HomeMy WebLinkAbout9364-9374� � Q
RESOLUTION NO. 9374 (2002 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE FILING OF THE FY 2002 -03 FEDERAL CAPITAL AND
OPERATING ASSISTANCE GRANT APPLICATION WITH THE FEDERAL TRANSIT
ADMINISTRATION
WHEREAS, the Federal Transit Administration has been delegated authority to award
Federal financial assistance for a transportation project; and
WHEREAS, a grant of federal assistance will impose certain obligations upon the City of
San Luis Obispo and may require the City of San Luis Obispo to provide the local share of
project costs; and
WHEREAS, the City of San Luis Obispo has or will provide all annual certifications and
assurances to the Federal Transit Administration required for the project;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City of San Luis Obispo is the designated recipient as defined by 49
U.S.C. 5307 (a)(2).
SECTION 2. The Public Works Director is authorized to execute and file an application for
Federal assistance on behalf of the City of San Luis Obispo with the Federal Transit
Administration for Federal assistance authorized by 49 U.S.C. Chapter 53, Title 23, United
States Code and other Federal statutes authorizing a project administered by the Federal Transit
Administration.
SECTION 3. The Public Works Director is authorized to request that the San Luis Obispo
Council of Governments review the Program of Projects, make findings of conformity with the
Regional Transportation Plan and amend the Program of Projects into the Federal Transportation
Improvement Program.
SECTION 4. The Public Works Director is authorized to execute and file with the
application the annual certifications, assurances, and other documents the Federal Transit
Administration requires before awarding a Federal assistance grant.
SECTION 5. The Public Works Director is authorized to execute grant agreements with the
Federal Transit Administration on behalf of the City of San Luis Obispo.
R 9374
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Resolution No. 9374 (2002 Series)
Page 2
Upon motion of Council Member Ewan, seconded by Vice Mayor Marx, and on the
following roll call vote:
AYES: Council Member Ewan and Mulholland, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: Council Member Schwartz
the foregoing resolution was adopted this 15`' day of October 2002.
Mayor Allen K.
Lee Ynce, U.M.U.
City Clerk
APPROVES AS TO FORM:
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Resolution No. 9374 (2002 Series)
Page 3
ATTACHMENT 1
FEDERAL TRANSIT ADMINISTRATION
GRANT APPLICATION
for
SLO TRANSIT
PROGRAM OF PROJECTS
FOR FISCAL YEAR 2002 -2003
Federal Apportionments:
For FY 2002 -2003 $768,872
Carryover from FY 2001 -2002 71,725
Available to Program $846,597
Federal
Total
Project
Amount
Amount
Operating Assistance 7/1/02 to 6/30/03
$806,597
$2,123,600
Emission Reduction Equipment
0.00
39,000
North Area Regional Facility
0.00
1,000,000
Capital Cost of Contracting
40,000
50,000
Total Project Cost
$3,212,600
Federal Share
$846,597
Local Share
$1,366,003
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RESOLUTION' NO. 9373 (2002 Series)
ARESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND'RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO
POLICE STAFF OFFICERS' ASSOCIATION FOR THE. PERIOD OF
JULY 19 2002 — NNE 309 2004
BE IT RESOLVED by the Council of the City of SanLuis Obispo as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and the
San Luis Obispo Police Staff Officers' Association (SLOPSOA), attached hereto as exhibit "A" and
incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance Director shall adjust the Personnel Services appropriation accounts
to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed
Memorandum of Agreement approved by it to: Steve Tolley, SLOPSOA President and Ann Slate,
Director of Human Resources.
Upon motion of Vice Mayor Marx, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Ewan and Mulholland, Vice Mayor Marx and
Mayor Settle
NOES: None
ABSENT: Council Member Schwartz
The foregoing resolution was adopted this 15`h day o` ^ °` °''° 'nn)
Lee Ynce, U.M.U.
