility demonstrate great project readiness. that it: NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo 1. Establishes a funding program for the Los Osos Valley Road/US 101 interchange project with an objective of using local funds to match state (STEP) /federal funding for the overall project in an amount equivalent to a 50150 match; and, 2. Supports SLOCOG efforts to phase in regionally significant projects, such as the HWY 46e/US 101 project, and securing $14.8 million in STEP funding for the LOVR/US 101 Project as proposed in the draft SLOCOG Transportation Technical Advisory Committee agenda for its meeting of January 23, 2008; and, R 9953 Resolution No. 9953 (2008 les) Page 2 3. Will continue to seek other private, local, state and federal funding for the project to reduce local funding needs for the project; and, 4. Will use bond financing for the final City portion of the Interchange project using TIF and LOVR Fees to pay the debt service costs with the General Fund being the underlying security for the bonds; and, 5. Hereby establishes Alternative #3 of the LOVR/US 101 interchange project alternatives as the City's locally preferred alternative. On motion of Vice Mayor Brown, seconded by Council Member Mulholland and on the following vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown, and Mayor Romero NOES: None ABSENT: None The following resolution was adopted this 22nd day of January, 2008. Mayor David F. Romero ATTEST: Audrey Hooer City Clerk APPROVED AS TO FORM: on P. Lowell City Attorney 0 • RESOLUTION NO. 9952 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 2008 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND ENDORSING THE SAN LUIS OBISPO URBAN COUNTY'S DRAFT ONE -YEAR ACTION PLAN WHEREAS, the City of San Luis Obispo is a participating jurisdiction in the San Luis Obispo Urban County, along with the cities of Arroyo Grande, Atascadero, Grover Beach, and Paso Robles and the County of San Luis Obispo; and WHEREAS, said cities and County cooperatively administer several federal grant programs under the provisions of the Cooperative Agreement approved by the San Luis Obispo City Council on July 13, 1999 and as amended on September 7, 1999, and under applicable U.S. Department of Housing and Urban Development Department (HUD) rules; and WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan and HUD rules, the City Council held a public hearing on January 22, 2008, to consider funding recommendation by the Human Relations Commission (HRC), to review applications for federal grant funding, and to consider public comments on community needs and the use of such funds; and WHEREAS, The Council has considered applications for Community Development Block Grant (CDBG) funds, public testimony, the Urban County's proposed One -Year Action Plan, including proposed funding allocations for the CDBG program, Home Investment partnership (HOME), Emergency Shelter Grants (ESG), and the Special Urban Projects Fund, HRC recommendation and staff report. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The Council hereby determines that the proposed funding actions are not "projects" as defined by Section 21065 of the California Environmental Quality Act (CEQA), since they will not cause a direct or indirect physical change in the environment and do not involve the issuance of a lease, permit, license, certificate or other entitlement. Consequently, no further CEQA review is necessary. SECTION 2.2008 Community Development Block Grant Program. The City's 2008 Community Development Block Grant Program, Exhibit #A, is hereby approved. The CAO is authorized to approve final dollar amounts once HUD releases allocations with the understanding to fully fund all projects except the City ADA Street Improvement Curb Ramps. SECTION 3. One-Year Action Plan. The San Luis Obispo Urban County's Draft One -Year Action Plan is hereby endorsed, Exhibit #B. R 9952 • • Resolution No. 9952 (2007 Series) Page 2 SECTION 4. Board of Supervisors Consideration. The Council hereby forwards 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 2008 Consolidated Plan. SECTION 5. 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. vote: Upon motion of Council Member Settle, seconded by Vice Mayor Brown, and on the following AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown, and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 22nd day of January 2008. Mayor David F. Romero ATTEST: L Audrey Ho per City Cler APPROVED AS TO FORM: onath . Lowell City Attorney W� 1 Ohl -I D T! Ln s O 5 CD CD Ln D p> j N CD CD a V a O cc W 0 CD C _ Aj CD ^1 CD \J CD �' O W A C C � Gi CA) s O O - OWj N fc w O y. A Ai SD 3 � Co CD .. > N N n O O a W cn o a a rn 7 N O O N C N C O O CL co m O a 0 C^; CD A � 0 Cr7- m 0 c 6' C N 0 3 Cy W a D� cn CD OO (� CD C ? CD (n Ohl m L W C N O O co O C)3 nv �< CD fD 0 0 3 CD t 3 � C) m O .3. 010 ::= V n O O 7 N Ln i .. CD Ln N CD V CP W A C _ .. > c n n 0 a N cn o a mom N -+ O N m m a C^; - � 0 Cr7- m 0 c 6' C� m N 0 3 Cy W O D� cn OO (� (� C ? D a pp �o o mo=o � -{cn O --1 V) a m n° 3 nwooO `�° a�r-3 nyo� 3 r0O a r3 =rCD o - rT o < p 3 a =` m 10 o c a o D ° CD O 3 °_± -n 3 3 N m a O n C7 M 7 CD CD " rY < .. A C) cD 3 - wCD 2no,��oAO� Noon � O c N An m w � CA go CD CD a x. W m:W�, 3 o 0 0_ cn w m W o D a CD CZ -0 O N a25 CD M »CCi> CD m m D O p < -< CCDD X p Cr CD n N 3 E m C C CD y �* 3 �UlWcnor B. D =- CD 3 D WE 3 a CD cD C) m CD < a m SD -- ». < x 3 a 7" l O O CD m 1 o K cn c CD to o w 0< -.. O w o 0 3 O S O �: 03 3 :i1 3• Cn O 0 CD N CL CD O 7 O IV O N 0 0 WD V M 0 1 N alCn N 0NN 1 j O CEO ! C 0 W tCA0 Ln L"00 O CO J C �3 -4000 -4000 000 0 0 0 00 cc �O 0— Ln 0 0 C 1 m^ cn000 . 00° 00 0000 -4 W a Cn N A (b A 00 Z A O CD Co 2 n. 'O �O �A_OA WSW r W O W O ID M0nf co N A O A W� W i 1 N O N CA O _._._ O l0 Ln A Z D = A A N N O 0 0 0' O O O N CL O 0 O O O .. 