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HomeMy WebLinkAbout10278-10311RESOLUTION NO. 10311 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE CITY WAYFINDING PROGRAM INCLUDING A STANDARDIZED CITY EMBLEM AND APPROVING A PLAN FOR AN ENTRY MONUMENT SIGN AT THE CORNER OF HIGHLAND DRIVE AND SANTA ROSA STREET (HIGHWAY 1) WHEREAS, the City Council approved two Capital Improvement Program projects (City Gateways, 2007 -09 FP, and Comprehensive Directional Sign Program, 2009 -11 FP) which include elements of a wayfinding system; and WHEREAS, the City of San Luis Obispo has no formal wayfinding system to direct visitors and tourist to the many attractions and destinations within our community; and WHEREAS, the local community and visitors will benefit from_ a formal more comprehensive wayfinding program; and WHEREAS, the City Manger authorized staff to combine the preliminary design phases of said Capital Improvement Program projects to unify designs and develop a City Wayfinding Program; and WHEREAS, the City Promotional Coordinating Committee, at its May 11, 2011 meeting, has recommended that City Council approve the City Wayfinding Program as presented; and WHEREAS, the City Architectural Review Commission, at its May 16, 2011 meeting, has recommended that City Council approve the City Wayfinding Program including a standardized City emblem and grant final approval to a primary monument sign at the corner of Highland Drive and Santa Rosa Street (Highway 1) pursuant to application ARC 130 -10 and findings, actions and conditions in Resolution No. ARC - 1009 -11; and WHEREAS, the City Council at its October 18, 2011 meeting have reviewed the program, considered all evidence, including public testimony, recommendations and records from the Promotional Coordinating Committee and Architectural Review Commission and recommendations by staff, presented at said meeting. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council does hereby approve a City Wayfinding Program as identified in Exhibit A to be implemented as funding becomes available. SECTION 2. The City Council does hereby approve the conceptual plans as shown in Exhibit B for an entry monument at the southwest corner of Highland and Santa Rosa and directs staff to work with SLOCOG on installation of said monument. R 10311 Resolution No. 10311 (2011 Series) Page 2 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 The foregoing resolution was adopted this 18`" day of October 2011. (" , L Mayor J arx ATTEST: Elaina Cano City Clerk APPROVED AS TO J. 5Affstine Dietrick )City Attorney C C- RESOLUTION NO. 10311- EXHIBIT A CITY WAYFINDING PROGRAM I. Signage System 9119/2011 The City of San Luis Obispo has adopted a comprehensive system of wayfinding signs to serve visitors, , motorists, cyclists and pedestrians in becoming familiar with various community amenities. The system is composed of various physical sign types arranged in a logical hierarchy of content categories. They are as follows: A. Primary Community Entry Monuments located at or near the City limits along Highways 1 and 101 to announce arrival in San Luis Obispo. B. Secondary City Entry Signs located at entry locations to the City such as: Broad Street, Orcutt Road, Los Osos Valley Road and South Higuera Street. C. Entry Arch over street at Lower Marsh. D. Rural Vehicle Directional Signs located at various off ramps, intersections, train station and airport listing key destinations throughout the City. Signs are larger and targeted at higher speed traffic (over 25 MPH). E. Urban Vehicle Directional Signs same as "D" when located within sidewalks or planters. Signs are smaller than the rural signs and target slower speed traffic (under 25 MPH) F. Pedestrian Waylnding Signs located on sidewalks and in planters throughout the downtown core. G. "You Are Here" Orientation Maps placed strategically at parking facility exits and Mission Plaza. H. City Facility Signs identifying the following: o Public Buildings • Parks • Bikeways/Paths o Parking Facilities • Trails & Open Space I. Historical District Markers placed at all pedestrian and vehicular entries to the City's designated historic districts. J. Service Club Signs displaying service club emblems near major City entries. K. Other Miscellaneous Signs including: • Parking Regulatory Signs • Miscellaneous Regulatory Signs (No Smoking, No Skateboarding, Tour Bus Parking /Engine Off, etc.) • Transit and Trolley Stop Signage • Bike Route Signs • Historic Site Markers and Property Plaques • Donor Plaques — Trees, Benches, Pedestrian Lights Notes: Sign types A, B and D and E, depending on their location, require cooperation and coordination with Caltrans and/or private property owners. Signs G, H, I, J and K are outside the scope of the current wayfinding project. �0 1 RESOLUTION NO. 10311- EXHIBIT A CITY WAYFINDING PROGRAM II. Conceptual Designs The following pages include approved designs for various signs in the City Wayfinding Program. 1. Primary Entry Monument' 2. Secondary Entry Monument' 3. Entry Arch 2 4. Directional Wayfinding Signs — Vehicular Rural and Urban, Pedestrian and Pedestrian ADA signs' 5. City Emblem' Notes: 1. Graphics listed above were reviewed by ARC on May 16, 2011 (refer to Resolution No. ARC - 1009-11) and adopted by Council on October 18, 2011 per Resolution No. xxxxx. 2. Entry Arch image contained herein is from the Downtown Master Plan. Final - design for entry arch has not been developed or approved and will be developed and reviewed by ARC once a budget has been established Note: Be advised that not all signs types within in the signage system have approved designs. Additional sign types will be added into this section as conceptual designs are developed and approved. LL Y 3 .8-.oz I I q a Z LL's% @° - Lu Lu $ g? aG e1e u N u u C E v .5 v•= ��n SmQ UU.ji c oi4' m ,II I9 6 U � n � O T '•a U UP H r E- / N L a = N U � I O Iz ) 000 tz 3 .8-.oz I I - u a v, 2= a u N u u C E v .5 v•= ��n SmQ UU.ji c oi4' m O Iz ) 000 tz RESOLUpTION INO. 10311'. EXHIBIT A ox a8 „6i�a�itli�s34 °j D dh� 53ii�� n 33Y.� of :�: 14i7�ii�J!'a5;b< �I df ., c.� c s pp A !_---------------------- a r -- •• R( r d �tj l [0-7 I , , "d I I r. SS 2 o n I I • j R' I I e.1 111� c I • 11 ' U I �, 11 v I it t ` OP 1. it N r t�• I -� I I ��1'. •�• v � 1 ° I I �• r I I t, a� L-- - - - - -J ., d aj u c C� m� QD c N G R i` � •- o a K m `° o° v n m I I - u c RESOLUpTION INO. 10311'. EXHIBIT A ox a8 „6i�a�itli�s34 °j D dh� 53ii�� n 33Y.� of :�: 14i7�ii�J!'a5;b< �I df ., c.� c s pp A !_---------------------- a r -- •• R( r d �tj l [0-7 I , , "d I I r. SS 2 o n I I • j R' I I e.1 111� c I • 11 ' U I �, 11 v I it t ` OP 1. it N r t�• I -� I I ��1'. •�• v � 1 ° I I �• r I I t, a� L-- - - - - -J ., d aj u c C� m� QD c N G R i` � •- o a K m `° o° v n m LL LLJ RESOC TION'NO. 1031 1w EXHIBIT A SS g OE, tj$ I $a �Le7Er] C E C T VI M.1 g S `�i�i °y7s� ^�C5 crz W¢(% F -g F c }C}y Ns?vS$lI7Y�S'Ai y tC at S c �I �� p ra r• ! T a i ` V �H LuW d0 832 cz G y ..6 1.01-1Z "o- Z > : <� [07 r si' n ti? h I5 `A I IF 0 yN Y ^nJ G O Li V N F ��. ♦V O L) O Y L L C u A� e w m o o� m 10 N c =y.? w OQ cc cc a oa� LL LLJ o RESOLUTION NO. 10311TEXHIBITA �. 4yys }��S ski In a C a3F + w 4 3 A m� S o: I is3Eirs.li7'fiY937 $1 3 i _� i U s. Q Wiz LL 9 ,£ v m u N � O 0. O_ W HUN NO. 1031 1v EXHIBIT A '00 h t> ' I 1a'��n pr 10 0 W I Z�f O,I tF! K5`i� 4 tt eaSF=n ..1 C4 w c cr p4j Y a o c w W °? e C c 4 = rn 9.Z rr£-rZ UmUrn� O iV A [-.Z 9 ,£ v m u N � O 0. O_ KU50LU HUN NO. 1031 1v EXHIBIT A '00 h t> ' I 1a'��n pr 10 rr��nv pp x Y'�a O 5g1x A.A GYf.E ��M'NN I Z�f O,I tF! K5`i� 4 tt eaSF=n ..1 E A [-.Z 9 ,£ v m u N � O 0. O_ •O fVO '00 ci. a° O O C_ G O N c a o 0 (h). H .E E s Gry c� � ¢ 3`" uv nUsoc%C(n rn .A Cs'v9-i v$.E9 U °O -O o o Ua .04 "E gnu >�nu zom ia6�. 10-14 V i+r G v v n a � o U ° s i 4 � E o ° o O ti 119-14 `u �, u E °^ � � C 0 iV u d d' o U A tV rJ iJ rrV rJ C �q ti .d n � Q i1 v E �r N N � O d N � N 3� L 7 q ,L II m N d O N U u u m � m _ o Z a° ai c c a o 0 c E 'vD C c 4 = rn C 0 iV u d d' o U A tV rJ iJ rrV rJ C �q ti .d n � Q i1 v E �r N N � O d N � N 3� L 7 q ,L II m N d O LL a I RESOLUTION'N0. 55 11i - U ao�c �.. "'�''i'k'y5 �,o Z� y d`� D� `l 4 y �•�� uyf �V] N C w to r l'i'tZ� J 1 f/j� Zvi yy xyG O T W i N C SII { s l 3f r�ior ,1 QI z aor. U 07 CO o: c 0 u a a on c N N U V O T C O N c 0 u a a m c `o 0 Y w V O c 10311'D EXHIBIT A 6 m R U U� 3� Qo 0 U U U c GQ uo. LL ti LU E LLJ 00 CCZ 14 Lu (3 cc ui Ul io F-0 rA .d .14 x 0 E o ax Z It u 2 .4 O ca W LOW E 0 0] U U a vi o uo E O O —0 U 2 O o O E RESOLV,SON : NO. 1031 la EXHIBIT A 7i 39, 0 LL; u u 0,4: 1 ti .x E- 2 O o O E RESOLV,SON : NO. 1031 la EXHIBIT A 7i 39, 0 LL; u u 0,4: 1 ORESOLUTION NO. 10311- EXHIBIT A CITY WAYFINDING PROGRAM III. Implementation Plan 1. Highland Drive Community Entry Monument a. Secure City -match funding b. Prepare construction documents c. Bid/Construct monument (bidding and construction to be administered by SLOCOG) 2. Sign Family (entry monuments, vehicular signs, pedestrians signs) a. Finalize Destination List b. Finalize Location Map (based on Destination List) c. Develop Phasing Plan and budgets d. Continue to secure funding for each proposed phase e. Define sign messages per each location (matrix, location map) f. Locate each sign in field for Phase l signs g. Preparation of final artwork and digital files for Phase 1 signs h. Detailed design, cost estimating, and construction documents for Phase 1 signs i. Bid/Construct Phase I signs j. Continue for each phase until complete 3. "You are here" Orientation Maps — placed at parking garages and at Mission Plaza a. Develop budget and secure funding b. Concept development/architectural review & approval c. Locate each map in field d. Preparation of final artwork and digital files e. Detailed design, cost estimating, and construction documents f. Bid/construct orientation maps 4. Arched Gateway a. Develop budget and secure funding b. Design development/architectural review and approval c. Detailed design, cost estimating, and construction documents d. Bid/Construct arched gateway 5. Expanded Signage Family a. Update and prioritize remaining sign list b. Develop phasing planibudgets and secure funding c. Design development/architectural review and approval d. Detailed design, cost estimating, and construction documents: • City facility signs (public buildings, parking facilities, parks, trail and open space, bikeways) • Historical district markers identifying City's designated historic districts • Service club signs (at Highway 101 entries) CRESOLUTION NO. 10311- EXHIBIT A • Parking regulatory signs • Miscellaneous regulatory signs (no smoking, no skateboarding, tour bus parking/engine off, etc.) • Transit and trolley stop signage • Bike path signs • Creek walk signs • Historic site markers and property plaques • Donor plaques e. Bid/construct signs f. Continue until all phases are complete LL LLJ LLJ z L.0 cr. cr LLJ la in Pig - -� 0 u U U= 0 gg 4 i 60 0 I'= It rz 0 U 0 ME rA t5 0 0 u *a-= u u 0 gg 4 i 60 0 I'= It IS RESOLUTION NO. 10311 v EXHIBIT B iM CIA N2-1 4 ------------------ --- -- IL I[ _L4- 3p yQW O yr hF 41) U IS RESOLUTION NO. 10311 v EXHIBIT B iM CIA N2-1 4 ------------------ --- -- IL I[ _L4- 3p yQW O u a RESOLUTION iNO. 10311 - EXHIBIT B w a o s Z ^; ° .` L•.1 ..7ljj p O � � a„ W W 'gg n 3 R o�q w 2.0 o �cl E. �v =s ofio� I wl �. A d0 aiE g�v } 3 x _u x 0 z 0 CA x H O O LL x 0 u z Y 0 0 J W_ z O Q J c� G Ln J Q N F- z w z O rY z w O CL CA m O J Z Q Vl cc _ w El g 0 I a N LLI a N 0 Z n Q Lu O Lu 3W = =� of 01 dGte LUV3 J 0 U H Z J F- U O n 2 n L c � T V G }n} U L 0 Z L T � cd rt r :Fij E n C ns � A i LL O c 2 E n. s Ou c a E E .-(5 U: NdU3i i3 GOO rL €, R O aLL ga c~U s', E ZM n, CA. �i '] 3 cE Y in K A rs ? 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RESOLUTION NO. 10311 - EXHIBIT B 6 W w I w W N 2 Z W 5 v n J a W WO O a f K F O SI < 0 o N N > 2 =5 t �mUw 0 wQ,y O W t 0 2 W O how o �W�J�J3 N��Q�NQ Qw w W f) W ¢¢ 0�z N5�iL2 �u�LL9m =wwo ;o w U m C� 2 Hswz�§ W m W =ZOZ ".H, O S <wti m N � a J H I UU z uzu 14 Oz 4 W �O QO� 60, FLL pW�vi a � �20 O W U 2Zo w t•i z w 2 wrUpU__ I nil = w El g 0 I a N a N 0 Z n Q nil = w El 2 0 I Z N C RESOLUTION NO. 10310 (2011 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ESTABLISHING INTEGRATED SOLID WASTE RATES WHEREAS, on June 21, 1994, the City Council of the City of San Luis Obispo approved the Rate Setting Manual Process and Methodology Manual for Integrated Solid Waste Management Rates; and WHEREAS, notices regarding the requested rate increase were sent on September 1, 2011 to all property owners and customers; and WHEREAS, sufficient protests were not received to prevent the rate increase; and WHEREAS, a review of San Luis Garbage Company's 2011 interim year solid waste rate application has been completed in accordance with the adopted solid waste rate setting policies. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 10039 (2008 series) is hereby rescinded as of 11 :59 p.m., October 31, 2011. SECTION 2. The rates set forth in Exhibit A shall be effective at 12:00 a.m. November 1, 2011. Upon motion of Council Member Carpenter, seconded by Council Smith and on the following vote: AYES: Council Members Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None R 10310 Resolution No. 10310 (2011 Series) Page 2 The foregoing resolution was adopted on this 18'x' day of October 2011. Mao Jan Aarx ATTEST: Elaina Cano City Clerk Fro, amine Dietrick Attorney SAN LUIS GARBAGE COMPANY, INC. PROPOSED RATE INCREASE Exhibit A 1 of 9 Exhibit A 10/3/2011 DE-S R PTIQN t "..• ,` e y th � 'i�,i °k yt 9° SAP r : z 'w ..t,N r i` Lwt yti R "t E EE P .0 ,2aM r uatfir.. N. fu s N Ate' f`O/01�' SINCL , ��. . L.: ��MUL' fi `NIT�;RES_1DENTLA"'�`'�(��1��.. OR��. �',.•, � •«._.� ,. �""., . , � 4rt Price per month for specified waste- wheeler container collected once each week. Greenwaste and recycling service is included at no additional charge. MINI -CAN SERVICE One 19 gallon waste wheeler container 1 $7.54 4.62% $7.89 ECONOMY RATE One 32 gallon waste wheeler container 1 $12.05 4.62% $12.61 STANDARD RATE One 64 gallon waste wheeler container 1 $24.10 4.62% $25.22 PREMIUM RATE One 96 gallon waste wheeler container 1 $36.15 4.62% $37.81 PREMIUM PLUS RATE One 96 gallon waste wheeler at the premium rate plus an additional charge of One 32 gallon waste wheeler container 1 $10.98 4.62% $11.49 One 64 gallon waste wheeler container 1 $21.98 4.62% $23.00 One 96 gallon waste wheeler container 1 $32.97 4.62% $34.49 DESIGNED MANUAL SERVICE (determined by city MINI -CAN SERVICE 1 $12.33 4.62% $12.90 ECONOMY RATE 1 $19.72 4.62% $20.63 STANDARD RAE 1 $39.46 4.62% $41.28 PREMIUM RATE 1 $59.18 4.62% $61.91 PREMIUM PLUS 32 GALLON CAN RATE 1 $17.97 4.62% $18.80 PREMIUM PLUS 64 GALLON CAN RATE 1 $35.96 4.62% $37:62 PREMIUM PLUS 96 GALLON CAN RATE 1 $53.96 4.62% $56.45 LONG TERM VACATION RATE 1 $6.19 4.62% $6.48 SERVICE AWAY FROM THE STREET CURB Additional per month per can or container charge $8.22 4.62%1 $8.60 USED OIL COLLECTION - no charge Call for details and pick up information . ITMAKE,l41P4... T�4 $.6ARBA�'t,311.: '1ecaeq.:e. : "arm• Per trip charge plus charges identified below for any extra containers or equivalent volume. $12.23 4.62% $12.80 Additional charge per 33 gallon can or equivalent volume per collection. $6.04 4.62% $6:32 ,Q7 -E,_ :TON VII Per trip, plus applicable amount below: $18.34 4.62%1 $19.19 Per garbage can or equivalent volume. (Over 6 cans by quotation) $6.04 4.62% $6.32 10/3/2011 LUIS GARBAGE COMPANY, INC. PROPOSED RATE INCREASE f%rrV P%V c w I I ffle. O Exhibit A 2 of 9 Exhibit A OE r A ' F E1PPRVEDR �AA;F: N rt R I 50 N, Per White good article/ appliance. (Once �InI5 km M - " only) Per piece of furniture. $4.57 4.62% $4.78 Per mattress or boxspring. $4.57 4.62% $4.78 $4.57 4.62%1 $4.78 Polystyrene (Styrofoam, Plastic #6) is no longer collected for recycling and should be thrown away as trash. Greenwaste is recycled in a special green waste wheeler and is picked up once a week at no additional charge. Recycling and areenwaste containers should be placed near/next to your garbage bin for collection. -R % A X$," E FW Mm N 11-WIR. One 32-Gallon Can $21.381 4.62% $22.37 One 32 Gallon Can 2 $33.57 4.62% $35.12 One 32 Gallon Can 3 $45.80 4.62% $47.92 One 32 Gallon Can 4 $57.99 4.62% $60.67 One 32 Gallon Can 5 $70.20 4.62% $73.44 One 32 Gallon Can 6 $82.40 4.62% $86.21 One 32 Gallon Can 7 $94.60 4.62% $98.97 Two 32 Gallon Gans 1 $27.48 4.0-0/6 $28.75' Two 32 Gallon Cans 2 $42.76 4.62;70-y'o - $44.74 Two 32 Gallon Cans 3 $58.01 4.62% - $60.69 Two 32 Gallon Cans 4 $73.27 4.62% $76.66 Two 32 Gallon Cans 5 F88-57 4.62% �$92,66 32 Gallon Cans 6 $103.82 4.62% $1 08.62 Two 32 Gallon Cans 7 $119.08 4.62% $124.58 Three 32 Gallon Cans 1 --$3-359 4.62% -T3-514 Three 32 Gallon Cans 2 $51.94 4.62% $54.34 Three 32 Gallon Cans 3 $70.24 4.62% $73.49 Three 32 Gallon Gans 4 $88.60'- 4.62%- $92.69 Three 32 Gallon Cans 5 $106.90 4.62% $111.84 Three 32 Gallon Cans 6 $125.23 4.62% $131.02 Three 32 Gallon Cans 7 $143.57 4.62% $150.20 Four 32 Gallon Cans 1 -$39.71 4.62-0/6 $41.547 Four 32 Gallon Cans --27-- �$61.08 4.62O/Ko $63.90 Four 32 Gallon Cans 3 --$8-244 4.62% 'Ir $86.25 Four 32 Gallon Cans 4 $103.83 4.62% $108.63 Four 32 Gallon Cans 5 $125.21 4.62% $130.99 Four 32 Gallon Cans 6 $146.60 4.62% $153.37 Four 32 Gallon Cans 7 �$167.95 4.62% $175.71 Five 32 -Gallon Cans 1 1 $45.82 4.62% $47.94 Five 32 Gallon Cans 2 $70.23 4 .-. 610/ $73.47 Five 32 Gallon Cans - 3 $94.66 To-/- 4.62 Vo $99.03 Five 32 Gallon Cans 4 $119.08 4.62% $124.58 Five 32 Gallon Cans 5 $143-53 4.62% $150.16 Five 32 Gallon Cans 6 �$167.93 4.62% $175.69 Five 32 Gallon Gans 7 1 $1-92-.3-6F- 4.62%- �$201,25 Six 32- Gallon Cans 1 $51.94 4.62% $ Six 32 Gallon Cans 2 2% - $83.06 10/3/2011 LUIS GARBAGE COMPANY, INC. PROPOSED RATE INCREASE Exhibit A 3of9 Exhibit A V 1 yr opud LU10 U610rU $E VIDE p SCRI T10 v <. •� S �,.� reaE; a'y, a " ?„ 'i�fi:NagA�,.6" � r , ` ' ApPROyED" EM �',° \ a Six 32 Gallon Cans $111.80 3 $106.86 4.62% Six 32 Gallon Cans 4 $134.35 4.62% $140.56 Six 32 Gallon Cans 5 $161.80 4.62% $169.28 Six 32 Gallon Cans 6 $189.30 1 4.62% $198.05 Six 32 Gallon Cans 7 $216.76 4.62% $226.77 10/3/2011 SAN LUIS GARBAGE COMPANY, INC. PROPOSED RATE INCREASE Exhibit A 4 of 9 Exhibit A T Vr QAN LUJa UtSfal-U. S V CE ESC IPTI N N EN �ARRFKIP RAM 1 `RAT �'NEYV MQjT.,,'HkX M ' S" OME &JEFFEAT'Im. 