City Clerk
APPROVED AS TO FORM:
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89373
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
� I
SAN LUIS OBISPO
POLICE STAFF OFFICERS' ASSOCIATION
JULY 1, 2002 - JUNE 30, 2004
I
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1
Parties to Agreement ................................... ......:...........:...:.......1
2
Recognition ................................................. ..............................2
3
Check Off/Dues Deduction ......................... ..............................3
4
Employee Rights ......................................... ..............................4
5
Management Rights .............................:...... .............:.:.....:...:....5
6
Representative Role .................................... ..............................6
7
Renegotiations ............................................ ..............................7
8
Salary .......................................................... ..............................8
9
Overtime .................................................... ..................:..........12
10
Payday........... .............................................. .............................17
11
General Provisions ..................................... .............................18
12
Health Care Insurance ................................ .............................19
13
Retirement .................................................. .................:.......:...23
14
Uniform Allowance ................................... .............................24
15
Holidays ..................................................... .............................25
16
Vacation Leave .......................................... ........................:....27
17
Administrative Leave ................................. .............................29
18
Sick Leave ................................................. .............................30
19
Family Leave ............................................. .............................31
20
Bereavement Leave .................................... ....:......................:.33
21
Catastrophic Leave .................................... .............................34
22
Workers' Compensation Leave ................. .............................36
Table of C:nntent.-,, Continued
Article Nn_ Title Page No
23
Jury Duty and Military Leaves .................. .............................37
24
Grievance Procedure .................................. .............................38
25
Disciplinary Action .................................... .............................40
26
Impasse Procedure ..................................... .............................41
27
SWAT Sergeants ....................................... .............................43
28
Reopeners .................................................. .............................44
29
Full Agreement .......................................... .............................45
30
Savings Clause ........................................... .............................46
31
Term of Agreement .................................... .............................47
32
Authorized Agents .. ...............................
33
Signatures .................................................. .............................49
This Agreement is made and entered into this 15th day of October, 2002, by and between the
City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Police
Staff Officers' Association, hereinafter referred to as the Association.
Pursuant to Goverment Code Section 3500 et seq and City Resolution No. 6620 (1989
Series), the City hereby recognizes the San Luis Obispo Police Staff Officers Association as
the exclusive bargaining representative for purposes of representing regular and probationary
employees occupying the position classifications of Police Sergeant, Police Lieutenant, Police
Captain, Communications Supervisor, Police Records Supervisor, and Communications
Manager for the duration of this Agreement.
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3.1 The City shall deduct dues from City employees and remit said dues to the
Association on a semi - monthly basis for the duration of this Agreement, which dues
shall not include assessments.
3.2 Monthly dues deduction, additions, and/or deletions shall be recorded by the City's
Finance Officer and a notification of all dues transactions shall be sent semi - monthly
to the Association President.
3.3 The Association shall hold the City harmless from any and all claims, and will
indemnify it against any unusual costs in implementing these provisions.
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Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters
of employer - employee relations including, but not limited to, wages, hours and other terms
and conditions of employment. Employees of the City also shall have the right to refuse to
join or participate in the activities of employee organizations and shall have the right to
represent themselves individually in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced or discriminated against because of
the exercise of these rights.
4
The rights of the City include, but are not limited to, the exclusive right to determine the
mission of its constituent departments, commissions and boards; set standards of service;
determine the procedures and standards of selection for employment and promotion; direct its
employees; take disciplinary action; relieve its employees from duty because of lack of work
or for other legitimate reasons; maintain the efficiency of government operations; determine
the methods, means and personnel by which government operations are to be conducted;
determine the content of the job classifications; take all necessary actions to carry out its
mission in emergencies; and exercise complete control and discretion over its organization
and the technology for performing its work.
5
Members of the Association may, by a reasonable method, select not more than three
employee members and one employee observer to meet and confer with the Municipal
Employee Relations Officer and other management officials (after written certification of such
selection is provided by the Association) on subjects within the scope of representation during
regular duty or work hours without loss of compensation or other benefits. The Association
shall, whenever practicable, submit the name(s) of each employee representative to the
Municipal Employee Relations Officer at least two working days in advance of such
meetings. Provided further:
(1) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Police Chief or other authorized City
management officials. If employee representatives cannot be released, the date of
the meeting will be rescheduled in accordance with item (2) below.
(2) That any such meeting is subject to scheduling by City management consistent
with operating needs and work schedules. Nothing provided herein, however,
shall limit or restrict City management from scheduling such meetings before or
after regular duty or work hours.