3 00 -IN A W s V CIt y W j A 'A W "j N Ln m w o 0 1 CA) ei rn0 COD N N O j m L W C N O O co O C)3 nv �< CD fD 0 0 3 CD t 3 � C) m O .3. 010 ::= V n O O 7 N 0 EXHIBIT 5 NOTICE OF PUBLIC WORKSHOPS PROPOSED DRAFT FUNDING RECOMMENDATIONS FOR THE 2008 CONSOLIDATED PLAN AND ACTION PLAN OF THE URBAN COUNTY OF SAN LUIS OBISPO FOR THE CDBG, HOME, ADDI AND ESG PROGRAMS WHAT: Public workshops will be held by the cities of Grover Beach, Paso Robles and San Luis Obispo. WHEN AND WHERE: Prior to holding public hearings, the Urban County of San Luis Obispo, consisting of the participating jurisdictions of the cities of Arroyo Grande, Atascadero, Grover Beach, Paso Robles, San Luis Obispo, and the County of San Luis Obispo will conduct three, informal public workshops to encourage public comments and to answer questions about the 2008 Draft Funding Recommendations. These workshops will be held as follow: Forth County Workshop Paso Robles - 7:00 P.M., Monday, Jan. 9, 2008, Paso Robles Library Conference Room, 1000 Spring Street. South County Workshop Grover Beach - 7:00 P.M., Wednesday, Jan. 10, 2008, City Hall, City Council Chambers, 154 S. Eighth St San Luis Obispo San Luis Obispo - 7:00 P.M., Thursday, Jan. 17, 2008, City/County Library Conference Room, 995 Palm St. WHAT'S BEING PROPOSED: The Urban County of San Luis Obispo has prepared a summary of draft funding recommendations for the 2008 Consolidated Plan and Action Plan pursuant to the requirements of the U.S. Department of Housing and Urban Development (HUD). The Consolidated Plan enables the Urban County to receive funding through certain federal grant programs. Three basic goals govern these programs: 1) provide decent housing, 2) provide a suitable living environment, and 3) expand economic opportunities. Each of these goals is intended to benefit persons whose incomes are below 80 percent of median income. The County Planning and Building Department acted as the lead agency in preparing the draft funding recommendations, collaborating with each of the cities throughout the process of conducting citizen participation activities. The Action Plan describes activities proposed for funding through the 2008 Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), American Dream Down payment Initiative (ADDI), and Emergency Shelter Grant (ESG) programs. HUD has not released the 2008 funding allocations; therefore, most participating jurisdictions of the Urban County used the 2007 entitlement allocation figures to prepare their draft funding recommendations. For its draft fundng recommendations, the County anticipates a reduction to both the CDBG and HOME programs. Additional funds available to be allocated include $26,100 in CDBG program income by the City of Paso Robles. Recommended draft - funding levels of CDBG funds are as follow: 2008 CDBG Draft Funding Recommendations Category County San Luis Paso Ataseadero Arroyo Grover Total Obispo Robles Grande Beach Housing $20,000 $0 $0 $0 $0 $15,000 $ 35,000 Public Services $117,815 $96,000 $46,421 $28,632 $16,195 $7,000 $ 312,063 Code Enforcement $0 $0 $0 $0 $1,5,948 $0 $ 15,948 Public Facilities $465,535 $416,607 $203,050 $124,252 $65,426 $91,102 $1,367,972 Economic Development $25,000 $0 $0 $0 $5,000 $0 $ 30,000 Planning Studies $10,000 $0 $0 $0 $0 $0 $ 10,000 Administration $147,087 $129,000 $30,000 $38,000 $21,593 $12,566 $ 378,246 Total CDBG Funds $785,437 $643,607 $309,471 $190,884 $124,162 $125,668 $2,179,229 G 0 EXHIBIT $ HOME Draft Funding Recommendations Applicant Protect Funding Rec. Peoples' Self -Help Housing Corp.. Schoolhouse Lane Apartments - Cambria $ 707,500 Peoples' Self Help Housing, Corp. Property Acquisition — Rolling Hills Famlly Apts. $ 500,000 Step Hen Acquisition of Rehabilitation House $ 0 Samaritan Investments First Time Home Buyer Program $ 0 Housing Authority - City of S.L.O. First Time Home Buyer Program $ 0 Housing Authority - City of S.L.O. Tenant Based Rental Assistance Program (T.B.RA.) $ 0 Housing Authority - City of S.L.O. Administration of the T.B,RA. Program $ 0 Transitions - Mental health Assoc. Rehabilitation of Transitional Housing $ 0 Cider Village Associates Cider Village Family Apartments (Nipomo) $ 0 The Emergency Shelter Grant Draft Funding Recommendations are as follow: Prado Day Center (EOC): $20,765; Maxine Lewis Memorial Shelter(EOC): $35,251; North County Women's Shelter. $12,825; El Camino Housing Organization: $14,844; Women's Shelter Program of SLO County: $7,114; Step -Hen: $0; Community Build Program: W. American Dream Downpayment Initiative Housing Authority of the City of San Luis Obispo — First Time Homebuyer Program $23,002 Following the workshops, public hearings will be held on the above draft funding recommendations. Anyone may comment on the funding requests or proposed recommendations before the decision -makers take final action. Public hearings on CDBG, HOME, ADD and ESG funding, and the approval of the One -.Year Action Plan will be announced via a mailed and a published notice. CONTACT: If you have any questions about the draft funding recommendations or the grant approval process, you can contact: Tony Navarro, San Luis Obispo County Department of Planning and Budding, 976 Osos Street, Room 370, San Luis Obispo, California, 93408, (805) 781 -5787, or the following staff for each of the participating cities: • Jim Bergman, Community Development Dept., City of Arroyo Grande, 214 E. Branch Street (P.O. Box 550), Arroyo Grande, CA 93421, (805) 473 -5420. • Valerie Humphrey, Department of Public Works, City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 -299, (805) 47D -3486. • George Hansen, Community Development Dept., City of Grover Beach, 154 S. Eighth St, Grover Beach, CA 93433, (805) 473-4520. • Ed Gallagher, Community Development Dept., City of Paso Robles, 1000 