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HomeMy WebLinkAbout10240-10277`�) RESOLUTION NO. 10277 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE EXPENDITURE OF PROP 1B, PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND SERVICE ENHANCEMENT ACCOUNT (PTMISEA) FUNDING AND TRANSIT SYSTEM SAFETY, SECURITY AND DISASTER RESPONSE ACCOUNT PROGRAM APPLICATION WITH THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates San Luis Obispo (SLO) Transit; and WHEREAS, The City of San Luis Obispo and SLO Transit are eligible applicants for California Proposition 1 B Program funds; and WHEREAS, the City has determined that the City apportionment of Proposition 113, Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funding be used for SLO Transit capital projects; and . WHEREAS, the City of San Luis Obispo has been allocated $419,539 in the 2010 -11 through 2012 -13 funding year cycles from the PTMISEA program; and WHEREAS, the California Transit Security Grant Program (referred hereinafter as CTSGP) has allocated $4,561 of Proposition 1B (Prop 113) Safety and Security Grant funding to be used by the City for capital projects; and WHEREAS, the California Emergency Management Agency (Cal EMA) has been delegated the authority to award financial assistance for CTSGP projects and the San Luis Obispo Council of Governments (SLOCOG) is responsible for making programming recommendations to Cal EMA; and WHEREAS, the City of San Luis Obispo is requesting up to $48,076 in the 2010 -11 funding cycle from the CTSGP program for SLO Transit Security Enhancements Facility capital projects; and WHEREAS, a State assistance grant will impose certain obligations upon the City and will require the City provide the local share of project costs; and WHEREAS, the City will provide all annual Certifications and Assurances to the Proposition 1B, PTMISEA and CTSGP oversight agencies as required for grant programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The Council authorizes the City Public Works Director or his designee to submit necessary grant paperwork and other required information' for programming of $419;539 R 10277 Resolution No 10277 (2011 Series) Page 2 in 2010 -11- 2012 -13 PTMISEA funding for the SLO Transit Vehicle replacements; and SECTION 2. The Council authorizes the City Public Works Director or his designee to submit necessary grant paperwork and other required information for programming of $48,076,000 in 2010 -11 CTSGP funding for the Transit Facility Security Enhancement project which includes $4,561 in FY 2010 /11 local CTSGP funding to be used as local match for grant purposes; and SECTION 3. The City Public Works Director or his designee is authorized to execute for and on behalf of the City, a public entity established under the laws of the State of California, any actions necessary in the submittal of this or future applications for the purpose of obtaining financial assistance provided by the Proposition 1B, PTMISEA or CTSGP programs administered by the California Emergency Management Agency. Upon motion of Council Member Carter, seconded by Vice Mayor Ashbaugh, and on the following vote: AYES: Council Members Carter, Carpenter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 21 st day of June 2011 Vice 160orr John Ashbau ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: RESOLUTION NO. 10276 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING THE BY LAWS OF CERTAIN OF ITS ADVISORY BODIES WHEREAS, in accordance with the Charter of the City of San Luis Obispo, the San Luis Obispo Municipal Code, and its own resolutions, the City Council of the City of San Luis Obispo appoints individuals to serve on its advisory bodies; and WHEREAS, those advisory bodies have proposed bylaws to aid them in conducting their meetings fairly, smoothly, efficiently and in accordance with law; and WHEREAS, pursuant to Charter section 1204 and the Advisory Body Handbook, last adopted by the City Council in November 2008, the City Council biennially, following recommendations from its advisory bodies, is to review any proposed recommended changes to the bylaws of the advisory bodies and then adopt them; and WHEREAS, the City's advisory bodies have reviewed their bylaws and some of those bodies have recommended revision of their bylaws; and WHEREAS, City staff have also reviewed said bylaws and have made suggestions for their revision; and WHEREAS, at its regular meeting of June 21, 2011, the City Council reviewed proposed changes to advisory body bylaws as recommended by its advisory bodies and staff. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that the bylaws of the following advisory bodies are hereby amended to read as set forth in the attached revised bylaws, attached and incorporated herein as Exhibit A. The bylaws of these advisory bodies are amended by this action: Cultural Heritage Committee Human Relations Commission Jack House Committee Joint Use of Recreational Facilities Committee Mass Transportation Committee Personnel Board Planning Commission Promotional Coordinating Committee Tourism Business Improvement District R 10276 Resolution Number 10276 (2011 Series) Page 2 Upon motion of Council Member Carter, seconded by Vice Mayor Ashbaugh, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 2151 day of June 2011. ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: J "Stine Dietrick ity C Attorney G EXHIBIT A O � O CULTURAL HERITAGE COMMITTEE BYLAWS Amended by Resolution No. 10276 (2011 Series) ARTICLE 1. PURPOSE The Cultural Heritage Committee promotes the preservation of architectural, archaeological, historical and cultural resources in San Luis Obispo, by: a. Helping the public pursue cultural resource preservation projects. b. Sponsoring educational programs and research which improves our understanding of the community's history and archaeology. c. On request, commenting on the effects of public and private actions on community cultural resources. d. Helping with the administration of City- sponsored benefit programs. ARTICLE 2. COMPLIANCE WITH OTHER REQUIREMENTS The functioning of the Cultural Heritage Committee and all of its actions and decisions shall be in compliance with the provisions of the Advisory Body Handbook and with the provisions of City Resolution 6593 (1989 Series). ARTICLE 3. MEMBERSHIP A. The CHC will have seven members appointed by the City Council. Members must be residents and registered voters of the City. If possible, membership of the committee should include a person knowledgeable in local history, a person with training or experience in structural rehabilitation, a person knowledgeable on local archaeology, and a person with knowledge of architecture. B. If possible, the committee should include one resident from each of the five Historical Preservation Districts created but the Council is not limited to this district residency requirement when making appointments. ARTICLE 4. TERMS OF APPOINTMENT Members shall be appointed by the City Council for an initial term of a maximum of four years and may be reappointed for additional terms, not exceeding a total of eight years. ARTICLE 5. OFFICERS A. A Chairperson and Vice - Chairperson shall be elected by the committee at its first meeting in April for one -year terms. No person may serve in the office of Chairperson or Vice - Chairperson for more than two consecutive terms. Updated 2011 o • B. The Chairperson shall preside over all committee meetings, vote on all matters, appoint all subcommittees, call special meetings, and submit an annual report and budget to the committee for approval and presentation to the City Council. C. The Vice - Chairperson shall serve in the absence or incapacity of the Chairperson and perform such other duties as requested by the Chair. ARTICLE 6. MEETINGS A. The committee shall hold a regular meeting each month. All meetings shall be open to the public. Regular meetings shall be held at 530 p.m. on the fourth Monday of each month in the City Council Hearing Room, City Hall, 990 Palm Street, San Luis Obispo, California. B. A quorum shall consist of a majority of the established members. C. All action of the committee shall be decided by a majority vote or consensus of the quorum directed through the Chairperson. D. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. E. The Chairperson or quorum majority of the committee may call a special meeting, provided that all public notice requirements are met. F. All committee meetings shall be conducted according to City practices, customs, and policies. Robert's Rules of Order, Newly Revised, may be used as a guideline. G. All members present must vote, except when a member declares a conflict of interest. Any member declaring a conflict of interest shall not vote or participate in any related deliberations or action of the committee. ARTICLE 7. ABSENCES AND RESIGNATIONS A. If a member fails to attend three consecutive regular meetings or a total of six regular meetings within any 12 months, the member shall automatically be considered for replacement. The Chairperson of the committee shall inform the Council of such a situation and explain any special circumstances. B. Committee members are responsible for notifying the Chairperson or the Secretary in advance when an absence is anticipated. C. If a member needs to resign from the committee, the member shall immediately direct a letter to the City Council with copies forwarded to the committee Chairperson and City Clerk. CHC Bylaws, June 2011 Page 3 ARTICLE 8. SUBCOMMITTEES A. Subcommittees shall be appointed, as needed, by the Chairperson. Subcommittees may include non - committee members who shall have no voting power. ARTICLE 9. AMENDMENTS Bylaw amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the committee, provided that such amendments shall have been discussed by the committee on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments at least 10 days prior to the first meeting.. 0 BY LAWS HUMAN RELATIONS COMMISSION CITY OF SAN LUIS OBISPO ARTICLE 1. PURPOSE It is the purpose of the Human Relations Commission to advise the Council in its actions to create an environment within the City in which all persons can enjoy equal rights and opportunities regardless of race, religion, sex, sexual orientation, national origin, age, physical, mental or economic status. The Human Relations Commission shall make recommendations to the City Council or the City Manager on how these social concerns and human needs can best be addressed. ARTICLE 2. MEMBERSHIP AND TERMS OF OFFICE The HRC has seven members. Members must be residents and registered voters of the City. While there are no special qualifications for applicants, the Council usually seeks individuals with experience, or a demonstrated interest in community social issues. Commissioners shall be appointed by the City Council for terms of four (4) years, commencing on April 1 st. Commissioners shall serve at the pleasure of the City Council. Any Commissioner may be reappointed, provided that no appointee shall serve more than two (2) consecutive terms (8 years). ARTICLE 3. MEETINGS A The Commission shall hold a regular meeting each month but not less than ten (10) times a year. B Regular meetings will be held generally on the first Wednesday of the month at a specified time and place. C The Commission meetings shall be open to the public and shall be held at City Hall in the Council Hearing Room or other previously announced locations at specific times as required by California law. D A quorum shall consist of a majority of the established Commissioners. E All actions of the Commission shall be decided by a majority vote or consensus and shall be directed through the Commission Chair. F Minutes of each meeting shall be forwarded to the City Council and be available as a public record. G The Chairperson or any three members of the Commission may call a special meeting providing a week's prior notice is given in writing to each member. Revised 4/2011 G I I H All Commission meetings shall be conducted according to Robert's Rules of Order. I All members present must vote, except when abstaining due to a declared conflict of interest. J Any member with a declared conflict of interest shall not vote on or participate in any discussion of any item or in any manner attempt to influence the decision on that item. ARTICLE 4. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Commission shall be appointed, as needed, by the Chairperson. Study committees may include non - commission members who shall have no voting power. ARTICLE 5. OFFICERS A The officers shall be a Chairperson and a Vice - Chairperson who shall be elected at the Commission meeting in April for one -year terms. B The Chairperson shall preside over all meetings of the Commission, prepare all meeting agendas and perform such duties as directed by the Commission. C The Vice - Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 6. WORKPLAN The Commission shall develop a workplan on an annual basis. The workplan shall be a description of the activities that will be undertaken in order to meet the goals and objectives of the Commission. ARTICLE 7. AMENDMENTS By law amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the Commission, provided that such amendments shall have been discussed by the Commission on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments in writing at least ten (10) days prior to the first reading. Revised 4/2011 BY -LAWS JACK HOUSE COMMITTEE CITY OF SAN LUIS OBISPO Amended by Resolution No.10276 (2011 Series) ARTICLE 1. PURPOSE The Jack House and Grounds were deeded to the City of San Luis Obispo on March 10, 1975. In accepting the deed the City agreed to appoint a committee of seven members to advise the Council on the House and Grounds. The Jack House Committee is charged with the responsibility to advise the City Council on matters concerning: Facility use, fees and charges, capital improvements, and any other item affecting the House and Grounds. ARTICLE 2. COMMITTEE MEMBERSHIP The grant deed requires that persons with special expertise fill four of the seven seats on the Jack House Committee. The City Council has resolved that due to these special conditions and requirements, members may serve terms of undetermined length, the choice being left to individual committee members. Committee membership shall be as follows: 1. A member of the San Luis Obispo County History Center. 2. One member of the faculty, current or retired, of California Polytechnic State University College of Architecture and Environmental Design, preferably an architectural historian. 3. One member of the faculty, current or retired, of California Polytechnic State University College of Agriculture, preferably a horticulturist. 4. A member of the San Luis Obispo Parks and Recreation Commission. 5. A member at large (must reapply when term expires). 6. A member at large (must reapply when term expires). 7. A member at large (must reapply when term expires). Members are required to be residents and registered voters of the City. The docent chair shall serve as an ex- officio (non- voting) member and shall not count toward a quorum. ARTICLE 3. MEETINGS A. The Committee shall hold a regular meeting each month but not less than ten (10) times a year. B. Meetings will be held at 5:30 P.M. the second Wednesday of each month. C. The Committee meetings shall be open to the public and shall be held at the Parks and Recreation Department Office, the Jack House or any other previously announced locations at specific times as required by California law. D. A quorum shall consist of a majority of the Committee members currently serving. C E. All actions of the Committee shall be decided by a majority vote or consensus and shall be directed through the Committee Chair. F. Minutes of each meeting shall be forwarded to the City Council and be available as a public record. G. The Chairperson or any three members of the Committee may call a special meeting providing a week's prior notice is given in writing to each member. H. All Committee meetings shall be conducted according to Robert's Rules of Order. I. All members shall vote. Any member with a declared conflict of interest shall not vote on or participate in any discussion of any item or in any manner attempt to influence the decision on that item. ARTICLE 4. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee shall be appointed, as needed, by the Chairperson. Study committees may include non - committee members who shall have no voting power. ARTICLE 5. OFFICERS A. The officers shall be a Chairperson and a Vice - Chairperson who shall be elected at the Committee meeting in April for one -year terms. B. The Chairperson shall preside over all meetings of the Committee, assist in preparing all meeting agendas and perform such duties as directed by the Committee. C. The Vice - Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 6. STAFF The Director of Parks and Recreation or designate is the staff liaison to the Jack House Committee. The Director may designate such other staff as is necessary to provide support to the Committee. Public Works staff shall give assistance to the Committee on a regular basis. ARTICLE 7. WORK PLAN The Committee shall develop a work plan on an annual basis. The work plan shall be a description of the activities that will be undertaken in order to meet the goals and objectives of the Committee. EX4 #10111WWA l0l0QvWWW" Prior to May 1, in each odd number year, these by -laws shall be reviewed by the Committee. By- law amendments shall be submitted for Council approval by an affirmative vote of the members present at a regular meeting of the Committee, provided that such amendments shall have been discussed by the Committee on the agenda of at least two meetings prior to the vote. The members shall receive the proposed amendments in writing at least ten (10) days prior to the first meeting. RESTATED BYLAWS OF THE ADVISORY COMMITTEE ON SHARED USE OF RECREATIONAL FACILITIES I. PURPOSE The Advisory Committee on Shared Use of Recreational Facilities [The Committee] provides recommendations to the City Council of the City of San Luis Obispo and the San Luis Coastal Unified School District Board of Trustees regarding those facilities that have been mutually designated as Joint Use Facilities; and for the operation of the recreational facilities, priority for use of the facilities, and development of new recreational facilities in Sinsheimer Park. The Committee provides recommendations to the City Council on Joint Use Agreements between the City, County and other appropriate agencies for the Shared Use of Facilities. The Committee provides recommendations for the expenditure of those funds designated by the City Council for the improvement of shared use recreational facilities. II. STAFF The Committee is staffed by, the Recreation Supervisor and a minute taker designated by the Department. A staff member from the San Luis Coastal Unified School District shall serve as a liaison to the Committee. III. MEMBERSHIP Membership in the committee consists of seven five (7) members appointed by majority vote of the City Council. Terms are for four years. One member shall be a representative of the Parks and Recreation Commission. The terms shall commence on April 1 of each year. No appointee shall serve on the joint use committee for more than two (2) consecutive, full terms (8 years). A mid -term appointment to a vacant seat shall not preclude the appointee from serving two additional consecutive full terms, provided that the initial, partial term served is less than one (1) year. IV. OFFICERS In April, at its regular meeting, the membership shall elect a chairperson, vice chairperson and such other officers as may be needed. The term of office of the chairperson and vice chairperson shall be one (1) year, commencing upon election. No person shall serve in the office of chairperson or vice chairperson for more than two (2) consecutive terms. For the purposes of this section, completion of a partial term of office as chairperson or vice chairperson shall not preclude an advisory body member from serving two (2) additional consecutive full terms, provided that the partial term served is less than six (6) months. The chairperson shall preside over all meetings of the committee, approve meeting agendas, attend the Mayor's Quarterly Meetings, and perform such other duties as directed by the committee. V. MEETINGS Unless otherwise designated, regular meetings of the committee shall be held monthly on the fourth (4th) Tuesday of each month five thirty (5:30 p.m.) at the Ludwick Community Center and shall be open to the public. Special meetings may be called by the chairperson or any three (3) members of the committee, provided that seven (7) days prior notice is given to each member. In any event, meetings shall always be held within the jurisdictional limits of the City of San Luis Obispo, shall be open and public meetings and notice shall be given of the meetings to any requesting party at least twenty-four (24) hours prior to the meeting. A quorum shall consist of a majority of the established members. All committee meetings shall be conducted according to City practices, customs, and policies. Roberts Rules of Order, Newly Revised, may be used as a guideline. VI. COMMITTEES O A Subcommittee may be appointed, as needed, by the chairperson. A quorum of a subcommittee shall consist of a majority membership of that subcommittee. VII. AMENDMENTS Prior to May 1 in each odd numbered year; these bylaws shall be reviewed by the Committee. Any proposed changes shall be submitted to the City Council and the School Board for approval. If no changes are proposed, a report of the review shall be submitted. These bylaws may be amended by the majority vote of the committee members present at a regular meeting, provided that a quorum is present. Members shall receive the proposed amendments at least ten (10) days prior to the meeting in which amendment is proposed. IN WITNESS WHEREOF, we, the undersigned, being the Chairperson and Vice Chair of the Advisory Committee on Joint Use of Recreational Facilities, do certify that the Restated Bylaws set forth above constitute the bylaws of the said committee adopted on April 13, 2011. DATED: ATTEST: Jesse Bilsten, Chair David Robbins, Vice Chair BYLAWS MASS TRANSPORTATION COMMITTEE CITY OF SAN LUIS OBISPO Amended by Resolution No. 10276 (2011 Series) ARTICLE 1. PURPOSE The purpose of the Mass Transportation Committee is to advise City staff and the City Council on all matters related to public transportation in San Luis Obispo (buses, trolley, and taxi). ARTICLE 2. COMMITTEE MEMBERSHIP The Committee has seven voting members, consisting of one Cal Poly employee designated by Cal Poly and one Cal Poly student representative designated by Associated Students, Inc. (ASI); one person 62 years of age or older; one person from the business community; one person with technical transportation planning experience; one person with a disability; one member -at- large. In addition, when possible, two alternate members selected from the general public will be appointed. The Cal Poly and technical planning representatives are exempt from the residency requirements. All other members must be residents and registered voters of the City. ARTICLE 3. TERMS OF OFFICE Committee members will be appointed by the City Council to staggered terms of four years. Committee members will serve at the pleasure of the City Council. Any Committee member may be reappointed, providing no appointee serves more than two consecutive terms (8 years). A member who has served 8 years. can be reappointed after a one year absence from the Committee. ARTICLE 4. MEETINGS A. The Committee will hold a regular meeting at least quarterly. B. The Committee will approve an annual regular meeting schedule by June of each year. C. The Committee meetings will be open to the public and held at the Council Hearing Room City Hall, or other previously announced locations. D. A quorum will consist of a majority of the established Committee members. E. All actions of the Committee will be decided by a majority vote or consensus and will be directed through the committee chair. F. Minutes of each meeting will be available as a public record in the Public Works Department. Updated 6/21/2011 G. The Chairperson or any four members of the Committee may call a special meeting, provided that a week's prior notice is given in writing to each member. H. All Committee meetings will be conducted in accordance with City practices, customs, and policies. Roberts Rules of Order, Newly Revised, may be used as a guideline. I. All members present must vote, except when abstaining due to a declared conflict of interest. A failure or refusal to vote when present (except for a declared conflict of interest) will be construed as an affirmative vote. J. Any member with a declared conflict of interest will not vote or participate in any discussion of any item or in any manner attempt to influence the decision on that item. K. If, or when a voting member of the MTC is absent from an MTC meeting, one of the Alternate members shall take the place of the voting member in order to maintain as many voting members as possible. If only one voting member of the MTC is absent, choice between the two alternates will be decided by a fair game of chance such as a coin flip or role of the die performed by the Chairperson of the MTC. ARTICLE 5. SUBCOMMITTEES Subcommittees consisting of less than a quorum of the Committee can be appointed as needed by the Chairperson. ARTICLE 6. OFFICERS A. The officers will consist of a Chairperson and Vice - Chairperson who will be elected at the Committee meeting in April or May for one year terms that commence the first meeting of the next fiscal year. B. The Chairperson will preside over all meetings of the Committee, prepare (with the assistance of staff) all meeting agendas and perform such duties as directed by the Committee. C. The Vice - Chairperson will serve in the absence or incapacity of the Chairperson. ARTICLE 7. POLICIES The Committee adopts policies as stated in the City of San Luis Obispo Advisory Body Handbook, incorporated herein by reference. 2 Updated 6/21/20 11 CITY OF SAN LUIS OBISPO PERSONNEL BOARD BY -LAWS ARTICLE 1. PURPOSE It is the purpose of the Personnel Board to hear employee appeals from disciplinary action and to review employee grievances. The Board shall then make advisory recommendations to the City Council. The Personnel Board shall also perform other duties pertaining to personnel management as directed by the City Council. ARTICLE 2. MEMBERSHIP AND TERMS OF OFFICE Five (5) members of the Personnel Board shall be appointed by the City Council and shall serve for terms of four (4) years. Members must be residents and registered voters of the City. a. Appointments will be made in a staggered every other year pattern, such that two (2) members' terms will expire during a given year and the terms of the other three (3) members will expire two (2) years later. b. Any vacancies on the Personnel Board shall be filled for the unexpired term of the person replaced. c. Members shall be appointed for no more than two (2) consecutive terms (8 years). ARTICLE 3. OFFICERS The officers shall be a Chairperson and a Vice - Chairperson who shall be elected at the first meeting of alternate calendar years to serve two -year terms. a. The Chairperson shall preside over all meetings of the Personnel Board, subpoena witnesses and require the production of books, papers and any other materials pertinent to the investigation or hearing. b. The Vice - Chairperson shall serve in the absence of the Chairperson.. c. The City Attorney's Office shall serve as legal advisor to the Board, preparing necessary documents for the Board to review in advance of the hearing and during deliberations after the hearing. However, if the City Attorney's Office represents a City Department during the hearing on an employee disciplinary action or grievance or any disqualifying due process issue is identified, outside counsel will be provided to serve as legal advisor to the Board. EO d. The Director of Human Resources or his or her designee shall serve as recording secretary, keeping record of all meetings, and shall issue all necessary notices, copies of agendas, minutes and copies of necessary documents. ARTICLE 4. MEETINGS a. The Personnel Board shall meet as needed. b. Three (3) members of the Board . shall constitute a quorum for the transaction of business. However, for the purpose of a hearing on appeal of a disciplinary action, no Board member may vote on a decision if absent from part of a hearing, unless such member certifies that he /she listened to a recording of or read the transcript of the missed portion of the hearing. c. Pursuant to Personnel Exception of the Brown Act (Government Code Section 54957), a meeting may be closed to the public at the request of any appellant when the pending issue deals with a particular employee. d. The Chairperson or the legal advisor to the Board shall administer oaths to all witnesses appearing before the Board. Any regular officer or employee of the City who fails to take the oath or fails to testify truthfully under oath at a hearing shall be subject to disciplinary action. e. All grievance and disciplinary appeal hearings shall be recorded. f. At the request of the appellant, a court reporter shall be used. The cost of the court reporter shall be paid as agreed upon by both sides. g. All actions of the Board shall be decided by majority vote, and shall be directed through the Board Chairperson. h. The Board may meet with its legal advisor, as needed and outside the presence of any other persons, to receive opinions and advice. i. The Board may direct the parties to submit hearing briefs outlining the facts and arguments to be presented prior to any hearing. The Chairperson shall establish a schedule for submission of the hearing briefs. ARTICLE 5. AMENDMENTS At such time as these by -laws need to be amended, the Director of Human Resources shall meet and determine an appropriate procedure for making such amendment(s). PLANNING COMMISSION BYLAWS Amended by Resolution No. 10276 (2011 Series) MEMBERSHIP The Planning Commission has seven members who are not necessarily planning professionals. Members must be residents and registered voters of the City. No special training is required for appointment. Members occasionally may be requested to attend seminars and workshops to enhance skills in planning. I. MEETINGS A. Regular meetings shall be held at 6:00 p.m. on the second and fourth Wednesday of each month. B. No agenda item shall be introduced after 11:00 p.m. without the consent of a majority of commissioners present. C. Regular meetings shall be held in the City Council Chambers, City Hall, 990 Palm Street, San Luis Obispo, California. D. In the event the Planning Commission desires to hold all or any portion of a regular meeting at a place other than the City Hall, then the place of such meeting shall be posted on the bulletin board located at the entrance to City Council Chambers prior to the time herein designated for such regular meetings in accordance with law. II. ELECTION OF OFFICERS A. The Commission shall select a Chairperson and Vice- Chairperson from among its members to serve for a one year term beginning the first meeting in April of each year. B. Commissioners shall serve as Chairperson or Vice - Chairperson at the discretion of the Commission. C. The Chairperson shall preside at all meetings of the Commission. The Vice - Chairperson is Chairperson in the absence of the Chairperson or in case of inability of the Chairperson to act. D. No person shall serve as Chairperson or Vice - Chairperson for more than two consecutive terms. III. CONDUCT OF MEETINGS A. Commissioners should address questions through the Chairperson. 