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If at the expiration of the term of this Agreement, either party wishes to make changes to this
Agreement, that party shall serve upon the other its written request to negotiate, as well as its
initial proposals for an amended Agreement. Such notice and proposals must be submitted to
the other party between 15 April and 1 May, 2004. If notice is properly and timely given,
negotiations shall commence no later than 15 May.
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SAT.ARY PROVISION FOR T14F; TERM OF AC'TRFEMFNT
The parties agree to salary increases as set forth below to be effective on the first day of
the first full payroll period in the month listed, for all employees in the Association
employed by the City on the date this agreement is formally approved by the City
Council:
4%-7/02 2%-7/03
3%-7/03 2%-1/04
2%-1/04
*3% - 2/03
2%-1/04
*Effective February, 2003, the City's 1% contribution to deferred compensation will be
eliminated.
RTJT F4 GOVF.RNMG STFP INC'.RFASF.S:
The following rules shall govern step increases for employees:
1. Each salary range consists of six steps (A through F). Steps A through E equal
95% of the next highest step, computed to the nearest one dollar.
Step E = 95% of Step F
Step D= 95% of Step E
Step C = 95% of Step D
Step B = 95% of Step C
Step A = 95% of Step B
Each across -the board % salary increase shall raise step F of the respective range
by the %. After all step F's of salary ranges have been established, each step F
shall be rounded off to the nearest $1.00 and the remaining. steps established in
accordance with the above formula.
Effective the full pay period in November, 2002, the Police Records Supervisor
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and Communications Manager classifications will be placed on the six step
schedule with the current maximum salary, plus seven (7 %) percent, representing
Step F. Concurrently, employees shall assume responsibility for paying the
employees retirement contribution utilizing IRS code Section 414(h)(2).
Employees shall be placed at the step nearest to, but above their current salary
(plus 7 %) not to exceed top step.
2. The time in step progression for employees with satisfactory performance will be
as follows:
1 year at Step A
1 year at Step B
1 year at Step C
1 year at Step D
1 year at Step E
3. Employees who are eligible for advancement to step E or F must receive a "Meets
Performance Standards" or better on the overall rating on their most recent
Performance Appraisal prior to or coincident with their being eligible for
advancement by time in grade.
4. The Police Chief shall be authorized to reevaluate employees who reach Step F in
their pay range. An employee who is not performing up to standard for the sixth
step shall be notified in writing that the Police Chief intends to reduce him/her
one step unless his/her job performance improves significantly within a 60 day
period. Unless the employee's job performance improves to an acceptable level
by the end of 60 days, the pay reduction shall then become effective. The sixth
step may be reinstated at any time upon recommendation of the Police Chief. If
the Police Chief deems it necessary to again remove the sixth step during the
same fiscal year, he /she may make the change at any time with three business
days' advanced written notice.
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► 1I I :1110111imi I IRWIFIwIffiffiff 1 11
July 2002
4% Sergeants, Lieutenants and Captains effective July 4, 2002
7% Communications Manager and Records Supervisor for conversion to PERS
Step 1
deduction plan effective November 4, 2002
Step
Step 4
Step 5
Step 6
Salary Position
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Salary Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly
Range Code Title
Bi- Weekly
BI-Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
8010 800 Police Sergeant 1