'GMME�1iST�E1H 1E I E E One 96 Gallon Waste Wheeler 1 $38.10 4.62% $39.86 One 96 Gallon Waste Wheeler 2 $61.01 4.62% $63.83 One 96 Gallon Waste Wheeler 3 $83.92 4.62% $87.80 One 96 Gallon Waste Wheeler 4 $106.82 4.62% $111.76 One 96 Gallon Waste Wheeler 5 $129.75 4.62% $135.74 One 96 Gallon Waste Wheeler 6 -Wheeler $152.62 4.62% $159.67 One 96 Gallon Waste 7 $175.55 4.62% $183.66 Two 96 Gallon Waste Wheelers 1 $62.47 4.62% $65.36' Two 96 Gallon Waste Wheelers 2 79-602 4.62% $100.46 Two 96 Gallon Waste Wheelers 3 $129.61 4.62% $135.60 Two 96 Gallon Waste Wheelers 4 $163.19 4.62% $170.73 Two 96 Gallon Waste Wheelers 5 $196.77 4.62% $205.86 Two 96 Gallon Waste Wheelers 6 -F2-3034 4.62% $240.98 Two 96 Gallon Waste Wheelers 7 $263.96 4.62% $276.15 Three 96 Gallon Waste Wheelers 1 $86.82 4.62% $90.83 Three 96 Gallon Waste Wheelers 2 $-13-108 4.62% $137.14 Three 96 Gallon Waste Wheelers 3 $175.35 4.62% $183.45 Three 96 Gallon Waste Wheelers 4 $219.63 4.62% $229.78 Three 96 Gallon Waste Wheelers 5 $263.91 4.62% $276.10 Three 96 Gallon-- Waste Wheelers 6 $308.15 4.62% $322.39 Three 96 Gallon Waste Wheelers 7 $352.43 4.62% $368.71 Four 96 Gallon Waste Wheelers 1 $111.17 4.62% $116.31 Four 96 Gallon Waste Wheelers 2 $166.12 4.62% $173.79 Four 96 Gallo-n- Waste Wheelers 3 $221.10 4.62% $231.31 Four 96 Gallon Waste Wheelers 4 T-7604 4.62% $288.79 Four 96 Gallon Waste Wheelers 5 $331.01 $346.30 Four 96 Gallon Waste Wheelers 6 $385.94 4.62% $403.77 Four 96 Gallon Waste Wheelers $440.93 4.62% $461.30 Five 96 Gallon Waste Wheelers 1 $135.52 4.62% $141.78 Five 96 Gallon VVaste Wheelers 2 -$201.20 4.62% $210.50 Five 96 Gallon Waste Wheelers 3 $266.82 1 4.62% $279.15 Five 96 Gallon Waste Wheelers 4 $332.48 4.62% $347.84 Five 96 Gallon Waste Wheelers 5 $398.12 4.62%1 $416.51 Five 96 Gallon Waste Wheelers 6 -V46-377 4.62%1 $485.20 Five 96 Gallon Waste Wheelers 7 $529.41 4.62%1 $553.87 10/3/2011 SAN LUIS GARBAGE COMPANY, INC. PROPOSED RATE INCREASE Exhibit A 5 of 9 Exhibit A %pi p Y QF 5imi Lula ubibtlu lee S I ON V lml MR. 'IT ME P.11:11= N, . I I I I I I I I I I . K_ iNT . EE ...... Six 96 Gallon Waste Wheelers 1 $159.89 4.62% $167.28 Six 96 Gallon Waste Wheelers 2 $236.23 4.62% $247.14 Six 96 Gallon Waste Wheelers 3 $312.56 4.62% $327.00 Six 96 Gallon Waste Wheelers 4 _Gallon $388.88 4.62% $406.85 Six 96 Waste Wheelers 5 $465.22 4.62% $486.71 Six 96 Gallon Waste Wheelers 6 $541.59 4.62% $566.61 Six 96 Gallon Waste Wheelers 7 $617.89 4.62% $646.44 Seven 96 Gallon Waste Wheelers 1 $184.25 4.62% $192.76 Seven 96 Gallon Waste Wheelers 2 $271.27 4.62% $283.80 Seven 96 Gallon Waste Wheelers -Wheelers 3 $358.30 4.62% $374.85 Seven 96 Gallon Waste 4 $445.32 4.62% $465.89 Seven 96 Gallon Waste Wheelers 5 $532.35 4.62% $556.94 Seven 96 Gallon Waste Wheelers 6 T619-37 - 4.62% $647.98 Seven 96 Gallon Waste Wheelers 7 __$_70_639 - 4.62% $739.03 Eight 96 Gallon Waste Wheelers 1 $208.61 4.62% $218.25 Eight 96 Gallon Waste Wheelers 2 $306.33 4.62% $320.48 Eight 96 Gallon Waste Wheelers 3 $404.02 4.62% $422.69 Eight 96 Gallon Waste Wheelers 4 $501.74 4.62% $524.92 Eight 96 Gallon Waste Wheelers 5 $599.45 4.62% $627.14 Eight 96 Gallon Waste Wheelers 6 $697.17 4.62% $729.38 Eight 96 Gallon Waste Wheelers 7 P94.87 4.62% $831.59 Nine 96 Gallon Waste Wheelers 1 $232.97 4.62% $243.73 Nine 96 Gallon Waste Wheelers 2 $341.35 4.62% $357.12 Nine 96 Gallon Waste Wheelers 3 $449.75 4.62% $470.53 Nine 96 Gallon Waste Wheelers 4 $558.13 4.62% $583.92 Nine 96 Gallon Waste Wheelers 5 _T6_6652 4.62% $697.31 Nine 96 Gallon Waste Wheelers 6 $774.90 4.62%_ $810.70 Nine 96 Gallon Waste Wheelers 7 $883.26 4.62% $924.07 OWEN 1 Yd Dumpster 1 $87.02 4.62% $91.04 1 Yd Dumpster 2 $126.74 4.62% $132.60' 1 Yd Dumpster 3 $166.40 4.62% $174.09 1 Yd Dumpster 4- $206.11 4.62% $215.63 1 Yd DUmpste-r 5 $245.81 4.62% $257.17 1 Yd Dumpster 6 $285.46 4.62% $298.65 1 Yd Dumpster 7 F325-17 4.62% $340.19 1.5 Yd Dumpster 1 $100.76 4.62% $105.42 1.5 Yd Dumpster 2 $155.71 4.62% $162.90 1.5 Yd Dumpster 3 $210.68 4.62% $220.41 1.5 Yd Dumpster 4 $265.62 4.62% $277.89 1.5 Yd Dumpster 5 $320.59 4.62% $335.40 1.5 Yd Dumpster 6 $375.53 4.62% $392.88 1.5 Yd Dumpster 7 $430.51 4.62% $450.40 10/3/2011 SAN LUIS GARBAGE COMPANY, INC. PROPOSED RATE INCREASE CITY AF CAM 1 I Ile Piclon^ Exhibit A 6of9 Exhibit A Egue l � IES6RI tON, ..,~ z °° a" WI 'NRE-FF, H ,. PER WEE 2 Yd Dumpster _ =s "' wTE o _ H w 4 , 2 Yd Dumpster 1 $114.49 4.62% $119.78 2 Yd Dumpster 2 $183.19 4.62% $191.65 2 Yd Dumpster 3 $251.88 4.62% $263.52 2 Yd Dumpster 4 $320.58 4.62% $335.39 2 d Dumpster 5 $389.28 4.62% $407.26 2 Yd Dumpster 6 $457.95 4.62% $479.11 7 $526.64 4.62% $550.97 3 Yd Dumpster 3 Yd Dumpster 1 $141.95 4.62% $148.51 3 Yd Dumpster 2 $238.16 4.62% $249.16 3 Yd Dumpster 3 $334.32 4.62% $349.77 3 Yd Dumpster 4 $430.51 4.62% $450.40 3 Yd Dumpster 5 $526.68 4.62% $551.01 3 Yd Dumpster 6 $622.86 4.62% $651.64 7 $719.04 4.62% $752.26 4 Yd Dumpster 4 Yd Dumpster 1 $168 44 4.62% $177.27 4 Yd Dumpster 2 $294.63 4.62% $308.24 4 Yd Dumpster 3 $419.84 . 462% $439.24 4 Yd Dumpster 4 $545.03 4.62% $570.21 4 Yd Dumpster 5 $670.21 4.62% $701.17 4 Yd Dumpster 6 $795.42 4.62% $832.17 7 $920.63 4.62% $963.16 6 Yd Dumpster 6 Yd Dumpster 1 $224.38 4.62% $23475 6 Yd Dumpster 2 $406.06 4.62% $424.82 6 Yd Dumpster 3 $587.75 4.62% $614.90 6 Yd Dumpster 4 $769.42 4.62% $804.97 6 Yd Dumpster 5 $951.12 4.62% $995.06 6 Yd Dumpster 6 $1,132.79 4.62% $1,185.12 7 $1,314.48 4.62% $1,375.21 M E C b"1�ROt1fyT4I E -- cub% and 1 d Dumpster 1 Yd Dumpster 1 •' $76.33 4.62%1 $79.86 1 Yd Dumpster 2 $106.86 4.62% $111.80 1 Yd Dumpster 3 $137.41 4.62% $143.76 1 Yd Dumpster 4 $167.93 4.62% $175.69 1 Yd Dumpster 5 $198.45 4.62% $207.62 1 d Dumpster 6 $229.00 4.62% $239.58 7 $259.54 4.62% $271.53 1.5 Yd Dumpster 1.5 Yd Dumpster 1 $85.49 7620/6 $89.44 1.5 Yd Dumpster 2 $125.17 4.62% $130.95 1.5 Yd Dumpster 3 $164.85 4.62% $172.47 1.5 Yd Dumpster 4 $204.56 4.62% $214.01 1.5 Yd Dumpster 5 $244.24 4.62% $255.52 1.5 Yd Dumpster 6 $283.94 4.62% $297.06 7 $323.64 4.62% $338.59 2 Yd Dumpster 2 Yd Dumpster 1 $94.65 4.62% $99.02 2 $141.97 4.62% $148.53 10/3/2011 SAN LUIS GARBAGE COMPANY, INC. PROPOSED RATE INCREASE Exhibit A 7 of 9 Exhibit A i vil 1 %jr 5~4 Luia ywory ftm� 2 Yd Uumpster 2 Yd Dumpster 2 Yd Dumpster 2 Yd Dumpster 2 Yd Dumpster IC PS" URit ARONED, sT ME ­0 W V 'T I WENTZ Itv 3 4 5 6 7 $189.32 $236.65 -T2-8397 $331.30 $378.63 4.62% 4.62% 4.62% 4.62% 4.62% $198.07 $247.58 $297.09 $346.61 $396.12 3 Yd Dumpster 3 Yd Dumpster 3 Yd Dumpster 3 Yd Dumpster 3 Yd Dumpster 3 Yd Dumpster 3 Yd Dumpster 1 2 3 4 5 6 7 $112.97 $178.60 $244.24 $309.89 $375.53 $441.18 $506.84 4.62% 4.62% 4.62% 4.62% 4.62% 4.62% 4.62% $118.19 $186.85 $255.52 $324.21. $392.88 $461.56 $530.26 4 Yd Dumpster 4 Yd Dumpster 4 Yd Dumpster 4 Yd Dumpster 4 Yd Dumpster 4 Yd Dumpster 4 Yd Dumpster 1 2 3 4 5 6 7 $131.27 $216.77 $302.24 $387.76 $473.23 $558.72 $644.23 4.62% 4.62% 4,62% 4.62% 4.62% 4.62% 4.62% $137.33 $226.78. $316.20 $405.67 $495.09 $584.53 $673.99 6 Yd Dumpster 6 Yd Dumpster 6 7d -Dumpster 6 Yd Dumpster 6 Yd Dumpster 6 Yd Dumpster 6 Yd Dumpster 1 2 3 4 5 6 7 $167.90 $288.52 $409.14 $529.76 $650.38 T770-98 $891.62 4.62% 4.62% 4.62% 4.62% 4.62% 4.62% 4.62% $175.66 $301.85 $428.04 $554.23 $680.43 $806.60 $932.81 8 Yd Dumpster 8 Yd Dumpster 8 Yd Dumpster 8 Yd Dumpster 81 Yd Dumpster 8 Yd Dumpster 8 Yd Dumpster 1 2 3 4 5 -6 7 72-0-453 $360.26 -$515.99 $671.72 $827.45 $983.18 $1,138.92 4.626/-o- 4.62% 4.62% 4.62% 4.62% 4.62% 4.62% $213.98 $376.90' $539.83 $702.75 $865.68 $1,028.60 $1,191.54 Sunday Service $53.45 4.62%. $55.92 The rates shown above include the monthly container rental fee and are the same for bins and garwoods, when volume is identical. (Bins and garwoods are types of containers) UNSCHEDULED EXTRA COLLECTIONS - ;FOR COMMERCIAL CUSTOMERS & MULTI-UNIT 1 CUBIC YARD 2 CUBIC YARDS 3 CUBIC YARDS 4 CUBIC YARDS $35.13 $45.81 $56.49 $67.17 4.62% 4.62% 4.62% 4.62% $36.75 $47.93 $59.10 $70.27 10/3/2011 SAN LUIS GARBAGE COMPANY, INC. PROPOSED RATE INCREASE Exhibit A -8 Of 9 Exhibit A r QF JAN Luia 05ibi-0 'G 1, WSOR1,111 I SUP 1- &12t ko It 01' ' "T WY! '4 "--'i ea. R 30" NO Q i!jk ,-R 9 WKWO 150RUFTLO 21 . . . . . . . ... '000 LA, tz All commercial customers pay $3.00 per month for commercial recycling services. This charge includes all recycling services except collection of cardboard in excess of 2 yards once a week. This base charge has already been added to the rates above, for 1 Yd Dumpster I INCLUDED* INCLUDED*- 1 Yd Dumpster 2 INCLUDED* 4.62% INCLUDED , 1 Yd Dumpster 3 $34.35 4.62% $35.94 1 Yd Dumpster 4 $41.99 4.62% $43.93 1 Yd Dumpster 5 $49.61 4.62% $51.90 1 Yd Dumpster 6 $57.26 4.62% $59.91 1 Yd Dumpster 7 T64-87 4.62% $67.87 1.5 Yd Dumpster I INCLUDED* INCLUDED * 1.5 Yd Dumpster 2 INCLUDED* 4.62% INCLUDED * 1.5 Yd Dumpster 3 $41.22 4.62% $43.12 1.5 Yd Dumpster 4 151.12 4.62% $53.48 1.5 Yd Dumpster 5- $61.05 4.62% $63.87 1.5 Yd Dumpster 6 $70.97 4.62% $74.25 1.5 Yd Dumpster 7 $80.91 4.62% $84.65 2 Yd Dumpster I INCLUDED.* INCLUDED* 2 Yd Dumpster 2 INCLUDED* 4.62% INCLUDED 2 Yd Dumpster 3 $47.31 4.62% $49.50- 2 Yd DumpsteF-- 4 $59.16 4.62% $61.89 2 Yd Dumpster 5 $70.98 4.62% $74.26 2 Yd Dumpster 6 $82.83 4.62% $86.66 2 Yd Dumpster 7 T94-66 4.62% �$99.03 3 Yd Dumpster 1 INCILUDED* INCLUDED* 3 Yd Dumpster 2 INCLUDED* 4.62% INCLUDED * 3 Yd Dumpster 3 $61.05 4.62% $63.87 3 Yd Dumpster 4 $77.48 4.62% $81.06 3 Yd Dumpster 5 $93.88 4.62% $98.22 3 Yd Dumpster 6 $110.30 4.62% $115.40 3 Yd Dumpster 7 $126.71 4.62% $132.56 i 4 Yd Dumpster 1 :INCLUDED* INCLUDED* 4 Yd Dumpster 2 INCLUDED* 4.62% INCLUDED * 4 Yd Dumpster 3 $75.57 4.62% $79.06 4 Yd Dumpster 4 $96.93 4.62% $101.41 4 Yd Dumpster 5 $118.31 4.62% $123.78 4 Yd Dumpster 6 $139.70 4.62% $146.15 4 Yd Dumpster 7 $161.04 4.62% $168.48 6 Yd Dumpster -1 INCLUDED* INCLUDED* 6 Yd Dumpster 2 INCLUDED* 4.62% 1 INCLUDED 6 Yd D-umpster 3 $102.29 % $10702 6 Yd Dumpster 4 1 $132.451 4.62%1 10/3/2011 1 SAN LUIS GARBAGE COMPANY, INC. PROPOSED RATE INCREASE Exhibit A 9of9 Exhibit A wig 1 yr %7~4 L-vic V6h7ru - u a ER. CsEDESC PT F. RW1:k;f :,;„i•�+� t pP tSy r, 4^.2 m Y '..4' tYw i : M 6 Yd Dumpster 6 Yd Dumpster 6 Yd Dumpster - � M, Jl. , DER WE_ 5 6 7 :�. RR ah'V7, . y i s Tt A P °" t? $ F30VED Kit - A...� S' "A; % W DNi . w e ,.IVE $162.61 $192.74 $222.91 4.62% 4.62% 4.62% $170.12 $201.64 $233.21 8 Yd Dumpster 1 INCLUDED* INCLUDED* 8 Yd Dumpster 8 Yd Dumpster 8 Yd Dumpster 8 Yd Dumpster 8 Yd Dumpster 8 Yd Dumpster 2 3 4 5 6 7 INCLUDED* $129.02 $167.93 $206.86 $245.82 $284.73 4.62% 4.62% 4.62% 4.62% 4.62% 4.62% INCLUDED * $134.98 $175.69 $216.42 $257.18 $297.88 In -office weekly collections of white and colored paper. 51.64 4.62% $54.03 The rates shown above include the monthly container rental fee and are the same for bins and garwoods, when identical. (Bins and garwoods are types of containers used for recycling) volume is All commercial customers are eligible for standard waste wheeler recycling and greenwaste services at no additional charge. Commercial customers can choose from a 32, 64, or 96 gallon blue waste wheeler for commingled recycling. White office paper can be commingled with the other recyclabies in the blue waste wheeler. Polystyrene (Styrofoam, Plastic #6) is no longer collected for recycling and should be thrown away as trash. Greenwaste is recycled in a special green waste wheeler and is picked up once a week at no additional charge. Effective date for rates in Current Rate column was: 01/01/09 This increase Is approximately: 4.62% Effective Date: 10/01/11 (�•Illnni•rnnnM nnA G..H:..�1�..�J��L.. �__..___._•... -. �.. .�.� .. .... -. _. •— --- - -•-•• ° °•• °• "'•'•'�'l •+��•+••�o••�q•��w -vny vi Q6V IU V5 F1UW IV- I- Lull.XIsjuly OT bLu 10/3/2011 RESOLUTION NO. 10309 (2011 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING THE BASIS FOR AND THE LEVY OF THE ASSESSMENT FOR THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT, AND AFFIRMING THE ESTABLISHMENT OF THE DISTRICT WHEREAS, the Parking and-Business Improvement Law of 1989, sections 36500 et seq. of the Streets and Highways Code, authorizes cities to establish business improvement districts for several purposes, one of which is promotion of tourism; and WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism Business Improvement District had requested the City of San Luis Obispo establish such a self - assessment improvement district in 2008; and WHEREAS, the San Luis Obispo Tourism Business Improvement District was established in July 2008, and the San Luis Obispo Tourism Business Improvement District law was incorporated into the Municipal Code under Chapter 12.42; and WHEREAS, the City Council appointed an advisory board to carry out the functions specified in Street and Highways Code Section 36530, and to provide oversight, guidance, and recommendations regarding the use of the assessment funds; and WHEREAS the San Luis Obispo Tourism Business Improvement District law and the Parking and Business Improvement Law of 1989 requires the advisory body to prepare and submit an annual report stating proposed changes, improvements and activities for the fiscal year; and WHEREAS, such report was filed and approved by the City Council on October 4, 2011; and WHEREAS, on October 4, 2011 the City Council adopted Resolution No. 10306 (2011 Series) declaring its intention to continue the San Luis Obispo Tourism Business Improvement District in 2011 -12; and WHEREAS, the City Council held a duly noticed Public Hearing on October 18, 2011 to allow for protests, as contemplated by Streets and Highway Code Section 36524; and WHEREAS, sufficient written or oral protest were not received from hotel businesses in the district which pay fifty percent or more of the assessment. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: a. The establishment of Tourism Business Improvement District in the City of San Luis Obispo in accordance with the San Luis Obispo Tourism Business Improvement District law, R 10309 O Resolution No. 10309 (2011 Series) Page 2 San Luis Obispo Municipal Code Chapter 12.42, and the California Streets and Highways Code, section 36500 et seq. (Parking and Business Improvement Law of 1989) is affirmed. b. The assessment levied by the Tourism Business Improvement District shall be used to promote lodging at the hotels within the district and administer marketing programs that increase overnight lodging. c. The assessment shall be levied and allocated by the City of San Luis Obispo. d. The assessment shall to be levied on all "hotels ", as that term is defined in San Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. e. The assessment shall be based on two percent (2 %) of gross room rent. f. New hotels shall not be exempt from assessment. 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 The foregoing resolution was adopted this 18`h day of October 2011 C Mayo a h Marx ATTEST: Elaina Cano City Clerk RESOLUTION NO. 10308 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL TO THE TREE COMMITTEE DECISION TO DENY A TREE REMOVAL REQUEST AT 1284 ELLA STREET WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on August 22, 2011, reviewed the application again on September 26, 2011, and denied the Property Owner's request to remove one pine tree located in the front yard at 1284 Ella Street, San Luis Obispo, California ( "Property "); and WHEREAS, on October 18, 2011, the City Council of the City of San Luis Obispo held a public hearing to consider the appeal of the Tree Committee's decision to deny the removal of one pine tree at the Property. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings: The City Council, after consideration of the property owner's appeal of the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, and public testimony, makes the following findings: a. The tree is not causing undue hardship to the Property, i.e. damaging curbs, gutter, sidewalks and sewer plumbing. b. The removal of one pine tree located in the yard at 1284 Ella Street will not promote good arboricultural practice. c. The removal of one pine tree will harm the character or environment of the surrounding neighborhood. SECTION 2. The appeal of the Tree Committee's decision to not allow the property owner to remove one pine tree at 1284 Ella Street is hereby denied and the property owner may not remove the tree. 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 10308 i Resolution No. 10308 (201 Series) Page 2 The foregoing resolution was adopted this 18'' day of October 2011. L May J Marx ATTEST: i Elaina Cano City Clerk APPROVED AS TO FORM: tine Dietrick Attorney RESOLUTION NO. 10307 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO MODIFYING THE COMPENSATION FOR COUNCIL MEMBER DAN CARPENTER FOR THE REMAINDER OF HIS TERM 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, on January 4, 2011, Council approved Council Member Carpenter's request to waive a portion of his compensation; and WHEREAS, Council Member Dan Carpenter wishes to modify the amount of his compensation from $8,600 to $10,200, effective October 27, 2011 and through the remainder of his term in office. 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, beginning October 27, 2011, Council Member Dan Carpenter shall be paid a monthly salary of $850 (equivalent to an annual salary of $10,200) as compensation for services rendered in his official capacity. SECTION 2. Upon the conclusion of Council Member Carpenter's current term of office (2010- 2012), compensation 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 10307 Resolution No. 10307 (2011 Series) Page 2 The foregoing resolution was adopted this 18`h day of October 2011. Mayo Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO �fstine Dietrick Attorney RESOLUTION NO. 10306 (2011 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING ITS INTENTION TO CONTINUE THE SAN LUIS OBISPO TOURISM BUSINESS IMPROVEMENT DISTRICT, TO CONTINUE THE BASIS FOR AND TO LEVY THE ASSESSMENT FOR THE DISTRICT, AND TO SET DATES FOR THE PUBLIC HEARINGS ON THE DISTRICT AND THE ASSESSMENT FOR 2011 -12 WHEREAS, the Parking and Business Improvement Law of 1989, sections 36500 et seq. of the Streets and Highways Code, authorizes cities to establish business improvement districts for several purposes, one of which is promotion of tourism; and WHEREAS, the lodging businesses within the proposed City of San Luis Obispo Tourism Business Improvement District had requested the City of San Luis Obispo establish such a self - assessment improvement district in 2008; and WHEREAS, the San Luis Obispo Tourism Business Improvement District was established in July 2008 and incorporated into the Municipal Code under Chapter 12.42; and WHEREAS, the City Council appointed an advisory board to provide oversight, guidance, and recommendations regarding the use of the assessment funds; and WHEREAS, the City Municipal Code and the Parking and Business Improvement Law require the advisory board to prepare and submit an annual report stating proposed changes, improvements and activities for the fiscal year; and WHEREAS, this report was filed and approved by the City Council on October 4, 2011. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: a) The San Luis Obispo City Council proposes to continue the established Tourism Business Improvement District in the City of San Luis Obispo in accordance with City Municipal Code Chapter 12.42 and the California Streets and Highways Code, sections 36500 et seq. (Parking and Business Improvement Law of 1989). b) The assessment levied by the Tourism Business Improvement District shall be used to promote lodging at the hotels within the district and administer marketing programs that increase overnight lodging. c) The assessment will be levied and allocated by the City of San Luis Obispo. d) The assessment is proposed to be levied on all "hotels ", as that term is defined in San Luis Obispo Municipal Code section 3.04.020, to wit: any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, R 10306 � o Resolution No. 10306 (201`1 Series) Page 2 motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, or other similar structure or portion thereof. e) The assessment shall be based on two percent (2 %) of gross room rent. f) New hotels shall not be exempt from assessment. g) The public hearing, held pursuant to the City Municipal Code Chapter 12.42 and the Parking and Business Improvement Law of 1989, section 36535 of the Streets and Highways Code, is to allow for comments on the District and proposed assessment, and is hereby set for 7 P.M., Tuesday, October 18, 2011, before the City Council of San Luis Obispo at the City Council Chambers at 990 Palm Street, San Luis Obispo, California. h) At the public hearing, the testimony of all interested persons for or against the continuation of the District, the boundaries of the District, or the furnishing of specified types of improvements or activities will be heard. i) Any protest against the continuation of the City of San Luis Obispo Tourism Business Improvement District and the levying of the assessment, or any aspect thereof, may be made in writing. A protest may be withdrawn at any time before the conclusion of the public hearing. Any written protest shall contain a description of the business in which the person signing the protest is not shown on the official records of the City of San Luis Obispo as the owner of the business, then the protest shall contain or be accompanied by written evidence that the person is the owner of the authorized representative of the business. Any protest as to the regularity or evidence of the proceedings shall be in writing and clearly state the irregularity or defect to the City of San Luis Obispo at 990 Palm Street, San Luis Obispo, CA 93401. j) If, at the conclusion of the public hearing, there are of record, written protests by the owners of businesses within the proposed San Luis Obispo Tourism Business Improvement District that will pay fifty percent (50 %) or more of the total assessments of the entire San Luis Obispo Tourism Business Improvement District, no further proceedings to continue the San Luis Obispo Tourism Business Improvement District shall occur. New proceedings to form the San Luis Obispo Tourism Business Improvement District shall not be undertaken again for a period of at least one (1) year from the date of the finding. If the majority of written protests are only as to an improvement or activity proposed, then that type of improvement or activity shall not be included in the San Luis Obispo Tourism Improvement District. BE IT FURTHER RESOLVED, the City Clerk is instructed to provide notice as required by the City Municipal Code Chapter 12.42 and the Parking and Business Improvement Law of 1989, section 36534, subpart (7) of the Streets and Highways Code, to wit: the City Clerk shall give notice of the public hearing by causing the resolution of intention to be published once in a newspaper of general circulation in the City no less than seven days before the public hearing. V/ J Resolution No. 10306 (2011 Series) Page 3 Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Smith, and on the following vote: AYES: NOES: ABSENT: The foregoing resolution was adopted this 4`h day of October 2011. Mayor Marx ATTEST: J���- Elaina Cano City Clerk APPROVED AS TO FORM: Cis istine Dietrick City Attorney n RESOLUTION NO. 10305 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS AND CERTIFYING COMPLETION OF THE PRIVATE IMPROVEMENTS FOR TRACT NO. 2990 (FORMERLY TRACT 2723) (300 LAWRENCE DRIVE, TR 77 -07) WHEREAS, the City Council made certain findings concerning Tract 2990, as prescribed in Resolution No. 9935 (2007 Series); and WHEREAS, the City Council approved the final map for Tract 2990 per Resolution No. 10304 (2011 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2990, except for the mitigation planting, in accordance with City standards, specifications, and the subdivision agreement, and has requested acceptance of the public improvements for maintenance and operation by the City; and WHEREAS, the subdivider has satisfactorily completed the private improvements for Tract 2990, except for the wall on Parcel A of Parcel Map SLO AL 08 -0008, in accordance with City standards, specifications and the approved plans, and has requested that the city certify completion of these private improvements; and WHEREAS, the public and private improvements have been in place for over one year, and, with the exception of the wall and mitigation planting, no defects have been found; and WHEREAS, the subdivider has submitted sureties guaranteeing completion of the mitigation planting and wall. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City Council hereby accepts the public improvements for Tract No. 2990, except for the mitigation planting. SECTION 2. The City Council hereby certifies completion of the private improvements for Tract No. 2990, except for the wall on Parcel A of Parcel Map SLO AL 08 -0008. SECTION 3. The Public Works Director is hereby authorized to accept the mitigation planting on behalf of the City upon its completion to the satisfaction of the City. SECTION 4. The Public Works Director is hereby authorized to certify completion of the wall on Parcel A of Parcel Map SLO AL 08 -0008 upon its completion to the satisfaction of the City. R 10305 Resolution No. 10305 (2011 Series) Page 2 SECTION 5. The surety guaranteeing completion of the mitigation planting may be released by the Public Works Director upon the successful completion of the 36 month warranty time period from the date the Public Works Director accepts the improvement. SECTION 6. The surety guaranteeing completion of the wall on Parcel A of Parcel Map SLO AL 08 -0008 may be released by the Public Works Director upon the successful completion of the 12 month warranty time period from the date the Public Works Director certifies its completion. 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 4th day of October 2011. ATTEST: Elaina Cano APPROVED AS TO FORM: RESOLUTION NO. 10304 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2990 (FORMERLY TRACT 2723) (300 LAWRENCE DRIVE, TR 77 -07) WHEREAS, the City Council made certain findings concerning the vesting tentative map for Tract 2990, as prescribed in Resolution No. 9935 (2007 Series); and WHEREAS, the subdivider has completed all required subdivision improvements or submitted surety bonds to guarantee installation of the required subdivision improvements as shown on the approved plans, and all fees have been received or will be received prior to map recordation, as prescribed in the Subdivision Agreement; and WHEREAS, all conditions required per said Resolution No. 9935 (2007 Series) have been met prior to final recordation of the map; and WHEREAS, Private Biological Open Space Easement Agreement(s) are required over a portion of the lots to protect sensitive biological resources. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The final map for Tract No. 2990, as shown on the attached Exhibit "A ", combined with Parcel Map SLO AL 08 -008, as shown on the attached Exhibit "B ", is found to be in substantial compliance with the tentative map. SECTION 2. The Subdivision Agreement for Tract No. 2990 as shown on the attached Exhibit "C" is hereby approved. SECTION 3. The Private Biological Open Space Easement Agreement(s) over Lots 1 through 5 of Tract 2990, a sample of which is shown on the attached Exhibit "D ", is hereby approved. SECTION 4. Approval of the final map for Tract 2990 is hereby granted. SECTION 5. The Community Development Director is hereby authorized to approve Parcel Map SLO AL 08 -0008. SECTION 6. The Mayor and City staff are authorized to take action necessary to carry out the intent of this resolution. R 10304 Resolution No. 10304 (2011 Series) Page 2 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 4th day of October 2011. akg��4 M M ATTEST: Elaina Cano City Clerk Exhibit "N' � YVP I �8a g4.Ri SSt 12 58:5 0 3 ry." 9Y Oi i ab�5 • �i3YF z. Y � a5 °9p v G � c �V F i "=�r" `C=yrY � •irk "+� I bl n I,rZ� � sa a Z qq' �g Ir�� v 3 @ g s OR bxshb �. g s' g o y by e 3 b! Y. cS�e.6 iY �� Eb�iuJ, S K£j _ §atat Ft.g 5`yyYe� •� �:j g "a 2 ��� `�` P v, '� lC" Yzt siri} g4 lip ga a y£Y a. is :� Y•g� 7� €� zp z d'a � :. � � raz n Exhibit "A" -Exhibit 11@11 -0 00 _db y 0, a�3 ap ? F t of gY S el• q 3a. FR �\�py,•/ �Y tae � e 3 g "' � ��� ..9� = Taut :y iFe S'ak ° � tt yy +,•�+88 6 gV C x 3tLg � GY .N d i fyy� 4 i83a: p y 'kaw b c��gi 3i.�1 45R�zi` . y 83 n'iy m f3 �i ny to �jf e m r: � z mJ sir Faa§" r f 31� a by eb Y� L. j E ��TJi aQ n� hn a3 a 'ssx giRF H �SY i( AP �T4ep� Y' r' fi Rc� i 9 :xia spa �£Y� z g F @.3 vitg Exhibit "B" [40 act M144 V -2L bDo CP 7 In to 2 CC, InIv .j w U IL Ty 41t, �mw 4L --,,Exhibit "B" � ' § ! $� El � wR h CD . Az /. . 2�» % � \/ - L \«a « \ \� SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of EXHIBIT C 2011, by and between LAWRENCE DRIVE, LLC, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on the Final Map of Tract 2990, City of San Luis Obispo, California, as approved by the City Council on the 26th day of September, 2007. The Subdivider desires that said Tract No. 2990 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1 K 3. CURB, GUTTERS AND SIDEWALKS STREET BASE AND SURFACING WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. AHIBIT C 4. LANDSCAPING 5. DRAINAGE STRUCTURES 6. STREET LIGHTS 7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities, by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. .,...fhe Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within twelve (12) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement. Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. (D ?XHIBIT C No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions established by the Planning Commission and /or the City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section comers and retracement of section lines within the Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of State of California. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor u, of the..City.of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $12,000 which is the amount of the estimated cost of said improvements that remain to be completed from the original $746,695 of required improvements. Per Sec. 66499.7(d) of the Government Code of the State of California, a reduction in the performance security, is not; and shall not be deemed to be, an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all required public improvements have been accepted by the local agency and all other required n improvements have been fully completed in accordance with the plans and specifications for the improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will retain the above referenced faithful performance surety in the amount of $12,000 to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according.to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. ,:XHIBIT C Said Subdivider has paid an inspection fee of $35,428 for City to inspect the installation of said subdivision improvements, and to verify that they have been completed in accordance with the plans and specifications. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and /or its agents, officers and employees from any claim, action or proceeding against the City and /or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all x:. actions relating thereto, including but not limited to environmental review. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will fumish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO SUBDIVIDER MAYOR Jan Marc LA CE HOMES, LLC By: hAdy Alonzo, Agent EXHIBIT C UsURIA CITY CLERK Elaina Cano APPROVED AS TO FORM: CITY ATTORNEY Christine Dietrick 'EXHID. EXHIBIT 1 TRACT 2990 SUBDIVISION AGREEMENT The Subdivider has deposited a Mitigation Planting Replacement and Maintenance guarantee in the amount of $10,000 to cover the cost of replanting and caring for 65 five - gallon buckeyes and a few toyons. This amount includes soil amendments and gopher protection, plus the labor cost of planting and caring for the plants for three years. Said guarantee will be released to the Subdivider at the end of the three -year maintenance period. 2. Water and sewer impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 3. Transportation impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 4. The subdivider shall comply with all requirements of Council Resolution 9935 (2007 Series) approving the tentative map. Amount Form Date Received Bonds and Guarantees: Total Faithful Performance $12,000 CD or Letter of Credit xxxx Labor& Materials (50% of total cost of improvements N/A Mitigation Planting Replacement And Maintenance $10,000 CD or Letter of Credit xxxx Fees: Map Check Fee $3,783 Check 3/21/08 Plan Check Fee $10,107 Check 5/30/08 Early Grading Inspection Fee Improvement Plan Inspection Total Inspection Fee $5,000 $30,428 $35,428 Check Check 6/2/08 6/23/09 Park In -Lieu Fee $46,719 Check 6/23/09 Open Space Bench Fee $5,000 Check 7/8/09 Affordable Housing In -Lieu Fee $250,240 xxxx xxxx Water Impact Fee To be paid with building permit Wastewater Impact Fee Transportation Impact Fee 'Inspection Fee calculated based on staff hours. 11 Y RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of San Luis Obispo Public Works/Development Review 919 Palm Street San Luis Obispo, CA 93401 -3249 .BIOLOGICAL OPEN SPACE EASEMENT AGREEMENT FOR LOT 1 OF SLO TRACT MAP 2990 This Biological Open Space Easement Agreement, is made and entered into this 15th day of September 2011, by and between LAWRENCE HOMES, LLC hereinafter called "Owner ", and the CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California, hereinafter called "City". WITNESSETH WHEREAS, Owner possesses certain property (the "Subject Property") situated within the City of San Luis Obispo, described as follows: Lot 1 of SLO Tract Map 2990 in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown in Book of Maps Pages to said County, and in the office of the County Recorder of WHEREAS, the Subject Property has certain natural biological resources, natural scenic beauty and existing openness of importance to the community, and WHEREAS, an offer of dedication of a biological open space easement was required pursuant to City Council Resolution 9935 (2007 Series) which authorized development of Tract Map 2990 of which the Subject Property is a part; and ,i too . I r WHEREAS, both Owner and City desire to preserve and conserve for the public benefit the biological diversity, natural scenic beauty and existing openness and other natural conditions on the Subject Property, and WHEREAS, the Owner has offered to dedicate this, biological open space easement to preserve the above described values by restricting Owner's use of and activities on the Subject Property through the imposition of a perpetual biological open space easement with the terms and conditions hereinafter set forth. NOW THEREFORE, in consideration of the above recitals, in compliance with Chapter 6.6 of Part 1 of Division 1 of title 5 of the Government Code of the State of California commencing with Section 51070, and in further consideration of the mutual promises, covenants and the conditions herein contained and the substantial public benefits to be derived therefrom, the parties agree as follows: Owner hereby grants to City a Biological Open Space Easement (the "Easement ") over a portion of the Subject Property as shown on SLO Tract Map 2990 (the "Easement Area "). Said grant of easement conveys to City an estate and interest in the Subject Property. The purpose of the easement is to protect said biological diversity, natural scenic beauty and existing openness and other natural conditions by voluntarily restricting the use of the Easement Area as hereinafter set forth. 2. The restrictions hereby imposed upon the use of the Easement Area by Owner and the acts which Owner shall refrain from doing upon the Easement Area are, and shall be, as follows: a. The Easement Area, exclusive of the deck areas, shall be completely fenced in to adequately protect the sensitive biological resources, particularly the 2 v 1 r u � Palmer spineflower and its habitat. Location and design of the fencing shall be approved by the City's Natural Resources Manager or his/her designee and the Community Development Department prior to installation. b. No other structures shall be placed or erected within the Biological Open Space Easement Area, exclusive of the deck areas, except as allowed or approved by the City's Natural Resources Manager or his/her designee. C. Owner shall not plant or permit to be planted any vegetation within the Biological Open Space Easement Area, except as otherwise allowed or approved by the City's Natural Resources Manager or his/her designee. d. Owner shall not remove or permit to be removed any vegetation within the Biological Open Space Easement Area, except as reasonably necessary for fire protection, hazard abatement, or replacement or removed of dead vegetation, or as otherwise allowed or approved by the City's Natural Resources Manager or his/her designee. e. The general topography of the Biological Open Space Easement Area shall be preserved in its natural condition except as otherwise allowed or approved by the City's Natural Resources Manager or his/her designee. 3. This Easement shall remain in effect in perpetuity. 4. This grant may not be abandoned by the City except pursuant to all of the provisions of Section 51093 of the Government Code of the State of California. 3 1 i 5. This grant of biological open space easement, as. specified in Section 51096 of the Government Code of the State of California, upon execution and acceptance . in accordance with Chapter 6.6 of Part 1 of Division 1 of Title 5 of the Government Code of the State of California commencing with Section 51070, shall be deemed an enforceable restriction within the meaning of Article XIII, Section 8 of the Constitution of the State of California. 6. Land uses permitted or reserved to the Owner by this grant shall be subject to the ordinances of the City regulating the use of land. 7. The City shall have the right of access to remove any drainage obstructions as needed to provide for the conveyance of creek flows, subject to the review and approval of other agencies with regulatory control over work done in the riparian corridor, specifically the State Department of Fish and Game and the U. S. Army Corps of Engineers. 8. The terms and conditions contained herein shall be binding on the parties hereto and their heirs, successors and assigns. IN WITNESS WHEREOF, the parties hereto have executed this document on the day and year first written above. OWNER / GRANTOR Lawrence Drive, LLC By: r�zl� Randy onto, Agent ALL SIGNATURES MUST BE NOTORIZED. 