1 Updated 6/21/2011 C C B. Members of the audience should address commissioners or other persons present through the Chairperson. C. Procedure for reviewing public hearing items: After roll call the Chairperson shall announce to the public the procedures to be followed to consider the public hearing items and then proceed as follows: 1. The Chairperson shall introduce the items and ask for oral staff reports. 2. The staff report precisely submitted to the Planning Commission shall be placed into the record with all communications received regarding the proposal. Staff reports shall be submitted for all public hearing items in a form acceptable to the commission. 3. The applicant shall be invited to make a presentation on behalf of the request. 4. Members of the public wishing to speak in favor or in opposition of the application shall be invited to make a presentation. 5. The applicant shall have the opportunity at the end of the public hearing to address comments made by the public and address any further commission questions. 6. The public hearing shall be closed to the public and discussion confined to members of the commission; provided that the commission may reopen the public hearing at any time prior to a decision on an item on an affirmative vote of the majority of those members present. 7. The commission, upon formal motion, shall take action to dispose of the proposal. The Chairperson shall announce the vote and thereafter, inform the applicant and public of the right of appeal and procedures for filing such appeal. IV. QUORUM Four members of the Planning Commission constitute a quorum for transacting business. V. VOTING A. Except as otherwise provided in the San Luis Obispo Municipal Code and state law, no resolution, motion or any other action shall be passed or become effective without receiving the affirmative vote of at least a majority of members present. B. Failure to receive such an affirmative vote shall result in failure or denial, as appropriate, of the motion, resolution or other action. 2 Updated 6/21/2011 0 0 C. Except as allowed under the Political Reform Action of 1974, any member abstaining due to a declared conflict of interest shall not participate in the discussion of the items or otherwise influence or attempt to influence in any manner the decision on the item. D. All members, when present, must vote except when abstaining due to a declared conflict of interest. E. Failure or refusal to vote when present - except for a declared conflict of interest — shall be counted as an affirmative vote. VI. PUBLIC RECORDS Records of all public hearings shall be made available to the public in the office of the Community Development Department. VII. ATTENDANCE A. Any member of the Planning Commission who fails, for any reason, to attend three (3) consecutive regular meetings, or a total of six (6) regular meetings within any 12 -month period, shall be automatically considered by the City Council for replacement. The chairperson of the Planning Commission shall inform the Council of such a situation, explaining any special circumstances. B. Any member of the Planning Commission who fails, for any reason, to attend three (3) consecutive regular, adjourned regular, or specially- scheduled (excluding Commission site visits) meetings, or a total of six (6) such commission meetings within any 12 -month period, shall be reviewed by the Chairperson for possible referral to the City Council. VIII. POLICY All matters of policy not covered by law may be adopted as a "Resolution of Policy" and when so adopted shall be considered the official policy of the Planning Commission subject to ratification of the City Council. 3 Updated 6/21/2011 CI CITY OF SAN LUIS OBISPO PROMOTIONAL COORDINATING COMMITTEE BYLAWS ARTICLE 1 PURPOSE The Promotional Coordinating Committee (PCC) advises the Council in working to improve the quality of life for all City residents and our visitors. The committee recommends projects to help promote the City as a regional trade, recreation, and tourist center, consistent with community goals. ARTICLE 2 MEMBERSHIP The PCC shall consist of seven (7) members appointed by the Council. Six of the members shall be resident of the City of San Luis Obispo. The seventh member shall be the chair of the Tourism Improvement District (TBID) Board as appointed by the TBID Board. Committee members shall be appointed for a term of four (4) years, commencing on April 1 S` or other date as directed by the Council. No committee member shall serve more than two (2) consecutive terms (eight years) on the PCC. Any committee member who has been appointed to fill a vacant seat in mid -term shall not be precluded from thereafter serving two (2) four -year terms (eight years), so long as the initial, partial term is less than one (1) year. The representative from the TBID Board shall serve a tern concurrent with his/her term as the chairperson of the TBID Board. ARTICLE 3 OFFICERS The officers shall be a Chairperson and a Vice Chairperson, each of whom shall be elected for a one -year term at the March meeting of the PCC for the term starting in April. No committee member shall serve more than two (2) consecutive one -year terms as Chairperson or Vice Chairperson. Any committee member who has been appointed to fill a vacant seat as Chairperson or Vice Chairperson in mid -term shall not be precluded from thereafter serving as Chairperson or Vice Chairperson for two (2) consecutive one -year terms, so long as the initial, partial term is less than six (6) months. The Chairperson shall preside over all meetings of the PCC, prepare all meeting agendas with staff, and otherwise perform such duties as directed by the PCC or Council. The Vice Chairperson shall serve in the absence or incapacity of the Chairperson. 0 0 ARTICLE 4 MEETINGS A. The PCC shall hold a regular meeting each month, but not less than ten (10) times per year. B. The meetings are to be held at City Hall, the second Wednesday of each month, unless another location and/or time has been announced as required by California law. C. The meetings shall be open to the public. D. A quorum shall consist of a majority of the commissioners currently serving on the PCC. E. All actions of the PCC shall be by a majority vote or consensus and shall be directed through the Chairperson. F. Minutes of each meeting shall be taken and forwarded to the Council and shall be available as a public record. G. A special meeting may be called at any time by the Chairperson or by a majority of the committee members currently serving on the PCC, provided each member is given written notice of the special meeting at least 24 hours prior to the meeting, and the time and place of the special meeting is announced as required by California Law. H. All meetings shall be conducted in general accordance with Robert's Rule of Order, newly revised edition, subject to minor variation by the Chair as appropriate to the needs of the advisory body. I. All committee members present at a meeting shall vote on any motion or resolution brought before the PCC, except when abstaining due to a conflict of interest. J. Any committee member with a conflict of interest shall not vote on or participate in any discussion of an item or in any way attempt to influence the decision on such item. K. Any failure to attend three (3) regular meetings within any twelve -month period, that member shall automatically be considered for replacement. ARTICLE 5 SUBCOMMITTEES Subcommittees shall be appointed, as needed, by the Chairperson. Standing subcommittees are the Grants -in -Aid and Promotional Contracts subcommittees. The subcommittee members will serve for a two (2) year term. After two years they will automatically rotate to the other standing subcommittee. o ARTICLE 6 FUNCTIONS AND DUTIES The functions and duties of the PCC shall include, but not be limited to, the following: A. Planning a comprehensive program to promote the City of San Luis Obispo and prepare an annual marketing program consistent with City goals and objectives. B. Develop promotional programs and projects for the City of San Luis Obispo. C. Hear requests for financial aid from cultural and promotional groups seeking grants from the City of San Luis Obispo and make recommendations to the Council thereon. D. Present an annual assessment report to the City Council regarding the Promotional Coordinating Committee's Grants -in -Aid program and other programs as appropriate. E. Initiate and support community activities that are meaningful to residents and visitors of the City of San Luis Obispo. F. Provide a liaison with grant recipients who work to promote the quality of life for residents and visitors of the City of San Luis Obispo. G. Perform any other lawful tasks as directed by the Council. ARTICLE 7 AMENDMENTS These bylaws may be amended by the Council, upon the recommendations of two- thirds of the committee members currently serving on the PCC, provided that the text of any such proposed amendment shall have first been provided in writing to each committee member. C C TOURISM BUSINESS IMPROVEMENT DISTRICT BOARD CITY OF SAN LUIS OBISPO BYLAWS ARTICLE 1 PURPOSE The Tourism Business Improvement District Board (TBID Board) advises the Council in the administration and use of the TBID assessment funds. The committee recommends projects to promote tourism to the City of San Luis Obispo to directly benefit the City's lodging industry. ARTICLE 2 TERMS OF OFFICE The TBID BOARD shall consist of seven (7) members from the San Luis Obispo City lodging industry as appointed by the Council. Committee members shall be appointed for a term of four (4) years, commencing on April I" or any other date as directed by the Council. No committee member shall serve more than two (2) consecutive terms (eight years) on the TBID BOARD. Any committee member who has been appointed to fill a vacant seat in mid -term shall not be precluded from thereafter serving two (2) four -year terms (eight years), so long as the initial, partial term is less than one (1) year. ARTICLE 3 OFFICERS The officers shall be a Chairperson and a Vice Chairperson, each of whom shall be elected for a one -year term at the March meeting of the TBID Board for a term starting in April. No committee member shall serve more than two (2) consecutive one -year terms as Chairperson or Vice Chairperson. Any committee member who has been appointed to fill a vacant seat as Chairperson or Vice Chairperson in mid -term shall not be precluded from thereafter serving as Chairperson or Vice Chairperson for two (2) consecutive one- year terns, so long as the initial, partial term is less than six (6) months. The Chairperson shall preside over all meetings of the TBID Board, prepare all meeting agendas with staff, and otherwise perform such duties as directed by the TBID Board or Council. The immediate Past Chairperson shall automatically serve as the Vice Chairperson in order to give support to the incoming Chairperson and guarantee continuity and stability 0 0 for the board proceedings during the absence of the Chairperson. The Vice Chairperson shall serve in the absence or incapacity of the Chairperson. ARTICLE 4 MEETINGS A. The TBID BOARD shall hold a regular meeting each month and no less than ten (10) times per year. B. The meetings are to be held at City Hall, the second Wednesday of each month, unless another location and/or time has been announced as required by California law. C. The meetings shall be open to the public. D. A quorum shall consist of a majority of the commissioners currently serving on the TBID BOARD. E. All actions of the TBID BOARD shall be by a majority vote or consensus and shall be directed through the Chairperson. F. Minutes of each meeting shall be taken, shall be available as a public record and forwarded to the Council if requested. G. A special meeting may be called at any time by the Chairperson or by a majority of the committee members currently serving on the TBID BOARD, provided each member is given written notice of the special meeting at least 24 hours prior to the meeting, and the time and place of the special meeting is announced as required by California Law. H. All meetings shall be conducted in general accordance with Robert's Rule of Order, newly revised edition, subject to minor variation by the Chair as appropriate to the needs of the advisory body. I. All committee members present at a meeting shall vote on any motion or resolution brought before the TBID BOARD, except when abstaining due to a conflict of interest. J. Any committee member with a conflict of interest shall not vote on or participate in any discussion of an item or in any way attempt to influence the decision on such item. K. Any failure to attend three (3) consecutive meetings or a total of six (6) regular meetings within any twelve -month period, that member shall automatically be considered for replacement. C, ARTICLE 5 FUNCTIONS AND DUTIES The functions and duties of the TBID BOARD shall include, but not be limited to, the following: A. Planning a comprehensive program to promote tourism to the City of San Luis Obispo and prepare an annual marketing program consistent with industry goals and objectives. B. Develop advertising and promotional programs and projects to benefit the lodging industry in San Luis Obispo. C. Present an annual assessment report to the City Council regarding the implemented promotional programs and projects. D. Perform any other lawful tasks as directed by the Council. ARTICLE 6 AMENDMENTS These bylaws may be amended by the Council, upon the recommendations of two- thirds of the committee members currently serving on the TBID BOARD, provided that the text of any such proposed amendment shall have first been provided in writing to each committee member. (7,, I V RESOLUTION NO. 10275 (2011 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SAN LUIS OBISPO COUNTY ASSESSOR TO ASSESS AMOUNTS DUE ON DELINQUENT SOLID WASTE COLLECTION AND DISPOSAL ACCOUNTS AS LIENS AGAINST THE PROPERTIES WHEREAS, Section 8.04.070 of the San Luis Obispo Municipal Code establishes that all developed properties in the City must use the solid waste collection and disposal service provided by the City's franchisee, that the franchisee is responsible for collecting fees for their services, and that owners of developed properties are responsible for paying for the service; and WHEREAS, Section 8.04.070 of the Municipal Code further provides a method by which, once each year, the franchisee may take actions to collect fees from the owners of developed properties which have delinquent solid waste collection and disposal accounts; and WHEREAS, the franchisee, San Luis Garbage Company, has taken the actions required within the Municipal Code to collect fees from delinquent accounts as certified by franchisee and incorporated herein. NOW, THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo hereby authorizes the San Luis Obispo County Assessor to assess the amounts due on delinquent accounts as established and certified by franchisee San Luis Garbage Company as liens against the properties listed below. Property Owner Parcel Number Property Address Amount John Anderson 053- 221 -038 3398 Broad St $63.80 ANIDA LLC 001 - 031 -018 221 Casa St $96.31 Andrea Bergquist 052 -494 -005 621 Stanford Dr $68.80 Valana Crawford 001 - 124 -023 618 Johnson Ave $107.48 Keith Hall 052 - 163 -027 87 Palomar Ave $208.20 Robert L. Gordon 001- 136 -010 1532 Monterey $236.00 John Hamers 004- 973 -015 2803 Johnson Ave $128.64 Concepcion Hernandez 003 - 736 -008 2122 Harris St $74.40 Melanie Leatherbu 004 -401 -006 1251 W. Newport St $108.24 David Anholm 052- 382 -020 294 Craig Way $154.08 Concepcion Hemandez 004 - 973 -016 2801 Johnson Ave Apt 4 $187.20 Michelle Mason 004- 563 -052 1137 Laurel Lane $79.40 Sherry Merino 003 - 566 -018 1780 Johnson Ave $305.29 Skene Mood 003 -687 -071 2151 Sierra Way $154.08 John Pryor 053 - 023 -028 230 Loma Bonita Dr $172.20 Vadim Rozhkov 004 - 733 -005 1240 Joyce Ct $182.60 Charles C. Snyder 053 - 182 -029 3191 S Hi uera St $328.74 John Sheppard 004 - 393 -009 2719 El Cerrito St $112.00 Charles C. Snyder 001 - 251 -019 2038 San Luis Dr $208.20 Eleanor G. Snyder 003 - 564 -007 1672 Fairview St $154.08 Charlene Souza 004- 902 -013 2473 Lawton Ave $144.70 Menzo A. Baird 053 - 183 -045 3175 Calle Malva $87.90 Georgina Walters 053 - 300 -020 1286 Chaparral Cir $154.08 Lawrence M. Wam ler 053 -414 -003 966 Fuller Rd $154.08 �1 Resolution No. 10275 (2011 Series) Page 2 Upon motion of Council Member Carter, seconded by Vice Mayor Ashbaugh, and on the following vote: AYES: Council Member Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 215i day of June 2011. ATTEST: i Elaina Cano City Clerk APPROVED AS TO FORM: J. ChKstine Dietrick City Attomey RESOLUTION NO. 10274 (2011 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO INCREASING PARKING CITATION FINES; ESTABLISHING ADMINISTRATIVE FEE PER CALIFORNIA VEHICLE CODE SECTION 40226; AND COMMERCIAL LOADING ZONE PERMIT COSTS; AND SUPERSEDING INCONSISTENT FEES AND FINES IN PRIOR RESOLUTIONS WHEREAS, State law provides, in Vehicle Code Section 40203.5, that cities establish the amount of parking penalties, fees, and surcharges; and WHEREAS, State law authorizes the City to recover administrative fees, parking penalties, fees and collection costs related to civil debt collection, late payment penalties, and other related charges; and WHEREAS, the City wishes to provide secure and user friendly parking for all users of the parking structures; and WHEREAS, the parking program needs to continue to be self - sufficient for its financial commitments; and WHEREAS, the Council considered the Parking Revenue Enhancements staff report and held a public meeting on the proposed changes to the parking citation fines and the establishment of additional fees.. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective July 1, 2011, parking fines shall be modified (see Exhibit A) as follows: a. Increase overtime parking violation (SLOMC Section 10.040.010) from $33 to $38 b. Increase restricted parking violation (SLOMC Section 10.036.235) from $28 to $33 SECTION 2. Effective July 1, 2011, there is hereby: a. Establish an administrative fee of twenty -five dollars ($25) to process cancellation of a citation for failure to display a disabled placard in any case where the individual who receives a citation can show proof that he or she had been issued a valid placard at the time the citation was received. (CVC 40226 - Failure to Display Disabled Placard. Administrative Charge) SECTION 3. Effective July 1, 2011, increase the Commercial Loading Zone Permit from $25 year to $60 year. R 10274 i Resolution No. 10274 (2011 Series) Page 2 Upon motion of Council Member Carter, seconded by Vice Mayor Ashbaugh and on the following vote: AYES: Council Members Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Member Carpenter ABSENT: None The foregoing resolution was adopted this 14th day of June, 2011. G y r Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: Christine Dietrick City Attorney EXHIBIT A SLMC 10.40.020 CITY OF SAN LUIS OBISPO PENALTY SCHEDULE 28 REV. 6/14/11 EFFECTIVE DATE: JULY 1, 2011 21 CODE & SECTION DESCRIPTION PENALTY SLMC 10.12.050 INTERFERENCE WITH POLICE/AUTHORIZED OFFICER 93 SLMC 10.14.030 OBEDIENCE TO TRAFFIC CONTROL DEVICES 58 SLMC 10.14.090 UNAUTHORIZED PAINTING ON CURBS 58 SLMC 10.36.020 STOPPING OR STANDING IN PARKWAYS PROHIBITED 33 SLMC 10.36.030 STOP /STAND /PARK IN VIOLATION OF CHAPTER 33 SLMC 10.36.040 NO PARKING ZONE - PROHIBITED PARKING - Also Taxi Zone (d) 53 SLMC 10.36.050 USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED 23 SLMC 10.36.070 REPAIRING OR GREASING VEHICLE ON PUBLIC STREET 23 SLMC 10.36.080 WASHING OR POLISHING VEHICLES 23 SLMC 10.36.090 PARKING ADJACENT TO SCHOOLS 23 SLMC 10.36.100 PARKING PROHIBITED ON NARROW STREETS 23 SLMC 10.36.110 PARKING ON GRADES 23 SLMC 10.36.120 UNLAWFUL PARKING - PEDDLERS, VENDORS 23 SLMC 10.36.130 EMERGENCY PARKING SIGNS 23 SLMC 10.36.140 LARGE/COMMERCIAL VEHICLE PARKING NEAR INTERSECTION 23 SLMC 10.36.150 NIGHTTIME PARKING OF LARGE VEHICLES 23 SLMC 10.36.160 NIGHTTIME PARKING OF VEH W /OPERATING AIR /REFRIGERATION 23 SLMC 10.36.200 PARKING IN A RESIDENTIAL PERMIT PARKING AREA 38 SLMC 10.36.230 PERMITS - DISPLAY OF PERMITS 28 SLMC 10.36.233 PARKING IN YARD 48 SLMC 10.40.020 BACKING INTO PARKING SPACE PROHIBITED 28 SLMC 10.40.040 PARKING PARALLEL ON ONE -WAY STREETS 21 SLMC 10.40.050 DIAGONAL PARKING 21 SLMC 10.40.060 PARKING SPACE MARKINGS 33 SLMC 10.40.070 NO STOPPING ZONE 21 SLMC 10.40.080 ALL NIGHT PARKING PROHIBITED (3 -5am) 38 SLMC 10.44.020 CURB MARKING TO INDICATE NO STOPPING /PARKING REGS, 23 SLMC 10.44.030 EFFECT OF PERMISSION TO LOAD /UNLOAD IN YELLOW ZONE 53 SLMC 10.44.040 EFFECT OF PERMISSION TO LOAD /UNLOAD IN WHITE ZONE 33 SLMC 10.44.050 STANDING IN ANY ALLEY 33 SLMC 10.44.070 HANDICAPPED PARKING 288 SLMC 10.48.010 CERTAIN VEHICLES PROHIBITED IN CENTRAL DISTRICT 58 SLMC 10.48.020 ADVERTISING VEHICLES 33 SLMC 10.48.030 ANIMAL DRAWN VEHICLES 33 SLMC 10.48.040 TRUCK ROUTES 88 SLMC 10.48.050 COMM. VEHICLES PROHIBITED FROM USING CERTAIN STREETS 88 SLMC 10.48.060 MAX. GROSS WT. LIMITS OF VEHICLES ON CERTAIN STREETS 88 SLMC 10.52.040 PARKING METERS - OPERATIONAL PROCEDURES 23 SLMC 10.52.050 UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED 33 SLMC 10.52.060 UNLAWFUL TO EXTEND TIME BEYOND LIMIT 15 SLMC 10.52.070 IMPROPER USE OF METER 15 SLMC 10.52.080 PARKING METERS /STANDARDS - PROPER USE 15 SLMC 10.52.110 MOTORCYCLE SPACES 15 CVC 5204(a)• CURRENT TAB IMPROPERLY ATTACHED "114 CVC 21113(a) VEHICLE OR ANIMAL ON PUBLIC GROUNDS - MOVING 116 CVC 21113(b) VEHICLE OR ANIMAL ON PUBLIC GROUNDS - PARKING 33 CVC 21113 (c) DRIVEWAYS, PATHS, PARKING FACILITIES ON GROUNDS 33 CVC 22500.1 STOPPING /STANDING /PARKING: FIRE LANE 116 Page I n I 1 CITY OF SAN LUIS OBISPO PENALTY SCHEDULE REV. 6/14111 EFFECTIVE DATE: JULY 1, 2011 CODE S SECTION DESCRIPTION PENALTY CVC 22500(a) STOPPING /STANDING /PARKING: WITHIN INTERSECTION 33 CVC 22500(b) STOPPING /STANDING /PARKING: ON A CROSSWALK 33 CVC 22500(c) STOPPING /STANDING /PARKING: BETWEEN SAFETY ZONE 33 CVC 22500(d) STOPPING /STANDING /PARKING: W /IN 15' FIREHOUSE ENTRANCE 33 CVC 22500(e) STOPPING /STANDING /PARKING: PUBLIC /PRIVATE DRIVEWAY 33 CVC 22500(f) STOPPING /STANDING /PARKING: ON SIDEWALK 33 CVC 22500(g) STOPPING /STANDING /PARKING: ALONG /OPPOSITE OBSTRUCT 33 CVC 22500(h) STOPPING /STANDING /PARKING: ON ROADWAY SIDE OF VEHICLE 33 CVC 22500(i) IMPROPER PARKING IN BUS ZONE 263 CVC 225000) STOPPING /STANDING /PARKING: IN TUBE OR TUNNEL 33 CVC 22500(k) STOPPING /STANDING /PARKING: UPON BRIDGE EXCEPTAUTH 33 CVC 22500(1) IMPROPER PARKING IN WHEELCHAIR ACCESS 263 CVC 22502(a) CURB PARKING 33 CVC 22502(b) PARKING OPPOSITE DIRECTION OF TRAFFIC 33 CVC 22502(c) CURB PARKING - WHEELS MORE THAN 18 INCHES FROM CURB 33 CVC 22504(a) UNINCORPORATED AREA PARKING 33 CVC 22505(a) PARKING ON STATE HIGHWAY WHERE SIGN POSTED 33 CVC 22505(b) POSTED NO PARKING - STATE HIGHWAY 33 CVC 22507 UNLAWFUL PARKING 33 CVC 22507.8(a) PARKING IN SPACE FOR HANDICAPPED 288 CVC 22507.8 (b) PARKING IN SPACE FOR HANDICAPPED - OBSTRUCT /BLOCK 288 CVC 22507.8(c)(1) PARKING IN SPACE FOR HANDICAPPED - ON LINES MARKED 288 CVC 22507.8(c)(2) PARKING IN SPACE FOR HANDICAPPED - PARKING LOT 288 CVC 22510 PARKING IN SNOW REMOVAL AREAS 33 CVC 22511.7 HANDICAP ZONE 288 CVC 22512 VEHICLE UNATTENDED 116 CVC 22513 TOW CARS - PARKING ON FREEWAY 33 CVC 22514 FIRE HYDRANTS 63 CVC 22515(a) UNATTENDED VEHICLES - SET BRAKES /STOP MOTOR 33 CVC 22515(b) UNATTENDED VEHICLES - SET BRAKES/WHEELS /PREVENT MOVE 33 CVC 22516 LOCKED VEHICLE 116 CVC 22517 OPENING AND CLOSING DOORS 116 CVC 22520.5 VENDING ON FREEWAY RIGHT -OF -WAY 116 CVC 22520.5(a) VENDING ON FREEWAY RIGHT -OF -WAY 116 CVC 22521 ILLEGAL TO PARK ON RAILROAD TRACKS 33 CVC 22522 PARKING NEAR SIDEWALK ACCESS RAMPS 288 CVC 22523(a) VEHICLE ABANDONMENT- On Highway 283 CVC 22523(b) VEHICLE ABANDONMENT 283 CVC 22650 UNLAWFUL REMOVAL OF UNATTENDED VEHICLE 116 CVC 22651(b) VEHICLE PARKED /LEFT STANDING TO OBSTRUCT TRAFFIC 116 CVC 40225" PROCESSING OTHER VIOLATIONS "10 CV C'40226" FAILURErTO DISPLAY DISABLED PLACARD = ADMINISTRATIVE FEE "25 LATE PAYMENT PENALTY 30 " Fine or fee amounts are set by the Uniform Bail & Penalty Schedule or by specific CVC section All other fine amounts set by City Council pursuant to CVC 40203.5 Page 2 C RESOLUTION NO. 10273 (2011 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING PARKING FEES AND HOURS OF OPERATION IN THE CITY'S PARKING STRUCTURES; AND REPEALING INCONSISTENT HOURS OF OPERATION AND FEES IN PRIOR RESOLUTIONS WHEREAS, the City of San Luis Obispo wishes to maintain effective usage of its three parking structures; and WHEREAS, the City wishes to provide secure and user friendly parking for all users of the parking structures; and WHEREAS, the parking program needs to continue to be self - sufficient for its financial commitments; and WHEREAS, the Council considered the Parking Revenue Enhancements staff report and held a public meeting on the proposed changes to the parking structure rates and hours of operation. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Parking structure rates and hours of operation are hereby modified as follows: 1. Effective July 1, 2011: a... Modify the hours of operation at all parking structures to include Sundays from 1:00 PM to 6:00 PM; and b. The hours of operation for 842 Palm and 919 Palm structures shall be from 8:00 AM to 7:00 PM Monday through Wednesday, and from 8:00 AM to 11:00 PM Thursday through Saturday; and c. The hours of operation for the Marsh Street structure shall be from 8:00 AM to 10:00 PM Monday through Wednesday, and from 8:00 AM to 11:00 PM Thursday through Saturday. SECTION 2. Effective July 1, 2011, all hourly parking structure rates shall remain at $0.75 an hour, including Sundays, with the first hour free. SECTION 3. Effective July 1, 2011, the maximum daily parking structure rate shall remain at $7.50 per day, Monday through Saturday and $3.75 per day on Sundays. R 10273 Resolution No. 10273 (2011 Series) Page 2 Upon motion of Council Member Carter, seconded by Vice Mayor Ashbaugh and on the following vote: AYES: Council Members Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Member Carpenter ABSENT: None The foregoing resolution was adopted this 14th day of June, 2011. qill� m66r Jan Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: hristine Dietrick City Attorney RESOLUTION NO. 10272 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ESTABLISHING SEWER SERVICE RATES WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully cover the costs of providing services; and WHEREAS, a comprehensive analysis of sewer fund operating, capital and debt service needs has been performed for fiscal years 2011 -13 through 2016 -17; and WHEREAS, this comprehensive analysis has been revised based on updated revenue and expenditure information; and WHEREAS, the Council has reviewed the sewer service rates necessary to meet system operating, capital and debt service requirements; and WHEREAS, a public hearing was properly noticed and held on June 14, 2011; and WHEREAS, a majority protest, as contemplated by Article XIII D of the California Constitution, was not received by the conclusion of the public hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis. Obispo as follows: SECTION 1. Resolution No. 10095 (2009 Series) is hereby rescinded, effective 11:59 p.m. June 30, 2011. SECTION 2. The rates set forth in Exhibit "A" are hereby adopted, establishing rates effective July 1, 2011 and July 1, 2012. Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Carter, and on the following vote: AYES: Council Member Carter, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Members Carpenter and Smith ABSENT: None R 10272 Resolution No. 10272 (2011 Series) Page 2 The foregoing resolution was adopted this 14th day of June 2011. Mayor Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: 6 J. Choine Dietrick Attorney Resolution No. 10272 (2011 Series) Page 3 EXHIBIT A MONTHLY SEWER SERVICE RATES Account Type Effective July 1, 2011 Effective July 1, 2012 Monthly Single family Minimum charge: $7.01 per dwelling unit Minimum charge: $7.43 per dwelling unit dwelling, Volume charge per unit: $7.73 Volume charge per unit: $8.19 including single meter Total monthly fee capped based on average Total monthly fee capped based on average condominiums and winter water use (AWWU) winter water use (AWWU) townhouses Master- metered Minimum charge: $7.01 per account Minimum charge: $7.43 per account multi - family Volume charge per unit: $7.73 Volume charge per unit: $8.19 dwellings in any duplex, apartment Accounts without separate irrigation Accounts without separate irrigation house or rooming meter: meter: house Total monthly fee capped based on AWWU Total monthly fee capped based on AWWU Accounts with separate irrigation meter. Accounts with separate irrigation meter: No cap No cap Mobile home or Minimum charge: 57.01 per account Minimum charge: $7.43 per account trailer park Volume charge per unit: $7.73 Volume charge per unit: $8.19 Accounts without separate irrigation Accounts without separate irrigation meter. meter: Total monthly fee capped based on AWWU Total monthly fee capped based on AWWU Accounts with separate irrigation meter: Accounts with separate irrigation meter. No cap No cap Monthly Sewer Rates: Non-Residential'Customers Public, private, or $6.26 per ADA $6.64 per ADA parochial school, average daily attendance (ADA) at the school All Other Accounts Minimum charge: $7.01 per account Minimum charge: $7.43 per account Volume charge per unit: $7.73 Volume charge per unit: $8.19 Each Vehicle 1 Minimum charge $182336 $19330 Additional charge per $10.98 $11.64 100 gallons in excess of 1,500 gallons discharged C C RESOLUTION NO. 10270 (2011 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING A TEMPORARY TAXI RATE INCREASE WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi service for its citizens; and WHEREAS, 234 -Taxi L.L.C, Surf Cab and Tri Counties Transit (Yellow Cab) are the current taxi operators in the City of San Luis Obispo; and WHEREAS, the City has received requests from all three taxi operators for a temporary rate increase due to significant cost increases associated with the price of unleaded gasoline; and WHEREAS, in accordance with the provisions of San Luis Obispo Municipal Code Chapter 5.20, the City has evaluated the rate requests by taxi operators in the City; and WHEREAS, the City has determined the need for a temporary rate increase but wishes to re- evaluate that need after a reasonable period of operation. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The City Council finds that the costs of unleaded gasoline have risen dramatically since taxi operator rates were last approved; SECTION 2. The City Council approves a temporary rate increase (Exhibit A) that will expire on January 1, 2012 or when a new rate setting procedure is approved by Council Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Carpenter, and on the following vote: AYES: Council Members Carpenter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Member Carter ABSENT: None R 10270 Resolution No. 10270 (20 1 ]`Series) Page 2 The foregoing resolution was passed and adopted this 7th day of June 2011. May an Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: C 'stine Dietrick City Attorney Resolution No. 10270 (2011 Series) Page 3 Exhibit A Temporary Taxi Rates-Approved 06 -07 -2011* * Rates will expire on January 1, 2012, or when a new rate setting procedure is approved by City Council 23—'TA if Si�CC Ab Counties?