5,252
5,528
5,819
6,125
6,448
6,787
8030 805 Police Lieutenant
2,424
2,551
2,686
2,827
2,976
3,132
8030 805 Police Lieutenant
5,991
6,306
6,638
6,988
7,355
7,742
8040 810 Police Captain
2,765
2,911
3,064
3,225
3,395
3,573
8040 810 Police Captain
6,591
6,938
7,303
7,687
8,092
8,518
8050 850 Communications Supervisor
3,042
3,202
3,371
3,548
3,735
3,931
8050 850 Communications Supervisor
3,697
3,891
4,096
4,312
4,539
4,778
8045 855 Records Supervisor
1,706
1,796
1,891
1,990
2,095
2,205
8045 855 Records Supervisor
4,148
4,366
4,596
4,838
5,092
5,360
8040 860 Communications Manager
1,914
2,015
2,121
2,233
2,350
2,474
8040 860 Communications Manager
4,495
4,731
4,980
5,242
5,518
5,809
2,075
2,184
2,299
2,420
2,547
2,681
February 2003
3% Salary Records Supervisor and Communications Manager
Step 1
Step 2
Step
Step 4
Step 5
Step 6
Salary Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly
Range Code Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi -Weekly
8010 800 Police Sergeant[
5,252
5,528
5,819
6,125
6,448
6,787
2,424
2,551
2,686
2,827
2,976
3,132
8030 805 Police Lieutenant
5,991
6,306
6,638
6,988
7,355
7,742
2,765
2,911
3,064
3,225
3,395
3,573
8040 810 Police Captain
6,591
6,938
7,303
7,687
8,092
8,518
3,042
3,202
3,371
3,548
3,735
3,931
8050 850 Communications Supervisor
3,697
3,891
4,096
4,312
4,539
4,778
1,706
1,796
1,891
1,990
2,095
2,205
8045 855 Records Supervisor
4,272
4,497
4,734
4,983
5,245
5,521
1,972
2,076
2,185
2,300
2,421
2,548
8040 860 Communications Manager
4,630
4,873
5,130
5,400
5,684
5,983
2,137
2,249
2,368
2,492
2,623
2,761
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July 2003
3% Sergeants, Lieutenants and Captains
- 2 %Communications
Supervisors
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Salary Position
Monthly/
Monthly/
Monthly/
Monthly /
Monthly/
Monthly
Range Code Title
BI-Weekly
Bi- Weekly
Bi- Weekly
BI-Weekly
Bi- Weekly
Bi -Weekly
8010 800 Police Sergeant I
5,408
51693
5,993
6,308
6,640
6,990
6,434
2,496
2,628
2,766
2,911
3,065
3,226
8030 805 Police Lieutenant
6,170
6,495
6,836
7,196
7,575
7,974
7,340
2,848
2,998
3,155
3,321
3,496
3,680
8040 810 Police Captain
6,788
7,145
7,521
7,917
8,334
8;773
8,076
3,133
3,298
3,471
3,654
3,846
4,049
8050 850 Communications Supervisor
3,771
3,969
4,178
4,398
4,629
4,873
4,486
1,740
1,832
1,928
2,030
2,137
2;249
8045 855 Records Supervisor
4,272
4,497
4,734
4,983
5,245
5,521
5,082
1,972
2,076
2,185
2,300
2,421
2,548
8040 860 Communications Manager
4;630
4,873
5,130
5,400
5,684
5,983
5,507
2,137
2,249
2,368
2,492
2,623
2,761
anuary 2004
2% all employees
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Salary Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly
Range Code Title.
Bi- Weekly
Bi- Weekly
Bi- Weekly
BI-Weekly
BI-Weekly
Bi- Weekly
8010 800_ Police Sergeant 1
5,517
5,807
6,113
6,434
6,773
7,129
2,546
2,680
2,821
2,970
3,126
3,291
8030 805 Police Lieutenant
6,293
6,624
6,973
7,340
7,726
8,133
2,904
3,057
3,218
3,388
3,566
3,754
8040 810 Police Captain
6,924
7,288
7,672
8,076
8,501
8,948
3,196
3,364
3,541
3,727
3,923
4,130
8050 850 Communications Supervisor
3,846
4,048
4,261
4,486
4,722
4,970
1,775
1,868
1,967
2,070
2,179
2,294
8045 855 Records Supervisor
4,357
4,587
4,828
5,082
5,350
5,631
2,011
2,117
2,228
2,346
2,469
2,599
8040 860 Communications Manager
4,721
4,970
5,232
5,507
5,797
6,102
2,179
2,294
2,415
2,542
2,675
2,816
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Overtime is defined as all hours worked in excess of 160 hours worked in the
employee's 28 day work period. Vacation, holidays, sick leave, IOD, and
compensatory time off shall be considered hours worked when computing overtime.
Sergeants (except the Administrative Sergeant) shall be eligible for overtime pay.
r' .11 5 NEI PRIN im l ►1
In the matter of shift adjustments, it is agreed that the following guidelines will be
followed:
In any situation necessitating a shift adjustment, volunteers will first be sought..