Spring St., CA 93446, (805) 237 -3970. • Peter Brown, Community Development Dept., City of San Luis Obispo, 919 Palm St., CA 93401, (805) 781 -7170. WHAT'S AVAILABLE: Copies of the itemized draft funding recommendations are available at the Department of Planning and Building, County Government Center, San Luis Obispo, California (976 Osos Street, Rm. 370, San Luis Obispo) or at the participating cities. WHERE YOU COME IN: Your comments and questions are invited. Comments will be considered by the cities and the County prior to the approval of the draft funding recommendations. If you favor certain activities, you should express your views in writing or verbally at the workshops. All comments received during the public workshops and any written correspondence will be summarized and attached to the Action Plan when it is transmitted to HUD in May. 0 0 EXHIBIT 15 2008 CDBG, HOME, ESG and ADDI DRAFT FUNDING RECOMMENDATIONS CDBG PROGRAM CITY OF ARROYO GRANDE Applicant Project Request DraftRm Public Services 211 SLO Hotline 211 SLO Hotline 2,500 1,195 Big Brothers Big Sisters of SLO Co. Mentoring Program 5,000 1,000 CASA of San Luis Obispo County, Inc. CASA Advocacy for Teens 695 6.95, Economic Opportunity Commission Maxine Lewis Memorial Shelter 5,000 4,805 Economic Opportunity Commission Senior Health Screening Program 4,200 1,500 ' Economic Opportunity Commission Forty Wonderful Program 3,000 2,000 Economic Opportunity Commission Teen Academic Parenting Program 2,200 1,000 Transitional Food and Shelter, Inc. Shelter for Medically Fragile Homeless Persons 1,000 1,000 Assistance League of SLO County Operation School Bell 2,000 2,000 The Literacy Council Literacy Program 31000 1,000 Total 28,595 16,195 Public Facilities City of Arroyo Grande Barrier Removal/Curb Cuts 50,000 48,984 City of Arroyo Grande Fagade Gaud Program 10,000 10,000 Arroyo Grande in Bloom Landscaping 7,000 6,442 Housing Authority of the City of SLO Construct New HASLO Offices and Maintenance Bldg. 50,000 0 Total 50,000 65,426 Code Enforcement City of Arroyo Grande Code Enforcement 15,948 15,948 Total 15,948 15,948 Economic Development Cuesta College SSOC Small Business Development Center 51000 51000 Total 5,000 51000 Administration City of Arroyo Grande Administration 21,593 21,593 Total 21,693 21,593 Grand Total 124,162 124,162 CITY OF ATASCADERO Applicant Project Request Draft Rec. Public Services 211 SLO Hotline 211 SLO Hotline 2,500 0 Big Brothers Big Sisters of SLO Co. Mentoring Program 4,000 0 CASA of San Luis Obispo County, he. CASA Advocacy for Teens 1,515 1,000 Transitional Food and Shelter, Inc. Shelter for Medically Fragile Homeless Persons 14,952 0 The Literacy Council Literacy Program ' 3,000 0 Ell Camino Homeless Shelter Operation of Homeless Shelter 15,000 15,000 Atascadero Communay Services. Foundation Youth Activity Scholarships 10,000 4,632 Assistance League of SLO County Operation School Bel 3,000 1,000 Atascadero Loaves and Fishes Operation of Food Pantry 8,000 7,000 Total 61,967 28632 Public Facilities Project Ciyt of Atascadero Pedestrian/Banier Removal 200,000 115.452 North County Women's Shelter Carpet Installation 8,800 8,800 Housing Authority of the City of SLO Construct New HASLO Offices and Maintenance Bldg. 50,000 11 Good Samaritan Shelter, Inc. Prop. Acquisition/develop No. Co. Homeless Shelter 200,000 0 Total 250,000 124,252 Economic Development Cuesta College SBDC Small Business Development Center 5,000 0 Total 6,000 0 Administration Clyt of Atascaderc Administration 38,000 38,000 Grand Total 354,967 180,884 0 • CITY OF GROVER BEACH Applicant Project Request Draft Roc. Housing Project Request Draft Rec. Economic Opportunity Commission Minor Home Repair Program 15,000 15,000 Total Mentoring Program 15,000 15,000 Public Services Project 1,515 TBD 211 SLO Hotline 211 SLO Hotline 2,000 0 Big Brothers Big Sisters of SLO Co. Mentoring Program 7,000 7,000 CASA of San Luis Obispo County, Inc. CASA Advocacy for Teens 695 0 Economic Opportunity Commission Maxine Lewis Memorial Shelter 7,500 0 Economic Opportunity Commission Senior Health Screening Program 2,800 0 Economic Opportunity Commission Forty Wonderful Program 1,500 0 Economic Opportunity Commission Teen Academic Parenting Program 2,600 0 Assistance League of SLO County Operation School Bell 2,000 0 The Literacy Council Literary Program 3,000 0 Total Construct New HASLO Offices and Maintenance Bldg. 29,295 7000 Public Facilities City of Grover Beach 5th Street Storm Drain Project 91,102 91,102 Housing Authority of the City of SLO Construct New HASLO Offices and Maintenance Bldg. 50,000 0 Total Prop. AcquislGonldevelop No. Co. Homeless Shelter 141,102 911102 Economic Development Cuesta College SBDC Small Business Development Center 5,000 0 Total 6,000 0 Administration City of Grover Beach Administratlon 12,566 12,566 Grand Total 202,963 125,666 CITY OF PASO ROBLES Applicant Project Request Draft Rec. Public Services 211 SLO Hotline 211 SLO Hotline 3,000 TBD Big Brothers Big Sisters of SLO Co. Mentoring Program 3,000 TBD CASA of San Luis Obispo County, Inc. CASA Advocacy for Teens 1,515 TBD Economic Opportunity Commission Senior Health Screening Program 2,800 TBD Economic Opportunity Commission Teen Academic Parenting Program 3,800 TBD Transitional Food and Shelter, Inc. Shelter for Medically Fragile Homeless Persons 2'6,700 TBD The Literacy Council Literacy Program 3,000 TBD 8 Camino Homeless Shelter Operation of Homeless Shelter 15.000 TBD Assistance League of SLO County Operation School Bell 3,000 TBD Lifestyles Recovery Center, Inc. Life Changing Programs 10,000 TBD Total 71,815 46,421 Public Facilities Housing Authority of the City of SLO Construct New HASLO Offices and Maintenance Bldg. 50,000 0 City of Paso Robles Removal of Architectural Banieris - Riverside 8 24th SL 203,050 203.050 City of Paso