` !-Aopzt v��Zf kpproked oy- ppx - p ro f �7ed Pick Up-flag drop $7.00 $4.00 $3.00 Pick Up Cash Discount $4.00 None None Per Mile $3.50 $3.50 $3.50 * Wait Time Per/Hr $30.00 $35.00 $30.00 Surcharge None None None (2:30 am-6 am) Credit Card Use None None None * Rates will expire on January 1, 2012, or when a new rate setting procedure is approved by City Council N RESOLUTION NO. 10271 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ESTABLISHING WATER SERVICE RATES WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully cover the cost of providing services; and WHEREAS, a comprehensive analysis of Water Fund operating, capital and debt service needs has been performed for fiscal years 2011 -13 through 2015 -16; and WHEREAS, this comprehensive analysis has been revised based on updated revenue and expenditure information; and WHEREAS, the Council has reviewed the water service rates necessary to meet system operating, capital and debt service requirements; and WHEREAS, a public hearing was properly noticed and held on June 14, 2011; and WHEREAS, a majority protest, as contemplated by Article XIII D of the California Constitution, was not received by the conclusion of the public hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 10094 (2009 Series) is hereby rescinded, effective 11:59 p.m. June 30, 2011. SECTION 2. The rates set forth in Exhibit "A" are hereby adopted, establishing water rates effective July 1, 2011 and July 1, 2012. SECTION 3. The water system access charges for emergency purposes, such as fire protection are increased from $42.40 per month to $46.64 per month, effective July 1, 2011 and $50.84 effective July 1, 2012 to reflect the increase in water rates. Upon motion of Council Member Carter, seconded by Vice Mayor Ashbaugh, and on the following vote: AYES: Council Member Carter, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Members Carpenter and Smith ABSENT: None R 10271 Resolution No. 10271 (2011 Series) Page 2 The foregoing resolution was adopted this 14th day of June 2011. r Jan Marx ATTEST: 4, Elaina Cano City Clerk APPROVED AS TO FORM: Ostine Dietrick Attorney Resolution No. 10271 (2011 Series) Page 3 EXHIBIT A MONTHLY WATER SERVICE RATES 1 Unit = 100 Cubic Feet = 748 Gallons of Water Rates EffectiVe July 1, 1 Customer Type Single Family All Other Customers Single Family Residential Customers Inside the City Rates 1 - 5 Units $5.73 /Unit 1 - 5 Units $5.73 /Unit Inside the City Rates 6 - 25 Units $7.17 /Unit 6+ Units $7.17 /Unit 26+ Units $8.99/Unit 6+ Units $7.82/Unit Outside the City Rates' 1 - 5 Units $11.46 /Unit 1 - 5 Units $11.46 /Unit Outside the City Rates' 6 - 25 Units $14.34/Unit 6+ Units $14.34/Unit 26+ Units $17.98 /Unit 6+ Units $15.64 /Unit For service to customers outside the City, the rates are two times the in City rate. 1 Unit = 100 Cubic Feet = 748 Gallons of Water Rates EffectiVe July 1, 1 Customer Type Single Family All Other Customers Residential Customers Inside the City Rates 1 -5 Units $6.25 /Unit 1 - 5 Units $6.25 /Unit 6 - 25 Units $7.82 /Unit 6+ Units $7.82/Unit 26+ Units $9.80 /Unit Outside the City Rates' 1 - 5 Units $12.50 /Unit 1 -5 Units $12.50 /Unit 6 - 25 Units $15.64 /Unit 6+ Units $15.64 /Unit 26+ Units $19.60 /Unit For service to customers outside the City, the rates are two times the in City rate. 1 Unit = 100 Cubic Feet = 748 Gallons of Water RESOLUTION NO. 10269 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A LOT LINE ADJUSTMENT BETWEEN TWO LOTS (CITY APN 053- 412 -008 AND COUNTY DOC. NO. 2009-43146). ANNEXATION OF A PORTION OF 1146 FARMHOUSE LANE, AND ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PROJECT (ANNX/LLA/ER 117 -10) WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on June 7, 2011, for the purpose of considering Planning Application No. ANNX/LLA/ER 117 -10, a request to reconfigure the lot lines between 1146 Farmhouse Lane in the County (Lot 1) and 4600 Broad Street in the City (Lot 2), concurrent with a request for annexation of the adjusted portion of Lot 2 such that the adjusted line will become the new City-County boundary; and WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on April 13, 2011, for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, the Airport Area Specific Plan was adopted by the City Council on August 23, 2005, satisfying the requirements of the General Plan (Land Use Element policies 1.12.3, 7.3 and 7.4), which require adoption of specific plans prior to annexation; and WHEREAS, the proposed annexation is necessary for the City to implement the adopted Specific Plan; and WHEREAS, the City Council considered the Initial Study and Negative Declaration of Environmental Impact (ER 117 -10) for the project, and determined that the document adequately addresses the potential environmental effects of the proposed annexation; and WHEREAS, the proposed annexation is consistent with the adopted Sphere of Influence for the City of San Luis Obispo; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicant, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. Annexation of land in the Airport Area will promote the public health, safety and welfare by ensuring that all new development complies with the comprehensive land use plans and property development standards established in the Airport Area Specific Plan. R 10269 o Resolution No. 10269 (2011 Series) Page 2 2. The proposed annexation of land in the Airport Area is consistent with Land Use Element Policy 7.3, which says that the City will actively pursue annexation of the Airport Area. 3. The proposed annexation is consistent with the General Plan Land Use Map because the land to be annexed has been prezoned Service - Commercial, and is within the Sphere of Influence and City's Urban Reserve. 4. As conditioned, the lot line adjustment is consistent with the City's Zoning Regulations and Building Code, and complies with the City's Subdivision Regulations and the State Subdivision Map Act because it will not create a greater number of lots than originally existed and the resulting parcels meet the minimum requirements for lot area and dimensions in the C -S zone. 5. The proposed Negative Declaration for the project adequately addresses the environmental impacts of the project because annexation does not create any environmental effects that are different from those identified in the Final Program EIR for the Airport Area Specific Plan and Related Facilities Master Plans. SECTION 2. Environmental Determination. The City Council does hereby adopt a Negative Declaration for the project. SECTION 3. Action. The City Council does hereby approve the lot line adjustment, and annexation of approximately 0.76 acres of land in the Airport Area as identified and incorporated herein by reference in Exhibit A, subject to the following conditions: 1. Per Resolution #9728 (2005 Series), and Land Use Element Policy 7.4, an Airport Area annexation shall not take effect unless the annexed area helps protect an appropriate part of the greenbelt near the Airport Area, through dedication or an in -lieu fee.' 2. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment agreement and recorded prior to initiating annexation through LAFCO. If the agreement is pursued, the applicant shall submit a "Declaration of Lot Line Adjustment" to the Public Works Director for review, approval and recordation, based on samples available from the City of San Luis Obispo. The submittal shall include all required recording and processing fees and an 8 '' /x" x 11" map exhibit suitable for recording. 3. A record of survey may be required in accordance with Business and Professions Code Section 8762. 4. The parcel map or lot line adjustment agreement exhibits and legal descriptions shall be prepared by a California Licensed Land Surveyor or Civil Engineer authorized to practice land surveying. 5. A beneficiary consent to LLA shall be recorded concurrent with or prior to recordation of the LLA. Resolution No. 10269 (2011 Series) Page 3 6. A separate exhibit showing all existing public and/or private utilities and improvements shall be approved to the satisfaction of the Community Development Director and Public Works Director prior to recordation of the LLA. The site /utility plan shall include any drainage and street improvements, water, sewer, storm drains, gas, electricity, telephone, cable TV, water wells, private waste disposal systems, and any utility company meters for the proposed city parcel 7. Any existing private or Fiero utilities stubbed into the City parcel shall be relocated, abandoned on terminated to the satisfaction of the City of San Luis Obispo. Any utility relocations or abandonments shall be completed with proper permits and receive final inspection approvals prior to recordation of the LLA. Any utility services proposed to remain shall be approved by the City and may require the recordation of an agreement between the property owner and the City. 8. Any required easements shall be recorded prior to or concurrent with the recordation of the LLA to the satisfaction of the Community Development Director, Public Works Director and serving utility companies. Upon motion of Council Member Smith, seconded by Council Member Carter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing Resolution was adopted this 7th day of June 2011. (� - Pig% May r an Marx ATTEST: ell Elaina Cano City Clerk APPROVED AS TO J. Wstine Dietrick 96Y Attorney a C� RESOLUTION NO. 10268 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING MODIFICATIONS OF 2011 CDBG FUNDING ALLOCATIONS 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 June 21, 2005, and under applicable U.S. Department of Housing and Urban Development Department (HUD) rules; and WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan and HUD rules, the City Council held a public hearing on March 1, 2011, to consider funding recommendations by the Human Relations Commission (HRC), to review applications for federal grant funding, and to consider public comments on community needs and the use of such funds; and WHEREAS, on April 22, 2011, County staff received HUD's estimated funding allocations for the 2011 CDBG Program Year and informed the City that its allocation will be $568,358, which is $79,159 (11.6 %) less than previously approved by Council; and WHEREAS, the City Council has considered HUD's new estimated funding allocations and determined that modifications are necessary to balance the 2011 CDBG Program Year budget. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. 2011 Community Development Block Grant Program Amendments. The City's 2011 Community Development Block Grant Program is hereby approved, as shown in Exhibit A. The City Manager is authorized to approve final dollar amounts once HUD releases allocations with the direction to make up differences in the two amounts. SECTION 2. 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 2011 Consolidated Plan. SECTION 3. City Manager Authority. The City Manager 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, including minor revisions to funding amounts for the 2011 CDBG Program if the City's actual CDBG allocation is different than expected. R 10268 Resolution No. 10268 (2011 Series) Page 2 Upon motion of Council Member Carter, seconded by Council Member Smith, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was passed and adopted this 7`h day of June, 2011. K � ?e�� Mayor arx ATTEST: Elaina Cano City Clerk RESOLUTION NO. 10267 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING COLLECTION OF FEES FOR 2011 -12 FIRE AND LIFE SAFETY INSPECTIONS OF MULTI - DWELLING PROPERTIES CONTAINING THREE OR MORE DWELLING UNITS ON THE SECURED PROPERTY TAX ROLL WHEREAS, the City of San Luis Obispo is required by California Health & Safety Code Section 17921 annually to inspect multi - dwelling properties containing three or more dwelling units, including apartments, certain residential condominiums, hotels, motels, lodging houses and congregate residences; and WHEREAS, California Health & Safety Code Section 13146 authorizes cities to charge property owners in recovering the reasonable costs of providing these annual inspections; and WHEREAS, in accordance with this policy, the Council adopted Resolution Nos. 9799 (2006 Series) and 9889 (2007 Series) updating the master fee schedule, as specifically set forth in "Exhibit A" hereto, and authorizing the collection of these fees on the secured property tax roll; and WHEREAS, the Council desires to continue collection of these fees on the secured property tax roll for 2011 -12. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to California Health & Safety Code Section 13146.2(b) and Municipal Code Section 3.50, the Council hereby authorizes and directs that Fire and Life Safety Inspection fees as set forth in Exhibit A shall be collected on the secured property tax roll for fiscal year 2011 -12. A listing of fees by assessor's parcel number shall be provided to the County Auditor - Controller for collection on the 2011 -12 secured property tax roll in accordance with their schedule and data format requirements. Upon motion of Council Member Carter, seconded by Council Member Smith, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None R 10267 Resolution No. 10267 (2011 Series) Page 2 The foregoing resolution was adopted this 7`" day of June 2011. ATTEST: Elaina Cano City Clerk APPROVED.AS TO FORM: tine Dietrick Attorney Resolution No. 10267 (2011- Series) Page 3 Multi_Dwelling Fire and Life. Safety Inspection Fee. Schedule Apartment Houses $28.00 per unit per year Administrative fee of $65.00 per year per facility $10,000 maximum per property Fees are waived for units that are built, owned and managed by the San Luis Obispo Housing Authority, other governmental agencies or not - for -profit housing organizations. Hotels, Motels, Lodging Houses, Bed & Breakfast Facilities, Youth Hostel Facilities, Senior Facilities, Sororities, Fraternities and Other Congregate Residences 1 to 30 units $200 per year per facility 31 to 80 units $300 per year per facility More than 80 units $400 per year per facility These fees are applicable to all multi - dwelling units in the City based on the following definitions as set forth in the 2001 California Building Code, Chapter 2: Definitions and Abbreviations, Section 202. Apartment house is any building, or portion thereof, which contains three or more dwelling units, including R -1 residential condominiums. Congregate residences are any building or portion thereof that contains facilities for living, sleeping and sanitation, as required by this code, and may include facilities for eating and cooking, for occupancy by other than a family. A congregate residence may be a shelter, convent, monastery, dormitory, fraternity or sorority house, but does not include jails, hospitals, nursing homes, hotels, or lodging houses. Dwelling unit is any building or portion thereof that contains living facilities, including provisions for sleeping, eating, cooking and sanitation, as required by this code, for not more than one family, or a congregate residence for ten or less persons. Hotel is any building containing six or more guest rooms intended or designed to be use, or which are used, rented or hired out to be occupied, or which are occupied for sleeping purposes by guests. Lodging house is any building or portion thereof containing not more than five guest rooms where rent is paid in money, goods, labor or otherwise. (A lodging house includes bed & breakfast facilities and hostels, but excludes single family dwellings). Motel shall mean the same as hotel as defined in this code. n RESOLUTION NO. 10266 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO PROVIDING 30 -DAYS NOTICE OF TERMINATION OF ITS CONTRACT WITH SAN LUIS OBISPO COUNTY PUBLIC ACCESS ( SLOCOPA), A NONPROFIT CORPORATION, WHICH PROVIDES PUBLIC ACCESS TELEVISION MANAGEMENT SERVICES TO THE CITY OF SAN LUIS OBISPO WHEREAS, on March 16, 2010, the City of San Luis Obispo entered into an agreement whereby the City of San Luis Obispo agreed to provide funding to SLOCOPA for services associated with management of the County public access channel (Channel 2); and WHEREAS, Section 20 of the agreement gives the City the right, upon thirty (30) days written notice, to terminate the agreement for misappropriation of public funds; and WHEREAS, Anthony Pope, while the Chairperson of the SLOCOPA Board of Directors, pled no contest to felony grand theft charges filed by the District Attorney in the Superior Court of the County of San Luis Obispo; and WHEREAS, the charges filed against Mr. Pope stemmed from his activities while serving as the Chairperson of the SLOCOPA Board of Directors, which included purchasing video equipment authorized for public access television purposes, returning the equipment purchased for a refund, but then not returning those public funds to the City of San Luis Obispo; and WHEREAS, during the course of the investigation the SLOCOPA Board of Directors informed the City that it would go into a state of "hiatus" until the issue was resolved. NOW, THEREFORE, BE IT RESOLVED by the Council of the City. of San Luis Obispo as follows: SECTION 1. The City Council hereby directs the City Attorney to provide SLOCOPA with 30 -days notice of termination of its contract to provide public access television management services to the City of San Luis Obispo. SECTION 2. The City Manager shall work with the County of San Luis Obispo, Charter Communications, the San Luis Coastal Unified School District, and other interested parties to update the City's Operating Plan for all PEG programming channels and return to the City Council at a future date for approval. R 10266 �,' 1 Resolution No. 10266 (2011 Series) Page 2 Upon motion of Council Member Carpenter, seconded by Vice Mayor Ashbaugh, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 17th day of May 2011. i May J Marx ATTEST: Elaina Cano, CMC City Clerk APPROVED AS TO FORM: afine Dietrick Attorney RESOLUTION NO. 10265 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSED CHARTER REPEAL MEASURE AT AN ALL MAILED BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 30, 2011 AS CALLED BY RESOLUTION NO. 10263 (2011 SERIES) WHEREAS, an All Mailed Ballot Special Municipal Election for the purpose of placing two City measures before the voters has been called on Tuesday, August 30, 2011 by Resolution No. 10263 (2011 series), adopted on May 17, 2011; and WHEREAS, the City Council has the authority to submit a Charter repeal measure to the electorate pursuant to the authority of Article XI of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code, Division 9, Chapter 3, Article 3 (commencing at section 9255) of the Elections Code of the State of California, City Charter Sections 301 and 303, and Ordinance Number 1559 (2011 Series); and WHEREAS, the City Council finds and declares that it is in the best interest of the City, consistent with principles of sound management and fiscal responsibility, and to the fullest extent permitted by State law, to vest in the duly elected City Council final decision making authority over and management of the City's employee agreements governing wages, hours or terms and conditions of City employment; and WHEREAS, City Charter Section 1107 ( "Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes ") currently mandates an impasse resolution procedure for disputes between the City and its public safety employees over wages, hours or terms and conditions of City employment, which differs from the usual dispute resolution process established by state law for public employees, and which removes final decision making authority over such disputes from the City Council, as set forth in relevant part below: (D) Impasse Resolution Procedures. (1) All disputes, controversies and grievances pertaining to wages, hours or terms and conditions of City employment which remain unresolved after good faith negotiations between the City and said employee organization shall be submitted to a three- member Board of Arbitrators upon the declaration of an impasse by the City or by said employee organization. Upon declaration of impasse by either party, the City and employee organization shall each exchange a written last offer of settlement on each of the issues remaining in dispute. Written last offer of settlement shall be exchanged between parties within two days of the declaration of impasse. (2) Representatives designated by the City and representatives of the employee organization shall each select and appoint one arbitrator to the Board of Arbitrators within three (3) business days after either party has notified the other, in writing, of the declaration of impasse and the desire to proceed to arbitration. The third member of the Board of Arbitrators shall be selected by agreement between the City's and the employee's organization I:i[1MM Resolution No. 10265 (2011 Series) Page 2 representative within ten (10) business days of the declaration of impasse. This third member shall serve as the neutral arbitrator and Chairperson of the Board. In the event that the City and the employee organization cannot agree upon the selection of the neutral arbitrator within ten (10) business days from the date that either party has notified the other that it has declared an impasse, either party may then request the State Mediation and Conciliation Service of the State of California Department of Industrial Relations to provide a list of seven (7) persons who are qualified and experienced as labor arbitrators. If the arbitrators selected by the City and the employee organization cannot agree within three (3) days after receipt of such list on one of the seven (7) to act as the third arbitrator, they shall have five (5) business days to alternately strike names, with the City's arbitrator striking first, from the list of nominees until one name remains and that person shall then become the neutral arbitrator and Chairperson of the Board of Arbitrators. (3) Any arbitration proceeding convened pursuant to this Article shall be conducted in conformance with, subject to, and governed by Title 9 of Part 3 of the California Code of Civil Procedure. The Board of Arbitrators shall hold public hearings, receive evidence from the parties and cause a transcript of the proceedings to be prepared. The Board of Arbitrators may adopt by unanimous consent such other procedures that are designed to encourage an agreement between the parties, expedite the arbitration hearing process, or reduce the costs of the arbitration process. (4) In the event no agreement is reached prior to the conclusion of the arbitration hearings, the Board of Arbitrators shall direct each of the parties to submit, within such time limit as the Board of Arbitrators may establish, but not to exceed thirty (30) business days, a last offer of settlement on each of the remaining issues in dispute. The Board of Arbitrators shall decide each issue by majority vote by selecting whichever last offer of settlement on that issue it finds most nearly conforms to those factors traditionally taken into consideration in the determination of wages, hours, benefits and terms and conditions of public and private employment, including, but not limited to the following: changes in the average consumer price index for goods and services using the San Francisco - Oakland -San Jose index, as reported at the time impasse is declared for the preceding twelve (12) months, the wages, hours, benefits and terms and conditions of employment of employees performing similar services in comparable cities; and the financial condition of the City of San Luis Obispo and its ability to meet the costs of decision of the Board of Arbitrators. (5) After reaching a decision, the Board of Arbitrators shall mail or otherwise deliver a true copy of its decision to the parties. The decision of the Board of Arbitrators shall not be publicly disclosed and shall not be binding until ten (10) days after it is delivered to the parties. During that ten (10) day period the parties shall meet privately, attempt to resolve their differences, and by mutual agreement amend or modify the decision of the Board of Arbitrators. At the conclusion of the ten (10) day period, which may be extended by mutual agreement between the parties, the decision of Board of Arbitrators, as it may be modified or amended by the parties, shall be publicly disclosed and shall be binding on the parties. The City and the employee organization shall take whatever action is necessary to carry out and effectuate the arbitration award. No other actions by the City Council or by the electorate to conform or approve the decision of the Board of Arbitrators shall be permitted or required. (6) The expenses of any arbitration proceeding convened pursuant to this Article, including the fee for the services of the chairperson of the Board of Arbitrators and the costs Resolution No. 10265 (2011 Series) Page 3 of preparation of the transcript of the proceedings shall be borne equally by the parties. The expenses of the arbitration, which the parties may incur individually, are to be bome by the party incurring such expenses. Such expenses include, but are not limited to, the expense of calling a parry's witnesses, the costs incurred in gathering data and compiling reports, and any expenses incurred by the party's arbitrator. The parties may mutually agree to divide the costs in another manner. (7) The proceedings described herein shall supersede the dispute resolution process for the San Luis Obispo Police Officers Association and the San Luis Obispo Firefighters Association which is set forth in Sections 13.2 and 14.1 of City of San Luis Obispo Resolution No. 6620, to the extent that such language is in conflict with this amendment. Furthermore, the proceedings described herein shall supersede any language within the Employer - Employee Resolution, the Personnel Rules and Regulations, any Memorandum of Agreement with the employee associations or any written policy or procedure relating to wages, hours or other terms and conditions of City employment, to the extent that such language is in conflict with this amendment. However, nothing in this section shall preclude the parties from mutually agreeing to use dispute resolution processes other than the binding arbitration process herein set forth. Nor, does it preclude the parties from negotiating, and submitting to the arbitration process set forth herein, a grievance process, which includes a form of binding arbitration that differs from the one, set forth herein. WHEREAS, the City Council of the City of San Luis Obispo desires to submit to the voters a measure to repeal Section 1107 of the Charter of the City of San Luis Obispo in its entirety, the approval of which would result in the City's public safety employees being governed by the same State law dispute resolution procedures applicable to other represented public employee groups. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of San Luis Obispo hereby proposes on its own motion that a measure repealing in its entirety Section 1107 ( "Impartial and Binding Arbitration for San Luis Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes ") of the Charter of the City of San Luis Obispo be submitted to the voters at the Special All Mailed Ballot Municipal Election to be held on August 30, 2011. SECTION 2. That the City Council, pursuant to its right and authority, does order submitted to the voters at the Special All Mailed Ballot Municipal Election on Tuesday, August 30, 2011, the following question: Resolution No. 10265 (2011 Series) Page 4 Shall San Luis Obispo Charter Section 1107 ( "Impartial and Binding Arbitration for San Luis Yes Obispo Police Officers Association and San Luis Obispo Firefighters Association, IAFF Local 3523, Employee Disputes ") be repealed in its No entirety, leaving resolution of disputes over wages, hours, or working conditions, which remain unresolved after good faith negotiations between the City and the two covered organizations, subject to the same State law procedures for impasse resolution that govern other public employee organizations? SECTION 3. That the City Council authorizes any and all members of the City Council to file written arguments in favor of the measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. SECTION 4. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 5. That in all particulars not recited in this resolution or Ordinance Number 1559 (2011 Series), the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors and Clerk- Recorder. Resolution No. 10265 (2011 Series) Page 5 Upon motion of Council Member Smith, seconded by Council Member Carpenter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, and Mayor Marx NOES` Vice Mayor Ashbaugh ABSENT: None The foregoing resolution was adopted this 17th day of May 2011. KI o Jan Marx ATTEST: Elaina Cano, CMC City Clerk APPROVED AS TO J,O ' me Dietrick City Attorney RESOLUTION NO. 10264 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ORDERING THE SUBMISSION TO THE QUALIFIED ELECTORS OF THE CITY A PROPOSED CHARTER AMENDMENT AT AN ALL MAILED BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, AUGUST 30, 2011 AS CALLED BY RESOLUTION NO. 10263 (2011 SERIES) WHEREAS, a Special All Mailed Ballot Municipal Election has been called on Tuesday, August 30, 2011 by Resolution No. 10263 (2011 series), adopted on May 17, 2011; and WHEREAS, the City Council has the authority to submit a Charter amendment to the electorate pursuant to the authority of Article XI of the Constitution, Title 4, Division 2, Chapter 3 of the Government Code, Division 9, Chapter 3, Article 3 (commencing at section 9255) of the Elections Code of the State of California, City Charter Sections 301 and 303, and Ordinance Number 1559 (2011 Series); and WHEREAS, the City Council finds and declares that it is in the best interest of the City, consistent with principles of sound management and fiscal responsibility, and to the fullest extent permitted by State law, to vest in the duly elected City Council final decision making authority over management of the City's contracts with the Board of Administration of the California Public Employees Retirement System; and WHEREAS, Charter Section 1105 (Retirement) currently provides as follows: The City Council shall be authorized to enter into a contract with the Board of Administration of the Public Employees' Retirement System of California that shall include all employees of the City of San Luis Obispo. Should the contract at any time be broadened, the City Council may have the contract amended to provide the improved coverage. The Council may terminate the contract or negotiate another contract with reduced employee coverage with the Board of Administration of the Public Employees' Retirement System only upon authority approved by a majority vote of the electorate. WHEREAS, the City Council of the City of San Luis Obispo desires to submit to the voters a proposed amendment of Section 1105 to eliminate the Charter requirement for voter approval to terminate the City's contract with the California Public Employees' Retirement System or to negotiate another contract to provide reduced employee retirement benefits, but expressly to state that the City Council retains the authority to enter into contracts with CalPERS and remains subject to other applicable state laws and CalPERS rules with regard to any actions to amend, terminate or negotiate other contracts. R 10264 Resolution No. 10264 (2011 Series) Page 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: The City Council of the City of San Luis Obispo hereby proposes on its own motion that an amendment of Section 1105 of the Charter of the City of San Luis Obispo be submitted to the voters at the All Mailed Ballot Special Municipal Election on August 30, 2011, to read as follows: The City Council shall be authorized to enter into a contract with the Board of Administration of the Public Employees' Retirement System of California that shall include all employees of the City of San Luis Obispo. The City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee benefits only in accordance with state law and as permitted by the Board of Administration of the Public Employees' Retirement System. SECTION 2: That the City Council, pursuant to its right and authority, does order submitted to the voters at the All Mailed Ballot Special Municipal Election to be held on Tuesday, August 30, 2011, the following question: Shall Section 1105 (Retirement) of the San Luis Obispo Charter, which authorizes the City Yes Council to enter into a contract with the Board of Administration of the Public Employees' Retirement System (PERS), be amended to No provide that the City Council may terminate or amend its contract or negotiate another contract to provide improved or reduced employee benefits only in accordance with state law and as permitted by the Board of Administration of PERS? SECTION 3. That the City Council authorizes any and all members of the City Council to file written arguments in favor of the measure in accordance with Article 4, Chapter 3, Division 9 of the Elections Code of the State of California and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the measure may be submitted to the City Clerk. SECTION 4. That the City Council directs the City Clerk to transmit a copy of the measure to the City Attorney, who shall prepare an impartial analysis of the measure showing the effect of the measure on the existing law and the operation of the measure. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. Resolution No. 10264 (2011 Series) Page 3 SECTION 5. That in all particulars not recited in this Resolution or Ordinance Number 1559 (2011 Series), the election shall be held and conducted as provided by law for holding municipal elections. SECTION 6. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. SECTION 7. That the City Clerk shall certify to the passage and adoption of this resolution. SECTION 8. That the City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo County Board of Supervisors and Clerk- Recorder. Upon motion of Council Member Carter, seconded by Council Member Carpenter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 17th day of May 2011. y J Marx ATTEST: Eiaina Cano, CMC City Clerk APPROVED AS TO FORM: istine Dietrick City Attorney RESOLUTION NO. 10263 (2011 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL ALL MAILED BALLOT MUNICIPAL ELECTION TO BE HELD TUESDAY, AUGUST 30, 2011, AND REQUESTING THE BOARD OF SUPERVISORS TO RENDER SERVICES RELATING TO THE CONDUCT OF THE ELECTION WHEREAS, notice is hereby given that a special all mailed ballot municipal election will be held in the City of San Luis Obispo on August 30, 2011 for the purpose of placing a proposed City Charter amendment and a proposed City Charter repeal measure before the qualified electors of the City of San Luis Obispo; and WHEREAS, the City requires assistance for the proper conduct of the special election; and desires to request services of the San Luis Obispo County Elections Official to conduct said special election. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo does declare, determine, and order as follows: SECTION 1. Notice is hereby given and there is called and ordered to be held in the City of San Luis Obispo, California, on Tuesday, August 30, 2011, a special municipal election conducted by all -mail ballot. SECTION 2. That, pursuant to section 10002 of the Elections Code of the State of California, the City Council requests the Board of Supervisors of the County to permit the County Elections Official to render specified services, as set forth in Exhibit A hereto, to the City of San Luis Obispo relating to the conduct of an all mailed ballot special election on Tuesday, August 30, 2011, and said Board is hereby authorized to canvass the returns of the special election and certify the results of the canvass of the returns of the special election to the Council of the City of San Luis Obispo, which shall thereupon declare the results thereof. SECTION 3. That pursuant to the applicable provisions of the City Charter and Ordinance No. 1559 (2011 Series) of the City of San Luis Obispo, said special election shall be held and conducted by all mailed ballot, and shall be conducted pursuant to Chapter 2 of Division 4 (commencing with Section 4100) of the California Elections Code only insofar as required by law, and only where not inconsistent with the Charter of the City of San Luis Obispo and Ordinance No. 1559 (2011 Series). Notwithstanding Elections Code Section 4103, ballots cast in this special election shall be returned to the office of the County Registrar of Voters by mail or in person no later than 8:00 p.m. on Election Day. Only ballots received in the office of the Registrar of Voters by 8:00 p.m. on Election Day shall be counted. SECTION 4. That the City shall reimburse the County for services performed when the work is completed and upon presentation to the City of a properly approved bill pursuant to section 51350 of the Government Code. R 10263 Resolution No. 1026' ) (2011 Series) Page 2 SECTION 5. That the City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors and the Elections Official of the County of San Luis Obispo. SECTION 6. That notice of the time and place of holding the special election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Upon motion of Council Member Carter seconded by Council Member Carpenter and on the following vote: AYES: Council Members Carpenter, Carter and Smith, and Mayor Marx NOES: Vice Mayor Ashbaugh ABSENT: None The foregoing resolution was adopted this 17th day of May 2011. May r an Marx ATTEST: Elaina Cano, CMC City Clerk APPROVED AS TO FORM: stme Dietrick City Attorney n EXHIBIT A If the City of San Luis Obispo requests that the County Clerk- Recorder conduct the all mail ballot election to be held on August 30, the following services would be provided: Vote centers Several locations around the city would be established where voters could drop off their ballots or obtain a replacement ballot. All locations would be staffed with poll workers and /or County Clerk - staff. All locations would be provided with an Automark ballot marking device to assist voters with disabilities. $1000 Rental plus $1000 (Labor) Poll Workers Recruit, train and pay poll workers for election day to work at the vote centers. $2000 plus $1000 (Labor) Supplies Identify and order all supplies necessary for the election including polling place signs and supplies, vote - by -mail envelopes and any other supplies necessary for the conduct of the election. $5000 Vote -by -mail ballots and voter information booklet Preparation of the voter information booklet including the measures and arguments for and against, instructions for voting and for returning ballots and any other language required by the election code. Preparation and layout of the ballot. Completion of all pre - election testing for ballot, ballot counting and marking equipment and ballot counting software. Coordination with printing vendor for printing and initial mailing of ballot and voter information booklet. Coordination of replacement ballots both in the mail and over the counter Processing of return vote by mail ballots including Verification of signature and application of voting history Processing, counting and secure storage of voted ballots. Set -Up & Ballot Printing: $14,000 Set -Up & VIG Printing: $15,000 1 0 EXHIBIT A Postage: $15,000 Inkjetting & Inserting of outgoing VBM ballots: $7500 VoteRemote- ballot return and signature verification process: $6500 Return Postage on VBM Ballots: $10,400 (not included in original estimate) - Business Reply Mail - charged only for what is returned through post office. Labor: $10,000 Election Day /Night Answer voter phone calls Provide troubleshooting personnel for vote centers Provide collection center to receive and securely store all voted ballots and other material received from the vote centers after the close of polls on election night. Provide unofficial election results after 8:00 p.m for those ballots which have already been counted. Labor: $3,000 Canvass Process and count all vote -by -mail ballots returned on election day or that were not previously counted. Completion of all canvass activities required by the Elections Code. Certify election results to the City of San Luis Obispo Secure storage of all election material for 6 months as required by the Elections Code. Labor: $6,000 Public Outreach /Legal notices Prepare and send press releases pertaining to election activities including but not limited to deadline for close of registration, mailing of vote -by -mail ballots, deadline for returning ballots, locations of vote centers. Develop and manage updates for website including voter registration lookup, vote -by -mail status lookup and accessibility features of vote center locations. Prepare and publish all required legal notices regarding central counting location and vote center locations pursuant to EC 12105 and 12109. Post precinct board members pursuant to EC12105.5 Labor & Publications: $3,000 City Clerk would be responsible for the following: OEXHIBIT A Pre - election notices as required by EC 12101 et seq except for those noted above All activities required by EC 9280 et seq. TOTAL- $90,000 The City of San Luis Obispo could request that the County Clerk-Recorder be involved in only certain aspects of the election or that the County Clerk- Recorder act only in an advisory role. The City could also choose to contract with an outside vendor instead of the Clerk- Recorder. At the.minimum, the Clerk- Recorder would provide the City of San Luis Obispo with: The voter files necessary to prepare and mail the vote -by -mail ballots. Access to poll worker files and past election procedure manuals. Names and contact information for temporary election staff. Access to voter registration system for use in issuing replacement ballots, verifying voters' signatures and updating voting history. RESOLUTION NO. 10262 (2011 Series) O2rGr,�q� A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APP; COOPERATION AGREEMENT BETWEEN THE CITY AND COUI, �/ Cp-ax q OBISPO TO RECOGNIZE JOINT PARTICIPATION IN THE UR oC 5540 2764�;- GRANT PROGRAM FOR FISCAL YEARS 2012 THROUI WHEREAS, the County of San Luis Obispo ( "County "), a political subdivision of the State of California, and the City of San Luis Obispo ( "City "), a municipal corporation, desire to participate in the Community Development Block Grant (CDBG) program administered by the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, said program will promote the public health, safety and welfare by providing grant funds to be used by the City and County ( "parties ") to improve housing opportunities for low- and moderate - income households, to encourage economic reinvestment, to improve community facilities and public services, and to provide other housing - related facilities or services; and WHEREAS, HUD requires that the parties enter into a cooperation agreement to define their rights and obligations as a prerequisite of participation in the Urban County program; and WHEREAS, the parties have developed such an agreement that automatically renews for subsequent three year increments unless the City provides written notice of its intent to not participate in a new qualification periods and WHEREAS, the City desires to continue its participation for the upcoming 2012 -2014 program years. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the Council makes the following findings: 1. The proposed Cooperation Agreement is consistent with the General Plan and with City and County policies encouraging cooperation between agencies on issues of regional significance such as affordable housing. 2. The proposed Agreement will promote the public health, safety and welfare by enabling the City and County to participate in HUD's Urban County entitlement program, thus making available funds for a variety of housing, economic development, and public services programs not otherwise possible or available. 3. The City and County intend to enter into sub - recipient agreements that will establish administrative policies and procedures, performance standards and funding schedules, project descriptions and funding, and guidelines for funding specific grant programs and projects. R 10262 �1 Resolution No. 10262 (2011 Series) Page 2 4. The Cooperation Agreement is not a "project" for purposes of compliance with the provisions of the California Environmental Quality Act and the City's Environmental Guidelines, and is therefore, exempt from environmental review. SECTION 2. Action. Authorization to Enter into Cooperation Agreement. The City Council does hereby authorize the Mayor to sign the Urban County Cooperation Agreement, Exhibit "A ", with the County to enable continued joint participation in the Urban County CDBG program administered by HUD. SECTION 3. City Manayer Authorized to Act for City. The City Manager is hereby authorized to act on behalf of the City in connection with the implementation of the agreement, on -going operation of the CDBG program, and all other activities necessary to carry out the intent of the agreement and amendments thereto. Upon motion of Vice Mayor Ashbaugh seconded by Council Member Smith, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was passed and adopted this 17`h day of May 2011. ATTEST: Elaina Cano City Clerk APPROVED AS TO piistine Dietrick Attorney �I EXHIBITA A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM, THE HOME INVESTMENT PARTNERSHIPS PROGRAM, THE EMERGENCY SOLUTIONS GRANT PROGRAM, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS (HOPWA) PROGRAM FOR FISCAL YEARS 2012 THROUGH 2014 !1 THIS AGREEMENT is made and entered into this 6'- day of, , 2011, by and between the County of San Luis Obispo, a political subdivisl&A of the State of California, hereinafter called "County"; and the City of San Luis Obispo, a municipal corporation of the State of California, located in the County of San Luis Obispo, hereinafter called "City "; jointly referred to as "Parties." WITNESSETH WHEREAS, in 1974, the U.S. Congress enacted and the President signed a law entitled, The Housing and Community Development Act of 1974, herein called the "Act". Said Act is omnibus legislation relating to federal involvement in a wide range of housing and community development activities and contains eight separate titles; and WHEREAS, Title I of the Act is entitled "Community Development' and governs programs for housing and community development within metropolitan cities and urban counties or communities by providing financial assistance annually for area- wide plans and for housing, public services and public works programs;. and WHEREAS, the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships (HOME) Program, the Emergency Solutions Grant (ESG) Program, and the Housing Opportunities for Person with AIDS (HOPWA) Program are consolidated under Title I of the Act; and WHEREAS, the County of San Luis Obispo has requested of the federal Department of Housing and Urban Development, hereinafter referred to as "HUD ", that the County be designated as an "urban county "; and WHEREAS, the County needs to requalify as an urban county and will be eligible to receive CDBG funds provided that the County's entitled cities defer their entitlement to the County to enable both the County and the entitlement. cities to jointly participate in the program; and WHEREAS, the City desires to participate jointly with the County in said program; and WHEREAS, if HUD redesignates the County as an urban county, the County may also be eligible to receive funds from the Home Investment Partnership Program Page 1 (hereinafter referred to. as "HOME "), the Emergency Solutions Program (hereinafter . referred to as "ESG "), and the Housing Opportunities for Persons with Aids Program (hereinafter referred to as "HOPWA "); and WHEREAS, the Community Development Block Grant Regulations issued pursuant to the Act provide that qualified urban counties must submit an application to the Department of Housing and Urban Development for funds, and that cities and smaller communities within the metropolitan area not qualifying as metropolitan cities may join the County in said application and thereby become a part of a more comprehensive county effort; and WHEREAS, as the urban county applicant, the County must take responsibility and assume all obligations of an applicant under federal statues, including: the analysis of needs, the setting of objectives, the development of community development and housing assistance plans, the consolidated plan, and the assurances of certifications; and WHEREAS, by executing this Agreement, the Parties hereby give notice of their intention to participate in the urban county CDBG, HOME, ESG, and HOPWA programs. NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions hereof, the Parties agree as follows: SECTION 1. General. A. Responsible Officers. The Director of the County of San Luis Obispo Department of Planning and Building (hereinafter referred to as "Director ") is hereby authorized to act as applicant for the CDBG, HOME, ESG, and HOPWA programs and to administer funding and activities under the programs. The City Manager is hereby authorized to act as the responsible officer of the City under the programs. B. Full Cooperation. Parties agree to fully cooperate and to assist each other in undertaking eligible grant programs or projects, including but not limited to community renewal and lower income housing assistance activities, specifically, urban renewal and publicly- assisted housing; public services; and economic development. C. Term of Agreement — Automatic Renewal Provision. The term of this Agreement shall be for a period of three (3) years commencing July 1, 2012 through June 30, 2015. In addition, this Agreement provides for automatic renewal for participation in successive three -year qualification periods, unless the City provides written notice at least 60 days prior to the end of the term that it elects not to participate in a new qualification period. Before the end of the first three -year term, the County will notify the City in writing of its right not to participate in the urban county for a successive three -year term. Page 2 The Parties agree to adopt amendments to this Agreement incorporating changes necessary to meet the requirements for cooperation agreements set forth in an Urban County Qualification Notice by HUD for a subsequent three -year urban county qualification period, prior to the subsequent three -year extension of the term. Any amendment to this Agreement shall be submitted to HUD as required by the regulations and any failure to adopt required amendments will void the automatic renewal of the Agreement for the relevant qualification period. The Agreement remains in effect until the CDBG, HOME, ESG, and HOPWA program funds and income received with respect to the three -year qualification period, and the subsequent three -year renewals are expended and the funded activities are completed. The Parties may not terminate or withdraw from the Agreement while the Agreement remains in effect. D. Scope of Agreement. This Agreement covers the following formula funding programs administered by HUD where the County is awarded and accepts funding directly from HUD: the CDBG Entitlement Program, the HOME Program, the Emergency Solutions Grant (ESG) Program, and the Housing Opportunities for Person with AIDS ( HOPWA) Program. SECTION II. Preparation and Submittal of CDBG Funding Applications. A. Inclusion of City as Applicant. Parties agree that City shall be included in the application the County shall submit to the Department of Housing and Urban Development for Title I Housing and Community Development Block funds under the above recited Act. B. Consolidated Plan. City shall assist the County by preparing a community development plan, for the period of this Agreement, which identifies community development and housing needs, projects and programs for the City; and specifies both short and long -term City objectives, consistent with requirements of the Act. County agrees to: (1) include the City plan in the program application, and (2) include City's desired housing and community development objectives, policies, programs, projects and plans as submitted by City in the County's consolidated plan. C. Application Submittal. County agrees to commit sufficient resources to completing and submitting the Consolidated Plan and supporting documents to HUD in time for the Parties to be eligible to receive funding beginning July 1, 2012, and to hold public hearings as required to meet HUD requirements. D. County Responsibility. Parties agree that the County shall, as applicant, be responsible for holding public hearings and preparing and submitting the CDBG funding application and supporting materials in a timely and thorough manner, as required by the Act and the federal regulations established by HUD to secure entitlement grant funding beginning July 1, 2012. Page 3 E. Grata Eligibility. In executing this Agreement, the Parties_ understand that they shall not be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations for fiscal years during the period in which the Parties are participating in the urban county CDBG entitlement program; and further, the City shall not be eligible to participate in the HOME, ESG or HOPWA programs except through the urban county. SECTION III. Program Administration.. A. Program Authorization. County Administrator is hereby authorized to carry out activities that will be funded from the annual CDBG, HOME, ESG, and HOPWA programs from fiscal years 2012, 2013, and 2014 appropriations and from any program income generated from the expenditure of such funds. .. B. Responsibilities of Parties. Parties agree that the County shall be the governmental entity required to execute any grant agreement received pursuant to the CDBG, HOME, ESG, and HOPWA applications, and the County shall thereby become legally liable and responsible thereunder for the proper performance of the plan and CDBG, HOME, ESG, and HOPWA under county programs. City agrees to act in good faith and with due diligence in performance of City obligations and responsibilities under this Agreement and under all subrecipient agreements. City further agrees that it shall fully cooperate with the County in all things required and appropriate to comply with the provisions of any Grant Agreement received. by the County pursuant to the Act and its Regulations. C. City Assistance. City agrees to undertake, conduct, perform or assist the County in performing the essential community development and housing assistance activities identified in the City's community development plan. Pursuant to the Act and pursuant to 24 CFR 570.501(b), the City is subject to the same requirements applicable to subrecipients, including the requirement of a written agreement with the County as set forth in 24 CFR 570.503. SECTION IV. Use of Program. Funds. A. Allocation of CDBG funds. All funds received by County pursuant to this Agreement shall be identified and allocated, as described below, to the specific projects or activities set out in the application, and such allocated amounts shall be expended exclusively for such projects or activities; provided, however, that a different distribution may be made when required by HUD to comply with Title I of the Housing and Community Development Act of 1974, as amended. 1) Metropolitan Cities' Allocation. Parties agree that County shall make available to City a total amount of CDBG funds equal to that which City would have been entitled had it applied separately as a "metropolitan city ", using HUD allocation formulas as applied by County. No "administrative" fee or other fees will be deducted by the County to meet Page 4 its obligations under the terms of this Agreement. Further, with respect to the availability of the funds, County agrees to fully cooperate and assist City in expending such funds. 2) Non - Metropolitan Cities' Allocation. County agrees to allocate a portion of CDBG program funds to the non - Metropolitan, incorporated cities participating in the program. The amount of allocation per city shall be equal to that which the urban county formula award from HUD increases as a result of the HUD allocation formulas as applied by County. 3) Special Urban Project Fund. It is further agreed that County shall set aside a portion of CDBG funds as a Special Urban Projects Fund, available to all participating incorporated cities and the County on a competitive basis. Amount of the Fund shall equal fifteen (15) percent of the urban county formula CDBG funding after deducting the allocation for cities as described in paragraph 1 and 2 above. The Special Urban Projects Fund shall be awarded annually by the County Board of Supervisors, following criteria developed jointly by County and the cities participating in the program. 4) County allocation. City agrees that urban county formula CDBG funds remaining after deducting allocations for cities and the Special Urban Projects Fund comprise the County allocation. B. Availability of Funds. County agrees to make CDBG funds available to all participating incorporated cities when HUD makes the CDBG funds available to it. The County shall immediately notify the participating incorporated cities of the availability of the funds. It is understood by the Parties hereto that the CDBG funds being used for the purposes of this Agreement are funds furnished, to the County, through HUD pursuant to the provisions of the Act. Notwithstanding any other provision of this Contract, the liability of the County. shall be limited to CDBG funds . available for the Project. The City understands that the County must wait for release of CDBG funds from HUD before CDBG funds may be advanced or reimbursed. The County shall incur no liability to the City, its officers, agents, employees, suppliers, or contractors for any delay in making any such payments. C. Administrative and Public Services Costs. County hereby acknowledges that City, as subrecipient, incurs certain administrative costs in preparing housing and economic development plans, program planning, management and accounting, professional support services, and other reasonable and necessary expenses to carry out City's plan; and further, County agrees that after the availability of CDBG program funds to City, County shall not use its remaining balance of funds in any way that would limit City's ability to use its Page 5 CDBG funds to the maximum extent allowed by HUD for administrative, public service, or program purposes. D. Income Generated. City shall notify the County of any income generated by the expenditure of CDBG funds received by the City. Such program income may be retained by City subject to the provisions of this Agreement, the Act and its Regulations. Any program .income retained must only be used for eligible activities in accordance with all CDBG requirements as they apply. E. Use of Program Income. County shall monstor the use of any program income, requiring appropriate record - keeping and reporting by the City as may be needed for this purpose, and shall report the use of such program income to HUD. In the event of close -out or change of status of the City, all program income on hand or received by the City subsequent to the close -out . or change of status shall be paid to the County. In the event that the City withdraws from the urban county to become an entitlement grantee, as provided under 24 CFR 570.504, all program income on hand or received by the City from urban county activities shall be retained by the City to be used as additional CDBG funds subject to all applicable requirements governing the use of CDBG funds. F. Change in Use of Property. City shall.notify the County of any modification or change in the use of real property acquired or improved in whole or in part using CDBG funds that is within the control of the City, from that use planned at the time of acquisition or improvement including disposition. Such notification shall be made within thirty (30) days of such change of use and comply with the provisions of 24 CFR 570.505. G. Fair Housing Implementation. Parties agree that no urban county funding shall be allocated or expended for activities in or in support of any cooperation unit of general local government that does not affirmatively further fair housing within its own jurisdiction or that impedes the County's actions to comply with its fair housing certification. H. Conflict Resolution. In the event of disagreement between the County and the City as to the allocations, disbursement, use, or reimbursement of CDBG funds, the Parties agree to accept HUD's written determination as to the appropriate resolution or disposition of funds to the .extent HUD is willing to resolve such disagreement. SECTION V. Amendment or Extension of Agreement. A. Subrecipient Agreement. For each fiscal year during the term of this Agreement, County and City shall enter into a Subrecipient Agreement, prepared jointly by County and City, that will list the project(s) City will undertake with its CDBG entitlement funds during that program year. Said Subrecipient Agreement will set forth the. project changes, time schedule for Page 6 completion of the project(s), and additional funding sources, if any. If substantial compliance with the completion schedule, cannot. be. met by the City due to unforeseen or uncontrollable circumstances, the County may extend the schedule for project completion, as allowed by federal regulations. B. Amendments. Any amendment to the Agreement shall be in writing. Parties agree . that any such frilly executed amendment or amendments to this Agreement may be entered into at any time if required or necessary to implement the plans contemplated hereunder, or to comply with any grant agreement or the regulations issued pursuant to the Act. SECTION VI. Compliance with Federal Regulations. A. General. Parties agree to take all actions necessary to comply with the urban county's certifications required by section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing Act, Section 109 of Title I of the Housing and Community Development Act of 1974; the National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real Property Acquisition Act of 1970; and other applicable laws. B. Citizen Participation. Parties agree to comply with federal citizen participation requirements of 24 CFR Part 91, and provide citizens with: 1) An estimate of the amount of CDBG funds proposed to be used for activities that will benefit persons of low and moderate income; and 2) A plan for minimizing displacement of persons as a result of CDBG- assisted activities and programs, and to provide assistance to' such persons. C. Citizen Participation Plan. ' Parties agree to follow a citizen participation plan which: 1) Provide for and encourages citizen participation, particularly those of low or moderate income who reside in slum or blighted areas where CDBG funds are proposed to be used; 2) Provide citizens with reasonable and timely access to local meetings, staff reports, and other information relating to grantee's proposed use of funds, as required by HUD regulations related to the actual use of funds under the Act; 3) Provides for public hearings to obtain citizen views and to respond to proposals and questions at all stages of the community development program, including at least: 1) formulation of needs; 2) review of proposed grant activities; and 3) review of program performance; for which public hearings shall be held after adequate .. notice; at times and locations Page 7 I� I� convenient to potential or actual beneficiaries, .and with accommodation of handicapped persons; 4) Provides for a timely written answer to written complaints and grievances, within 15 working days where practicable; 5) Identifies how the needs of non- English speaking residents will be met in the case of public hearings where a significant number of non- English speaking residents can be reasonably expected to participate. 