Shift adjustments will not be for more than two hours.
Shift adjustments for special units or assignments are not covered by this guideline
and remain the discretion of the Unit Supervisor or Bureau Commander.
Whenever volunteers cannot be located, Sergeants assigned will be, chosen
sequentially by seniority.
Generally, no more than two Sergeants per shift should be ordered to adjust unless an
specific event necessitates it.
At least 14 days notice will normally be given, but in no event will less than seven
days notice be given, for an ordered shift adjustment.
A Sergeant authorized to shift adjust will not suffer loss of briefing pay or other
normal benefit.
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Sergeants will be given at least ten hours between shifts for ordered non - emergency
shift adjustments.
Shift adjustments will not be ordered to deal with court or shift continuation unless it
is necessary to insure the Sergeant has adequate rest. If court or another assignment
prevents a Sergeant from getting proper rest between shifts, the Sergeant and the
Watch Commander may arrange a shift adjustment to meet this need. With approval,
the Sergeant could opt to use adjusted court time towards normal work hours instead
of overtime, or to adjust shift start time up to four hours. In cases where the Watch
Commander determines an adjustment is warranted but does not have sufficient
manpower, he is authorized to bring in a replacement (on O/T) for up to four hours.
Shift adjustments will not be limited by day or time except as articulated above.
It is noted that either party may reopen these issues at the time of contract renewal.
9.4 COMPENSATION
A. Overtime hours 161 through 171 worked in the employee's 28 day work period,
shall, at the employee's option, be compensated in cash at time and one half the
employee's regular rate of pay or in time off compensated at time and one half.
However, no employee shall accumulate and have current credit for more that 80
hours of compensatory time off.
B. Overtime earned in excess of the first 11 hours of overtime earned in the
employee's 28 day work period, shall be compensated in cash at time and one half
the employee's regular rate of pay.
9.5 GI JAR ANTFFT) MTNTMi T AS FOR RED TRNTNTG TO WORK.
Whenever an employee is required by the department to return to work outside of the
13
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work
actually performed.
Effective the first full pay period following ratification, employees called back to work
at other than their normally scheduled shift shall be guaranteed three -hour minimum
payment at time and one half. Unanticipated emergency call -backs (criminal
investigations, emergency ecvacuations, natural disasters, civil unrest, SWAT, etc.)
will include a total 30 minutes for travel time.
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A. Effective the first full pay period following ratification, employees reporting for
court duty shall be guaranteed three hours minimum payment at time and one-
half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
513MMET97KNU-1 a On -I i as Go
Employees who are required to attend roll call briefing, and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
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Employees called back for training sessions authorized by the Police Chief or Watch
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Commander shall be guaranteed two -hour minimum payment at straight time.
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A. Sworn personnel shall be guaranteed two hours at straight time when participating
in range qualification training when off duty.
B. Each sworn employee who shoots for qualification shall be provided 100 rounds
of practice ammunition each month.
OVERTME — COMMUNICATIONS SUPERVISORS
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Overtime is defined as all hours worked in excess of 40 hours worked in a workweek.
Vacation, holidays, sick leave, IOD and compensatory time off shall be considered
hours worked when computing overtime.
Communication Supervisors shall be eligible for overtime pay.
OFFEEK87L A l' ► _ •►I
Overtime shall be compensated in cash at time and one half the employee's regular
rate of pay or in time off compensated at time and one half..
DIFIEFFFBIT"M kilo Zia DIMA 110118 18ILTA 0:14) -a F1 N 1111ORM EN, Its
Whenever an employee is required by the department to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work
actually performed.
9.15 CALL RACK
Effective the first full pay period upon ratification, employees called back to work at
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hours not contiguous to their normally scheduled shift shall be guaranteed a three -hour
minimum payment at time and one half. Unanticipated emergency call -backs
(criminal investigations, emergency evacuations, natural disasters, civil unrest,
SWAT, etc.) will include a total 30 minutes for travel time.
MFr.IMFeTeWJ : lul
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one -half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
3OFFAMMOM MITI 0 an :1 ZI 1►
Employees who are required to attend roll call briefing and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
• : s RRTM
Employees called back for training sessions, authorized by the Police Chief or Watch
Commander, shall be guaranteed two -hour minimum payment at time and one -half.