Robles Handicapped Ramp at Oak and 36th Streets 35,000 0 Good Samaritan Shelter, Inc. Prop. AcquislGonldevelop No. Co. Homeless Shelter 200,000 0 Total 488,050 203050 Economic Development Cuesta College SBDC Small Business Development Center 5,000 0 Total 5,000 0 Planning and Capacity Building City of Paso Robles Capacity Building 30,000 30,000 Total 30,000 30,000 Administration City of Paso Robles Administration 30,000 30,000 Total 30,000 50,000 Grand Total 309,471 O O IIBIT S CITY OF SAN LUIS OBISPO Project Request Draft Roc. Applicant Prado Day Center forth Homeless Mardne Lewis Memorial Shelter 155 505 45,000 Public Services 211 SLO Hotline 211 SLO Hotline 10,000 2,515 0 D CASA of San Luis Obispo County, Inc. CASA Advocacy for Teens 59,907 0 Economic Opportunity Commission Prado Day Center for the Homeless Maxine Lewis Memorial Shelter 141,753 96,000 Economic Opportunity Commission Food and Shelter, Inc Shelter for Medically Fragile Homeless Persons 8,000 0 Transitional 426,776 96000 Total Public Facilities Barrier Removal - Street ImprovementSICurb ramps 250,000 416,607 City of San Luis Obispo the City of SLO Construct New HASLO Offices and Maintenance Bldg. 150,000 150,000 Housing Authority of Rehabitilation houselfadiity 400,000 416,607 Total Installation of fencing, gates and security system Developtoonsbuct Nlpomo Child Dev. Center 115,740 124,000 0 124000 Economic Development Small Business Development Center 5,000 0 Cuesta College SBDC Prop. Acquisitionidevelop No. Co. Homeless Shelter 5,000 0 Total Install Air Conditioning System to Nlpomo Senior Center 38,800 38.800 Administration Administration 125,000 129,000 City of San Luis Obispo 125,000 129,000 Total 756,775 643,607 Grand Total Small Business Development Center 55.000 00 COUNTY OF SAN LUIS OBISPO Project Request Draft Raa Applicant Housing 30,000 20,000 Economic Opportunity Commission Minor Home Repair Program 30,000 20,000 Total Public Services CASA of San Luis Obispo County, Inc. CASH Advocacy for Teens 2,515 68 g00 0 72,815 Economic Opportunity Commission Prado Day Center forth Homeless Mardne Lewis Memorial Shelter 155 505 45,000 Economic Opportunity Commission Shelter for Medically Fragile Homeless Persons 12 6000 D Transitional Food and Shelter, Inc. Operation of Homeless Shelter EI Camino Homeless Shelter SLO Operation School Bell 3,000 0 Assistance League of County Operation of Food Pantry 8,000 0 Ataseadero Loaves and Fishes 288,420 117815 Total Public Facilities Mission Street Enhancement, San Miguel 430,000 152,735 County Public Works Mission Street Drainage Project, San Miguel 150,000 150,000 County Public Works Rehabitilation houselfadiity 5,000.000 0 Step Hen Ocean Community Center, Inc. Installation of fencing, gates and security system Developtoonsbuct Nlpomo Child Dev. Center 115,740 124,000 0 124000 Economic Opportunity Commission Construct New HASLO Offices and Maintenance Bldg. 150.000 ° Housing Authorfty of the City of SLO Prop. Acquisitionidevelop No. Co. Homeless Shelter 200.000 0 Good Samaritan Shelter. Inc. Install Air Conditioning System to Nlpomo Senior Center 38,800 38.800 County General Services Barrier Removal at Arroyo Grande Veterans Building County General Services 6,530,240 465535 Total Economic Development Small Business Development Center 55.000 00 Cuesta College SBDC Total Planning and Capacity Building Capacity building for HOTLINE services and program 10,000 211 SLO Hotline 220.000 0,000 10,000 Total Administration Ad ministration Ad 155,587 145,587 County of San Luis Obispo Housing Activities 1,500 1,500 California Rural Legal Assistance 167,087 147,087 Total 6,871,247 785,437 Grand Total 3 EXHIBIT �! �J HOMEPROGRAM Project Request Draft Roe. Applicant 134,162 134,162 0 County of San Luis Obispo Rehabilitation Rehabilitation houselfacishi 5,000,000 0 Step -Hen Samaritan Investments FTHB, Foreclosure /Hardship Assistance Lane Affordable Housing 550,000 1,500,000 707500 Peoples' Selft -Help Housing Schoolhouse Rolling Hills Family Apts. Property Acquisition 500,000 500000 Peoples' Selft -Help Housing Housing Authority of the City of SLO First Time Home Buyer Program Tenant Based Rental Assistance Program 500,000 152,500 0 0 Housing Authority of the City of SLO Tenant Based Rental Assistance Program Admin. 22,500 0 Housing Authority of the City of SLO mg Rehabilitation of Transitional 75,000 0 TranslUOns- Mental Health Association C der Village Famiy Apartments 506,000 0 Cider Village Associates 8,934,162 1,341,662 Total ESG PROGRAM Project Request Draft Rec. Applicant House 5,000,000 600,000 0 0 Step -Hen VocaOonei Training. Homeless Family Shaer vocational 13.929 13,929 Community Build Program North County Women's Shelter Women's shelter 7,168 7,168 Women's Shelter Program of SLO Co. Women's shelter Homeless shelter 14,955 14,955 El Camino Housing Organization Prado Day denier for the Homeless 20,820 35,515 20,920 35,515 Economic OPpartunity Commission Economic Opportunity Commission Maxine Lewis Memorial Shelter 5,692,467 92487 Total ADDI PROGRAM Project Request. Draft Roe. ApplicarK Housing Authority of the City of SLO First Time Home Buyer Program 23,002 23,002 23,002 13,002 Total RESOLUTION NO. 9951(2008 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING A CONDOMINIUM TRACT MAP FOR 12 RESIDENTIAL UNITS FOR THE PROPERTY AT 225 NORTH CHORRO STREET TR/ER 135 -07 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on December 12, 2007, pursuant to an application filed by Tim and Mary Ann Riley, applicant; and recommended approval of the subdivision map and adoption of the Negative Declaration of environmental impact; and WHEREAS, the City Council of the City of San Luis Obispo has considered testimony of the applicant, interested parties, and evaluation and recommendations by staff; and WHEREAS, the City Council has considered the draft Negative Declaration of environmental impact as prepared by staff; BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council makes the following findings: 1. The design of the tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints, will incrementally add to the City's residential housing inventory, result in condominium units that meet density standards, and will be consistent with the density and development limits established by the High Density Residential District. 