6). Identifies the use of non - traditional methods of community outreach, including the provision of CDBG documents in a user - friendly format, including but not limited to Braille, large print, oral format, and delivering copies to homebound individuals. D. Parties hereby certify, to the best of their knowledge and belief, that:. 1) Conflict of Interest. No federal grant monies have been paid or will be paid,, by or on behalf of the Parties, to any officer or employee or any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract; grant, loan, or cooperative agreement. 2) Influence. If any funds other than federally appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit standard form LLL, "Disclosure Form to Report Lobbying," in accordance With its instructions. 3) Certifications Disclosure. Parties agree to include this certification in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was entered into. Page 8 E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding Enforcement of State and Local Laws Barring Entrances. In accordance with Section 519 Public Law 101 -144 (the 1990 HUD Appropriations Act), the City certifies that it has adopted and is enforcing. 1) A policy prohibiting the use of excessive force by law enforcement agencies within their respective jurisdictions against any individuals engaged in non - violent civil rights demonstrations; and 2) A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location which is the subject of such non - violent civil rights demonstrations within their jurisdictions. SECTION VII. Execution of Agreement and Recordkeening. A. HUD Certification. The Director is hereby authorized to execute and submit to the County the HUD Certification Form with respect to the community development activities carried out within the boundaries of the City. It is further understood that the County will rely upon the certification executed by the Director for purposes of executing a certification form for submission to HUD. B. Maintenance of Records. City shall maintain records of activities for any projects undertaken pursuant to the program, and said records shall be open and available for inspection by auditors assigned by HUD and/or County on reasonable notice during the normal business hours of the City. NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be executed and attested by their proper officer thereunder duly authorized, and their official seals to be hereunto affixed, all as of the day first above written. County Counsel Certification The Office of the County Counsel hereby certifies that the terms and provisions of this Agreement are fully authorized under State and local laws, and that the Agreement provides full legal authority for the County to undertake or assist in undertaking essential community development and housing assistance activities, specifically urban renewal and publicly assisted housing. - IN .kod6 WhitneyMcDonald, Deputy County Counsel Dates q Page 9 COUNTY OF SAN LUIS OBISPO By: v4v,,V Chairperson of the Board of Supervisors Date: 61 ?A I ATTEST: Julie Rode d, unty Cler n ^ ^ Date: V (o IL� Page 10 NOW, THEREFORE, the Parties hereto have caused this Cooperation Agreement to be executed and attested by their proper officer therunder duly authorized, and their official seals to be hereunto affixed, all as of the day first above written. CITY OF SAN LUIS OBISPO / " Z067G Jan Marx, M Date: 14 / Jolt ATTEST: Elaina Cano, City Clerk Date: APPROVED AS TO CONTENT: Kate Lichtig, City anager Date: io APPROVED AS TO J. CJ Stine Dietrick, City Attorney Date: Page 1 I IN THE BOARD OF SUPT - !ISORS COUNTY OF SAN LUIS OBISPO, STATE yr CALIFORNIA Tuesday June 21 2011 PRESENT: Supervisors Frank Mecham, Bruce S. Gibson, Paul S. Teixeira, James R. Patterson, and Chairperson Adam Hill ABSENT: None RESOLUTION NO. 2011-188 RESOLUTION APPROVING COOPERATIVE AGREEMENTS WITH THE CITIES OF ARROYO GRANDE, ATASCADERO,.MORRO BAY, PASO ROBLES, AND SAN LUIS OBISPO FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK GRANT, HOME INVESTMENT PARTNERSHIPS ACT, EMERGENCY SOLUTIONS GRANT, AND THE HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS PROGRAMS FOR FISCAL YEARS 2012 THROUGH 2014 The following resolution is hereby offered and read: WHEREAS, the County of San Luis Obispo sees a need to promote and protect decent and suitable housing and community development opportunities for the residents of this county; and WHEREAS, Title I of the Housing and Community Development Act of 1974, as amended, (hereinafter the "Act") provides for grant funds to be made available for the development of viable communities, by providing decent housing and a suitable.living environment and expanding economic opportunities, principally for persons of low and moderate income; and WHEREAS, the County of San Luis Obispo, based on Section 102(a)(6)(A) of the Act and Section 23000 et seq.-of the California Government Code may seek to participate in the Community Development Block Grant Program as an Urban County; and WHEREAS, the cities of Arroyo Grande, Atascadero, Morro Bay, Paso Robles and San Luis Obispo wish to participate in the Community Development Block Grant, HOME Investment Partnerships Act, Emergency. Solutions Grant, and the Housing Opportunities for Persons with AIDS Programs, and have executed cooperative agreements with the County as required by the Act. NOW, THEREFORE BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of San Luis Obispo, State of California, as follows:. That the cooperative agreements with the cities of Arroyo Grande, Atascadero, Morro Bay, Paso Robles and San Luis Obispo for joint participation in the Community Development Block Grant, HOME Investment Partnerships Act, Emergency Solutions Grant, and the Housing Opportunities for Persons with AIDS Programs for fiscal years 2012 through 2014 are hereby approved by the Board of Supervisors of the County of San Luis Obispo and the Chairperson of the Board of Supervisors of the County of San Luis Obispo and the Chairperson of the Board of Supervisors is hereby authorized and directed to execute said agreements on Behalf of the County. a motion of Supervisor Mecham, seconded by S visor Teixeira, and on the following roll call vote; to wit: AYES: Supervisors Mecham, Teixeira, Gibson, Patterson; Chairperson Hill NOES: None ABSENT: None ABSTAINING: None the foregoing resolution is hereby adopted. ADAM HILL Chairman of the Board of Supervisors of the County of San Luis Obispo, State of California ATTEST JULIE L. RODEWALD County Clerk and Ex- Officio Clerk of the Board of Supervisors, County of San Luis Obispo, State of California By: C.M. CHRISTENSEN Deputy Clerk [SEAL] APPROVED AS TO FORM AND LEGAL EFFECT: WARREN R. JENSEN County Counsel By: /s/ Timothy McNulty Timothy McNulty, Chief Deputy County Counsel Dated: 6 -8 -2011 STATE OF CAUFORNIA ) ss. COUNTY OF SAN LUIS OBISPO) 1, JUUE L RODEWALD, County Clerk of the above entitled County, and Ex -Officio Clerk of the Board of Supervisors thereof, do hereby certify the foregoing to be a full, true and correct copy of an order entered in the minutes of said Board of Supervisors, and now remaining of record in my office. Witness, my hand and seal of said Board of Supervisors this 28th day of June, 2011. JUUE L RODEWAU), County Clerk a Ex-O do Clerk of the Board of Supervisors By: 0A) Deputy Clerk t\ sv28002\homelTNavarrolTONY1C00PERATION AGREEMENTS 2011\Staff report\2011 Resolution Tim.doe RESOLUTION NO. 10261 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING THE CITY'S INTENT TO APPROVE A FRANCHISE ORDINANCE, SUPERSEDING ORDINANCE 1391 (2001 Series), TO OPERATE AND MAINTAIN PIPELINES FOR THE TRANSPORTATION OF OIL AND OTHER SPECIFIED MATERIALS IN THE CITY OF SAN LUIS OBISPO BY CONOCOPHILLIPS PIPE LINE COMPANY, A DELAWARE CORPORATION, ( CONOCOPHILLIPS) AND SETTING A PUBLIC HEARING FOR JUNE 79 2011 WHEREAS, the City of San Luis Obispo adopted Ordinance No. 1391 on July 10, 2001, granting a franchise to Union Pipeline Company, a California Corporation, for a term of 10 years for the transportation and distribution of oil and other specified materials in the City of San Luis Obispo; and WHEREAS, on April 17, 2007, the City Council adopted Ordinance No. 1504, transferring the franchise agreement from Union Pipeline Company to ConocoPhillips; and WHEREAS, on February 11, 2011, ConocoPhillips applied to the City of San Luis Obispo for a new franchise agreement to replace the existing franchise agreement approved by Ordinance No. 1391, and set to expire on July 9, 2011; and WHEREAS, ConocoPhillips is currently operating pipelines for the transportation of oil and other specified materials within the City of San Luis Obispo; and WHEREAS, the new franchise agreement will include the following key provisions: Purpose: To maintain and operate pipelines for the transportation of oil and hydrocarbons within the City of San Luis Obispo. Type: Non - exclusive Term: 10 Years Fees: Annual franchise fee to the City in accordance with Public Utilities Code Section 6231.5 (a fee ranging from $0.088 to $0.660, adjusted per the Consumer Price Index, per lineal foot based on pipeline diameter) Bond: One million dollars faithful performance bond Insurance: Ten million dollars liability insurance Indemnity: ConocoPhillips to indemnify the City for any and all damages to personas or property arising out of operations under the franchise. Includes indemnity for joint acts with the City. R 10261 r^ Resolution No. 10261 (2011 Series) Page 2 In addition, the franchise covers all other subjects commonly found in such franchise documents such as: the type of maintenance and operation of the pipelines, permitted transfers of the franchise, requirement for moving pipelines to accommodate public works and utilities, encroachment permits, and pipeline abandonment and removal requirements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 1002 of the Charter of the City of San Luis Obispo, the City Council hereby declares its intention to consent to the granting of a franchise to maintain and operate pipelines for the transportation of oil and other specified materials within the City of San Luis Obispo to CONOCOPHILLIPS PIPE LINE COMPANY, A DELAWARE CORPORATION. SECTION 2. A public hearing will be held on June 7, 2011, at 7:00 PM in the Council Chambers of City Hall, located at 990 Palm Street, San Luis Obispo, California. The City Clerk shall publish this resolution within fifteen (15) days of its passage in a newspaper in the City of San Luis Obispo. Any persons having an interest in the franchise approval or any objection to the approval of the franchise may appear before the Council to be heard thereon. Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Carpenter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 3rd day of May 2011. ATTEST: Elaina Cano City Clerk APPROVED AS TO istine Dietrick City Attorney RESOLUTION NO. 10260 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1318 PACIFIC 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 - 342 -010, located at 1318 Pacific Street, San Luis Obispo, California 93401, also described as the Louisiana Clayton Dart House (hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as a historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Ordinance; 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; and WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on March 28, 2011, to consider a request by Thom Brajkovich and Mary Kay Harrington, owners of 1318 Pacific Street; and WHEREAS, the City Council has considered the Cultural Heritage Committee's recommendation, documentation for the property on file in the Community Development Department, public testimony, the staff report, and the City's Historical Preservation Ordinance. R 10260 Resolution No. 10260 (2011 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council makes the following findings: 1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in financial assistance programs such as property tax reduction programs that encourage maintenance and restoration of historic properties. 2. The Louisiana Clayton Dart House located at 1318 Pacific Street, has been recognized as a historic asset in the community by its designation as a Master List Historic Property. As such, maintaining the structure will meet the City's goals for historic preservation listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space Element. SECTION 2. Historic Preservation Agreement approved. The City Council hereby approves the "Historic Preservation Agreement Between the City of San Luis Obispo and the Owners of the Historic Property Located at 1318 Pacific Street ", and entered into between the City and owners, Thom Brajkovich and Mary Kay Harrington. SECTION 3. 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. SECTION 4. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review. SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the parties 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 Ashbaugh, seconded by Council Member Carpenter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None Resolution No. 10260 (2011 Series) Page 3 The foregoing resolution was adopted this 3`d day of May 2011. ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney RESOLUTION NO. 10259 (2011 Series) A RESOLUTION APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND DEPOT SQUARE LP, OWNER OF A DESIGNATED HISTORIC BUILDING AT 1880 SANTA BARBARA AVENUE, 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 buildings to provide for appropriate use, maintenance, and rehabilitation such that these historic buildings 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 003 - 659 -009, located at 1880 Santa Barbara Avenue, San Luis Obispo, California 93401, also described as the Channel Commercial Wholesale Company Building (hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated the Channel Commercial Wholesale Company Building as a historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Ordinance; and WHEREAS, the City and owner, for their mutual benefit, now desire to enter into this agreement to limit the use of the building 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; and WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on February 28, 2011, to consider a request by Depot Square LP, owner of 1880 Santa Barbara Avenue; and WHEREAS, the City Council has considered the Cultural Heritage Committee's recommendation, documentation for the building on file in the Community Development Department, public testimony, the staff report, and the City's Historical Preservation Ordinance. R 10259 Resolution No. 10259 (2011 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. SECTION 1. Findings. The City Council makes the following findings: 1. Conservation and Open Space Element.program 3.6.2 indicates the City will participate in financial assistance programs such as property tax reduction programs that encourage maintenance and restoration of historic buildings. 2. The Channel Commercial Wholesale Company Building, located at 1880 Santa Barbara Avenue, has been recognized as a historic asset in the community by its designation as a Master List Historic Building. As such, maintaining the structure will meet the City's goals for historic preservation listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space Element. SECTION 2. Historic Preservation Agreement approved. The City Council hereby approves the "Historic Preservation Agreement Between the City of San Luis Obispo and the Owners of the Historic Building Located at 1880 Santa Barbara Avenue ", and entered into between the City and Depot Square LP. SECTION 3. 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. SECTION 4. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review. SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the parties 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 Council Member Smith, seconded by Vice Mayor Ashbaugh, and on the following vote: AYES: Council Members Carpenter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Member Carter ABSENT: None Resolution No. 10259 (2011 Series) Page 3 The foregoing Resolution was adopted this 3`d day of May 2011. �� r JMarx ATTEST: Elaina Cano City Clerk APPROVED AS TO §tine Dietrick Attorney RESOLUTION NO. 10258 (2011 Series) A RESOLUTION APPROVING A HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND MATT AND SARAH RITTER, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1352 PACIFIC 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 - 342 -026, located at 1352 Pacific Street, San Luis Obispo, California 93401, also described as the Charles John Kelly House, (hereinafter referred to as the "historic property"); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as a historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Ordinance; 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; and WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a public hearing on February 28, 2011, to consider a request by Matt and Sarah Ritter, owners of 1352 Pacific Street; and WHEREAS, the City Council has considered the Cultural Heritage Committee's recommendation, documentation for the property on file in the Community Development Department, public testimony, the staff report, and the City's Historical Preservation Ordinance. R 10258 Resolution No. 10258 (2011 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council makes the following findings: 1. Conservation and Open Space Element program 3.6.2 indicates the City will participate in financial assistance programs such as property tax reduction programs that encourage maintenance and restoration of historic buildings. 2. The Charles John Kelly House, located at 1352 Pacific Street, has been recognized as a historic asset in the community by its designation as a Master List Historic house. As such, maintaining the structure will meet the City's goals for historic preservation listed in policies 3.3.1 through 3.3.5 of the Conservation and Open Space Element. SECTION 2. Historic Preservation Agreement approved. The City Council hereby approves the "Historic Preservation Agreement Between the City of San Luis Obispo and the Owners of the Historic Property Located at 1352 Pacific Street ", and entered into between the City and Matt and Sarah Ritter. SECTION 3. 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. SECTION 4. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review. SECTION 5. Recordation of the Agreement. No later than twenty (20) days after the parties 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 Ashbaugh, seconded by Council Member Carter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None Resolution No. 10258 (2011 Series) Page 3 The foregoing Resolution was adopted this 3`d day of May 2011. M& Jan Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: RESOLUTION NO. 10257 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT MAP FROM TOURIST COMMERCIAL TO SERVICES & MANUFACTURING FOR PROPERTIES LOCATED AT 14459 1443 & 1433 CALLE JOAQUIN (GP/R/ER 70 -10) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on March 23, 2011, 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 19, 2011, pursuant to a proceeding instituted under application GP/R/ER 70 -10, America's Tire, 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. NOW, THEREFORE, 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 subject to the following mitigation measures and monitoring programs being adopted with the project to reduce potentially - significant impacts to less - than- significant levels. Mitigation Measures: AIR QUALITY 1. During construction/ground disturbing activities, the applicant shall implement the following particulate (dust) control measures. These measures shall be shown on grading and building plans. In addition, the contractor shall designate a person or persons to monitor the dust control program and to order increased watering, as necessary, to prevent transport of dust off site. Their duties shall include holiday and weekend periods when work may not be R 10257 Resolution No. 10257 (2011 Series) Page 2 in progress. The name and telephone number of such persons shall be provided to the Community Development Department prior to commencement of construction. a. Reduce the amount of disturbed area where possible. b. Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency will be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible. c. Dirt stock pile areas (if any) should be sprayed daily as needed. d. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. e. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with California Vehicle Code Section 23114. Monitoring Program: These conditions shall be noted on all project grading and building plans. The applicant shall present evidence of a plan for complying with these requirements prior to issuance of a grading or building permit from the City. The applicant shall provide the City with the name and telephone number of the person responsible for ensuring compliance with these requirements. The Building Inspector and Public Works Inspectors shall conduct field monitoring. CULTURAL RESOURCES 2. If excavations encounter significant paleontological resources, archaeological resources, or cultural materials, then construction activities that may affect them shall cease until the extent of the resource is determined and the Community Development Director approves appropriate protective measures. The Community Development Director shall be notified of the extent and location of discovered materials so that a qualified archaeologist may record them. 3. If pre - historic Native American artifacts are encountered, a Native American monitor should be called into work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws Monitoring Program: Requirements for cultural resource mitigation shall be clearly noted on all plans for project grading and construction. The Community Development Director would intervene if significant discoveries are unearthed. r Resolution No. 10257 (2011 Series) Page 3 HAZARDS AND HAZARDOUS MATERIALS 4. All owners, potential purchasers, occupants (whether as owners or renters), and potential occupants (whether as owners or renters) will receive the disclosure document approved by the Airport Land Use Commission in conjunction with this review prior to entering any contractual obligation to purchase, lease, rent, or otherwise occupy any property or properties within the airport area. 5. Avigation easements will be recorded for the subject property (if one has not already been recorded). Monitoring Program: Community Development Department staff would follow up with assuring that ALUC requirements were met prior to building permits for any new development on parcels. HYDROLOGY AND WATER QUALITY 6. Oil and sand separators or other filtering media shall be installed at each drain inlet intercepting runoff as a means of filtering toxic substances from run off before it enters the creek directly or through the storm water system. The separator must be regularly maintained to ensure efficient pollutant removal. As an alternative, or possibly in addition to, the applicant may install porous pavers in the parking lot area to allow for natural filtering of pollutants by the soil, to the approval of the Natural Resources Manager, Community Development Director, and the Architectural Review Commission (ARC). Monitoring Program: Community Development staff would route specific development plans for the site to the Public Works Department and Natural Resources Manager for their input. The ARC would review and approved site development plans. City staff would review plans for a building permit for implementation and follow up with site inspections. 7. The applicant shall provide the Director of Public Works with a detailed hydraulic analysis, which indicates how the project will comply with the requirement to have a design capacity for a 100 -year storm. The analysis shall also include any needed channel erosion control protection to the satisfaction of the Director of Public Works, Natural Resources Manager, and other regulatory agencies overseeing creek work. Monitoring Program: Public Works Department staff will coordinate with the Natural Resources Manager and verify compliance with their review of working drawings for a building permit and subsequent inspections. Resolution No. 10257 (2011 Series) Page 4 LAND USE 8. As part of the rezoning a Special Considerations "S" overlay zone shall be applied to all three properties consistent with Chapter 17.56 of the Zoning Regulations. The S overlay designation will ensure future land use compatibility with the site specifically related to the following site constraints: a. "A" flood zone as designated on FEMA maps for this property. b. Creek habitat protection. c. Location within the Airport Land Use Plan Safety Zones S -2, S - lc, and S - lb. d. Prohibit certain allowable and conditionally allowable uses at the site to eliminate future traffic impacts. e. Protect the ability of the Motel 6 to be redeveloped. Monitoring Program: Community Development Department staff will oversee implementation of the rezoning. An administrative use permit for the tire store at 1443 Calle Joaquin will be processed concurrently with the detailed site development plans submitted for review by the Architectural Review Commission. NOISE 9. The applicant shall include sound mitigation to limit the amount of stationary noise generated by the proposed tire store at 1443 Calle Joaquin at its shared property line with Motel 6 to 50 decibels; the location and design of project structures shall not amplify noise onto the Motel Inn property. Monitoring Program: The ARC will review project development for compliance. Community Development staff will review building permit plans for consistency with ARC conditions and inspect wall installation once constructed. SECTION 2. General Plan Amendment Approval with Findings & Conditions. The City Council finds and approves the General Plan Amendment included as part of City Application No. GP/R 70 -10 to amend the land use designation from Tourist Commercial to Services & Manufacturing for the properties located at 1445, 1443, & 1433 Calle Joaquin, based on the following findings and subject to the following conditions: Findings: 1. The proposed amendment to the Land Use Element Map furthers the goals of the General Plan specifically LUE 3.6.1 to have land designated for certain service uses that meet the demands of the City, and some demands of the region. Resolution No. 10257 (2011 Series) Page 5 2. The proposed General Plan Amendment will not be detrimental to the health, safety and welfare of those living and working in the vicinity since the proposed changes to the City's maps will accommodate existing development of the sites at 1433 & 1445 Calle Joaquin that are compatible with other properties in the surrounding vicinity and will appropriately direct redevelopment of the site at 1443 Calle Joaquin with a compatible land use. 3. The proposed General Plan Amendment will not adversely affect the amount of area within the City set aside for Tourist Commercial uses as additional sites in the near vicinity have been added in recent years to the area to offset the demand for tourist- serving uses like restaurants and motels. 4. On February 16, 2011, the San Luis Obispo County Airport Land Use Commission determined that the proposed General Plan Amendment and Rezone was consistent with the San Luis Obispo County Regional Airport Land Use Plan. 5. The project sites are subject to several criteria which clearly warrant an overlay zone -to direct proposed and future development and to insure for on -going compatibility with surrounding land uses. The following circumstances warrant the S overlay zone: a. "A" flood zone as designated on FEMA maps. b. Creek habitat protection. c. Location within the Airport Land Use Plan Safety Zones S -2, S -lc, and S -lb. d. Prohibit certain allowable and conditionally allowable uses at the site to eliminate future traffic impacts. e. Protect the ability of the Motel 6 to be redeveloped. 6. The City Council finds and determines that the project's Mitigated Negative Declaration adequately addresses the potential significant environmental impacts of the proposed project. 7. The Planning Commission recommended adoption of a Mitigated Negative Declaration on March 23, 2011. The City Council finds and determines that the project's Mitigated Negative Declaration with all of the mitigation measures listed in this resolution adequately addresses the potential significant environmental impacts of the proposed project. Conditions: 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. Resolution No. 10257 (2011 Series) Page 6 Upon motion of Council Member Carpenter, seconded by Council Member Carter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, and Mayor Marx NOES: Vice Mayor Ashbaugh ABSENT: None The foregoing resolution was adopted this 19th day of April 2011. L VIr Jan Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: c"zVa"4 � r'Christine Dietrick City Attorney General Plan Land Use Element Map: 1445, 1443,1433 Calle Joaquin Exhibit A / 4 1 V •t V —, a. C /OS A a C -S- " all ru- 1- t 7r. L - ,��sn � a• F i \ iJ V PF -S �o G 49 Rezone From: J Tourist Commercial d to Services & Manufacturing f 4 Q N A 0 0.04 0.08 0.16 0.24 0.32 Miles RESOLUTION NO. 10256 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE EXECUTION OF A MASTER AGREEMENT AND PROGRAM SUPPLEMENTS FOR STATE FUNDED TRANSIT PROJECTS WHEREAS, the City of San Luis Obispo may receive state funding from the California Department of Transportation (Department) now or sometime in the future for transit projects; and WHEREAS, substantial revisions were made to the programming and funding process for the transportation projects programmed in the State Transportation Improvement Program, by Chapter 622 (SB 45) of the Statutes of 1997; and WHEREAS, the Traffic Congestion Relief Act of 2000 (the Act) was established by Chapters 91 (AB 2928) and 92 (SB 496), as amended by SB 1662, of the statutes of 2000, creating the Traffic Congestion Relief Program (TCRP); and WHEREAS, the statutes related to state - funded transit projects require a local or regional implementing agency to execute an agreement with the Department before it can be reimbursed for project expenditures; and WHEREAS, the Department utilizes Master Agreements for State - Funded Transit Projects, along with associated Program Supplements, for the purpose of administering and reimbursing state transit funds to local agencies; and WHEREAS, the City of San Luis Obispo wishes to delegate authorization to execute these agreements and any amendments thereto to the Public Works Director. NOW, THEREFORE, BE IT RESOLVED by the City Council of San Luis Obispo that; 1. The fund recipient agrees to comply with all conditions and requirements set forth in this agreement and applicable statutes, regulations and guidelines for all state - funded transit projects. 