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Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other Thursday.
This disbursement schedule is predicated upon normal working conditions and is subject to
adjustment for cause beyond the City's control.
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Employees filling these positions shall receive $25,000 term life insurance, paid by
the City, for recognition of their management responsibilities. Non -sworn employees
shall continue to be covered under the City's long -term disability insurance plan.
ffiNJEWTOW, 115 •►1R •►
An officer's place of residence shall be within a one hour driving radius from the San
Luis Obispo Police Department.
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12.1 CONTRIBUTION
City agrees to contribute $400.00 per month for medical, dental, vision and life
insurance for each regular, full -time employee covered by this Agreement. Less than
full -time employees shall receive a prorated share of the City's contribution.
Effective the month following ratification, the City's contribution shall be modified
and increased as follows:
Employee $290.00
Employees Plus One $540.00
Family $690.00
Employees shall be eligible for the City contributions set forth above based on the
number of dependents they enroll in the PERS Health Benefit Program. Employees
opting out of health coverage as provided for below, shall also receive payment at the
employee only level.
12.2 INST 1R ANCR COVER ACTE
PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program with the
"unequal contribution option" at the PERS minimum contribution rate, currently
$16.00 per month for active employees and $1.00 per month for retirees. The City's
contribution toward retirees shall be increased by 5% per year of the City's
contribution for the active employees until such time as the contributions for
employees and retirees are equal. The City's contribution will come out of that
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amount the City currently contributes to employees as part of the Cafeteria Plan. The
cost of the City's participation in PERS will not require the City to expend additional
funds toward health insurance beyond what is already provided for above in Section
A. In summary, this cost and any increases will be bome by the employees..
Employees with proof of medical insurance elsewhere are not required to participate in
the PERS Health Benefit Program and may receive the unused portion of the City's
contribution (after dental and vision is deducted) in cash in accordance with the City's
Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed
in the Retiree Health Insurance Account. This account will be used to fund the Retiree
Health Insurance Account. This account will be used to fund the City's contribution
toward retiree premiums and the City's costs for the Public Employee's Contingency
Reserve Fund and the Administrative Costs. However, there is no requirement that
these funds be used exclusively for this purpose nor any guarantee that they will be
sufficient to fund retiree health costs, although they will be used for negotiated
employee benefits.
Employees will be required to participate in the City's dental and vision plans at the
employee only rate. Should they elect to cover dependents in the City's dental and
vision plans, they may do so, even if they do not have dependent coverage under
PERS.
12.5 Life Insurance
Employees in the Police Staff Officers Unit shall have life insurance coverage of
20
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Twenty Thousand Dollars ($20,000).
The Association shall appoint one voting representative to serve on a Medical Plan
Review Committee. In addition, the Association may appoint one non - voting
representative to provide a wider range of viewpoint for discussion.
1. Review and suggest changes for the City's flexible benefits plan and the
insurance plans offered under the MOA.
2. Submit to the City and its employee associations recommendations on
proposed changes for the City's flexible benefits plan and the insurance
plans offered under the MOA.
3. Disseminate information and educate employees about the City's flexible
benefits plan and the insurance plans offered under the MOA.
4. Participate in other related assignments requested by the City and its
employee associations.
1. The actions of the Medical Plan Review Committee shall not preclude the
Association and the City from meeting and conferring.
2. No recommendation of the Medical Plan Review Committee on matters
within the scope of bargaining shall take effect before completion of meet
and confer requirements between the City and Association.
3. If changes to the City's flexible benefits plan are subject to meet and
confer requirements, the City and the Association agree to meet and
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confer in good faith.
4. In performing its duties, the Medical Plan Review Committee may
consult independent outside experts. The City shall pay any fees incurred
for this consultation, provided that the City has approved the consultation
and fees in advance.
C. City agrees to continue its contribution to the Cafeteria Plan for two pay
periods in the event that an employee has exhausted all paid time off due to an
employee's catastrophic illness. That is, the employee shall receive the regular
City health benefit contribution for the first two pay periods following the pay
period in which the employee's accrued vacation and sick leave balances reach
zero.