4 tall FORM OF ACKNOWLEDGMENT State of California County of San Luis Obispo OtlySepte ber 7,011 before e, Wendi Jean Rogan, Notary Public, personally appeared, who proved to me on the basis of satisfactory evidence to b& the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Com t"Wo O 1935629 Signature (Seal) Notary PabtiC - Calitomta San Lute, Obispo C04Mtt Comm. res Ma B. 2015 \ it CITY OF SAN LUIS OBISPO Im Jan Marx, Mayor ATTEST: CITY CLERK Elaina Cano APPROVED AS TO FORM: CITY ATTORNEY Christine Dietrick 4` La i RESOLUTION NO. 10303 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A $30,000 AFFORDABLE HOUSING FUND AWARD FOR THE SAN LUIS OBISPO (SLO) COUNTY HOUSING TRUST FUND 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 October 4, 2011 for the purpose of considering a request by the SLO County Housing Trust Fund for Affordable Housing Fund (AHF) assistance in the amount of $30,000; and WHEREAS, the projects and programs supported by the SLO County Housing Trust Fund meet the eligibility criteria established by the City Council; and WHEREAS, Housing Element Program 6.13 provides direction for the City to "continue to support the SLO County Housing Trust Fund's efforts to provide below - market financing and technical assistance to affordable housing developers as a way to increase affordable housing production in 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 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 award: 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: Although the proposal does not create any units on its own, the HTF improves the City's ability to facilitate affordable housing, provides technical assistance to City staff and developers of affordable housing in the City, and HTF advocates for affordable housing projects, consistent with City policy. The proposed award is consistent with City General Plan policy (Housing Element Program 2.13 and 6.13) and past practice. 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, 259 units in the low income (51 -80% of AMI) category and 295 in the moderate income (81 -120% of AMI) category. The HTF MKINION Resolution No. 10303 (2011 Series) o Page 2 contributes to affordable housing at all of these income ranges and will assist the City in meeting State housing targets. 3. Suitability: The project to be assisted is appropriate for its location both in terms of land use and design, as follows: This criteria would be evaluated for any future HTF affordable housing projects in the City that also receive an AHF grant. 4. Timing: The project would better serve the City's needs if it were built immediately as opposed to later, as follows: Funding should be provided now so that the HTF has adequate funds to cover operating expenditures during the 2011 fiscal year. 5. Financial Effectiveness: But for the requested funding, the project would not be economically feasible; or AHF funding "leverages" significant additional funding from other sources, as follows: The City's AHF award would leverage significant additional funding from other sources. The top twenty contributors to the HTF have provided over $4.4 million in operating support and equity for new loans since 2003. 6. Readiness: The project has all necessary City approvals and is ready to proceed, as follows: The HTF has been contributing to the cause of affordable housing in San Luis Obispo County since 2003 and the proposed AHF award will help the HTF fulfill their mission and is supported by the General Plan. SECTION 2. Affordable Hoi City Council does hereby approve an to support operations. -O County Housing Trust Fund. The Fund grant in the amount of $30,000 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 Resolution No. 10303 (201 eries) O Page 3 The foregoing resolution was adopted this 4t' day of October, 2011. ATTEST: Aa- . - �- Elaina Cano City Clerk APPROVED AS TO FORM: RESOLUTION NO. 10302 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE REMOVAL OF AN AFFORDABLE HOUSING DEED RESTRICTION FOR CITY -OWNED PROPERTY LOCATED AT 3591 SACRAMENTO DRIVE, #53 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 November 16, 2010, for the purpose of considering application GPC 110 -10, a proposal to sell three City-owned affordable housing properties; 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 October 4, 2011, for the purpose of considering the removal of an affordable housing deed restriction for City -owned property located at 3591 Sacramento Drive, #53; 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. Findings. Based upon all the evidence, the Council makes the following findings: 1. Removal of an affordable housing deed restriction for City -owned property is consistent with General Plan goals and policies related to affordable housing because proceeds from the sale will be used to support other affordable housing projects. 2. Sale of the property at market price would subsidize the development of an additional affordable housing unit at the low to extremely -low income categories providing a greater public benefit and more effective use of Affordable Housing Fund monies. 3. The project is exempt from environmental review under Class 12, Section 15312 (Surplus Government Property Sales), of the CEQA Guidelines. SECTION 2. Action. The City Council does hereby authorize the removal of the affordable housing deed restriction for City -owned property located at 3591 Sacramento Drive, #53. R 10302 Resolution No. 10302 (201 Series) Page 2 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 0' day of October 2011. ATTEST: Elaina Cano City Clerk o RESOLUTION NO. 10301 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXPENDITURE OF $100,000 FROM THE 2011 -12 STATE BUDGET TO CONTINUE FUNDING PUBLIC SAFETY PERSONNEL WHEREAS, the adoption of the 2011 -12 State budget includes continuation of AB 1913 which established the Supplemental Local Law Enforcement Fund; and WHEREAS, the City of San Luis Obispo has been allocated $100,000 from the 2011 -12 California State budget as granted under AB 1913; and WHEREAS, the funds may be used to provide front line municipal police services which are not already funded or are under- funded; and WHEREAS, a public hearing was held on September 20, 2011, to receive public input on the recommendations for the use of these funds. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo approves the expenditure of $100,000 as received from the 2011 -12 California State budget to assist in funding public safety personnel, and authorizes the Chief of Police to execute any grant related documents. Upon motion of Council Member Smith, 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 20`h day of September, 2011. ATTEST: Elaina Cano City Clerk APPROVED AS TO Stine Dietrickr City Attorney 1:9[11910'11 RESOLUTION NO. 10300 (2011 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE EXECUTION OF THE SERVICE AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND CAL POLY WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates SLO Transit; WHEREAS, the a public transit service receives a subsidy from the California Polytechnic State University, San Luis Obispo (referred hereinafter as Cal Poly) in accordance to the service agreement executed on July 1, 2006; WHEREAS, the City allows Cal Poly students, staff, and faculty with valid Cal Poly identification to board any bus operated by SLO Transit without paying a fare; WHEREAS, the 2006 service agreement expired on June 30, 2011 and WHEREAS, the existing scope extended the 2006 subsidy on a month to month basis to allow the City and Cal Poly to final the new service agreement; and WHEREAS, the City and Cal Poly desire to continue the program and have jointly developed a mutually acceptable solution. NOW THEREFORE, BE IT RESOLVED that the City Manager is authorized to execute the Agreement between the City and Cal Poly for the Cal Poly Subsidy Program, and approve any amendments during the term of the agreement. 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 10300 Resolution No. 10300 (2011 Series) Page 2 The foregoing resolution was adopted this 20t" day of September, 2011. aq%4'-X Ma or J Marx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: I Christine D City Attorney i Y RESOLUTION NO. 10299 (2011 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE RESULTS OF THE SPECIAL ALL MAILED BALLOT MUNICIPAL ELECTION HELD TUESDAY, AUGUST 30, 2011 WHEREAS, a Special All- Mailed Ballot Municipal Election was held in the City of San Luis Obispo on Tuesday, August 30, 2011, as required by State Law and the Charter of the City of San Luis Obispo; and WHEREAS, two ballot measures, Measure A -11 and Measure B -11, were submitted to the voters on Tuesday, August 30, 2011; and WHEREAS, the County Clerk Recorder/Elections Official canvassed the returns of the Special All- Mailed Ballot Municipal Election held on August 30, 2011, and has certified the results to this City Council, the results are received, attached and made a part hereof as "Exhibit A." NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that: SECTION 1. The whole number of votes cast in said election within the City of San Luis Obispo is reflected in the Canvass of All Votes Cast (Exhibit B). SECTION 2. That ballot Measure A -I l submitted to the voters was as follows: 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? 0 0 Resolution No. 10299 (2011 Series) Page 2 SECTION 3. That ballot Measure B -11 submitted to the voters was as follows: 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 4. The City Council does declare and determine: That as a result of the election, a majority of the voters voting on the measures relating to Resolution 10264 (2011 Series), and Resolution 10265 (2011 Series) did vote in favor of them, and that the measures were carried, and shall be deemed adopted and ratified. SECTION 5. The City Clerk shall enter on the records of the City Council of the City, a statement of the result of the election, showing: (1) The whole number of ballots cast in the City; (2) The measures voted upon; (3) The total number of votes for and against each measure. SECTION 6. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original resolutions. Upon motion of Council Member Carter, seconded by Council Member Carpenter and on the following vote: AYES: Council Members Carpenter, Cater and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None The foregoing resolution was adopted this 6th day of September 2011. Resolution No. 10299 (2011 Series) Page 3 ATTEST: Elaina Cano, CMC City Clerk APPROVED AS TO FORM: J. Christine Dietrick City Attorney c a"/-� May r Marx CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF SAN LUIS OBISPO MEASURE A -11 SPECIAL ELECTION AUGUST 30, 2011 HI LT "All I, JULIE L. RODEWALD, County Clerk- Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of San Luis Obispo on August 30, 2011, and that the Statement of Votes Cast, to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE A -11: Shall Section 1105 (Retirement) of the San Luis Obispo Charter, which authorizes the City Council to enter into a contract with the Board of Administration of the Public Employees' Retirement System (PERS), be amended to 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? 5, my hand and Official Seal, this 31St day of August, 2011 JUL 4 Tt2 .D, County Clerk- Recorder CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST CITY OF SAN LUIS OBISPO MEASURE B -11 SPECIAL ELECTION AUGUST 30, 2011 "All" I, JULIE L. RODEWALD, County Clerk- Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in the City of San Luis Obispo on August 30, 2011, and that the Statement of Votes Cast, to which this certificate is attached, shows the number of votes cast in said city for and against said measure, and that the totals shown for and against said measure in said city, and in each of the respective precincts therein, are full, true and correct. MEASURE B -11: Shall San Luis Obispo 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 ") be repealed in its 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? S, my hand and Official Seal, this 31St day of August, 2011 RODEWALD, County Clerk- Recorder ^mow co 00 0 B Q F N ^ �C/o/ f'LI C O � G vi w cCa a 0�"O -- r- F, 3 _U � W •� O ++ U Wtiw a o Vl U O o O Z h v c o ZOO > y � 9 FO> O F07> F> N � E � a -V v o C > E e F u m Q a > mum N tAuMIT "By' "! n m b.•.b rb h NP Nr b 00 b In Ob - r d00 Mb 00 w N Q - v P N Q w O O ;q v O r C ri N N N N N N M N N M N M M P a0 P 00 00 00 N 1p n OC vl O Vl h Q '+ b O O d b b P b N OG 00 b 00 r M h y N O M M 0 ?- h 00 h O y h r 0 0 0 0 o e O o 0 0 o O o 0 0 o O o o e a e o O e e le vi M O? O Q O N n Q 00 b M N b O O In w h M n M n C1 00? NM P M PM N ? 'O n00 M--� MN OM00? ln -bM 00 P b N v1 vi 00 n r �p b M 00 00 h P d N. 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Q F- w L zo7> >v F o> F F7]> v - > F > v E FU mo a> 3 0 E o F UU m r d O a> 0 rn b 0 M, N M Q N 0 F 0 m 0 M N N EXHIBIT H U N 4 N N CCS f� a oa L N N N z oa ooI ;z �o }- o�b rN rn r �w �w nvMrrn Ct cz O t•1 W fV M U r r r � O w — U u a aaz F w L zo7> >v F o> F F7]> v - > F > v E FU mo a> 3 0 E o F UU m r d O a> 0 rn b 0 M, N M Q N 0 F 0 m 0 M N N EXHIBIT H N N N N N N N N N N z oa ooI � rn r o.a nvMrrn Ct t7 O t•1 W fV M r r r r r r r w L zo7> >v F o> F F7]> v - > F > v E FU mo a> 3 0 E o F UU m r d O a> 0 rn b 0 M, N M Q N 0 F 0 m 0 M N N EXHIBIT H - EXHIBIT 66H„ M N M 0 00 7 to � E Q F rn N U o`. l o 0 0 0 0 0 0 0 0 0 oobrnnnonnroo noornr�n 000fn— orbM�nbn oen nn - NMNacnbrnvonmv v,va000 n�nn ^nrn —M oMn MM O�oo 00 ��//�� b ry ^n �nNnRObNrJ\ N rOMb —bO OO OO O `o .o oo` 10 1.O 0 N oN` oN .o 0e ` oa` 'n oo ` or o cz O n ^ M n O r O.o � vi R C,1 N O �n h v�0 O— b vi b a0 �D O 00 b O O b b b b b V1 N N r,; oo�bnbn�onbnnrrrrnbonnbrbbrnr � (, _ orn nn � � ^• � 00 y b r 0 0 b O� -+ �n O N O O� ^ C V O n r� 01 N r vi M '? 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EXHMIT ^Cnw 00 0 M N C W 7 :3 E a M M C� �M U M M QOM �M M M vt �D 00 �O M r r �c r ri oo r Q^ QVl N N h N v1 N N r N N + N vl O W CZ U ✓� , ` NN M� N �O N v rr rrrrr w 0J �[U Ewa z`oa> 0- +�+ •� � oo ao,oro a o FI> (n r' F 00 00 vi 0\ N N W 10 U n 4� �O OO r N 00h v NCO rp r > Q •O xm V ?-N+� W v a� C ww 00 r ao vi v, �n E 'o FU M M P b N M M N N p N M^ N CO O O RESOLUTION NO: 10298 (2011 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE CALIFORNIA RIVER PARKWAYS GRANT PROGRAM UNDER THE SAFE DRINKING WATER, WATER QUALITY AND SUPPLY, FLOOD CONTROL, RIVER AND COASTAL PROTECTION ACT OF 2006 (Proposition 84) WHEREAS, the Legislature and Governor of the State of California have provided Funds for the program shown above; and WHEREAS, the California Natural Resources Agency has been delegated the responsibility for the administration of this grant program, establishing necessary procedures; and WHEREAS, said procedures established by the State Resources Agency require a resolution certifying the approval of application(s) by the Applicant's governing board before submission of said application(s) to the State; and WHEREAS, the City of San Luis Obispo desires to apply for the River Parkways Grant Program for a project to extend a bicycle and pedestrian trail along a natural creek in the City and improved the riparian habitat there; and WHEREAS, the City, if selected, will enter into an agreement with the State of California to carry out the Project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Approves the filing of an application for the project known as Bob Jones Trail Prefumo Creek Extension Project; 2. Certifies that the City understands the assurances and certification in the application; and 3. Certifies that the City will have sufficient funds to operate and maintain the Project(s) consistent with the land tenure requirements, or will secure the resources to do so; and 4. Certifies that it will comply with all provisions of Section 1771.8 of the State Labor Code; and 5. Certifies that the Project will comply with any laws and regulations including, but not limited to, the California Environmental Quality Act (CEQA), legal requirements for building codes, health and safety codes, disabled access laws, and, that prior to commencement of construction, all applicable permits will have been obtained; and R 10298 Resolution No. 10298 (2011 Series) Page 2 6. Certifies that the City will work towards the State Planning Priorities intended to promote equity, strengthen the economy, protect the environment, and promote public health and safety as included in Government Code Section 65041.1; and 7. Designates the City Manager, or designee, to act as agent to conduct all negotiations, execute and submit all documents including, but not limited to applications, agreements, payment requests and so on, which may be necessary for the completion of the aforementioned proj ect. 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 6th day of September 2011. M or an Marx 091WIN Elaina Cano City Clerk TO J. Sit41istine Dietrick ity Attorney C` RESOLUTION NO. 10297 (2011 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS PREFUMO CREEK RIPARIAN CORRIDOR ENHANCEMENTS WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter 106 of the Statutes of 1989), which is intended to provide $10 million annually for a period of 10 years for grant funds to local, state, and federal agencies and nonprofit entities for projects to enhance and mitigate the environmental impacts of modified or new public transportation facilities; and WHEREAS, the Natural Resources Agency has established the procedures and criteria for reviewing grant proposals and is required to submit to the California Transportation Commission a list of recommended projects from which the grant recipients will be selected; and WHEREAS, said procedures and criteria established by the Natural Resources Agency require a resolution certifying the approval of application by the applicant's governing body before submission of said application to the State; and WHEREAS, the application contains assurances that the Applicant must comply with; and WHEREAS, the City of San Luis Obispo desires to apply for funding from this grant program for a project to enhance the natural characteristics of Prefumo Creek within the City of San Luis Obispo; and WHEREAS, the City of San Luis Obispo, if selected, will enter into an agreement with the State of California to carry out the environmental enhancement and mitigation project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Approves the filing of an application for the Environmental Enhancement and Mitigation Program for grant assistance; and 2. Certifies that the City of San Luis Obispo will make adequate provisions for operation and maintenance of the project; and 3. Appoints the City Manager to act as agent of the City of San Luis Obispo to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the aforementioned project. R 10297 Resolution No. 10297 (2011 Series) Page 2 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 6th day of September, 2011. ATTEST: J lain Cano City Clerk APPROVED AS TO FORM: J. C s ine Dietrick ity Attorney 1 n RESOLUTION NO. 10296 (2011 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE APPLICATION FOR GRANT FUNDS FROM THE HABITAT CONSERVATION FUND PROGRAM WHEREAS, the People of the State of California have enacted the California Wildlife Protection Act of 1990, which provides funds to the State of California for grants to local agencies to acquire and/or develop facilities for public recreational and fish and wildlife habitat protection purposes; and WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the Habitat Conservation Fund (HCF) program, setting up necessary procedures governing project application under said program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s) before submission of said application(s) to the State; and WHEREAS, the City of San Luis Obispo desires to apply for this grant program to support the restoration of natural vegetation and habitat on Froom Creek, in the City of San Luis Obispo's Irish Hills Natural Reserve; and WHEREAS, the applicant will enter into an agreement with the State of California for acquisition or development of the project. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby: 1. Approves the filing of an application for the Habitat Conservation Fund Grant Program; and 2. Certifies that the City of San Luis Obispo has or will have available prior to commencement of any work on the project included in this application, the required match and will have sufficient funds to operate and maintain the project; and 3. Certifies that the City of San Luis Obispo has or will have sufficient funds to operate and maintain the project(s); and 4. Certifies that the City of San Luis Obispo has reviewed, understands, and agrees to the provisions contained in the contract shown in the grant administration guide; and 5. Delegates the authority to the City Manager to conduct all negotiations, execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the project. I9=0100 Resolution No. 10296 (2011 Series) Page 2 6. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations and guidelines. 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 6`h day of September 2011. ATTEST: Elaina Cano City Clerk APPROVED AS TO J. Christine Dietrick City Attorney Resolution No. 10296 (2011 Series) Page 2 6. Agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations and guidelines. 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 16'h day of September, 2011. ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: z I 6a'4 J. Ch tine Dietrick Attorney RESOLUTION NO. 10295 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO DECLARING THE CITY'S INTENT TO APPROVE A FRANCHISE ORDINANCE, SUPERSEDING ORDINANCE 13917 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 ( CONOCOPHILLIPS), A DELAWARE CORPORATION, AND SETTING A PUBLIC HEARING FOR OCTOBER 4, 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 that expired 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 free 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. 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. R 10295 Resolution No. 10295 (2011 Series) Page 2 NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that it approves an Amended Agreement 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 October 4, 2011, at 7:00 PM in the Council Chambers of City Hall, located at 990 Palm Street, San Luis Obispo, CA. 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 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 6th day of September 2011. yoi Jan Marx ATTEST: Elaina Cano City Clerk APPROVED: AS TO RM:. i J istine Dietnck City Attorney 0 Resolution No. 10294 (2011 Series) NOT ASSIGNED - INADVERTENTLY MIS - NUMBERED - THERE IS NO RESOLUTION ATTACHED TO THIS NUMBER. RESOLUTION NO. 10293 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO SETTING PRIORITIES FOR FILING WRITTEN ARGUMENTS REGARDING A CITY MEASURE AND ACKNOWLEDGING THAT THE LOCAL AREA FORMATION COMMISSION ( LAFCO) EXECUTIVE DIRECTOR WILL PREPARE THE IMPARTIAL ANALYSIS WHEREAS, a special municipal election is to be held in the City of San Luis Obispo on November 15, 2011, at which time there will be submitted to the voters in the Orcutt Annexation area the following measure: Shall the Orcutt Area Annexation to the City of San YES Luis Obispo ordered on April 21, 2011, by the San Luis Obispo Local Agency Formation Commission be confirmed subject to the terms and conditions specified in the approval? NO NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That pursuant to Government Code Section 57145 of the State of California, that any individual voter or association of citizens entitled to vote on the change of organization or reorganization, or any combination of those voters and association of citizens, may file a written argument for or a written argument against, the question to be submitted to the voters and to change the argument until and including the date fixed by the City Clerk after which no arguments for or against the measures may be submitted to the City Clerk. SECTION 2. All arguments shall be filed with the City Clerk, signed with the printed name(s) and signature(s) of the author(s) submitting it, or if submitted on behalf of an association, the name of the association, and the printed name and signature of at least one of its principal officers who is the author of the argument. SECTION 3. That the City Council acknowledges the LAFCO Executive Director who shall within five days after the special election is called, submit to the Commission, for its approval or modification, an impartial analysis of the proposed change of organization. The impartial analysis shall not exceed 500 words in length in addition to a general description of the boundaries of the territory affected. The impartial analysis shall be filed by the date set by the City Clerk no later than the last day for submission of rebuttal arguments. R 10293 O, O Resolution No. 10293 (2011 Series) Page 2 Upon motion of Council Member Carpenter seconded by Council Member Carter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith and Vice Mayor Ashbaugh NOES: None ABSENT: None RECUSED: Mayor Marx The foregoing resolution was adopted this 16th day of August 2011. 1"L May 6r r arx ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: I J C 'st ine Dietrick Attorney 0 RESOLUTION NO. 10292 (2011 Series) A RESOLUTION OF THE. CITY OF SAN LUIS OBISPO ORDERING THE SUBMISSION TO THE VOTERS OF THE AFFECTED TERRITORY IN THE PROPOSED ORCUTT ANNEXATION AREA A MEASURE AT AN ALL MAILED BALLOT SPECIAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 15,'2011? AS CALLED BY RESOLUTION NO. 10291 (2011 SERIES) WHEREAS, a Special All Mailed Ballot Municipal Election has been called on Tuesday, August 16, 2011, by Resolution No. 10291 (2011 series); and WHEREAS, the City of San Luis Obispo approved a Resolution of Application on September 21, 2010, regarding the Orcutt Area Annexation No. 79; and WHEREAS, on April 21, 2011, the Local Agency Formation Commission ( "Commission ") held a public hearing and approved said annexation; and WHEREAS, pursuant to Government Code Section 57000(c), the Commission held a Conducting Authority Hearing (Protest Hearing) on June 16 and July 18, 2011; and WHEREAS, based on the written protests submitted by the registered voters in the area, a vote of the registered voters within the annexation area is required. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: SECTION 1: That the City Council, pursuant to its right and authority, does order submitted to the voters in the Orcutt Annexation Area at the All Mailed Ballot Special Municipal Election to be held on Tuesday, November 15, 2011, the following question: Shall the Orcutt Area Annexation to the City of San Luis Obispo ordered on April 21, 2011, by Yes the San Luis Obispo Local Agency Formation Commission be confirmed subject to the terms and conditions specified in the approval? No SECTION 2. That pursuant to Government Code Section 57145 of the State of California, that any individual voter or association of citizens entitled to vote on the change of organization or reorganization, or any combination of those voters and association of citizens, may file a written argument for or a written argument against, the question to be submitted to the voters 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. R 10292 Resolution No. 10292 (2011 Series) Page 2 SECTION 3. Within five days after the special election is called, the Executive Officer of the Local Agency Formation Commission shall submit to the Commission, for its approval and/or modification, an impartial analysis of the proposed change of organization. The impartial analysis shall be filed by the date set by the City Clerk for the filing of primary arguments. SECTION 4. That in all particulars not recited in this Resolution or Ordinance 1559 (2011 Series), the election shall be held and conducted as provided by law for holding municipal elections relating to annexation. SECTION 5. 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 6. That the City Clerk shall certify to the passage and adoption of this resolution. SECTION 7. That the City Clerk is hereby directed to file a certified copy of this resolution with the San Luis Obispo Clerk - Recorder. Upon motion of Council Member Carpenter, seconded by Council Member Carter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith and Vice Mayor Ashbaugh NOES: None ABSENT: None RECUSED: Mayor Marx The foregoing resolution was adopted this 16th day of August 2011. r1L G Mayor Jan 1 t ATTEST: laina Cano City Clerk APPROVED AS TO FORM: J. stine Dietrick Attorney RESOLUTION NO. 10291 (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, NOVEMBER 15, 2011, AND REQUESTING ELECTION SERVICES FROM THE SAN LUIS OBISPO COUNTY ELECTIONS DIVISION WHEREAS, notice is hereby given that a special all mailed ballot municipal election will be held in the affected territory of the Orcutt Area on Tuesday, November 15, 2011, to consider a question of annexation; 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 affected territory of the Orcutt Area, County of San Luis Obispo, California, on Tuesday, November 15, 2011, a special municipal election conducted by all -mail ballot. SECTION 2. Permit the County Elections Official to render specified services to the City of San Luis Obispo relating to the conduct of an all mailed ballot special election on Tuesday, November 15, 2011, and said Elections Official 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 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) and the Cortese -Knox- Hertzberg Act. 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. SECTION 5. That the City Clerk is hereby directed to file certified copies of this resolution with the Elections Official of the County of San Luis Obispo. R 10291 Resolution No. 10291 (2011 Series) Page 2 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 Carpenter, seconded by Council Member Carter, and on the following vote: AYES: Council Members Carpenter, Carter and Smith and Vice Mayor Ashbaugh NOES: None ABSENT: None RECUSED: Mayor Marx The foregoing resolution was adopted this 16th day of August 2011. Ma r J arx ATTEST: Elaina Cano, CMC City Clerk APPROVED AS TO FORM: I J. C tine Dietrick ty Attorney RESOLUTION NO. 10290 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE ISSUANCE OF BONDS BY THE CALIFORNIA MUNICIPAL FINANCE AUTHORITY FOR THE PURPOSE OF FINANCING OR REFINANCING A HOUSING DEVELOPMENT FOR UNIVERSITY MINISTRY BOARD OF THE SANTA BARBARA AND CERTAIN OTHER MATTERS RELATING THERETO WHEREAS, pursuant Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Act "), certain public agencies (the "Members ") have entered into a Joint Exercise of Powers Agreement, effective on January 1, 2004 (the "Agreement ") in order to form the California Municipal Finance Authority (the "Authority "), for the purpose of promoting economic, cultural and community development, and in order to exercise any powers common to the Members, including the issuance of bonds, notes or other evidences of indebtedness; and WHEREAS, the City of San Luis Obispo (the "City"), had determined that it was in the public interest and for the public benefit that the City become a Member of the Authority in order to facilitate the promotion of economic, cultural and community development activities in the City, including the financing of projects therefor by the Authority; and WHEREAS, the California Municipal Finance Authority (the "Authority") is authorized to issue and sell revenue bonds for the purpose, among others, of financing or refinancing the construction of capital projects; and WHEREAS, the University Ministry Board of the Santa Barbara Presbytery, a California nonprofit religious corporation (the "Borrower ") has requested that the Authority issue and sell revenue bonds in the maximum principal amount of $4,000,000 (the "Bonds ") for the purpose of making a loan to the Borrower, to enable the Borrower to finance or refinance the costs of refinancing a campus ministry and student housing development at California Polytechnic State University located at 1468 E. Foothill Blvd. San Luis Obispo, California (the "Project "); and WHEREAS, in order for the interest on the Bonds to be tax- exempt, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code "), requires that an "applicable elected representative" with respect to the Authority hold a public hearing on the issuance of Bonds and approve the issuance of the Bonds following such hearing; and WHEREAS, the Authority has determined that the Council is an "applicable elected representative" for purposes of holding such hearing; and WHEREAS, notice of such public hearing has been duly given as required by the Code, and the Council has heretofore held such public hearing at which all interested persons were given an opportunity to be heard on all matters relative to the financing or refinancing of the Project and the Authority's issuance of the Bonds therefor; and WHEREAS, it is in the public interest and for the public benefit that the Council approve the issuance of the Bonds by the Authority for the aforesaid purposes. R 10290 Resolution No. 10290 (2011 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby approves the issuance of the Bonds by the Authority for the purpose of providing funds to make a loan to the Borrower to enable the Borrower to finance or refinance the Project. SECTION 2. The issuance of the Bonds shall be subject to the approval of the Authority of all financing documents relating thereto to which the Authority is a party. The City shall have no responsibility or liability whatsoever with respect to the Bonds. SECTION 3. The adoption of this Resolution shall not obligate the City or any department thereof to (i) provide any financing to acquire or construct the Project or any refinancing of the Project; (ii) approve any application or request for or take any other action in connection with any planning approval, permit or other action necessary for the acquisition, rehabilitation or operation of the Project; (iii) make any contribution or advance any funds whatsoever to the Authority; or (iv) take any further action with respect to the Authority or its membership therein. SECTION 4. The Mayor, the Clerk and all other proper officers and officials of the City are hereby authorized and directed to execute such other agreements, documents and certificates, and to perform such other acts and deeds, as may be necessary or convenient to effect the purposes of this Resolution and the transactions herein authorized. SECTION 5. The Clerk shall forward a certified copy of this to the Authority in care of its counsel: Harriet M. Welch, Esq. Squire, Sanders & Dempsey LLP. 555 South Flower St., Suite 3100 Los Angeles, CA 90071 -2300 SECTION 6. This resolution shall take effect immediately upon its passage. 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. 10290 (2011 Series) Page 3 The foregoing resolution was adopted this 16`" day of August 2011. r L Mayor J arx ATTEST: 2-0� laina Cano City Clerk APPROVED AS TO FORM: 1 (ifty ."ine Dietrick Attorney �0 0 RESOLUTION NO. 10289 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING THE CONSERVATION PLAN UPDATE FOR IRISH HILLS NATURAL RESERVE WHEREAS, the City of San Luis Obispo has adopted policies for protection, management, and public use of open space lands acquired by the City; and WHEREAS, the City of San Luis Obispo manages eleven open space areas totaling approximately 3,000 acres, including the 1,090 acre Irish Hills Natural Reserve; and WHEREAS, the Planning Commission, Parks and Recreation Commission, and the general public have commented upon an Update to the existing Conservation Plan for Irish Hills Natural Reserve as it has moved through a Council- directed approval process, and the Update 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 Irish Hills Natural Reserve Conservation Plan Update, 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. Construction of new trails and realignment of existing trails shall utilize standard, accepted Best Management Practices (BMPs) in order to minimize and contain potential losses of soil to erosion and discharge into waterways. Monitoring Program: All trail construction shall take place under the direction of City Natural Resources or Ranger Service staff, who will monitor compliance with this mitigation requirement. b. Site - specific and season - specific surveys shall determine the presence or absence of southern steelhead, California red - legged frog, San Luis Obispo mariposa lily, or Chorro Creek bog thistle on or near potential routes of trail realignments or new trail construction. Modification such as rerouting, changing the time of construction, or other appropriate mitigations shall be followed in the event of observations of the above species on or near such alignments in order to avoid impacts. Protocols will be established for trail workers regarding proper response in the event of discovery of such species during the course of construction activities. Monitoring Program: Pre - construction surveys and actual trail construction shall take place under the direction of City Natural Resources or Ranger Service staff, who will monitor compliance with this mitigation requirement. R 10289 Resolution No. 10289 (2011 Series) Page 2 c. Trail workers shall be provided with dusk masks and, to the extent feasible, access to water for dust control, in order to minimize potential exposure to naturally occurring asbestos (NOA) in trail construction. Timing of construction activities in conjunction with timing for avoidance of biological impacts will be coordinated in order to minimize construction during the summer and fall as a dust reduction mitigation measure. Monitoring Program: Trail construction shall take place under the direction of City Natural Resources or Ranger Service staff, who will monitor compliance with this mitigation requirement. 2. Conservation Plan Update. The City Council adopts the Irish Hills Natural Reserve Conservation Plan Update as City policy, based on the following findings: a. The Update 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 Update will provide proper protection and management of the natural resources of the Reserve and will provide an appropriate level of public access, while maintaining the great majority of the site in its natural condition. 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. 