2. The City Manager is authorized to execute the Master Agreement and for the Public Works Director to execute and all Program Supplements for State - Funded Transit Projects and any Amendments thereto with the California Department of Transportation. Upon motion of Council Member Carpenter, seconded by Vice Mayor Ashbaugh, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None R 10256 Resolution No. 10256 (2011 Series) Page 2 The foregoing resolution was adopted this 19th day of April 2011. , M Jan Marx ATTEST: Elaina Cano City Clerk istine Dietrick City Attorney RESOLUTION NO. 10255 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ACCEPTING A NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO WHEREAS, the City of San Luis Obispo, a charter city and political subdivision of the State of California, wishes to move forward with the annexation of the Orcutt Area; and WHEREAS, the Revenue and Taxation Code 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, Revenue and Taxation Code 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; 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 shall notify the County Auditor of the exchange of property tax revenues by transmitting a copy of said resolutions to him and the County Auditor shall thereafter make the appropriate adjustments as required by law; and WHEREAS, the negotiations have taken place concerning the transfer of property tax revenues and annual tax increments between the County of San Luis Obispo and the City of San Luis Obispo pursuant to Section 99(a)(1) for the jurisdictional change designated as Annexation No. 79 to the City of San Luis Obispo ( Orcutt); and WHEREAS, the negotiating party, to wit: Dan Buckshi, Assistant County Administrative Officer and Emily Jackson, Administrative Analyst, on behalf -of the County and Michael Codron, Assistant City Manager and Mary Bradley, Interim Finance Director /City Treasurer, on behalf of the City of San Luis Obispo have negotiated the exchange of property tax revenue and annual tax increments between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increments be consummated. NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Agreement. The City Council agrees to accept the following negotiated exchange of base property tax revenues and annual tax increment. R 10255 Series) Resolution No. 10255 (2011 Series) Page 2 1. No base property tax revenue shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo. 2. For the purposes of this exchange, all land within the annexation area will be considered to be pre -zoned residential. 3. Annual tax increments shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo in fiscal year 2011 -2012 and each fiscal year thereafter in the amount of 34 percent of the increment remaining after transfers to the Educational Revenue Augmentation Fund (ERAF). 4. If development of the open space area (44 percent or 100 acres) of the site is ever pursued, it will be incumbent upon the City to notify the County of such development and the County will reserve the right to renegotiate with the City regarding a revised formula for the exchange of property tax increment in that area. SECTION 2. Transmittal. The City Clerk is authorized and directed to transmit a certified copy of the resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law. Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Smith, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 5th day of April, 2011. (Ive� May n Marx FEN 0 141.11 Elaina Cano City Clerk APPROVED AS TO FORM: hristine Dietrick City Attorney RESOLUTION NO. 10254 (2011 Series) ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION PLATFORM FOR 2011 AND APPOINTMENT OF COUNCIL MEMBER 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 federal priorities identified in Exhibit "B ", the San Luis Obispo County Air Pollution Control District's legislative program identified in Exhibit "C," the San Luis Obispo Council of Governments' legislative program identified in Exhibit "D" 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 2011 as set forth in the attached Exhibits "A," "B," "C" and "D" 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 Mayor Jan Marx to act as Council Member legislative liaison and City Manager Katie Lichtig and City Attorney J. Christine Dietrick to act as staff legislative liaisons with the League of California Cities. R 10254 Resolution No. 10254 (2011 Series) Page 2 Upon motion of Council Member Carpenter, seconded by Vice Mayor Ashbaugh, and on the following voter AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None the foregoing resolution was adopted this 5th day of April, 2011. Mayo on rl'l*�� Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: &legislative Priorities\2011 Docs\2011 Resolution.doc CITY OF SAN LUIS OBISPO LEGISLATIVE ACTION PLATFORM FOR 2011 Community Development Exhibit A 1. Promoting reforms of the entire State mandated HCD Regional Housing Need Allocations process to recognize local resource limitations. 2. Promoting funding sources to accomplish retrofitting of unreinforced masonry buildings. 3. Promoting funding of on campus housing at Cal Poly 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 and opposing the erosion of local inclusionary housing and in -lieu fee programs. 6. Promoting additional state funding to implement SB 375 through local general plan updates that implement the regional sustainable communities plan and alternative planning strategy, if needed. 7. Promoting funding for the identification, acquisition, maintenance and restoration of historic sites and structures. 8. Supporting continued or expanded funding for CDBG program. 9. Supporting reinstatement of protections from imposition of additional building or site conditions prior to issuance of a building permit for seismic related improvements to buildings subject to a mitigation program established according to state law (our URM Program) as previously provided in Government Code Section 8875.10 (this section was repealed effective January 1, 2009). 10. Supporting continued local control over mobile home park rent stabilization and the conversion of mobile home parks to other uses. 11. Promoting a legislative "fix" to lending constraints that prevent implementation of AB 811 property- assessed clean energy districts. 12. Encouraging a legislative "fix" to inclusionary housing provisions and Costa - Hawkins Act. 13. Encouraging consistency in state legislation dealing with transportation, housing and land use issues. For example, HCD insists that RHNAs for low income housing can only be met by providing large open tracts of vacant residentially zoned land is in conflict with SB 375, AB 32, Regional Blueprints and other "smart growth" mandates. C! Economic Develoament r� Exhibit A 14. Promoting funding and/or legislation using tax credits or other incentive programs to encourage research and development by businesses in California. 15. Supporting funding and policies for the promotion of California as a place to locate businesses. 16. Supporting funding for the state tourism promotion program. 17. Supporting the effective and efficient use of all communications technologies including voice, video, data, and information services over wired and wireless transmission technologies.. 18. Supporting telecommunications reform legislation and other measures that preserve local control over public rights -of -way, protect local resources and guarantee access to, funding for, and local flexibility in utilizing funds for public, educational and government (PEG) access television. Finance 19. Continuing to support efforts to protect the City from loss of revenues due to State take -aways and unfunded State or Federal mandates. 20. 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. 21. Supporting legislation and other measures to change processes in California regarding: determining legislative district boundaries, modifying term limit restrictions, and reducing the two- thirds vote required for adoption of the State budget. Human Resources/Employee Relations/Human Relations 22. Supporting additional workers compensation reforms that lower employers' costs while still protecting workers. 23. Supporting pension and retiree health benefits reform efforts in concert with the League of California Cities and the California Public Employees Retirement System (PERS) Board of Directors. 24. Opposing the expansion of the "Peace Officers' Bill of Rights," "Firefighters' Bill of Rights," or other attempts to curtail management rights. 25. Supporting legislation that provides funding sources for appropriate human service agencies that support the mission of the Human Relations Commission. I I Exhibit A 26. Supporting legislation to protect the City's continued ability to administer its Cafeteria Benefit Plan. 27. Supporting reforms that limit the financial impacts of joint and several liability on public entities. Public Safety 28. 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. 29. Preserving the City's authority to investigate police misconduct. 30. Preserving the City's authority to establish both medical and non - medical emergency service levels. 31. Supporting efforts to expand the scope of parental responsibility for crimes committed by minors. 32. Preserving the authority of local control on issuance of concealed weapons permits. 33. Supporting legislation to help curb alcohol- related criminal behavior and underage drinking. 34. Opposing new or increased state fees for state provided law enforcement services. 35. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free from interference, for all local public safety communication needs. 36. Supporting efforts to reduce retention periods for video monitoring tapes. Public Works 37. 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. 38. Supporting legislation that would increase funding for projects that improve flood protection for the City. 39. Ensuring cooperation and prompt approval from Federal and State regulatory agencies (such as the Department of Fish & Game and the Army Corps of Engineers) for necessary projects involving the City's creek system. Exhibit A 40. Supporting legislation which would exclude assessments for vital infrastructure from Prop. 218 requirements. 41. Supporting legislation to provide monetary incentives or grant funding for alternative fuel vehicles for replacement of municipal fleet equipment. 42. Supporting legislation to provide monetary incentives or grant funding for retrofitting municipal buildings with Energy Management Systems to centrally control all lighting and HVAC systems. Parks and Recreation and Natural Resources 43. Supporting State and Federal funding and other measures to promote the 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 and for the California Conservation Corps. 44. Supporting the expansion of National Marine Sanctuary off the coast of San Luis Obispo County to protect this fragile habitat from offshore oil and gas development. 45. Opposing any development under existing or new offshore oil and gas leases off the coast of San Luis Obispo County. 46. Supporting measures to prohibit discharge of pollutants into the ocean (e.g. selenium contaminated waters from the San Joaquin valley). 47. Encouraging the Resources Agency and its departments to reinstate and expedite the distribution of bond funds and other funds resulting from special legislation and voter - approved bond measures, to take advantage of the many favorable opportunities for land and easement acquisition and enhancement project contracting that exist at this time. 48. Seeking legislative exemption from property taxes on lands dedicated to open space purposes which are outside the boundaries of the jurisdiction owning such lands. 49. Protecting funding for vital regional and community services that negatively impact Californian's access to parks, open space, after school programming, senior services, facilities that promote physical activity, protect natural resources, and strengthen safety and security. 50. Promoting policies that recognize the benefits of parks and recreational facilities in the advancement of "sustainable communities" and curbing greenhouse gas missions, including: strengthening policies that fund parks, open- space, bike lanes and non - motorized trails through the development and implementation of a carbon credit and offset program, and advocating for the strong integration of local and regional park and non - motorized transportation improvements into "Smart Growth Scenarios" pursuant to SB 375. O Exhibit A 51. Supporting legislation that promotes access to joint use of schools; parks and open space; development of streets and trails that encourage physical activity and healthy living. Transportation 52. Supporting changes in gas tax laws that allow local tax for transportation purposes based on a majority vote of the public. 53. Supporting the continuation of, and increased funding sources for street maintenance projects, transportation improvements, transit operations and bicycle facility projects. 54. Supporting clean air transit funding for San Luis Obispo County, in particular funding that provides for alternative modes of transportation with clean air benefits. 55. 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. 56. Supporting legislation that would encourage private transportation companies (such as Union Pacific Railroad) to reach agreements for sharing of properly secured right of way corridors for other compatible uses such as bicycle and pedestrian facilities. 57. Opposing the proposed diversion of any funding source for transportation that reduces amounts designated for transit operations. Utilities 58. Supporting clean water funding programs. 59. Supporting legislation to further recycling and waste diversion programs such as green waste composting and enhance local government's ability to comply with solid waste reduction requirements. 60. 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). 61. Supporting legislation and other measures to ensure reasonableness in the administration of NPDES permit governing City operations, including pursuing a municipal representative on the Regional Water Quality Control Board. 62. Supporting legislation promoting the safe, responsible, and cost - effective reuse of Exceptional Quality or better biosolids. 63. Supporting legislation to streamline the state regulatory processes. ;/,� - Exhibit A 64. Supporting sustainable energy programs. 65. Supporting incentives for distributed energy generation projects such as solar power. 66. 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. 67. Supporting federal legislative action to transfer Salinas Reservoir properties to a local agency, to the benefit of the City and federal funding of costs associated with ownership transfer. 68. Supporting legislation that aids in the implementation of the California Urban Water Conservation Council's Best Management Practices regarding urban water conservation and compliance with AB 1420. 69. Supporting legislation that amends the Urban Water Management Planning Act to recognize past investment in water conservation and the City's ability to comply with SBx7 -7. 70. Supporting legislation eliminating departing load charges which discourage the use of alternative energy resources. 71. 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. 72. Supporting legislation promoting the protection of water resources, including water quality, watershed protection, and treatment discharge measures. 73. Support legislation relative to protection of our natural resources from invasive species. 74. Support legislation promoting sustainability of our water resources through the use of recycled water, rainwater harvesting, greywater use, and other best practices. County/Regional Priorities 75. 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. 76. Supporting a vector control program benefit assessment for San Luis Obispo County. 77. Encouraging participation by County in providing nearby parking for County employees and clients, and alternate transportation and parking demand reduction. f� Exhibit A 78. Supporting County development of a local ordinance providing additional local oversight and regulation of the land application of Pollutant Concentration (PC) or better biosolids. 79. Working cooperatively with the County to solve City/County flood problems. 80. Supporting the San Luis Obispo County Air Pollution Control District's legislative program. 81. Supporting the San Luis Obispo Council of Governments' legislative program. G:\Lcgislative Priorities \201 I Docs\201 I Legislative Action Platform.Erh A.doc Exhibit LEAGUE 1400 K Street, Suite 400 •Sacramento, California 95814 Phone: (916) 658 -8200 Fax: : (916 (916) 6 658 -8240 OF CALIFORNIA www.cacities.org CITIES 2011 FEDERAL PRIORITIES PROTECTING LOCAL REVENUE AND LAND USE AUTHORITY California local govemments are enduring extremely difficult fiscal circumstances in the national economic downturn, and already face limited options to generate revenue to provide valuable services. Local government land use and revenue authority is critical to the Federal- state -local partnership effort to advance community and economic development and must be preserved. As such the League urges Congress to: • Oppose legislation that would reduce or eliminate local government resources by providing a tax moratorium for the expanding and profitable cellular telecommunications industry; • Oppose legislative and administrative efforts by online travel companies to circumvent remittance of transient occupancy taxes to local governments from hotel reservations purchased using the internet; • Oppose legislation that would preempt California local government's ability to regulate and collect revenue derived from state and local use taxes; • Ensure that Federal legislation addressing eminent domain does not severely impact states, like California, which have strong laws that limit the use of the tool and have strong protections for property owners. The seldom -used but important tool allows communities in California to convert to safe and affordable housing, to clean up environmentally toxic areas, and to assist. impoverished, economically depressed neighborhoods; and • Ensure that local polices retain as much discretion as possible in the time, place, and manner in which telecommunications equipment may be sited on public and private property. COMMUNITY AND ECONOMIC DEVELOPMENT With the statewide unemployment rate at over 12% and an ongoing state budget deficit of $25 billion, California cities need jobs and economic investment to overcome the national economic crisis. The League urges Congress to: • Preserve full funding for the Community Development Block Grant (CDBG) program, which is critical in assisting urban and rural cities throughout California with creating jobs, providing affordable housing, eliminating blight and generating new economic investment. In addition, seek flexibility in the CDBG state program to enhance the use of the program by California's 314 non - entitlement cities (cities under 50,000); and • Renew federal tax incentives that facilitate job creation and economic expansion through investment in critical public infrastructure and community development projects such as the Build America Bonds and Recovery Zone Academy Bonds programs. AFFORDABLE HOUSING As the state's population continues to grow and'Califomia grapples with the effects of the national mortgage crisis, our cities are deeply concerned with the need for affordable housing. The League urges Congress to: • Resource Efficient Development. Support legislation and proposals that provide incentives and resources to expand local redevelopment planning policies that integrate housing, transportation and land use and assist in the reorganization and replacement of existing support infrastructure for California's growing population; • Foreclosures: Support the allocation of increased resources for the Neighborhood Stabilization Program that truly target communities with the highest foreclosure rates in the nation; • Workforce Housing: Seek the creation of new initiatives that provide affordable housing to working families. The housing shortage has particularly affected low- and middle- income families. In many areas, workers who provide basic services to local governments, such as teachers, firefighters, and police officers, cannot afford to live in the communities where they work; • Section 8 Housing Choice Vouchers: Preserve full funding of the Section 8 program, which assists very low- income families, the elderly and the disabled afford decent and safe housing; • Home Investment Partnerships Program (HOME) Program: Preserve funding for the HOME program, which directs formula grants to local governments to create affordable housing for low- income households; • National Affordable Housing Trust Fund: Identify and dedicate a reliable source of funding to the National Affordable Housing Trust Fund enacted in Housing and Economic Recovery Act of 2008 (P.L. 110 -289) to help fund the production of new housing, and the rehabilitation of existing housing that is affordable for low- income people; • Preservation of Affordable Housing: Support initiatives that provide a variety of financial restructuring options, such as loan forgiveness, payment deferrals, grants, loans and loan guarantees to preserve rental housing for long -term affordable use; and • Housing Tax Incentives: Seek tax incentives to promote investment in the production of multifamily rental housing, including expanding the Low Income Housing Tax Credit to create mixed income developments. WATER AND WASTEWATER INFRASTRUCTURE California cities' water and wastewater systems need a significant overhaul to keep the world's eighth largest economy moving. There has been almost no new investment in California's water and wastewater systems in more than.30 years. This delay puts increasing pressure on the state for action as California is expected to grow by 10 million by 2020 and is working to meet new, more stringent standards for safe drinking water and clean water. The League urges Congress to: • Provide adequate and reliable long -term financing solutions for municipal water delivery, maintenance and treatment needs to meet federally mandated water quality standards and maintain the vital infrastructure necessary to ensure the availability of clean water for an increasing population. 1 REAUTHORIZATION OF SAFETEA -LU California has more than 186,000 miles of roadway and one of the most developed transit systems in the nation. California's cities are responsible for administering the local streets and roads that connect with the state and federal highway system, a total of 82% of the total roadway miles in the state. Our transportation systems face rapidly growing vehicle use by an ever increasing number of new drivers. The cost of building new lane miles rises much faster than inflation and road maintenance needs increase with the age of the freeway system. In a recent survey of cities and counties, California's local streets and roads system was found to be at risk of falling into "poor" condition. In order to bring the local streets and roads system up to best management practices — the most cost effective condition — California cities and counties need additional funding of $78.9 billion over the next 10 years. As Congress begins to consider the reauthorization of the nation's highway and transit laws, the League urges Congress to • Support Federal legislative efforts that support and encourage local and regional transportation and land use planning that takes into consideration housing and economic development strategies as well as energy and water conservation to reduce congestion, increase mobility and community access, improve air quality and public health and create jobs; • Make reconstruction and preservation of the existing system a high priority for expenditures; and target funds for maintenance to local agencies, which are charged with administering the system; and • Support Federal transportation legislation that fully utilizes a Federal, state and local partnership to develop multi -modal transportation solutions to reduce congestion, streamline transportation project delivery and integrate transportation planning solutions for the nation's highway, rail, air and port freight systems to achieve more efficient goods movement. PUBLIC SAFETYIHOMELAND SECURITY /DISASTER PREPAREDNESS California's cities are on the front line of the war on terrorism and crime. To strengthen California's homeland security, emergency preparedness and crime- fighting efforts, the League urges Congress to: • Maintain Federal investment in resources critical to enabling local law enforcement to adequately, provide public safety, including full funding for the Byrne /Justice Assistance Grants (JAG) program and the Community Oriented Policing Services (COPS) program, and extend suspension of the COPS grant's local cost share requirement; • Maintain full funding for the Staffing for Adequate Fire and Emergency Response (SAFER) and the Assistance to Firefighters grant programs and retain the local cost share waiver for both programs; • Support the allocation of the 700 MHz D Block of spectrum to public safety and identify and extend Federal resources to assist in the construction of integrated public safety communications systems; • Maintain funding for disaster preparedness, prevention, recovery, and response,for all - hazard threats, including investment in assisting communities with necessary upgrades to existing flood control systems; and • Support full funding for the Interoperable Emergency Communications Grant Program; and maximize first responder funding to California cities, as well as flexibility in the use of funds to assist areas of need (i.e. personnel, training, and target hardening). ENERGY EFFICIENCY In California, 31 million of the state's 38 million residents live in cities. For this population California's cities continue to work collaboratively with its state and regional partners to implement community development strategies that increase energy efficiency and reduce consumption of energy sources that create pollution and impact public health. This effort has been effective in reducing local government operating costs and relieving the strain of the national economic downturn on struggling communities. To continue these successful campaigns and effectively accomplish the goals of local governments under these initiatives, the League urges Congress to: • Maintain Federal resources to assist regional and local governments in developing and implementing energy efficiency and conservation strategies that reduce costs, expand community access and protect public health; • Support Federal incentives that assist local governments in integrating new growth into existing communities, and develop and implement transportation, land use and building policies that encourage maximum use of resources and lower energy consumption; and • Ensure that local governments can continue, and not be preempted in, their efforts to achieve economic improvements through increased energy efficiency and conservation plans that seek to decrease carbon emissions. Exhibit C San Luis Obispo County Air Pollution Control District Proposed 2011 Legislative Platform The San Luis Obispo County Air Pollution Control District will: 1. Encourage and support legislation that facilitates achievement and maintenance of State and Federal ambient air quality standards. 2. Encourage and support legislation that retains local control over air quality programs, and oppose legislation that would move overall air program responsibility from the local level to the state or federal level 3. Encourage and support legislation that retains local control over the use of motor vehicle registration surcharge fees for implementing California Clean Air Act requirements and reducing emissions from motor vehicles. 4. Encourage and support legislation that provides latitude to air districts in their programs to meet air quality goals, does not remove important emission reduction programs from consideration by the districts, and does not unduly limit the ability of local boards to provide the resources needed to conduct these programs. 5. Support legislation that encourages cooperation and reduces or eliminates overlap and duplication among air districts and other local entities, and/or increases the efficiency and effectiveness of the regulatory process. 6. Support legislation that continues the California motor vehicle emission control program, including standards for inducing emissions from heavy duty vehicles. 7. Support legislation that retains and/or strengthens requirements for zero, ultra -low, and low emission vehicles and encourages development of advanced hybrid, electric and fuel cell vehicles. 8. Support legislation that encourages or provides incentives or funding for the use of cleaner fuels or alternative transportation, or reduces vehicle trips and miles traveled 9. Support legislation that promotes the use of smart growth principles in community planning and increases the viability of walling, biking, public transit and other alternatives to private vehicle travel. 10. Support legislation that would reduce greenhouse gas emissions contributing to global climate change. 11. Support legislation that prohibits or reduces the release of cancer causing and other toxic emissions in quantities that pose a significant health risk to the public. 12. Support legislation that maintains or enhances state and/or federal funding for mandated air quality programs and/or provides funding for new air quality programs adopted at the state or federal level. 13. Support legislative programs to increase incentive funding available to districts for programs such as Carl Moyer which provide funding for early emission reductions through voluntary action by emission sources while decreasing the regulatory burden on businesses and agriculture. 14. Oppose legislation to eliminate or reduce the effectiveness of air quality or climate protection programs currently in place in State and Federal law. 15. Oppose legislation that would remove District discretion on expenditure of penalty revenue. 16. Oppose legislation that would divert or eliminate any source of District revenue provided or passed through from the State. 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E r (O a co N U, O > NN U) a) a) 0 .� a 0 t5 C a) O I` c �- (C a. r C6 n RESOLUTION NO. 10253 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AMENDING THE HISTORIC PRESERVATION PROGRAM GUIDELINES (GPI 72 -09) WHEREAS, in February 1987, the City Council adopted Resolution No. 6158 establishing Historical Preservation Program Guidelines in order to promote preservation of historic buildings and sites and maintain our community's heritage; and WHEREAS, the Historical Preservation Program Guidelines were amended by City Council Resolution No. 6857 in August 1990; and WHEREAS, the Historical Preservation Program Guidelines were updated by City Council Resolution No. 10229 in November 2010; and WHEREAS, at its March 1, 2011 meeting the City Council directed staff to return with minor edits to make it clear that the Guidelines do not mandate the use of original materials when changes to historic structures are proposed; and WHEREAS, the City Council has considered the Community Development Deputy Director's determination that this minor change to the Historic Preservation Program Guidelines is categorically exempt from environmental review because it consists of an action by a regulatory agency, as authorized by state or local ordinance to assure the maintenance, restoration, enhancement, or protection of the environment. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows /or that: SECTION 1. Environmental Determination. Council concurs with the Director's determination that the proposed Historic Preservation Program Guidelines update is Categorically Exempt from environmental review (Section 15308, Actions by Regulatory Agencies for Protection of the Environment).. It consists of an action by a regulatory agency as authorized by state or local ordinance, to assure the maintenance, restoration, enhancement, or protection of the environment. SECTION 2. Guidelines Approval. The updated Historic Preservation Program Guidelines are hereby approved as amended by Council and will become effective immediately. Upon motion of Council Member Carpenter, seconded by Vice Mayor Ashbaugh, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None R 10253 Resolution No. 10253 (2011 Series) Page 2 The foregoing resolution was adopted this 5th day of April 2011. (ame-, Mayor Marx ATTEST: 42r- Elaina Cano City Clerk APPROVED AS TO FORM: s'tine Dietrick City Attorney RESOLUTION NO. 10252 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO TO INCREASE EDUCATION AND ENFORCEMENT PROGRAMS FOCUSING ON REGULATING RETAIL ALCOHOL OUTLETS WITH GRANT FUNDING PROVIDED THROUGH THE DEPARTMENT OF ALCOHOLIC BEVERAGE CONTROL WHEREAS, the San Luis Obispo Police Department through the City of San Luis Obispo desires to undertake programs to increase education and enforcement to focus on regulating retail alcohol outlets in the community; and WHEREAS, grant funds are available through the Grant Assistance Program (GAP) administered by the Department of Alcoholic Beverage Control (ABC). NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows, that the City Manager of the City of San Luis Obispo is authorized to execute all grant related documents including the State of California Standard Agreement contract, any extensions or amendments thereof, and any subsequent contract with the State in relation thereto. IT IS AGREED that any liability arising out of the performance of this contract, including civil court actions for damages, shall be the responsibility of the grant recipient and the authorizing agency. The State of California and ABC disclaim responsibility for any such liability. BE IT FURTHER RESOLVED that grant funds received hereunder shall not be used to supplicant expenditures controlled by this body. IT IS ALSO AGREED that this award is not subject to local hiring freezes. Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Carter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None R 10252 I� Resolution No. 10252 (2011 Series) Page 2 The foregoing resolution was adopted this 15th day of March 2011. ATTEST: e��_� Elaina Cano City Clerk APPROVED AS TO FORM: J. istine Dietrick ty Attorney May,or arxf RESOLUTION NO. 10251 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING THE AGRICULTURAL MASTER PLAN FOR THE CALLE JOAQUIN AGRICULTURAL RESERVE WHEREAS, the City of San Luis Obispo has adopted policies for protection, management, and public use of open space lands acquired by the City; and WHEREAS, the City of San Luis Obispo manages eleven open space areas totaling approximately 3,000 acres, including the 25 acre Calle Joaquin Agricultural Reserve; and WHEREAS, the Planning Commission, Parks and Recreation Commission, and the general public have commented upon an Agricultural Master Plan for the Calle Joaquin Agricultural Reserve as it has moved through a Council- directed approval process, and the Agricultural Master Plan has considered those comments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: 1. Environmental Review. The City Council hereby adopts the Mitigated Negative Declaration for the project, finding that it adequately identifies all of the potential impacts of the project and that the following mitigation measures and monitoring programs are reasonably necessary to reduce potentially- significant impacts to less - than- significant levels: a. New construction of agricultural support structures and associated improvements shall be to the review and approval of the Architectural Review Commission to ensure consistency with the Community Design Guidelines and compatibility with the agricultural character of the site. New structures shall be low in profile and of an Agrarian vernacular style to fit into the site's agricultural setting. e Monitoring Program: The Architectural Review Commission shall monitor compliance with this requirement through the review of detailed plans. Community Development staff will then verify compliance with their review of working drawings for a building permit and subsequent inspections. b. Preconstruction surveys for the occurrence of red - legged frogs will be undertaken prior to any construction at the site. Additionally, site workers will be given training in the recognition of red - legged frogs and a contact person in the event of discovery of any red - legged frogs in the work area. e Monitoring Program: Establishment of a contact person (e.g. City Biologist) and regular visitation of the site during construction activities there. R 10251 Resolution No. 10251 (2011 Series) Page 2 c. Planned expansion of the riparian corridor will mitigate for minor losses anticipated where the Bob Jones Trail will cross Prefumo Creek on a pedestrianibike bridge. • Monitoring Program: Survey of the riparian plantings for successful establishment over a three years period from planting. 2. Agricultural Master Plan. The City Council adopts the Agricultural Master Plan . for the Calle Joaquin Agricultural Reserve as City policy, based on the following findings, and subject to the following conditions: Findings: a. The Master Plan for the site is consistent with General Plan goals and policies relating to the oversight and management of City open space areas, specifically Conservation and Open Space Element Policy 8.5.6 which calls for the development of conservation or master plans for open space properties to protect and enhance them in a way that best benefits the community as a whole. b. Implementation of the Agricultural Master Plan will provide appropriate public access to the site with development of support agricultural structures that will house production and educational opportunities and bicycle trail extensions along the creek corridor, while maintaining a majority of the site for on -going farming and riparian habitat protection and enhancement. c. The Mitigated Negative Declaration for the project adequately identifies all of the potential impacts of the project and includes mitigation measures and monitoring programs which are reasonably necessary to reduce potentially- significant impacts to less- than- significant levels. Conditions: a. The paragraph regarding Phase 2 included in Section 4.1 of the Master Plan on Page 20 shall be amended to read: "Phase 2 includes those portions of the Dalidio property whose long term future is uncertain at this time, but for which the City of San Luis Obispo has indicated long -term conservation in open space and agriculture in conjunction with development of other portions of the property upon future annexation. " b. The last paragraph of the Phase 2B discussion included in Section 4.1 of the Master Plan on Page 20 shall be amended to add the following two sentences at the end of the existing text: Resolution No. 10251 (2011 Series) Page 3 "The need for, and specific alignment of the connector road would be determined with development of the adjacent Dalidio property. However, site improvements identified in the Master Plan will be placed so as to not unduly interfere with this potential connection. " Upon motion of Mayor Marx, seconded by Council Member Smith, and on the following vote: AYES: Council Members Carpenter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Member Carter ABSENT: None The foregoing resolution was adopted this 15'' day of March, 2011. May Jan Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: J. 'stine Dietrick ity Attorney . RESOLUTION NO. 10250 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO TO EXTEND TEMPORARY EMPLOYMENT BEYOND THE 960 -HOUR RULE FOR EMPLOYMENT OF A RETIREE WHEREAS, the City of San Luis Obispo entered into an Employment Contract for Finance and Information Technology Director Transitional Services with Mary Bradley to act as the City's Interim Finance and Information Technology Director; and WHEREAS, Ms. Bradley has the specialized professional skills required to assist the City of San Luis Obispo prepare its 2011 -13 Financial Plan and Five Year Fiscal Forecast; and WHEREAS, Ms. Bradley retired on July 9, 2010 currently with the California Public Employees Retirement System (CaIPERS); and WHEREAS, Ms. Bradley began her 960 hours of employment for this fiscal year on July 22, 2010; and WHEREAS, Ms. Bradley will reach her maximum number of hours allowed, 960, on April 15, 2011; and WHEREAS, San Luis Obispo City desires to employ Ms. Bradley for a period not to exceed 360 -Hours beyond the 960 -Hour Rule in order to complete the 2011 -13 budget cycle and transition with the new Finance and Information Technology Director; and WHEREAS, Ca1PERS regulations allow for an extension of the 960 -Hour Rule not to exceed one year. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that they request the CalPERS Board of Administration to extend temporary employment beyond the 960 -Hour Rule for Mary Bradley and allow her to work an additional 360 hours of employment for a total of 1,320 hours for fiscal year 2010 -11. Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Carter, and on the following vote: AYES: Council Members Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Member Carpenter ABSENT: None R 10250 Resolution No. 10250 (2011 Series) Page 2 The foregoing resolution was adopted this 15th day of March 2011. Mayor IY Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO iristine Dietrick Attorney Sa dcarmama OFFICE OF EMERGENCY SERVICES OES ID # DESIGNATION OF APPLICANT'S AGENT RESOLUTION FOR NON -STATE AGENCIES BE IT RESOLVED BY TM City Council OF THE City of San Luis Obispo (Governing Body) (Name of Applicant) THAT David Hix, Deputy Director Utilities , OR (Title of Authorized Agent) Howard Brewen, Water Reclamation Facility Supervisor , OR (Title of Authorized Agent) Carrie Mattingly, Utilities Director (Title of Authorized Agent) is hereby uthorized to execute for and in behalf of the CI of San Luis Obispo y � - - _ _ p_ a public amity (Name of Applicant) established under the laws of the State of California, this application and to file it in the Office of Emergency Services for the purpose of obtaining certain federal financial assistance under P.L. 93 -288 as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 1988, and /or state financial assistance under the California Disaster Assistance Act THAT the City of San Luis Obispo a public entity established under the laws of the State of California, (Name of Applicant) hereby authorizes its agent(s) to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. ❑ This is a universal resolution and is effective for all open and future disasters. ® This is a disaster specific resolution and is effective for only disaster number(s)___L95 2 Passed and approved this /S T H day of 120 // Council Council CERTIFICATION I, Elaina Cano , duly appointed and City Clerk of (Nam) (Title) City of San Luis Obispo do hereby certify that the above is a true and correct copy of a (Name of Applicant) resolution passed and approved by the City Council of the City of San Luis Obispo (Governing body) (Name of Applicant) on the 741 day f 1774 .0 s/ , 20 City Clerk (Signature) (Title) OES Fan 130 (03108) DAD Form Peas I /FGgo =," �oaL(- 9 i OFFICE o- ENIERGENCY SERVICES OES ID :P" OES Form 130 Instructions When completing the OES Form 130, Applicants should fill in the blanks on page 1. The blanks are to be filled in as follows: Resolution Section: Governing Body: This is the individual or group responsible for appointing and approving the Authorized Agents. Examples include: Board of Directors, City Council, Board of Supervisors, etc. Name' of Applicant This is the official name of the agency, city, county,. or state organization that has applied for the grant. Examples include: Sacramento Public Water Works; City of Sacramento; Sacramento County; or California Highway Patrol. Authorized Agent These are the individuals that are authorized by the Governing Body to engage with FEMA and OES regarding grants applied for by the Applicant. There are two ways of completing this section: Titles Only: If the Governing Body so chooses, the titles of the Authorized Agents should be entered here, not their names. This allows the document to remain valid if an Authorized Agent leaves the position and is replaced by another individual. If Titles Only is the chosen method, this document should be accompanied by a cover letter naming the Authorized Agents by name and title. This cover letter can be completed by any authorized person within the agency (e.g.: City clerk, the Authorized Agent, Secretary to the Director, etc.) and does not require the Governing Body's signature. 2. Names and Titles: If the Governing Body so chooses, the names and titles of the Authorized Agents should be listed. This will require a new OES Form 130 if any of the Authorized Agents are replaced or leave the position listed on the document. Governing BodyRRepresentative: These are the names and titles of the approving board members. Examples would include Chairman of the Board, Director, Superintendent, etc. These typically will not be the Authorized Agent Check Boxes: Select either Universal (this resolution applies to all open and future disasters) or Disaster Specific (this resolution applies only to the specified disasters. If Disaster specific, fill in the blank with the disaster numbers for which this resolution applies. Certification Section: Name and Title: This is the individual that was in attendance: and recorded the resolution creation and approval. Examples will include City Clerk, Secretary to the Board of Directors, County Clerk, etc. This person should not be one of the Authorized Agents to eliminate any concerns with possible "Self Certification." OES Fpm 130 (01W DAD Fpm Pegs 2 J RESOLUTION NO. 10248 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO MODIFYING ITS COMPENSATION PHILOSOPHY SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT 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 well 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. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City's compensation philosophy is adopted as follows: SECTION 1. The City is committed to providing competitive compensation as part of an overall strategy of attracting and retaining well qualified employees who exemplify our organizational values. SECTION 2. The City will consider total compensation, including but not limited to, salary, health, retirement, and time off benefits. SECTION 3. In evaluating competitive compensation, the City considers: A. Financial sustainability including the City's financial condition as reflected throughout the financial forecast, competing service priorities, maintenance needs, capital improvement and other asset requirements, fund reserve levels, and revenue projections prior to implementing changes in compensation. B. Community acceptability since taxpayers and ratepayers ultimately fund all employee compensation. C. The "relevant labor market" that may vary depending upon classification and is primarily defined by the geographic region (local, state -wide, or national) and key markets (municipal, other government agencies, private sector) where labor talent is found, recruited from, and/or lost. When the relevant labor market is defined as "local "; local private sector compensation data will be considered along with local public sector compensation (municipal and other government agencies. When the relevant labor market is statewide or national, the City will consider compensation date for public sector agencies (municipal and other government) with several R 10248 Resolution No. 10248 (2011 Series) Page 2 comparable demographic data points including but not limited to population, median home price, median household income, median age, median education level, services provided, and unemployment rate. Quality of life should also be considered when selecting comparable municipal and other government agencies. D. "Internal relationships" referring to the relative value of classifications to one another as determined by the City. Classifications performing comparable duties, with comparable responsibilities, requiring a similar level of skill, knowledge, ability, and judgment, will be valued similarly in the City's compensation structures. E. Other relevant factors may include unforeseen economic changes, natural disasters, states of emergency, changes in City services, and changes in regulatory or legal requirements. SECTION 4. At least every five years, the City will evaluate its compensation structure, programs, and policies to assess market competitiveness, effectiveness, and compliance with State Law. Adjustments to the compensation structure may be made as a result of this periodic evaluation and will be done through the collective bargaining process, if applicable, or other appropriate Council- management processes. Upon motion of Council Member Carter, seconded by Council Member Carpenter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, and Mayor Marx NOES: Vice Mayor Ashbaugh ABSENT: None The foregoing resolution was adopted on March 15, 2011. a= 11/k, Majt# Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO Dietrick City Attorney RESOLUTION NO. 10247 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING AFFORDABLE HOUSING FUND AWARDS FOR HABITAT FOR HUMANITY AND ROEM CORPORATION WHEREAS, the City Council of the City of San Luis Obispo met in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on March 1, 2011 for the purpose of considering multiple requests for Affordable Housing Fund (AHF) assistance; and WHEREAS, the projects and programs proposed by Habitat for Humanity and ROEM Corporation meet the eligibility criteria established by the City Council; 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 meeting. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The City Council does hereby make the following findings in support of the proposed Affordable Housing Fund awards: 1. Eligibility: Use of the AHF for the requested purpose will increase or improve the City's affordable housing inventory and promote General Plan policies regarding housing; as follows: HFH: The project will create three for -sale deed - restricted affordable housing units for extremely -low and very-low income households earning 25% to 50% of the AMI within the County. ROEM: The project will create 42 for -rent deed - restricted affordable housing units for extremely -low, very-low and low- income households earning 30% to 60% of the AMI within the County. In addition, the project would involve implementation of Housing Element Program 6.12, which specifically identifies the site as a location that should be considered for rezoning to allow infill housing. 2. Need: There exists a substantial or overarching need for the type of unit to be assisted, as follows: The City's Regional Housing Needs Allocation (RHNA) for the upcoming 5 years includes 185 units in the extremely -low income ( <31% of AMI) category, 185 units in the very-low income (31 -50% of AMI) category and 259 units in the low- income (51 -80% of AMI) category. Both projects will assist the City in meeting these State housing targets. HFH: The City's Housing Element includes quantified objectives for housing construction iill➢.IId Resolution No. 10247 (2011 Series) Page 2 at various income levels. Because of the deep subsidies required for extremely -low and very low- income housing, the Housing Element assumes that all of the units constructed in the City for these income levels will be in the form of attached multi - family units. This is shown in Housing Element Table 4: Regional Housing Need Allocation. It is noteworthy that HFH is proposing to construct for -sale detached single - family homes for these affordability ranges given the State has determined it is too difficult to require local jurisdictions provide for this housing type. HFH is the only local, non - profit developer producing this type of affordable housing. ROEM.• The project will assist the City meet its quantified objectives for multi - family rental housing in the 30% to 60% AMI range. 3. Suitability: The project to be assisted is appropriate for its location both in terms of land use and design, as follows: HFH: The project has received all discretionary approvals, including Minor Subdivision, Architectural Review and Affordable Housing Incentives, which found that the proposed land use and design are consistent with the development pattern of the neighborhood, and, it will not harm the general health, safety or welfare of those living or working on the site or in the vicinity. ROEM On January 26, 2011, the Planning Commission recommended to the City Council approval of a General Plan Amendment and rezone for the project and found that the proposed land use and design will be compatible with other properties in the neighborhood, and, it will not harm the general health, safety or welfare of those living or working on the site or in the project vicinity. The site is adjacent to other high - density residential development and located along a transit line. 4. Timing: The project would better serve the City's needs if it were built immediately as opposed to later, as follows: HFH.- The timing of the award is critical because the purchase agreement for the property requires a letter of commitment for funding by the end of March 2011. ROEM: The timing of the award is critical because the applicants are proposing to apply in March 2011 to the California Tax Credit Allocation Committee for 9% tax credits to help fund the project, which requires a letter of commitment for funding. 5. Financial Effectiveness: But for the requested assistance, the project would not be economically feasible; or AHF funding "leverages" significant additional funding from other sources, as follows: HFH.- The financial effectiveness of the award is substantial because it leverages other funds, including $180,000 in CalHome funds and donations of goods and services, which will be used by HFH to complete construction of the homes. The subsidy will result in $12,927 per unit of AHF support. Resolution No. 10247 (2011 Series) �J\ Page 3 ROEM.- Property acquisition would not occur without the proposed award of $650,000, which would also boost the project's score on the competitive 9% State tax credit application to help fund project construction. The subsidy will result in $15,476 per unit of AHF support. 6. Readiness: The project has all necessary City approvals and is ready to proceed, as follows: HFH: The project has received all of its necessary discretionary approvals and is ready to move forward with acquisition once 2011 CDBG Program Year funds become available in the fall. ROEM: With City Council approval of the Planning Commission's recommendation, the project will have all necessary entitlements except final Architectural Review approval, which is expected by the end of March 2011. The project will be ready to move forward with property acquisition once 2011 CDBG Program Year funds become available in the fall. SECTION 2. Affordable Housing, Fund Award, Habitat for Humanity. The City Council does hereby approve an Affordable Housing Fund grant in an amount not to exceed $38,783, subject to the following condition of approval: 1. Prior to release of any portion of the Affordable Housing Fund award, the applicant shall enter into an affordability agreement with the City of San Luis Obispo for three for - purchase extremely -low and very-low income affordable housing units for a term of 45 years, which will be recorded against the title of the properties. SECTION 3. Affordable Housing Fund Award, ROEM Corporation. The City Council does hereby approve an Affordable Housing Fund grant in an amount not to exceed $650,000, subject to the following condition of approval: 1. Prior to release of any portion of the Affordable Housing Fund award, the applicant shall enter into an affordability agreement with the City of San Luis Obispo for 42 for -rent extremely -low, very-low and low- income affordable housing units for a term of 55 years, which will be recorded against the title of the property. Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Carter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Jan Marx NOES: None ABSENT: None Resolution No. 10247 (2011 Series) Page 4 The foregoing resolution was adopted this ls` day of March, 2011. ATTEST: Elama Cano City Clerk APPROVED AS TO FORM: stine Dietrick City Attorney � C RESOLUTION NO. 10246 (2011 Series) THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 2011 CDBG PROGRAM AND REALLOCATING $6,205 OF FUNDING FROM PREVIOUS CDBG PROGRAM YEARS 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 June 21, 2005, and under applicable U.S. Department of Housing and Urban Development Department (HUD) rules; and WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan and HUD rules, the City Council held a public hearing on March 1, 2011, to consider funding recommendations by the Human Relations Commission (HRC), to review applications for federal grant funding, and to consider public comments on community needs and 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 and the HRC and staff recommendations included in the agenda report; and WHEREAS, the Council has also considered previous years' CDBG funding allocations and determined that amendments are necessary to re- allocate unused funds from completed projects to other eligible uses. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. 2011 Community Development Block Grant Program Amendments. The City's 2011 Community Development Block Grant Program is hereby approved, as shown in Exhibit A. The City Manager is authorized to approve final dollar amounts once HUD releases allocations with the direction to make up differences in the two amounts. SECTION 2. Community Development Block Grant Program Amendments. The 2006 and 2007 CDBG Programs are hereby amended, as shown in Exhibit B. SECTION 3. 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 o the Urban County's 2011 Consolidated Plan. SECTION 4. City Manager Authority. The City Manager is authorized to act on behalf of the City in executing grant agreements and other actions necessary to implement the approved R 10246 Resolution No. 10246 (20T1 Series) Page 2 Consolidated Plan and CDBG Program, including minor revisions to funding amounts for the 2011 CDBG Program if the City's actual CDBG allocation is different than expected. Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Carpenter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this I" day of March, 2011. C - (01, Mayor Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: /4350tine Dietrick ity Attorney O) _C II C 3 LL 9 m C m O U m U) N as U S O m r O N Exhibit "A" n co Ifl O N W CD } E cc m O a O m 0 U Of c c w U m X x W U n c N 3 U m CL y c O N U O N c LL LL C` m c m C7 c H Ch C 7 LL Ol C 0 0 m O 'O Q U O y II C w W 2 0 m v 3 U c cc E y U 3 0 y m z i T-' N C7 co O O m O O CD N M O N O N Co O O t0 O O O O _ N I� ' ' as co O ' ' O ' ' f0 ' I� CO N r •� co M V O U7 0) O Cl) to 0) O N N h to N. W L le M co m m U m co O m M C M M Oro Z . i I O .O N 4 p 10 c « a � • m LL Z O . (7 co O 0). r- O t0 N M K .- O 0 CD N O O N Co N r Iri c � r cr C O W O N N � Z N .0 Cl) Co r� O O O O O OI O O t0 O) CO O O O O O O O O O) t0 N O O M O N Cl) y m n O O Ili O r (Q O O O O t0 '� cc 10 M z N C C7 C7 In I co 'gi O O Cn O T n , 0) N 117 N co N O ^ �. N N 01 cr a� y O i• 'c m A U) O y c ca m o a) y 3 E LO N m = o U a3i > Co LO I� C U U) D O tT Co O ' co L O Ip 30 C! 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SU =a' U W,N. 0-0U W 1 Q C R � IL Exhibit "A" n co Ifl O N W CD } E cc m O a O m 0 U Of c c w U m X x W U n c N 3 U m CL y c O N U O N c LL LL C` m c m C7 c H Ch C 7 LL Ol C 0 0 m O 'O Q U O y II C w W 2 0 m v 3 U c cc E y U 3 0 y m z i T-' N C7 i 1 CDBG Reallocations Exhibit "B" From/To Applicant Project Funding From City of SLO 2006 — Completed ADA Corrections of Cit Facilities Project $51 From CAPSLO 2006 — Completed Prado Day Center Improvement Project $982 From HASLO 2007 — Completed Anderson Hotel Fire Sprinkler System Project $5,172 Total From $69205 TO City ofSLO 2009 — Property Acquisition for Affordable Housing (313 South) $6,205 Total To $69205 RESOLUTION NO. 10245 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE GENERAL PLAN LAND USE ELEMENT MAP FROM SERVICES & MANUFACTURING TO HIGH - DENSITY RESIDENTIAL, APPROVING A DENSITY BONUS AND AFFORDABLE HOSING INCENTIVES, AND ADOPTING A NEGATIVE DECLARATION FOR PROPERTY LOCATED AT 313 SOUTH STREET; GP/R/ER 35 -10 WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing on January 26, 2011, 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 February 15, 2011, pursuant to a proceeding instituted under application GP/R/ER 35 -10, ROEM Development Corporation, 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. NOW, THEREFORE, BE IT RESOLVED, by the 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 subject to the mitigation measures and monitoring programs listed in Exhibit A being adopted with the project to reduce potentially - significant impacts to less - than- significant levels. SECTION 2. General Plan Amendment Approval With Findings & Conditions. The City Council finds and approves the General Plan Amendment included as part of City Application No. GP/R 35 -10 to amend the land use designation from Services & Manufacturing to High - Density Residential for the property located at 313 South Street, based on the following findings and subject to the following conditions: R 10245 Resolution No. 10245 (20T1 Series) Page 2 Findings: 1. The proposed amendment to the Land Use Element Map furthers the goals of the General Plan for the production of new affordable housing units in the City. 2. The proposed amendment to the Land Use Element Map is consistent with Housing Element Policy 3.12.7 which endorses "amendments to the General Plan to rezone commercial, manufacturing or public facility zoned areas for residential use, to promote higher density infill or mixed -use housing where land development patterns are no longer valid and where impact to Low Density Residential areas is minimal ". The subject site is in alignment with the criteria included in this policy since it is immediately adjacent to other R- 4 zoning on its east side and directly across the street from R -2 development. 3. The proposed General Plan Amendment is consistent with Land Use Element Policy 2.5, Affordable Housing, because the proposed 100% affordable housing project will "increase residential opportunities in very low, low, or moderate income levels." 