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13.1 The City agrees to provide the Public Employees' Retirement System's (PERS) 2% at
age 50 plan to all sworn personnel and 2% at age 55 for all non -sworn personnel.
The 2% at age 50 plan includes four amendments, namely, Post Retirement Survivor
Allowance, the 1959 Survivor's Benefit, Level Four, age 50 voluntary retirement,
military service credit, and one -year final compensation and conversion of unused sick
leave credit to additional retirement credit. The 2% at 55 plan has three amendments,
1959 Survivor's Benefit, Level Four, one year final compensation, military service
credit, and conversion of unused sick leave credit to additional retirement credit.
Effective no later than March 1, 2003, the City shall amends its' PERS Public
Employees Retirement System program to the full formula 3% at 50 plan for all sworn
personnel. Effective no later than February 1, 2003, the City shall amend its PERS
program to provide the 2.7% @ 55 program for all Miscellaneous personnel.
miscellaneous employees shall pay the additional 1% employees contribution.
13.2 The City has discontinued paying the employees' share of the PERS Contribution
(9 %). The 9% is included to the base salary schedule, and reported as compensation to
PERS. The employee will pay directly to PERS their contribution amount on a pre -tax
basis pursuant to Section 414 (h) (2) of the Internal Revenue Code (IRC).
13.3 The employee will be responsible for any and all tax liability incurred should the IRC
provision become invalid.
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ARTICLE 14
14.1 Each employee required to wear a uniform shall receive an annual uniform allowance
as provided below and is expected to purchase and maintain in good repair all
required uniform pieces.
14.2 The uniform allowance shall be:
1 July, 2002 $850.00
1 July, 2003 $900.00
14.3 This shall be issued to the employee with the first payroll check each July.
14.4 If an employee is off duty for more than three pay periods, the following July's
allowance shall be reduced by the appropriate prorated amount.
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15.1 The following days of each year are designated as paid - holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Presidents' Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September- Labor Day
September 9 — California Admission Day
Second Monday in October — Columbus Day
November 11 - Veteran's Day
Fourth Thursday in November Thanksgiving Day
Friday after Thanksgiving
One -half day before Christmas Day
December 25 - Christmas
One -half day before New Year's Day
15.2 Each employee shall earn 4.33 hours of holiday leave semi - monthly, in lieu of fixed
holidays.
Such employees shall receive payment at straight time hourly rate fora portion of their
earned holiday leave (2.16 hours) each semi - monthly payroll period. The
Communications Supervisor and Police Records Manager shall transition to this
holiday system effective January 2003.
15.3 The remainder of the employee's annual holiday leave (52 hours) shall be advanced to
the employee effective the first payroll period in January of each year. Such holiday
leave may be taken off by the employee with the approval of the Police Chief or his
designee. .
15.4 Each calendar quarter, an employee has the option of receiving payment for one - fourth
(1/4) of his/her advanced holiday leave. The combination of holiday leave taken off
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and payment of advanced holiday time, may not exceed 52 hours. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
employee at the straight time rate. .
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share, the value of the overage will be deducted from the employee's final
paycheck.
OR
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16.1 Each incumbent of a 40 hour week line -item position shall accrue vacation leave with
pay at the rate of 96 hours per year of continuous service since the benefit date for the
first five years, 120 hours per year upon completion of five years, 144 hours per year
upon completion of ten years, and 160 hours upon completion of twenty years.
Employees scheduled for more than 40 hours a week shall receive the equivalent
number of vacation days pro -rated to the number of regularly scheduled work hours.
16.2 An incumbent is not eligible to use vacation leave until accrued.
16.3 A regular employee who leaves the City service shall receive payment for any unused
vacation leave.
16.4 Vacation schedules must be reviewed by the Chief or his/her designee prior to the
scheduled vacation. Vacation schedules will be based upon the needs of the City and
then, insofar as possible, upon the needs of the City and then, insofar as possible, upon
the wishes of the employee. The department may not deny an employee's vacation
request if such denial will result in the loss of vacation accrual by the employee,
except that, management may approve a two month extension of maximum vacation
accrual. However, in no event shall more than one such extension be granted in any
calendar year.