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 Resolution No. 10289 (2011 Seri es) Page 3 The foregoing resolution was adopted this 19`t' day of July 2011. L f Vice Mhvk John A ATTEST: /L � �. Elaina Cano City Clerk APPROVED AS TO C, I O RESOLUTION NO. 10288 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING AN APPLICATION IN THE AMOUNT OF $9739409 TO THE STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR BEGIN PROGRAM FUNDS TO PROVIDE DOWN PAYMENT ASSISTANCE TO FIRST TIME HOMEBUYERS IN HASLO'S MOYLAN TERRACE PROJECT WHEREAS, the City of San Luis Obispo, a charter city and political subdivision of the State of California, wishes to apply for and receive an allocation of funds through the BEGIN Program; and WHEREAS, the California Department of Housing and Community Development (hereinafter referred to as "HCD ") has issued a Notice of Funding Availability ( "NOFA ") for the BEGIN Program established by Chapter 14.5, Sections 50860 through 50866 of Part 2 of Division 31 of the Health and Safety Code .(the "statute "). Pursuant to the statute, HCD is authorized to approve funding allocation utilizing monies made available by the State legislature to the BEGIN program, subject to the terms and conditions of the BEGIN Program Guidelines adopted as amended by HCD on April, 21, 2009; and WHEREAS, the City of San Luis Obispo wishes to submit an application to obtain from HCD an allocation of BEGIN Program funds in the amount of $973,409; and WHEREAS, at the time of application, the City of San Luis Obispo has a General Plan Housing Element that is certified by HCD. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Application. The City of San Luis Obispo shall submit to HCD an application to participate in the BEGIN Program in response to the NOFA issued on July 8, 2011, which will request a funding allocation for down payment assistance to first -time homebuyers, consistent with BEGIN Program Guidelines, for 28 units in the Moylan Terrace Project, including 14 low income, 6 moderate income and 8 at market rate, for a total of $973,409, as follows: Unit Size Income Group Purchase Price Down Payment BEGIN Assisted Total Assistance 1 -BR Low $139,200 $13,920 8 $111,360 2 -BR Low $156,600 $15,660 4 $62,640 3 -BR Low $180,975 $18,098 2 $36,195 2 -BR Moderate $274,050 $27,405 3 $82,215 3 -BR Moderate $316,663 $31,666 3 $94,999 2 -BR Market $335,000 $67,000 3 $201,000 3 -BR Market $385,000 $77,000 5 $385,000 Total 28 $973,409 n Resolution No 10288 (2011 Series) Page 2 SECTION 2. Eligible Activities. If the application for funding is approved, the City of San Luis Obispo hereby agrees to use the BEGIN Program funds for eligible activities in the manner presented in the application as approved by HCD and in accordance with program Guidelines as cited above. It also may execute any and all other instruments necessary or required by HCD for participation in the BEGIN Program. SECTION 3. Authorization. The City of San Luis Obispo authorizes the City Manager or the Assistant City Manager to execute in the name of the City of San Luis Obispo, the application, the Standard Agreement, and all other documents required by HCD for participation in the BEGIN program, and any amendments thereto. 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 passed and adopted this 19`h day of July 2011. Vice 7yor John Ash ATTEST: aEl ina Cano� City Clerk AS TO J. C Stine Dietrick JXy Attorney RESOLUTION NO. 10287 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF A CONSERVATION EASEMENT ON REAL PROPERTY WHEREAS, the Pearce - Madonna Partnership ("Grantor ") is the owner in fee simple of certain real property in San Luis Obispo County, California, outside of but adjacent to the City of San Luis Obispo, described as Assessor's Parcel Number 067 - 061 -054 and commonly referred to as the Boysen Ranch (the "Property"); and WHEREAS, the Property possesses natural resource values including wildlife and plant resources, and scenic open space values (the "Conservation Values ") of great importance to Grantor, the people of the City of San Luis Obispo, and the people of the State of California; and WHEREAS, due to the Property's topography it is particularly valuable as a site on which to conduct wetland mitigation and enhancement projects; and WHEREAS, Grantor intends that the conservation values of the Property be preserved and maintained by the continuation of currently existing land use patterns; and WHEREAS, Grantor further intends, as owner of the Property, to convey to the City of San Luis Obispo the right to preserve and protect the conservation values of the Property in perpetuity; and WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the State of California that is authorized by law to accept Conservation Easements; and WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby: 1. Authorizes acceptance of the offer of donation of a Conservation Easement for a portion of Assessor's Parcel Number 067 - 061 -054, subject to non - substantive changes approved by the City Attorney, and as may be required by the U.S. Army Corps of Engineers. 2. Authorizes and directs the Mayor to accept said Conservation Easement on behalf of the City of San Luis Obispo. R 10287 Resolution No. 10287 (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 19`h day of July 2011. (f& Wx�-- Vice Wyor John As b ATTEST: J Elaina Cano City Clerk RESOLUTION NO 10286 (2011 Series) J RESOLUTION OF THE CITY OF SAN LUIS OBISPO AFFIRMING APPROVAL OF THE APPLICATION FOR STATEWIDE PARK PROGRAM GRANT FUNDS WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility by the Legislature of the State of California for the administration of the Statewide Park Program, setting up necessary procedures governing the Application; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the applicant to certify by resolution the approval of application(s); and WHEREAS, upon award of grant the applicant will enter into a contract with the State of California to complete the grant scope project. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby: Approves the filing of an application for the Santa Rosa Park Skate Park and: 1. Certifies that said applicant has or will have available, prior to commencement of any work on the project included in this application, the sufficient funds to complete the project; and 2. Certifies that the applicant has or will have sufficient funds to operate and maintain the project(s); and 3. Certifies that the applicant has reviewed, understands, and agrees to the General Provisions contained in the contract shown in the Grant Administration Guide; and 4. Delegates the authority to the City Manager to conduct all negotiations, sign and submit all documents, including; but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the grant scope; and 5. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines. 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 R 10286 Resolution No. 10286 (2011 Series) U Page 2 The foregoing resolution was adopted this 19th day of July 2011. ATTEST: laina Cano City Clerk APPROVED AS TO Attorney `J RESOLUTION NO. 10285 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE GRANT SUBMISSION AND AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH CALTRANS ON BEHALF OF THE CITY FOR THE COMMUNITY BASED TRANSPORTATION PLANNING GRANT TITLED MULTI - JURISDICTIONAL CORRIDOR PLANNING FOR THE SOUTHERN ENTRANCE TO SAN LUIS OBISPO WHEREAS, the City Council has adopted a Bicycle Transportation Plan that complies with the content requirements of Section 891.2 of the California Streets and Highways Code; and WHEREAS, San Luis Obispo's Bicycle Transportation Plan ranks the Bob Jones City -to- Sea Trail and Railroad Safety Trail as the highest priority bikeway projects in the City; and WHEREAS, the San Luis Obispo Bicycle Advisory Committee (BAC) has recommended that the City Council prioritize corridor planning for the southern entrance to the City (also known as the Bob Jones Trail: Octagon Barn Connection); and WHEREAS, the San Luis Obispo City Council approved the Bob Jones Trail: Octagon Barn Connection project as part of its 2011 -13 Financial Plan; and WHEREAS, the City Council finds that the planning and implementation of this project will improve bicycle commuting in San Luis Obispo and the region, consistent with the community's General Plan Circulation Element and Bicycle Transportation Plan. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Council approves the Caltrans grant submission and authorizes the City Manager to enter into any subsequent agreements or contracts with that agency for multi jurisdictional corridor planning for the southern entrance to San Luis Obispo. 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 R 10285 a Resolution No. 10285 (2011 Series) Page 2 The foregoing resolution was adopted this 19th day of July 2011. ATTEST: Elaina Cano City Clerk APPROVED AS TO J.yCi�tfne Dietrick C' Attorney o , RESOLUTION NO. 10284 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ESTABLISHING THE AMOUNT FOR RESIDENTIAL PARKING PERMITS ISSUED ANNUALLY AT $10 WHEREAS, the parking program needs to continue to be self - sufficient for its financial commitments with the residential parking permit fee not exceeding the cost of issuance, inspection, and enforcement; and WHEREAS, the Council has considered parking revenue enhancements which included charging for residential parking permits on April 5, 2011 and directed staff to return with an enabling ordinance; and WHEREAS, the Council considered the staff report and considered charging for residential permits at a public hearing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Upon final adoption of the enabling ordinance, fees for residential parking permits issued annually shall be established and initially set at $10.00 each. Upon motion of Council Member Carter, seconded by Council Member Smith, and on the following vote: AYES: Council Members Carter and Smith, Vice Mayor Ashbaugh NOES: Council Member Carpenter ABSENT: None RECUSED Mayor Marx The foregoing resolution was adopted this 5th day of July 2011. ATTEST: Elaina Cano City Clerk M6 lw'� T O F (J. 99stine Dietrick 'eity Attorney rl-�Y� May r Marx R 10284 RESOLUTION NO. 10283 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING A CONDOMINIUM CONVERSION FOR TWENTY -THREE SENIOR APARTMENTS, WITH AN EXCEPTION TO PROPERTY IMPROVEMENT STANDARDS FOR PRIVATE OPEN SPACE, AT THE OAKS SENIOR HOUSING FACILITY LOCATED AT 61 BROAD STREET (CON 22 -11) WHEREAS, the 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 July 5, 2011, to consider Application No. CON 22 -11, a request to convert 23 senior apartment units into condominiums at The Oaks senior housing facility located at 61 Broad Street; and WHEREAS, notices of said public hearing were made at the time and in the manner required by law; and WHEREAS, the conversion of existing residential apartments to ownership condominiums is exempt from environmental review (CEQA); 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: The proposed condominium conversion is consistent with the General Plan because changing the apartments to condominiums will not impact available affordable housing since the project will provide "for- sale" senior living units with comparable affordability (market -rate) to existing senior apartments, and will provide one deed - restricted affordable unit consistent with the City's Inclusionary Housing Ordinance. 2. An exception to the condominium conversion property improvement standards for private open space is warranted because of the unique nature of the project (retirement community), and the fact that there is more than ample common open space and recreational facilities /programs provided on -site. 3. As stated in the applicant's property condition report, the property is in satisfactory condition and a report of any known defects will be made available to future property owners and kept on file at the City. 4. Based on a staff review of the application materials, a visit to the site and a review of City records, the property is in substantial compliance with the Zoning Code in terms of allowed use, density, parking, yard areas, building height, and all other applicable property development standards. R 10283 o Council Resolution No: 10283 (2011 Series) Page 2 5. The existing apartments, due to location, design, condition, and general conformance with property development standards are appropriate for conversion to individual ownership units and will result in a quality living environment for future property owners. 6. In light of the above findings, there exists adequate facts to support the findings required under sections 66473.5 and 66474 of the Government Code. 7. An equivalent number of new units comparable in affordability and amenities to those being converted are being created as part of the new project. 8. In accordance with the CEQA Guidelines Section 15301 (K) the conversion of multifamily residences into condominiums is categorically exempt from environmental review. SECTION 2. Action. The City Council does hereby approve conversion of 23 senior apartment units into individual ownership condominiums, with an exception to the property improvement standards for private open space, at The Oaks senior housing facility located at 61 Broad Street in accordance with Municipal Code 16.17, subject to the following conditions: 1. A minimum of one unit, of average size and quality, shall be deed - restricted to affordable income levels for a minimum of 45 years, consistent with the City's Inclusionary Housing Ordinance. The unit shall be deed - restricted upon recordation of the final condominium map prior to sale of the property. 2. An affordability agreement between the City of San Luis Obispo and the property owner shall be prepared, signed, notarized and recorded. Contact the City's Housing Programs Manager to establish the level of affordability and for preparation and processing of the affordability agreement. 3. A tenant's rent shall not be increased from the time this application was received to 180 days following Council approval of the tentative tract map. 4. The applicant shall apply for a tentative parcel map as defined by the Subdivision Map Act and in accordance with the City's Subdivision Regulations and Municipal Code Chapter 17.82 (Condominium Conversions). The tentative parcel map shall be subject to (but not limited to) the following conditions of approval: a. Each unit shall be supplied with individual meters for gas, water and electrical service. Location and type of metering shall be subject to review and approval of the City. b. Any building defects noted in the property condition report submitted to the City shall be repaired prior to approval of the final condominium map. c. Any improvements necessary to comply with the property improvement standards for condominium conversions (Chapter 16.017.070 A through I) shall be Council Resolution No. 10283 (2011 Series) Page 3 completed prior to approval of the final condominium map, unless excepted by the City Council. d. Conditions, Covenants and Restrictions (CC &Rs) are required, to the approval of the Community Development Director and the Public Works Director. The CC &Rs shall include a description and regulations pertaining to open space and all common areas. The responsibility for the maintenance of the common fire alarm system, fire sprinkler system and any other common systems shall be established in the CC &Rs. e. If pertinent, the tentative map shall reflect the location of all any overhead and underground utilities. f The subdivider shall submit a final map to the City for review, approval, and recordation. The map shall be prepared by, or under the supervision of a registered civil engineer or licensed land surveyor. The final map shall be prepared in accordance with the Subdivision Map Act and the Subdivision Regulations. g. Pursuant to Government Code Section 66474.9(b)(1), the subdivider shall defend, indemnify and hold harmless the City or its agents, officers and employees from any claim, action, or proceeding against the City or it agents, officers or employees to attack, set aside; void or annul an approval of the City, advisory agency, appeal board or legislative body concerning this subdivision. The City shall promptly notify the subdivider of any claim, action or proceeding and shall cooperate fully in the defense. 5. The applicant shall give each tenant a written notice of intent to convert after submittal of the tentative map, and at least one hundred eighty days before termination of tenancy due to conversion. The notice shall contain at least the following: a. Name and address of current owner; b. Name and address of proposed subdivider; c. Approximate date on which the unit is to be vacated by non- purchasing tenants (if applicable); d. Tenant's right to purchase; e. Statement of no rent increase; and statement of proposed sales prices and terms. 6. Each non - purchasing tenant not in default under the provisions of the rental agreement or lease shall have the right to remain not less than 180 days from the written notice of intent to convert. 7. The applicant shall give any present tenant a non - transferable right of first refusal to purchase the unit occupied. This right of first refusal shall extend at least 90 days from the date of issuance of the subdivision public report or commencement of sales, whichever date is later. The tenant's security deposit and last months rent shall be credited towards the purchase of the property. Council Resolution No. 10283--(2011 Series)� Page 4 8. Prospective tenants shall be given a written notice of intent to convert prior to leasing or renting. 9. Construction of required storage facilities shall be completed prior to recordation of a final map. Ventilation shall be provided for the storage rooms. 10. The dead end corridors in the storage rooms shall not be more than 20 feet in length. If the building is equipped with fire sprinklers the dead end corridors shall not be more than 50 feet in length. 11. A soils report is required for the proposed storage addition. 12. This project will require the preparation of water pollution control plan. 13. The registered design professional shall survey the site to determine disabled access compliance and prepare a document of unreasonable hardship in accordance with the provisions of the 2010 CBC I I34B. 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 5`h day of July 2011. ATTEST: �r-- Elaina Cano City Clerk APPROVED AS TO ai ine Dietrick Attorney RESOLUTION NO. 10282 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING THE REVISED INJURY AND ILLNESS PREVENTION PLAN WHEREAS, the Legislature of the State of California passed Senate Bill 198 which requires all employers to have a written Injury and Illness Prevention Program; and WHEREAS, the City of San Luis Obispo recognizes the need to provide its employees with a safe working environment; and WHEREAS, the City of San Luis Obispo also recognizes its responsibility to ensure that all its employees receive training in safe working practices; and WHEREAS, the City of San Luis Obispo by the adoption of Resolution No. 7072 (1992 Series) acknowledged its responsibility to comply with the requirements of Senate Bill 198; and WHEREAS, there is a need for the Injury and Illness Prevention Program to remain relevant, current, and in compliance with legal and administrative requirements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Revised Injury and Illness Prevention Program attached hereto (Exhibit A) is hereby adopted. SECTION 2. The City Council hereby authorizes the City Manager to approve any subsequent revisions to the Injury and Illness Prevention Program. 