4. The proposed General Plan Amendment will not be detrimental to the health, safety and welfare of those living and working in the vicinity since the proposed changes to the City's maps accommodate the development of the site with an affordable housing project of high - quality character and construction that will be compatible with other properties in the surrounding vicinity, 5. The proposed General Plan Amendment will not adversely affect the amount of area within the City set aside for Manufacturing uses as the total site area of 1.53 acres only represents 0.6% of the City's current supply of sites zoned Manufacturing. 6. The Planning Commission recommended adoption of a Mitigated Negative Declaration on January 26, 2011. The City Council finds and determines that the project's Mitigated Negative Declaration with all of the mitigation measures listed in Exhibit A adequately addresses the potential significant environmental impacts of the proposed project. Conditions: 1. The Land Use Element Map is hereby amended as shown in Exhibit B. 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 3. Density Bonus & Affordable Housing Incentives. The City Council approves a 34% density bonus and a building height of 42 feet, where 35 feet is the maximum allowed height, and a 10 -foot street yard setback, where 15 feet is the typical requirement, as affordable housing incentives to accommodate the development of the proposed 43 -unit housing project, based on the following findings: Resolution No. 10245 (2011 Series) C Page 3 I. As a 100% affordable housing development, the applicant is entitled up to a 35% maximum density bonus under State law. Therefore, the proposed density bonus for the project of 34 percent is consistent with established criteria for density bonuses. 2. Senate Bill (SB) 1818 allows cities to approve up to three "concessions and incentives" for affordable housing projects. The proposed building height of 42 feet and street yard setback of 10 feet to accommodate the development of the proposed project are exceptions to standards that are appropriate as incentives consistent with SB 1818. Upon motion of Council Member Carter, seconded by Vice Mayor Ashbaugh, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 15t' day of February, 2011. L MV Jan Marx ATTEST: City Clerk Elaina Cano APPROVED AS TO FORM: rty Attorney J. Christine Dietrick Exhibit A City of San Luis Obispo Initial Study - Mitigated Negative Declaration MITIGATION MONITORING and REPORTING PROGRAM CEQA requires that a reporting or monitoring program be adopted for the conditions of project approval that are necessary to mitigate or avoid significant effects on the environment (Public Resources Code 21081.6). The mitigation monitoring and reporting program is designed to ensure compliance with adopted mitigation measures during project implementation. For each mitigation measure recommended in the Initial Study - Mitigated Negative. Declaration (IS- MND), specifications are made herein that identify the action required and the monitoring that must occur. In addition, a responsible agency is identified for verifying compliance with individual conditions of approval contained in the Mitigation Monitoring and Reporting Program (MMRP). In order to implement this MMRP, the City of San Luis Obispo (City) shall designate a Project Mitigation Monitoring and Reporting Coordinator ( "coordinator "). The coordinator shall be responsible for ensuring that the mitigation measures incorporated into the project are complied with during project implementation. Further, the coordinator will distribute copies of the MMRP to those responsible agencies identified in the MMRP, which have partial or full responsibility for implementing certain measures. Failure of a responsible agency to implement a mitigation measure shall not in any way prevent the lead agency from implementing the proposed project. Table 1 shall be used as the coordinator's checklist to determine compliance with required mitigation measures for each of the proposed rezone sites. The list is broken down into mitigation measures that apply to the South Street Apartments Affordable Housing Project site. Table 1. Mitigation Monitoring for the South Street Apartments Affordable Housing Project Mitigation Mitigation Measure Implementation Administrative Agency Responsible Number Timing Action for Verification AESTHETIC RESOURCES Mitigation All outdoor lighting shall be directed Prior to Review construction City Measure 1 downward, consistent with the San Luis issuance of plans and ensure all Obispo Community Development Design building permits requirements are Guidelines and Chapter 17.23, Night Sky met. Preservation, of the City's Zoning Ordinance. Mitigation To minimize impacts on residential Prior to Review construction City Measure 2 development in proximity to the project issuance of plans and ensure all site, roof materials shall be non - reflective building permits requirements are and shall be muted in hue consistent met. with standards in the Community Design Guidelines, Section 6.1 C. South Street Apartments Affordable Housing Project 1 City of San Luis Obispo Initial Study- Mitigated Negative Declaration Table 1. Mitigation Monitoring for the South Street Apartments Affordable Housing Project Mitigation Mitigation Measure Implementation Administrative Agency Responsible Number Timing Action for Verification AIR QUALITY Mitigation The applicant shall provide bulletin Prior to Inspect site prior to City Measure 3 boards or kiosks in appropriate common occupancy occupancy clearance areas to advise residents about up -to- clearance to ensure mitigation date transit and rideshare information. measure is implemented. Mitigation Fugitive Dust Control Measures. During Monitor construction City Measure 4 a) Reduce the amount of the disturbed construction activities to ensure all area where possible; required mitigation b) Use of water trucks or sprinkler measures are systems in sufficient quantities to implemented. prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible; c) All dirt stock pile areas should be sprayed daily as needed; d) Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; e) Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating, non - invasive grass seed and watered until vegetation is established; f) All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; g) All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible after grading unless seeding or soil binders are used; h) Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; i) All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114; City of San Luis Obispo Initial Study - Mitigated Negative Declaration Table 1. Mitigation Monitoring for the South Street Apartments Affordable Housing Project Mitigation Number Mitigation Measure Implementation Timing Administrative Action Agency Responsible for Verification j) Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; k) Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible; 1) All of these fugitive dust mitigation measures shall be shown on grading and building plans; and m) The contractor or builder shall designate a person or persons to monitor the fugitive dust emissions and enhance the implementation of the measures as necessary to minimize dust complaints, reduce visible emissions below 20 percent opacity, and to prevent transport of dust offsite. Their duties shall include holidays and weekend periods when work may not be in progress. The name and telephone number of such persons shall be provided to the APCD Compliance Division prior to the start of any grading, earthwork or demolition. Mitigation Construction Equipment. During Monitor construction City Measure 5 • Maintain all construction equipment in construction activities to ensure all proper tune according to required mitigation manufacturer's specifications; measures are • Fuel all off -road and portable diesel implemented. powered equipment with ARB certified motor vehicle diesel fuel (non -taxed version suitable for sue off - road); • Use diesel construction equipment meeting ARB's Tier 2 certified engines or cleaner off -road heavy - duty diesel engines, and comply with the State Off -Road Regulation; • Use on -road heavy -duty trucks that meet the ARB's 2007 or cleaner certification standard for on -road heavy -duty diesel engines, and comply with the State On -Road Regulation; • Construction or trucking companies with fleets that do not have engines in their fleet that meet the engine standards identified in the above two measures (e.g. captive or NOx exempt area fleets) may be eligible by South Street Apartments Affordable Housing Project 3 o ■ City of San Luis Obispo Initial Study- Mitigated Negative Declaration Table 1. Mitigation Monitoring for the South Street Apartments Affordable Housing Project Mitigation Mitigation Measure Implementation Administrative Agency Responsible Number Timing Action for Verification proving alternative compliance; • All on and off -road diesel equipment shall not idle for more than 5 minutes. Signs shall be posted in the designated queuing areas and or job sites to remind drivers and operators of the 5 minute idling limit; • Diesel idling within 1,000 feet of sensitive receptors is not permitted; • Staging and queuing areas shall not be located within 1,000 feet of sensitive receptors; • Electrify equipment when feasible; • Substitute gasoline - powered in place of diesel - powered equipment, where feasible; and • Use alternatively fueled construction equipment on -site where feasible, such as compressed natural gas (CNG), liquefied natural gas (LNG), propane or biodiesel. Mitigation The applicant shall prepare an Asbestos Prior to and In coordination with City Measure 6 Dust Mitigation Plan. The Asbestos Dust during SLOAPCD, review Mitigation Plan must be: construction Asbestos Dust a) Submitted to and approved by the Mitigation Plan prior SLOAPCD before the start of any to construction. construction or grading activity; and Monitor construction b) Implemented at the beginning and activities to ensure all maintained throughout the duration required mitigation of the construction or grading measures are activity. implemented. CULTURAL RESOURCES Mitigation The applicant shall retain a qualified During Monitor construction City Measure 7 archaeologist who would be available construction activities to ensure all should significant paleontological required mitigation resources, archaeological resources, or measures are cultural materials be encountered during implemented. all grading work. The qualified archaeologist shall be present at the preconstruction meeting to educate all construction workers for the proposed project on the identification of subsurface cultural resources. In the event that any prehistoric subsurface, archaeological features or deposits, including locally darkened soil ( "midden ") that could conceal cultural deposits, animal bone, obsidian, and/or mortar are discovered during construction- related earth- moving activities, all work within 150 feet of the resources shall be hafted, and the South Street Apartments Affordable Housing Project 4 0 of San Luis W Initial Study - Mitigated Negative Declaration Table 1. Mitigation Monitoring for the South Street Apartments Affordable Housing Project Mitigation Number Mitigation Measure Implementation Timing Administrative Action Agency Responsible for Verification qualified archaeologist shall assess the significance of the find. Archaeological test excavations shall be conducted by the qualified archaeologist to aid in determining the nature and integrity of the find. If the find is determined to be significant by the qualified archaeologist, the representatives of the City and the qualified archaeologist shall meet to determine the appropriate course of action. All significant cultural materials recovered shall be subject to scientific analysis, professional museum curations, and a report shall be prepared by the qualified archaeologist according to current professional standards. If a Native American site is discovered, then the evaluation process shall include consultation with the appropriate Native American(s). When Native American archaeological, ethnographic, or spiritual resources are involved, all identification and treatment shall be conducted by qualified archaeologists who are either certified by the Register of Professional Archaeologists (RPA) or meet the federal standards as stated in the Code of Federal Regulations (36 C.F.R. 61), and Native American representatives who are approved by the local Native American community as scholars of the cultural traditions. In the event that no such Native American is available, persons who represent tribal governments and /or organizations in the locale in which resources could be affected shall be consulted. The preconstruction meeting shall be completed prior to the commencement of any earth work or other construction activities and verification of compliance shall be provided to the City. Each contractor and all employees involved with earth moving activities including, but not limited to, grading, scraping, drilling, and trenching, shall be required to participate in this preconstruction meeting. If subsequent contractors are hired who did not participate in this preconstruction meeting, they shall be required by the City to meet independently with the qualified archaeologist consultant to review and South Street Apartments Affordable Housing Project 5 U City of San Luis Obispo Initial Study - Mitigated Negative Declaration Table 1. Mitigation Monitoring for the South Street Apartments Affordable Housing Project Mitigation Mitigation Measure Implementation Administrative Agency Responsible Number Timing Action for Verification discuss the potential for discovery of archaeological resources and the proper treatment of these materials, and verification of this subsequent training shall be provided to the City. GEOLOGYAND SOILS Mitigation The structural design of the project shall Prior to Review building plans City Measure 8 be in accordance with the Uniform issuance of and ensure all Building Code, which has been adopted building permits requirements are by the City and the California Division of met. Mines and Geology Guidelines for Evaluating and Mitigating Seismic Hazards in California, Special Publication 117 (revised 2008). Mitigation As required by the City, a geotechnical Prior to Review geotechnical City Measure 9 evaluation shall be performed. The issuance of evaluation and geotechnical evaluation shall include a grading permits construction plans, liquefaction analysis. At a minimum, the and ensure all liquefaction analysis shall be in requirements are accordance with City and State building met. codes, and the California Division of Mines and Geology Guidelines for Evaluating and Mitigating Seismic Hazards in California (revised 2008). Such studies would typically include site - specific depth to groundwater and soil composition as they relate to seismically induced hazards. Areas having liquefiable sediments should be identified, and structures should be properly designed to withstand the conditions. NOISE Mitigation The applicant shall provide all adjacent Prior to and Monitor construction City Measure property owners with a construction during activities to ensure all 10 activity schedule and construction routes construction required mitigation at least one week in advance of measures are construction activities. Any alterations or implemented. additions shall require one week notification. Mitigation Temporary noise barriers shall be used During Monitor construction City Measure to attenuate construction noise in the construction activities to ensure all 11 vicinity of sensitive receptors, as well as required mitigation receptors in which construction will result measures are in an exceedance of acceptable noise implemented. levels. The following measures shall be implemented to insure noise levels do not exceed the City's thresholds as defined in the Noise Control Ordinance. These measures include, but are not limited to the following: rF South Street Apartments Affordable Housing Project 6 O City of San Luis Obispo Initial Study - Mitigated Negative Declaration Table 1. Mitigation Monitoring for the South Street Apartments Affordable Housing Project Mitigation Mitigation Measure Implementation Administrative Agency Responsible Number Timing Action for Verification • Stationary construction equipment shall be surrounded by temporary acoustical shelters, such as sound blankets, if within 300 feet of an affected receptor. • Temporary sound barriers shall be constructed between the construction site and affected receptors. • Contractors shall orient stationary construction equipment away from residences and commercial buildings; • Contractors shall not allow construction equipment to idle when that equipment is not in use. • Whenever feasible, electrical power shall be used to run air compressors and similar power tools. TRANSPORTATION TRAFFIC Mitigation Prior to the issuance of building permits, Prior to Determine the "fair City Measure the applicant shall be responsible for occupancy share" mitigation fee 12 paying its "fair share" mitigation fee for clearance and obtain payment. the percentage of new trips generated by the project that will travel through the intersection of Broad Street/Santa Barbara Street/South Street as determined by the Public Works Director, and based on the estimated intersection improvement cost. Mitigation Prior to construction, the applicant shall Prior to Review congestion City Measure submit to the City of San Luis Obispo for construction management plan 13 review and approval a congestion and ensure all management plan to be implemented required mitigation during construction. The plan shall measures are specify that: implemented. • Trucks (delivery, hauling, and transportation trucks) should be scheduled outside the A.M. and P.M. peak period (7:00 to 9:00 A.M. and 4:00 to 6:00 P.M.); and • Construction activities shall be scheduled such that construction - related traffic avoids entering and exiting the site during peak traffic periods. • Truck routes shall be submitted to the City for review and approval prior to commencing with each phase of construction requiring significant truck traffic. South Street Apartments Affordable Housing Project 7 General Plan Land Use Element Map Exhibit B SANDERCOCK R -2 a� o q1R a Q � ❑ [� F1 1:1 `� ❑G I w [I ❑ ❑ E] a �° Q ❑ ❑ ❑ ❑ -� a -2 ❑ - E:1 C30 � ❑ >Q . El 1:1 ❑ C:�o 00 C'Eo= FTI BRANCH E0 Ej ❑❑ ❑ ❑ ❑ ❑ ❑❑ ❑�❑ El SOUTH Currently: Services & Manufacturing Proposed: High Density Residential Z :� rI p IL C I°� M C _S_P :.ivi - X - w R-4-Sp I L - I BRIDGE Sul M -P D N R -2 -PD C /OS -40 -SP RESOLUTION NO. 10244 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF THE 2010 -11 FEDERAL CAPITAL AND OPERATING ASSISTANCE GRANT APPLICATION WITH THE FEDERAL TRANSIT ADMINISTRATION WHEREAS, the Federal Transit Administration has been delegated authority to award federal financial assistance for a transportation project; and WHEREAS, a grant of federal assistance will impose certain obligations upon the City of San Luis Obispo and may require the City of San Luis Obispo provide the local share of project costs; and WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and assurances to the Federal Transit Administration required for the project. 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 is an eligible recipient as defined by 49 U.S.C. 5307, 5336j, and 5340. SECTION 2. The Public Works Director is authorized to execute and file an application for federal assistance on behalf of the City of San Luis Obispo with the Federal Transit Administration for federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United States Code and other federal statutes authorizing a project administered by the Federal Transit Administration. SECTION 3. The Public Works Director is authorized to execute and file with the application the annual certifications, assurances, and other documents the Federal Transit Administration requires before awarding a federal assistance grant. SECTION 4. The Public Works Director is authorized to execute grant agreements with the Federal Transit Administration on behalf of the City of San Luis Obispo in Exhibit A.. R 10244 Resolution No. 10244 (2011 Series) o Page 2 Upon motion of Council Member Carpenter, seconded by Vice Mayor Ashbaugh, and on the following vote: AYES: Council Members Carpenter and Carter, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Member Smith ABSENT: None The foregoing resolution was adopted this 18`h day of January 2011. ATTEST: Elaina Cano, CMC City Clerk APPROVED AS TO FORM: Christine Dietrick City Attorney iJ Exhibit A FEDERAL TRANSIT ADMINISTRATION GRANT APPLICATION FOR SLO UZA PROGRAM OF PROJECTS FOR FISCAL YEAR 2010 -2011 The City of San Luis Obispo will be conducting a public hearing to receive comments on the Draft Program of Projects on January 18, 2011 at 7:00 p.m. in Council Chambers, 990 Palm Street, San Luis Obispo. The below Draft Program of Projects will become the final program unless modified: Federal Apportionments: For 2010 -11 Carryover from previous year Available to Program Protect Operating Assistance 7/1/2010- 6/30/2011 Preventative Maintenance Bus Capital Repairs Bus Replacement (1) Paratransit operations Total Project Cost Federal Share City of San Luis Obispo San Luis Obispo Regional Transit Authority Local Share City of San Luis Obispo San Luis Obispo Regional Transit Authority $1,843,246 $232,557 $2,075,803 Transit Federal Total Operator Amount Amount SLO City 1,124,207 2,536,274 SLO City 1201000 150,000 SLO City 45,000 56,000 SLO City 377,596 420,596 SLORTA 385,000 820,000 $3,982,870 $2,051,803 1,666,803 435,000 $1,931,067 1,496,067 435,000 T: \Council Agenda Reports\Public Works CAR\201 I \TRANSMCAR-SLOTRANSIT PROGRAM OF PROJECTS (POP) 01 -18- 2011 WTTACHMENTS\RESOLUTION-CAR POP 2010 -I1 01 -18- 2010- final.doc C' RESOLUTION NO. 10243 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADDING THE PROPERTY LOCATED AT 1028A ISLAY STREET TO THE LIST OF CONTRIBUTING HISTORIC RESOURCES, CHC 124-10 WHEREAS, applicant Mary Kirkpatrick, on October 26, 2010, submitted an application to add her residence to the List of Contributing Historic Resources; and WHEREAS, the Cultural Heritage Committee of the City of San Luis Obispo at a public hearing held in the Council Hearing Room of City Hall, 990 Palm Street, San Luis Obispo, California, on December 13, 2010, recommended the Council add the property located at 1028A Islay Street to the List of Contributing Historic Resources; and WHEREAS, the City Council conducted a public hearing on January 18, 2011, for the purpose of considering adding the property located at 1028A Islay Street to the List of Contributing Historic Resources; and WHEREAS, the City Council has duly considered all evidence, including the testimony of the applicants, interested parties, the records of the Cultural Heritage Committee hearing, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. The Council makes the following findings of consistency with Historic Preservation Program Guidelines for Contributing Historic Resources: 1. The house is eligible for the List of Contributing Historic Resources because it is an excellent example of a Neo- classic Rowhouse that is at least 50 years old, has retained its original exterior architectural character, and contributes to the historic character of the neighborhood in which it is located. 2. Historic listing is exempt from environmental review (CEQA Guidelines, Section 15331 (Historical Preservation) & Section 15308 (Resource Protection)). SECTION 2. Action. The Council of the City of San Luis Obispo does hereby add the property located at 1028A Islay Street to the List of Contributing Historic Resources. SECTION 3. Environmental Determination. The City Council has determined that the above actions do not constitute a project, as defined by Section 15378 of the California Environmental Quality Act and are exempt from environmental review. R 10243 n O Resolution No. 10243 (2011 Series) Page 2 Upon motion of Council Member Carter, seconded by Council Member Carpenter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 18`h day of January 2011. C M y Jan Marx ATTEST: ( 0"' 2 Elaina Cano, CMC City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney 0 RESOLUTION NO. 10242 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE EXPENDITURE OF PROP 1B, PUBLIC TRANSPORTATION MODERNIZATION, IMPROVEMENT, AND SERVICE ENHANCEMENT ACCOUNT (PTMISEA) FUNDING AND TRANSIT SYSTEM SAFETY, SECURITY AND DISASTER RESPONSE ACCOUNT PROGRAM APPLICATION WITH THE CALIFORNIA EMERGENCY MANAGEMENT AGENCY WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates the San Luis Obispo (SLO) Transit; and WHEREAS, The City of San Luis Obispo and SLO Transit are eligible applicants for California Proposition 1B Program funds; and WHEREAS, the City has determined to use City apportionment of Proposition 113, Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) funding to be used for SLO Transit capital projects; and WHEREAS, the City of San Luis Obispo has been allocated $25,689 in 2010 -11 funding year cycle from the PTMISEA program; and, WHEREAS, the California Transit Security Grant Program (referred hereinafter as CTSGP) has allocated $4,561 of Proposition 1B (Prop 1B) Safety and Security Grant funding to be used by the City for capital projects; and WHEREAS, the California Emergency Management Agency (Cal EMA) has been delegated the authority to award financial assistance for CTSGP projects and the San Luis Obispo Council of Governments (SLOCOG) is responsible for making programming recommendations to Cal EMA; and WHEREAS, the City of San Luis Obispo is requesting up to $60,000 in the 2010 -11 funding cycle from the CTSGP program for SLO Transit Security Enhancements Facility capital projects; and WHEREAS, a State assistance grant will impose certain obligations upon the City and will require the City provide the local share of project costs; and WHEREAS, the City will provide all annual certifications and assurances to the Proposition 1 B, PTMISEA and CTSGP oversight agencies as required for grant programs. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: SECTION 1. The Council authorizes the City Manager or her designee to submit necessary grant paperwork and other required information to SLOCOG for programming of R 10242 Resolution No. 10242 (2011 Series) O Page 2 $25,689 in 2010 -11 PTMISEA funding for the SLO Transit bus stop improvement project; and SECTION 2. The Council authorizes the City Manager or her designee to submit necessary grant paperwork and other required information to SLOCOG for programming of $60,000 in 2010 -11 CTSGP funding for the Transit Facility Security Enhancement project which includes $4,561 in FY 2010/11 local CTSGP funding to be used as local match for grant purposes; and SECTION 3. The City Manager or her designee is authorized to execute for and on behalf of the City, a public entity established under the laws of the State of California, any actions necessary in the submittal of this or future applications for the purpose of obtaining financial assistance provided by the Proposition 1B, PTMISEA or CTSGP programs administered by the California Emergency Management Agency. On motion of Council Member Carter, seconded by Council Member Carpenter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was passed and adopted this 18th day of January 2011.. r'�' P/L&' o an NTarx ATTEST: Elaina Cano, CMC City Clerk APPROVED AS FORM: � J. Christine Dietrick City Attorney C O RESOLUTION NO. 10241 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO REDUCING THE COMPENSATION FOR THE OFFICE OF MAYOR FOR THE 2010 -2012 TERM OF MAYOR JAN MARX AND REDUCING THE COMPENSATION FOR COUNCIL MEMBER DAN CARPENTER FOR THE 2010 -2012 UNEXPIRED COUNCIL TERM OF OFFICE WHEREAS, Charter Section 410 provides for compensation and reimbursement of expenses for the Mayor and Council Members; and WHEREAS, Compensation for the office of Mayor was set at $1,200 per month and the compensation for the office of City Council Member was set at $1,000 per month by Resolution Number 9794 (2006 Series) and compensation remains at those levels, as reflected in Section 2.1 of the Council Policies and Procedures; and WHEREAS, Mayor Jan Marx wishes to reduce her annual compensation from $14,400 to $13,200 and Council Member Dan Carpenter wishes to reduce his annual compensation from $12,000 to $8,600 for the terms of their respective offices. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective the first full payroll period in January 2011, beginning January 6, 2011, Mayor Jan Marx shall be paid a monthly salary of $1,100 as compensation for services rendered in her official capacity. SECTION 2. Effective the first full payroll period in January 2011,- beginning January 6, 2011, Council Member Dan Carpenter shall be paid a monthly salary of $716.67 (equivalent to an annual salary of $8,600) as compensation for services rendered in his official capacity. SECTION 3. Upon the conclusion of Mayor Marx's and Council Member Carpenter's current terms of office (2010- 2012), compensation for the office of Mayor and for the Council seat currently filled by Council Member Carpenter shall automatically be adjusted consistent with the then applicable Council compensation resolution and the Council Policies and Procedures Manual Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Carter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None R 12041 Resolution No. 12041 (2611 Series) Page 2 The foregoing resolution was adopted this 4th day of January 2011. Vice or John Ash au ATTEST: ra-2 � CZ1 7 Elaina Cano, City Clerk APPROVED AS TO City Attorney RESOLUTION NO. 10240 (2010 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO MAKING AN APPOINTMENT TO FILL THE OFFICE OF COUNCIL MEMBER OF THE CITY TO FILL A VACANCY CREATED BY THE RESIGNATION OF JAN MARX WHEREAS, Jan Marx was duly elected to the office of Council Member of the City of San Luis Obispo to a four -year term at the General Municipal Election held on November 4, 2008; and WHEREAS, on December 1, 2010, Jan Marx was installed to the office of Mayor creating a vacancy on the City Council; and WHEREAS, the City of San Luis Obispo Charter Section 405 provides that Council shall appoint a qualified applicant to fill the unexpired term, which ends December 1, 2012; and WHEREAS, three qualified electors have applied to this Council for appointment to the Office of Council Member; and WHEREAS, the Council has considered and reviewed the applications. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby appoints Dan Carpenter to the office of Council Member of the City of San Luis Obispo, to fill the Council vacancy with an unexpired term, ending noon, December 1, 2012, SECTION 2. This appointment will become effective immediately upon adoption of this resolution. The City Clerk shall immediately administer the Oath of Office and the newly appointed Council Member shall assume the duties of that office. Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Smith, and on the following vote: AYES: Council Members Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None R 10240 Resolution No. 10240 (2010 Series) O Page 2 The foregoing resolution was adopted this 21 st day of December 2010. y r Jan Marx ATTEST: Elaina Cano, CMC City Clerk APPROVED AS TO FORM: hristine Dietrick City Attorney