2. The site is physically suited for the proposed type of development allowed in the R-4 zones since the site is generally flat, surrounded by existing high density residential development and close to parks, schools and transit services. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. 4. The design of the tentative tract map and proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or, their habitat because the site does not have any creeks or other potentially significant habitat areas for fish and wildlife. The site is surrounded by urban development and has been previously developed with multi - family residential units. 5. A Negative Declaration was prepared by the Community Development Department on November 14, 2007. The City Council finds and determines that the project's Negative Declaration R 9951 Resolution No. 9951 (2008 Series)' Page 2 adequately addresses the potential significant environmental impacts of the proposed project. SECTION 2. Action. The City Council hereby adopts the Negative Declaration and approves the Tentative Tract Map for 12 residential units at 225 North Chorro Street subject to the following conditions: Conditions: 1. The applicant shall construct the project so as to substantially conform to plans stamped with Community Development Department approval and incorporate conditions listed herein. Any change to approved design, colors, materials, landscaping or other conditions of approval must be approved by the Community Development Director and may at the discretion of the Director, have to be referred back to the Architectural Review Commission. 2. Final building plan sets released to the builder /contractor shall contain clear and legible notes that no changes (even for minor exterior details) from building plan sets shall occur without prior permission from Brian Leveille, City of San Luis Obispo, staff Planner, or the Community Development Director, as required. 3. Construction plan sets shall include conditions of approval from all project approvals (ARC/MS 135 -07) for contractor/builder reference. 4. All ducts, meters, air conditioning equipment and all other mechanical equipment, whether on the ground, on the structure or elsewhere, shall be screened from public view with materials architecturally compatible with the main structure. Public view includes the existing views from all public streets and sidewalks. Gas and electric meters, electric transformers, and large water piping systems (backflow prevention devices) shall be completely screened from public view with approved architectural features and/or landscape plantings and/or placed on the interior of the structure. Backflow prevention devices, fire department connections or other similar devices that are not shown on the plans approved by the Architectural Review Commission shall be approved by the Planning Department prior to placement on the site. If located within the street yard, such devices shall be screened by landscape walls or landscape shrubs and painted a flat green color. 6. The Hydrology Report shall further address the drainage to be discharged to the westerly property line. Although the amount of run -off in the design storms has been reduced, there appears to be an existing problem with silt draining onto the adjacent property. The drainage plan shall consider the possibility of relocating the westerly parking lot drainage inlet to allow the open space lawn area to provide the maximum opportunity to accept drainage and sediment. The applicant shall also notify the neighboring property owner of his intention to continue to discharge water through a weir in the retaining wall. Resolution No. 9951 (2008 Seriels Page 3 7. The subdivider shall dedicate a 6' wide public utility easement and a 10' wide street tree easement across the frontage of each lot. Said easements shall be adjacent to and contiguous with all public right -of -way lines bordering each lot. 8. Long term bicycle parking spaces in the garage shall include a device for securing bicycle against the wall. 9. New oak trees shall be planted at a replacement rate of 5:1 at an off -site location to be approved by the Natural Resources Manager. In addition to replacement trees, at least one of the required street trees planted for the project shall be a Coast Live Oak. 10. Construction plans shall be modified to provide three full size guest parking spaces. 11. The subdivider shall prepare conditions, covenants, and restrictions (CC&R's) to be approved by the Community Development Director and the City Attorney prior to final map approval. CC &R's shall contain the following provisions: a. Creation of a homeowners' association to enforce the CC &R's and provide for professional, perpetual maintenance of all common areas including private driveways, drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting, and landscaping. b. Grant to the city the right to maintain common areas if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the city to inspect the site at mutually agreed times to assure conditions of CC &R's and final map are being met. c. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable vehicles. f. No outdoor storage by individual units except in designated storage areas. g. No change in City- required provisions of the CC &R's without prior City Attorney approval. h. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. i. Provision of appropriate "no parking" signs and red - curbing along interior roadways as required by the City Fire Department. j. CC &R's shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view. Resolution No. 9951 (2008 Series Page 4 k. CC &R's shall include requirements that garage spaces be used for vehicle parking only and shall remain available for occupant vehicle parking and not be used for storage or other uses. 11. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. On motion of Council member Mulholland, seconded by Vice Mayor Brown, and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 22nd day of January 2008. Mayor David F. Romero ATTEST: Audrey He City Clerk APPROVED AS TO FORM: onath . Lowell City Attorney u C RESOLUTION NO. 9950 (2008 Series) ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION PLATFORM FOR 2008 AND APPOINTMENT OF COUNCILMEMBER 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 2008, 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 9950 Resolution No. 9950 (2008 Series)'� Page 2 Upon motion of Council Member Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Member Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 22°d day of January 2008. Mayor David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: onatha Lowell Ci ttorney CITY OF SAN LUIS OBISPO LEGISLATIVE ACTION PLATFORM FOR 2008 Exhibit A 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. Preserving local control of planning and zoning matters 5. Supporting efforts to increase funding for affordable housing for very low, low and moderate income families for all cities and communities 6. Promoting funding for the identification, acquisition, maintenance and restoration of historic sites and structures 7. Supporting continued or expanded funding for CDBG program Economic Development 8. Promoting funding and/or legislation that encourages research and development by businesses in California through tax credits or other incentive programs 9. Supporting funding and policies for the promotion of California as a place to locate businesses 10. Supporting funding for a state tourism promotion program 11. Promoting funding for the arts, especially public art 12. Supporting the effective and efficient use of all communications technologies including voice, video, data, and information services over wired and wireless transmission technologies 13. Supporting telecommunications reform legislation that preserves local control over public rights -of -way, protects local resources and guarantees access to, and funding for, public, educational and government (PEG) access television 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. 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 0 Human Resources/Employee Relations/Human Relations O Exhibit A 16. Supporting additional workers compensation reforms that lower employers' costs while still protecting workers 17. Supporting pension reform efforts in concert with the League of California Cities and the California Public Employees Retirement System (PERS) Board of Directors 18. Opposing the expansion of the "Peace Officers' Bill of Rights," "Firefighters' Bill of Rights," or other attempts to curtail management rights 19. Supporting legislation that provides funding sources for appropriate human service agencies that support the mission of the Human Relations Commission 20. Supporting legislation to protect the City's continued ability to administer its Cafeteria Benefit Plan 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 the fair and efficient allocation of radio spectrum that provides quality frequencies, free from interference, for all local public safety communication needs 30. Supporting efforts to reduce retention periods for video monitoring tapes 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. v Exhibit A .32. Obtaining funding, cooperation and prompt approval from the Environmental Protection Agency and Army Corps of Engineers for necessary flood control projects 33. Supporting legislation like ACA 13 (2005 -06) which would exclude storm drain assessments from Prop. 218 requirements 34. Supporting legislation to provide monetary incentives or grant funding for alternative fuel vehicles for replacement of municipal fleet equipment 35. Supporting legislation to provide monetary incentives or grant funding for retrofitting municipal buildings with Energy Management Systems to centrally control all lighting Parks and Recreation and Natural Resources 36. 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 37. 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 38. Opposing any development under existing or new offshore oil and gas leases off the coast of San Luis Obispo County 39. Supporting measures to prohibit discharge of pollutants into the ocean (e.g. selenium contaminated waters from the San Joaquin valley) 40. Supporting funding for rehabilitation of urban parks and unmet community recreational needs, in particular "at risk" youth 41. Encouraging the State Department of Parks and Recreation to expedite the distribution of bond funds and other funds resulting from special legislation 42. Seeking legislative exemption from property taxes on lands dedicated to open space purposes which are outside the boundaries of the jurisdiction owning such lands 43. Working for implementation language for Prop. 84, Prop 1D and Prop. 1C, which includes distribution of funds to local agencies using a per capita formula as much as possible, and broadens the definition of competitive programs to encompass more than just inner city, urban areas 44. Supporting a State resolution recognizing the important role youth sports play in healthy young people 45. Supporting the widest and most equitable distribution of Prop 84 competitive funds Transportation U� Exhibit A 46. Changing gas tax laws to allow local tax for transportation purposes based on a majority vote of the public 47. Promoting continued and increased funding sources for street maintenance projects and transportation improvements, as well as funding for transit service and bicycle projects 48. Working with Caltrans, SLOCOG and the California Transportation Commission to expeditiously fund Hwy 227 road overlay and reconstruction project, and subsequent relinquishment of Hwy 227 within the City limits 49. Supporting clean air transit funding for San Luis Obispo County, in particular funding that supports alternative modes of transportation with clean air benefits 50. 