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 R 10282 Resolution No. 10282 (2011 Series) Page 2 The foregoing resolution was adopted this 5th day of July 2011. ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: cExhibit A City of San Luis Obispo INJURY AND ILLNESS PREVENTION PROGRAM (Revised 2011) Exhibit A TABLE OF CONTENTS 1.0 Employer Information: .......................................................................................................... 1 2.0 Scope: .................................................................................................................................. 1 3.0 Safety Program Responsibilities: ......................................................................................... 1 3.1 Employee Safety Responsibilities ........................................................ ..............................1 3.2 Supervisor's Safety Responsibilities ................................................... ............................... 2 3.3 Department Director and Senior Management Safety Responsibilities ............................. 2 3.4 Safety Program Administrator Responsibilities .................................. ............................... 3 3.5 Department Safety Committee Representative Responsibilities: ...................................... 4 4.0 Safety Program Communication: ......................................................................................... 4 4.1 Initial Training: ................................................................................................................... 4 4.2 Safety Meetings: ................................................................................................................ 4 4.3 Employee Suggestions and Reporting Health and Safety Concerns: ............................... 5 4.4 Written Communications: .................................................................................................. 5 5.0 Safety Program Compliance: ............................................................................................... 5 5.1 Disciplinary Action: ............................................................................................................ 5 5.2 Recognition Program: ........................................................................................................ 6 5.3 Accountability Program: ..................................................................................................... 6 6.0 Identification, Evaluation and Prevention of Occupational Safety and Health Hazards:...... 6 6.1 Job Hazard Assessment: ................................................................................................... 6 6.2 Site Safety Inspections: ..................................................................................................... 6 6.3 Hazard Correction: ............................................................................................................. 7 6.4 Equipment Inspections: ..................................................................................................... 7 6.5 Insurance Company Inspections and Surveys: ................................................................. 7 7.0 Accident Investigation: ......................................................................................................... 8 7.1 Reporting: .......................................................................................................................... 8 7.2 Investigation: ...................................................................................................................... 8 8.0 Correcting Unsafe or Unhealthy Conditions: ........................................................................ 8 8.1 Emergency Evacuation: ..................................................................................................... 8 9.0 Safety Training: .................................................................................................................... 9 9.1 New Hire Orientation: ........................................................................................................ 9 9.2 Supervisor Training: ........................................................................................................... 9 10.0 Safety Committee: ............................................................................................................. 9 11.0 Safety Program Record keeping: .................................................................................... 10 Appendix A - Code of Safe Practices ............................................... .............................10 � City of San Luis Obispo Injury and 'llinesll s Prevention Program Revised July 2011 Exhibit A CITY OF SAN LUIS OBISPO INJURY AND ILLNESS PREVENTION PROGRAM 1.0 Employer Information: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 -3249 Telephone: (805) 781 -7250 Web Site: www.slocity.org 2.0 Scope: The City of San Luis Obispo makes all reasonable efforts to: ♦ Protect the health and safety of employees and the public; ♦ Provide safe workplaces; ♦ Provide information to employees about health and safety hazards; ♦ Identify and correct health and safety hazards and encourage employees to report hazards; ♦ Provide information and safeguards for employees regarding hazards arising from operations at the City of San Luis Obispo. Per General Industry Safety Orders Section 3203 (California Code of Regulations, Title 8), the City of San Luis Obispo has adopted this Injury and Illness Prevention Program (IIPP), which describes specific requirements for program responsibility, compliance, communication, hazard assessment, accident/exposure investigations, hazard correction, training, and record keeping. 3.0 Safety Program Responsibilities: The City Manager, Katie Lichtig, is designated as the City's Safety Program Administrator. The Human Resources Manager works with the City Manager in overseeing and coordinating the implementation of the IIPP. Under the City's Safety Program, all levels in the organization have a responsibility for safety. 3.1 Employee Safety Responsibilities All employees are responsible for following the requirements of the IIPP. This includes: • Becoming familiar and complying with the Code of Safe Practices (Appendix A) and specific work procedures or rules as they apply to their work activity. • Keeping themselves informed of conditions affecting their health and safety. • Adhering to healthful and safe practices. • Attending training sessions as scheduled and incorporating training concepts into daily work practices. ♦ Reporting all injuries and near miss incidents. • Reporting unsafe conditions and potential hazards to their supervisor. Page 1 City of San Luis Obispo Injury and Illness Prevention Program Revised July 2011 Exhibit A 3.2 Supervisor's Safety Responsibilities Supervisors are responsible for implementing the City's IIPP. This includes: o Becoming familiar and complying with the Code of Safe Practices (Appendix A) and specific work procedures or rules as they apply to their area of authority. Attending training sessions as scheduled and incorporating training concepts into daily work practices. Developing their own knowledge and skills in safety and health relative to their areas of responsibility. Establishing safety- related work rules and procedures for all operations and exposures within their area of responsibility. o Ensuring that employees under their direction receive training relative to their work exposures and are aware of and comply with the Code of Safe Practices, and specific work procedures or rules as they apply. e Investigating all accidents and near miss incidents in a timely manner, including documenting all aspects of the incident, identifying the cause and implementing the corrective actions to prevent reoccurrence. • Enforcing health and safety rules fairly and uniformly related to job performance. Evaluating employees on compliance with safe work practices as part of the performance management process. Acknowledging employees who contribute to the maintenance of a safe workplace. Disciplining employees, per the City's discipline policy, for violations of the Code of Safe Practices and specific work procedures or rules as they apply. • Conducting documented and regularly scheduled safety inspections within their areas of responsibility. Ensuring that workplaces and equipment are safe, well- maintained, and in compliance with external agency regulations, generally accepted safe practices, and the City's policies, programs, and practices. Correcting any unsafe conditions or work practices observed during a site safety inspection in a timely manner. • Encouraging employees to report workplace hazards without fear of reprisal. • Ensuring that training, inspection, and investigation records and employee health and safety records are maintained and retained for the designated period(s) of time. 3.3 Department Director and Senior Management Safety Responsibilities Department Directors and Senior Managers are responsible for: o Ensuring the quality of safety performance by supervisors. e Demonstrating a genuine interest in safety- specific issues and support for safety programs. • Demonstrating that safety is everyone's responsibility. • Becoming familiar and complying with the Code of Safe Practices and specific work procedures or rules as they apply to their area of authority. ♦ Ensuring that employees and contractors are aware of and comply with the Code of Safe Practices, and specific work procedures or rules and Cal -OSHA regulations. ♦ Disciplining employees, per the City's discipline policy, for violations of the Code of Safe Practices and specific work procedures or rules as they apply. Page 2 City of San Luis Obispo Injury and Illness Prevention Program Revised July 2011 Exhibit A e Reviewing accident investigations in a timely manner, ensuring that all aspects of the incident are documented, identifying the cause and implementing corrective actions to prevent reoccurrence. • Correcting in a timely manner any unsafe conditions or work practices observed during a site safety inspection. • Designating an employee within their Department to act as the department Safety Committee representative from each department, division or work unit. Note: only one employee will be designated as the Safety Committee representative for the combined Attorney and Administration /Clerks Departments. 3.4 Safety Program Administrator Responsibilities The Safety Program Administrator, or designee, is responsible for: o Advising senior management on safety and health issues. e Working with senior management to develop safety and health guidelines and policies. e Developing and maintaining centralized Safety Policies and Procedures Manual, Risk Management Manual and the Injury and Illness Prevention Program. • Establishing, supporting and maintaining injury/illness /accident report and investigation procedures for use by supervisors and managers. o Assisting managers and supervisors with planning, organizing and coordinating safety training. e Assisting supervisors in conducting workplace hazard assessments to identify, evaluate and correct hazards. ♦ Maintaining current information on local, state, and federal safety and health regulations. • Coordinating audits of City safety programs to evaluate compliance with Cal -OSHA requirements. • Reporting to City Management regarding safety compliance status, new or upcoming regulations and other safety issues that require their attention. ♦ Supporting managers' efforts to develop safety and health inspection procedures and monitoring to ensure inspections and necessary corrective actions are completed. ♦ Providing training and technical assistance to managers and supervisors on the implementation of the IIPP and Hazard Specific Safety Policies. Page 3 City of San Luis Obispo Injury and Illness Prevention Program Revised July 2011 Exhibit A 3.5 Department Safety Committee Representative Responsibilities: ♦ Conducting monthly site safety inspections and following up on corrective actions needed with the department supervisor, manager and /or department head. ♦ Conducting and documenting safety meetings and training with employees either bi- weekly or monthly as required by law. ♦ Attending regularly scheduled Safety Committee meetings and sub - committee meetings. ♦ Acting as a department or division resource and liaison on safety matters. 4.0 Safety Program Communication: The City of San Luis Obispo communicates with employees in a form readily understandable by all affected employees on matters related to occupational safety and health, including provisions designed to encourage employees to inform the City or their supervisor of hazards at the worksite without fear of reprisal. 4.1 Initial Training: Upon implementation and revision of the IIPP all employees will have this program reviewed with them. The program will be reviewed as an element of the new employee orientation and for contract employees working under the City's direction and control. 4.2 Safety Meetings: The Department Safety Committee Representative or his /her designee will conduct safety meetings based on the exposures present at the work site. All meetings will include information on the following subjects as applicable. ♦ Review of Codes of Safe Practices, policies or procedures. ♦ On- the -Job or Off - the -Job safety information. e Feedback from employees on hazards, safety suggestions or concerns. e Review of previous accidents and near misses, causes and corrective actions. ♦ Recognition for compliance, good safety performance or attitude. Attendance at the safety meetings is considered a part of every employee's job duties. All meetings will be documented in writing, with the date, safety topic, discussion items, video and employee attendance signature included. The Department Safety Committee Representative will retain a copy of completed safety meeting documentation forms. Safety meetings will be conducted as follows: Administration & Attorney — Monthly Finance and Information Technology — Monthly Human Resources — Monthly Page 4 City of San Luis Obispo `J Injury and Illness Prevention Program Revised July 2011 Exhibit A Community Development — Monthly Parks and Recreation — Monthly Public Works and Utilities — Every Two Weeks Police — As part of their daily briefing Fire — As part of their daily briefing / regular training sessions 4.3 Employee Suggestions and Reporting Health and Safety Concerns (Anti- Reprisal Policy): Employees will be afforded an opportunity to make safety suggestions and /or express their concerns related to health and safety hazards. Employee safety suggestions or concerns may be made anonymously but in any case no employee shall be disciplined, demoted or otherwise discriminated against for making a suggestion or for bona fide reporting of health and safety hazards to the City of San Luis Obispo or to appropriate governmental agencies. Response to suggestions will be documented on the suggestion form and the employee notified as to the outcome. Anonymous suggestions will be considered as seriously as non - anonymous suggestions; responses shall also be documented on the suggestion form and posted for all employees to review. Suggestions may be made to the Department Safety Committee Representative and /or Safety Program Administrator via telephone, e-mail, memo or other form of written communication. 4.4 Written Communications: A regular area where written safety communications will be posted shall be established. Postings will contain information on: off - the -job or on- the -job safety topics, changes in safety procedures, accident causes, employee safety suggestions or other information as appropriate. 5.0 Safety Program Compliance: The City of San Luis Obispo shall ensure that employees comply with safe and healthful work practices. Managers and supervisors are responsible for establishing and maintaining good health and safety practices. To ensure compliance: • Employees are recognized for following safe and healthful work practices (e.g., oral acknowledgments, recognition at meetings, awards, etc.). • Employees are trained and retrained, as necessary or as required. • Health and safety practices are integrated into employee job descriptions and performance appraisals. • Disciplinary actions with employees for failure to follow safe and healthful work practices are taken when appropriate. • The anti - reprisal policy for employees reporting safety and health concerns is enforced. 5.1 Disciplinary Action: Non - compliance and or willful violation of the Code of Safe Practices and specific work procedures or rules could result in disciplinary action up to and including termination. Disciplinary action will be administered and documented per the City's Personnel Rules and Regulations and /or Memoranda of Agreement. Page 5 I City of San Luis Obispo Injury and Illness Prevention Program Revised July 2011 Exhibit A 5.2 Recognition Program: All employees are eligible to receive a Supervisor's Safety Award. The purposes of the Supervisor's Safety Award is to encourage employees to perform their work in a safe manner. Supervisors (upon nomination by any employee) may award Supervisor's Safety Awards as they feel appropriate for a unique and useable safety suggestion or these awards may be used to acknowledge excellent performance and to encourage safety program compliance through positive reinforcement. Awards should be presented as soon as possible after the event which merits the award occurs. Award certificates should be signed by the supervisor and the department head. Supervisor's Safety Awards will be announced. at the Safety Committee Meetings and in the employee newsletter. Guidelines for behaviors and activities that could result in an award include: • Correcting an unsafe condition or notifying the appropriate person to get it corrected. • Educating employees regarding safe procedures when using equipment. • Making safety a priority through consistent integration of safe and healthful work practices into their everyday tasks. 5.3 Accountability Program: Central to maintaining safety program compliance is establishing accountability for safety. The City has identified specific safety activities for which managers and supervisors are responsible. These activities include conducting safety meetings and observation audits, accident investigations, attendance at training sessions and accident rate performance. Performance in these and additional safety activities will be maintained and included for discussion and appropriate action including the annual performance appraisal review. 6.0 Identification, Evaluation and Prevention of Occupational Safety and Health Hazards: 6.1- Job Hazard Assessment: When the City's IIPP was initially established, workplace hazards were identified and evaluated in order to provide the appropriate level of training needed for each work site. Periodic inspections to identify and evaluate workplace hazards shall be performed by the supervisor or Safety Committee Representative when new substances, processes, procedures or equipment which present potential new hazards are introduced into the workplace. 