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
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C Attorney
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EXHIBIT A
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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
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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.
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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.
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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.
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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.
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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
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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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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
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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
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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