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 Utilities 51. Supporting clean water funding programs 52. Supporting legislation to facilitate recycling program development and enhance local government's ability to comply with solid waste requirements 53. 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) 54. Supporting legislation promoting the safe, responsible, and cost - effective reuse of Exceptional Quality or better biosolids 55. Supporting legislation to streamline the state regulatory processes 56. Supporting sustainable energy programs 57: Supporting incentives for distributed energy generation projects such as solar power 58. 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 59. Supporting federal legislative action to transfer Salinas Reservoir properties to a local agency, to the benefit of the City 60. Supporting legislation that aids in the implementation of the California Urban Water Conservation Council's Best Management Practices regarding urban water conservation G ID Exhibit A 61. Supporting legislation eliminating departing load charges which discourage the use of alternative energy resources 62. Supporting legislation to allow use of Public Goods Funds for the development and installation of energy saving or green energy generating projects to benefit local government County/Regional Priorities 63. Working with the County to assure land use practices that are consistent with the Memorandum of Agreement adopted by the City Council and County Board of Supervisors in 2005 regarding development near the edges of the City 64. Encouraging 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 65. Encouraging participation by County in providing nearby parking for County employees and clients, and alternate transportation and parking demand reduction 66. Supporting County development of a local ordinance providing additional local oversight and regulation of the land application of Exceptional Quality or better biosolids 67. Working cooperatively with the County to solve City/County flood problems 68. Supporting the San Luis Obispo County Air Pollution Control District's 2008 legislative program G :\Legislative Priorities\2008 Legislative Action Platform - Exh A.DOC l� 2008 League Strategic Priorities 0 Exhibit B At its meeting in San Jose on Nov. 30 and Dec. 1, the board of directors of the League of California Cities adopted the following strategic focus and priorities in consultation with the leaders of the League's divisions, departments, caucuses and policy committees in 2008. The League of California Cities is strongly committed to advocating policies that support sustainable communities across our state that help build a strong economy, protect our environment and advance social equity in the following ways: 1. PROTECT FUNDING FOR VITAL COMMUNITY SERVICES. Vigorously oppose efforts to erode funding for vital community services that keep Califomian families safe from crime, support transportation mobility and economic growth, provide housing and important after - school recreation opportunities, ensure orderly development and protect the environment. Funding for local community -based services and programs should not be sacrificed again to meet state revenue needs. 2. SUPPORT GREEN AND SUSTAINABLE CITIES. Lead in the development of state and local policies, strategies and programs to protect the environment and reduce greenhouse gas emissions through more efficient and sustainable land use and building practices, increased energy efficiency and use of altemative /renewable energy sources, improved water supply and wastewater treatment system efficiencies, expanded public transit opportunities and innovations in other city operations. 3. EXPAND INFRASTRUCTURE INVESTMENT. Support continued implementation of the 2006 infrastructure bond program and the development of new funding sources and programs to meet the infrastructure needs of our rapidly growing communities in a sustainable way for water supply, wastewater treatment, public transit, streets and roads, storm water management and other critical infrastructure. 4. ENACT HONEST AND RESPONSIBLE EMINENT DOMAIN REFORM. Support enactment of eminent domain reforms that protect homeowners, such as the Homeowners Protection Act, and oppose proposals that would cripple the ability of state and local agencies to manage development, develop new water supplies, protect the environment, and develop affordable housing. a 0 RESOLUTION NO. 9949 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REVISING THE GUIDELINES FOR PUBLIC ART WHEREAS, on May 15, 1990, the Council adopted Resolution 6811 (1990 series) creating a Visual Arts in Public Places program and establishing Guidelines for Public Art; and WHEREAS, on February 17, 2004, the Council adopted Resolution 9523 (2004 series) clarifying the roles and responsibilities of the public art reviewing bodies with regard to the criteria set forth in the Guidelines for Public Art; and WHEREAS, there is a need to exclude interior art in private development from the public art program in order to ensure that art is freely open and accessible to the public. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Guidelines for Public Art are amended as shown on Exhibit A and attached hereto: Upon motion of Council Member Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 8b day of January 2008. Mayor David F. Romero ATTEST: 4 Q U U � U ey Hooper V - City Clerk APPROVED AS TO FORM: J ath . Lowell City Attomey R 9949 SkUIDELINES FOR PUBLIC ARP Architectural Review Commission Criteria 1. Publicly funded public art shall be located within the public right -of -way, a public building or otherwise shall be easily visible or accessible from a public right -of -way. Interior locations for public art are permitted, and shall be freely open and accessible to the public. 2. Privately funded public art shall be located on privately owned land or buildings which are places of high visibility to the public. Such places shall be in exterior locations, and not within buildings. If privately funded public art is donated to the City, Guideline No.I above applies to location of art. 3. Consideration shall be given to the size, massing, location and scale of the proposed piece and to potential conflicts with present or future vegetation or construction. 4. Public art shall be compatible with the immediate site and neighborhood in terms of historic, social and cultural characteristics, architectural scale, materials, land use, and geographical and environmental context. 5. The design and placement of public art shall not impede pedestrian or vehicle traffic, or conflict with public or private easements. 6. Consideration shall be given to any public safety or public health concerns created by the artwork. 7. Public art shall be integrated with the site and/or building, and include landscaping, lighting, interpretive information and other amenities where appropriate. 8. Public art shall be securely installed. Public Art Jury Criteria Public artwork shall be original and of high artistic quality and shall not include any signage or other advertisement or logo, literal or abstract. 2. Public art should be considerate of the immediate site and neighborhood in terms of historic, social and cultural characteristics, architectural scale, materials, land use, and geographical and environmental context. 3. Public art shall be integrated with the site, and include landscaping, lighting, interpretive information and other amenities where appropriate. 4. Permanent public art shall be constructed of durable, high - quality materials and require minimal or no maintenance. Temporary public art shall be constructed of materials appropriate to its duration of public display. 5. A wide variety of artistic expression is encouraged. However, expressions of profanity, vulgarity or obvious poor taste are inappropriate. Other Review Criteria Public art proposed for areas of high historical sensitivity, such as Mission Plaza and its creek, should be given the closest scrutiny, including input from the Cultural Heritage Committee, before approval by the Jam• CADocuments and Settings \ecano\Local SettingATemporary Internet Files \OLK6 \Guidelines for Public Art Revised final draft 10808.doc so 40 RESOLUTION NO. 9948 (2008 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING APPLICATION FOR GRANT FUNDS FROM THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 16456 OF THE STREETS AND HIGHWAYS CODE FOR THE BOB JONES BIKE TRAIL ENHANCEMENTS PROJECT WHEREAS, the Legislature of the State of California has enacted AB 471 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, State, and Federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the applicant must comply with; and WHEREAS, the applicant, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance; and 2. Certifies that said applicant will make adequate provision for operation and maintenance of the project; and 3. Appoints the City Administrative Officer as agent of the City to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. so so Resolution No. 9948 (2008 Series) Page 2 On motion of Council Member Mulholland, seconded by Vice Mayor Brown and on the following roll call vote: AYES: Council Members Carter, Mulholland, and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 8th day of January 2008. Mayor David F. Romero ATTEST: .6bdrey Hooper City Clerk APPROVED AS TO FORM: J�� Lowell City Attomey RESOLUTION NO. 9947 (2008 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2490 WHEREAS, the City Council made certain findings concerning Tract 2490, as prescribed in Resolution No. 9434 (2003 Series), and WHEREAS, the City Council approved the final map for Tract 2490 per Resolution No. 9632 (2004 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2490, 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. The private improvements have been completed per plan; and WHEREAS, the subdivider has satisfactoril), completed the private improvements for Tract 2490, in accordance with City standards, specifications and the approved plans, and has requested that the city certify completion of these private improvements. NOW THEREFORE, BE IT RESOLVED, the City Council hereby accepts the public improvements and certifies completion of the private improvements for Tract No. 2490. The current Faithful Performance surety may be released at this time. The Labor & Materials surety may be released after 90 days from this date of acceptance of the improvements in accordance with Section 66499.7(h) of the California Government Code. On motion of Council Member Mulholland, seconded by Vice Mayor Brown and on the following vote: AYES: Council Members Carter, Mulholland and Settle, Vice Mayor Brown and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 8h day of January 2008. Mayor David F. Romero ATTEST: d, U Audrey Hoo \.r City Clerk t/ Approved as to Form: natha . Lowell City ttomey R 9947