6.2 Site Safety Inspections: The Department Safety Committee Representative will conduct a formal, documented site safety inspection monthly. This inspection shall be documented on the Site Inspection. The inspection will include an evaluation of work areas, machine guarding, exits, fire extinguishers, eyewashes, housekeeping and other specific Cal -OSHA requirements. Correction of unsafe conditions will be documented on the inspection form. The Department Safety Committee Representative will maintain the inspection form and work with the department supervisor, manager and/or Department Head on follow -up or corrective action. Page 6 City of San Luis Obispo -- Injury and Illness Prevention Program Revised July 2011 Exhibit A It will be the responsibility of the unit supervisor to: • Monitor progress on corrective actions that remain to be completed and conduct follow -up survey to verify completion of corrective actions as required. • Inform employees and City Management of any serious finding or incomplete corrective action that may pose a serious injury risk to employees or the public or the environment in general. 6.3 Hazard Correction: The City of San Luis Obispo has a commitment to correct unsafe or unhealthful work conditions in a timely manner, based on the severity of the hazards. Hazards are corrected according to the following procedures: • When observed or discovered. When an imminent hazard exists which cannot be immediately abated without endangering employees(s) and /or property, all exposed personnel will be removed from the area except those necessary to correct the existing condition. Employees necessary to correct the hazardous condition shall be provided with the necessary safeguards. Resources to correct hazards include the following: • Unsafe conditions that cannot be corrected with resources available to the supervisor or manager must be reported to the next higher level of management. • If the correction is outside the authority of maintenance and departmental funds are not available, the department must seek other resources from the City to make the corrections. 6.4 Equipment Inspections: Material handling equipment such as forklifts, hoists or other equipment will be inspected and maintained per the legal requirements. It will be the responsibility of the employee using the equipment to ensure these inspections are conducted and documented. 6.5 Insurance Company Inspections and Surveys: The City's workers' compensation or property carrier may conduct surveys of City sites. The findings of these inspections are submitted to the City in writing along with recommendations for corrective action. Findings and recommendations will be submitted in writing and will be tracked until fully implemented. On request, the Program Administrator will also conduct or arrange for third parties to conduct periodic surveys to assist the supervisors in identifying and correcting potential hazards. Page 7 City of San Luis Obispo Injury and Illness Prevention Program Revised July 2011 Exhibit A 7.0 Accident Investigation: The City of San Luis Obispo investigates all accidents, occupational injuries and /or illnesses as well as "near miss" incidents and property damage incidents to reduce the potential for future incidents that could result in injury. 7.1 Reporting: Employees shall report all accidents, industrial injuries or illnesses or incidents that could have resulted in an injury, illness or property damage (near miss incidents) to their supervisor immediately. In the event that the supervisor is unavailable, accidents or injuries shall be reported to the senior manager or department head. The employee shall document the injury or illness on the City's Report of Occupational Injury or Illness form. In addition, accidents involving a collision in a City vehicle must have a Police report filed. The employee should contact the Police Department immediately and remain on site in order to provide the needed information for the Police report. 7.2 Investigation: After ensuring the injured employee has received appropriate medical treatment, the supervisor shall conduct an accident investigation. The investigation shall include the factual details surrounding the event (who, what, when, where, witnesses, etc.), the probable cause of the event and corrective actions to prevent a reoccurrence of the incident. The investigation shall be documented on the City's Supervisor's Investigation Report form. The supervisor will forward the completed reports (employee's and supervisor's) to the department head for review and concurrence. After the department head has signed it, the Supervisor's Investigation Report and the employees' Report of Occupational Injury or Illness shall be sent to the Human Resources Department. If the employee requires medical treatment, the Employee's claim for Worker's Compensation Benefits and the Medical Service Order shall be included. The Site Manager will review the report and follow -up with the supervisor to ensure that the corrective actions have been implemented. Within 24 hours of the incident the Supervisor or his designee will provide and document that the injured employee received the "Notice of Injury" form. The Safety Program Administrator or her /his designee shall complete the "Employers First Report of Injury" and send it to the workers compensation carrier if required. 8.0 Correcting Unsafe or Unhealthy Conditions: Methods of correcting unsafe or unhealthy conditions will vary depending upon the degree of hazard and control of the work site. Minor hazardous situations, such as housekeeping, storage or other items shall be corrected without additional documentation. Hazardous conditions of a more serious nature will require a work order / request, or work to be stopped or the equipment tagged and taken out of service until the proper corrective action can be taken. Hazards of an imminent nature will require emergency notifications and evacuation. 8.1 Emergency Evacuation: Should an emergency situation arise which creates an imminent hazard, which cannot be immediately abated, all employees will be evacuated from the facility to a safe location until the situation is corrected. The evacuation will be carried out per the site's evacuation procedures. Page 8 i� City of San Luis Obispo _ Injury and Illness Prevention Program Revised July 2011 Exhibit A 9.0 Safety Training: The City of San Luis Obispo is sincerely concerned for the welfare and safety of its employees and the public they serve. The City is committed to provide safety training for all employees. 9.1 New Hire Orientation: Safety training begins at the time of employment before the employee actually starts work. Therefore department heads or their designees shall ensure that the City's safety policies and procedures applicable to the position be presented to new employees during department job orientation. The City Orientation & Job Orientation will include training on: Code of Safe Practices Injury / Incident Reporting Employee Access to Medical / Exposure Information Hazard Communication and Chemical Safety Review of the Illness and Injury Prevention Program Emergency Response / Evacuation Duties. Specific Chemicals and Handling Procedures used as part of the job Use of Equipment as Required Additional specialized training will be conducted as required or necessary. This may include: Forklift / Man lift Operator Certification Respiratory Refresher and Fit Test Confined Space Entry Hearing Conservation Ergonomics Police Department Personnel shall be P.O.S.T. certified as required. Fire Department Personnel shall be trained per the State Fire Marshall Requirements. 9.2 Supervisor Training: Supervisors will attend scheduled training sessions designed to familiarize them with the safety and health hazards to which their employees are exposed and to assist them in implementing the Safety Program. 10.0 Safety Committee: The City of San Luis Obispo has established a safety committee made up of employees, supervisors, managers and department heads. This committee shall meet at least quarterly and makes recommendations regarding health and safety issues. Members of the safety committee serve as primary contacts for risk management and loss control activities in their departments and assist in risk identification, inspections, and audits. The purpose of this committee is to review action items from internal / external inspections, safety activity performance, new or revised safety policies or procedures, accident investigations, new equipment, recognition program and other items relating to our Safety Program. Page 9 City of San Luis Obispo Injury and Illness Prevention Program Revised July 2011 Exhibit A 11.0 Safety Program Record keeping: Records, training documentation, inspections and surveys will be kept as required by law or as governed in the City's Record Retention Policy. The Safety Program Administrator shall maintain Record keeping and program documentation. Safety program documentation will include copies of: • Accident Reports • OSHA Log • Insurance Company Surveys and Recommendations Each Department shall maintain Record keeping and program documentation. Safety program documentation will include copies of: • Site Inspections • Employee Training Records • Completed Safety Meetings Page 10 City of San Luis Obispo Injury and Illness Appendix A Code of Safe Practices City of San Luis Obispo Prevention Program Revised Julv 2011 Exhibit A Page 11 City of San Luis Obispo _ Injury and Illness Prevention Program Revised July 2011 Exhibit A CODE OF SAFE PRACTICES EMPLOYEE SAFETY RESPONSIBILITIES I. POLICY STATEMENT It is the responsibility of each City of San Luis Obispo employee to follow all safety rules and procedures and ensure safety on the job for themselves and other employees. II. GUIDELINES AND RESPONSIBILITIES A. Know the job and always apply safe work practices. B. Recognize the hazards of the job and take precautions to ensure the safety of themselves and others. C. Immediately advise their Supervisor if the working conditions, tools or equipment are unsafe. D. Actively participate and cooperate in the overall safety program. E. Use all personal protective equipment as required. F. Comply with all safety instructions from Supervisors. G. Obey all health and safety warning signs and standards. H. Immediately report all accidents (vehicular or personal) regardless of severity to the Supervisor. I. Do not jump from truck beds, platforms, fences, or other elevated places. J. Do not take shortcuts in or over dangerous places. K. Pay strict attention to their work and do not participate in practical jokes and horseplay. L. Do not wear loose clothing and jewelry while working on or near equipment and machines. III. REFERENCES CCR Title 8, GISO Section 3203 Page 12 City of San Luis Obispo Injury and Illness Prevention Program Revised July 2011 Exhibit A CODE OF SAFE PRACTICES SUPERVISORY SAFETY RESPONSIBILITIES I. POLICY STATEMENT All Managers and Supervisors are responsible for ensuring that all employees under their supervision observe all safety rules and procedures. II. GUIDELINES AND RESPONSIBILITIES A. Give sincere, active, and constant support to all safety activities and procedures. B. Instill safety awareness in each employee. C. Be responsible for familiarizing employees with the hazards of the job to which they are assigned, and instruct personnel in the safe methods of performing the job. D. Ensure that each worker is provided with the needed safety equipment and protective devices. E. Take prompt corrective action whenever unsafe conditions or acts are noted. F. Periodically review the work practices of employees to ensure they continue to work in a safe manner. G. Make regular safety appraisals of their assigned area. H. Investigate and find the cause of accidents and take corrective action to prevent reoccurrences. I. Be responsible for the enforcement of safety rules among employees. J. At the end of each workday, inspect work areas for proper housekeeping or other hazards. III. REFERENCES CCR Title 8, GISO Section 3203 Page 13 RESOLUTION NO. 10281 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING THE REVISED URBAN WATER MANAGEMENT PLAN WHEREAS, the California Legislature enacted Assembly Bill 797 during the 1983 -1984 Regular Session, as subsequently amended, which mandates that every supplier providing water for municipal purposes to more than 3,000 customers or supplying more than 3,000 acre feet of water annually, prepare an Urban Water Management Plan; and WHEREAS, the City is an urban supplier of water providing water to approximately 14,500 customers; and WHEREAS, the Plan shall be periodically reviewed at least once every five years, and that the City shall make any amendments or changes to its plan which are indicated by the review and required by the legislation; and WHEREAS, the Plan must be adopted, after public review and a public hearing, and filed with the California Department of Water Resources within thirty days of adoption; and WHEREAS, The City has therefore prepared for public review a draft Urban Water Management Plan, and a properly noticed public hearing regarding the Plan was held by the City Council on June 21, 2011; and WHEREAS, the City of San Luis Obispo did prepare and shall file said Plan with the California Department of Water Resources and upon adoption shall distribute the Plan to the California State Library, the County of San Luis Obispo and make available for public review as prescribed by state law. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the 2010 Urban Water Management Plan, consisting of text with tables, figures and appendices presented to the City Council on June 21, 2011, on file in the City Clerk's Office, is hereby adopted. 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 R 10281 Resolution No. 10281 (2011 Series) Page 2 The foregoing resolution was adopted this 215` day of June 2011. Vice M r John hbau ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: I hnstme Dietrick City Attorney CI C RESOLUTION NO. 10280 (2011 SERIES) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE 2011 -13 FINANCIAL PLAN AND 2011 -12 BUDGET WHEREAS, the City Manager has submitted the 2011 -13 Financial Plan to the Council for its review and consideration in accordance with budget policies and objectives established by the Council; and WHEREAS, the 2011 -13 Financial Plan is based upon extensive public comment and direction of the Council after fourteen scheduled budget workshops and public hearings. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the 2011 -13 Financial Plan is hereby approved and that the operating, debt service and capital improvement plan budget for the fiscal year beginning July 1, 2011 and ending June 30, 2012 is hereby adopted. 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 The foregoing resolution was adopted this 2151 day of June 2011. Vice ayor John Ash ugh ATTEST: C: �e� , C_ Elaina Cano City Clerk APPROVED AS TO FORM: J. stine Dietrick 1ty Attorney RESOLUTION NO. 10279 (2011 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING THE APPROPRIATIONS LIMIT FOR 2011 -12 WHEREAS, the voters approved the Gann Spending - Limitation Initiative on November 6, 1979 and Proposition 111 on June 5, 1990, which establish and define annual appropriation limits on state and local government agencies; and WHEREAS, regulations require that the governing body of each local agency establish its appropriations limit and annual adjustment factors by resolution; and WHEREAS, the required calculations to determine the City's appropriations limit and estimated appropriations subject to limitation for 2011 -12 have been performed by the Department of Finance & Information Technology and are available for public review. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo hereby adopts the City's appropriations limit and annual adjustment factors for 2011 -12 as follows: Appropriations Limit: 2010 -11 $47,720,000 Cost of Living Factor: Percent change in California per capita income 2.51% Population Factor: County Population Growth 0.83% Compound Percentage Factor (multiplicative not additive) 3.36% Appropriations Limit: 2011 -12 $49,323,400 Upon motion of Council Member Carter, seconded by Vice Mayor John Ashbaugh, and on the following vote: AYES: Council Member Carpenter, Carter and Smith, Vice Mayor Ashbaugh and Mayor Marx NOES: None ABSENT: None R 10279 Resolution No. 10279 (2011 Series) Page 2 The foregoing resolution was adopted 21S` day of June 2011. <1MV001, IC05 Vice M or John Ashbaugh ATTEST: . Q (�L_ Elaina Cano City Clerk APPROVED AS TO FORM: store Dietrick City Attorney R 10279 RESOLUTION NO. 10278 (2011 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO APPROVING THE PROCUREMENT OF TRANSIT VEHICLE REPLACEMENTS WHEREAS, the City of San Luis Obispo (referred hereinafter as the City) operates San Luis Obispo Transit (SLO Transit); and WHEREAS, the City Council chose the clean diesel path on October 15, 2002; and WHEREAS, California Air Resources Board required transit operators to choose either. the clean diesel or alternative fuel path by January 1, 2003; and WHEREAS, the City has identified three buses that need to be replaced to comply with the current emission requirements of the California Air Resources Board; and WHEREAS, the City has identified one staff vehicle that needs to be replaced; and WHEREAS, The City of San Luis Obispo and SLO Transit are eligible applicants for California Proposition Fund Program Policies and Procedures and FTA 5307 funding; and WHEREAS, the City has allocated a portion of Proposition 1B, Public Transportation Modernization, Improvement, and Service Enhancement Account (PTMISEA) and FTA 5307 funding to be used for SLO Transit capital projects; and WHEREAS, the City has secured funding from the Federal Transit Administration (FTA), Public Transportation, Modernization, Improvement, and Service Enhancement Account (PTMISEA) which is one of the programs included in Proposition 1B, the Transportation Highway Safety, Traffic Reduction, Air Quality and Port Security Bond Act and Transportation Development Act (TDA) to assist in the City's compliance of the emission requirements and staff vehicle replacement. NOW THEREFORE, BE IT RESOLVED that the City Council of San Luis Obispo: SECTION 1. Approves using transit purchasing agreements with Implicit Purchase Pooling Solutions and the National Joint Powers Alliance to procure transit bus and staff replacement vehicles that comply with the California Air Resources Board (CARE) emission standards. SECTION 2. Authorize the Finance Director to execute Purchase Orders for vehicle acquisition if costs are within the budgeted amount. R 10278 Ir , I/ Resolution No. 10278 (2011 Series) Page 2 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. ATTEST: Elaina Cano City Clerk APPROVED AS TO FORM: J. `stine Dietrick ity Attorney