16.5 Any employee who is on approved vacation leave and becomes eligible for sick leave
as defined in Section 2.36.420A of the Personnel Rules &
Regulations may have such time credited as sick leave under the following conditions.
A. A physician's statement certifying that illness, injury or exposure to contagious
`VA
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disease has occurred is presented to the supervisor upon returning to work.
B. The vacation leave immediately ends and the employee reports to work
following the end of sick leave usage.
16.6 Vacation leave shall be accrued as earned each payroll period, provided that not more
than twice the annual rate may be carried over to a new calendar year. It shall be the
responsibility of the employee to plan vacations and receive departmental approval in
a timely manner.
16.7 All employees in this unit are eligible once annually in December, to request payment
for up to 40 hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory.
W.
17.1 The Administrative Sergeant, Lieutenants, Captain, Police Records Supervisor and
Communications Manager are exempt from paid overtime except as specifically
authorized by the Police Chief due to extraordinary circumstances. In general,
management employees are expected to work the hours necessary to successfully carry
out their duties and frequently must return to work or attend meetings and events
outside their normal working hours.
17.2 In recognition of these requirements and the 24 -hour staffing requirements of Police
Departments, all members of this unit who are designated as exempt in Section 17.1
above shall be afforded flexibility in managing their work load and time and are
eligible to take a maximum of 64 hours per calendar year of Administrative Leave,
except for the Police Records Supervisor who shall receive 48 hours. Such leave may
be taken at any time during the year. However, in cases where an individual is not
actively employed in an exempt position with the city during the full year such leave
shall be prorated or if the yearly amount earned is changed during the year the
amounts shall be prorated. For purposes of computing monthly amounts the rate of
5.33 hours per month may be used.
17.3 Exempt employees understand that the nature of their jobs require that they will work
additional hours outside of their regularly scheduled shifts for such activities as
occasional meetings, paybacks, briefings, shift preparation, etc. Subject to the
approval of the Bureau Commander, exempt employees may shift adjust for such
things as court, administrative assignments, filling shift vacancies, lengthy or frequent
meetings, training, etc.
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18.1 Accumulation of sick leave days shall be unlimited.
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18.2 Upon termination of employment by death or retirement, a percentage of the dollar
value of the employee's accumulated sick leave will be paid to the employee, or the
designated beneficiary or beneficiaries according to the following schedule:
A. Death - 25%
B. Retirement and actual commencement of PERS benefits:
1. After twenty years of continuous employment - 20%
2. After twenty-five years of continuous employment — 25%
3. After thirty years of continuous employment — 30%
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19.1 An employee may take up to 16 hours of sick leave per year if required to be away
from the job to personally care for a member of his/her immediate family.
19.2 An employee may take up to 40 hours of sick leave per year if the family member is
part of the employee's household.
19.3 An employee may take up to 56 hours of sick leave per year if the family member is
part of the employee's household and is hospitalized. The employee shall submit
written verification of such hospitalization.
19.4 For purposes of this article, immediate family is defined as spouse, child, brother,
sister, parent, parent -in -law, step - parent, step - brother, step - sister, grandparent, or any
other relative living in the same house hold.
19.5 The amounts shown in 19.1, 19.2 and 19.3 above are annual maximums, not
maximums per qualifying family member.
19.6 If the family member is a child, parent or spouse, an employee may use up to 48 hours
annually to attend to the illness of the child, parent or spouse, instead of the annual
maximums in paragraphs 19.1 and 19.2, in accordance with Labor Code Section 233.
19.7 In conjunction with existing leave benefits, unit employees with one year of City
service who have worked at least 1280 hours in the last year, may be eligible for up to
12 weeks of Family/Medical Leave within any 12 month period. Family/Medical
Leave can be used for:
A. A new child through birth, adoption or foster care (maternal or paternal leave).
B. A seriously ill child, spouse or parent who requires hospitalization or
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continuing treatment by a physician.
C. Placement of an employee's child for adoption or foster care.
D. A serious health condition which makes the employee unable to perform the
functions of his or her position.
19.8 This leave shall be in addition to leave available to employees under the existing four
month Pregnancy - Disability Leave provided by California law. Paid leave, if used
for family leave purposes or personnel illness will be subtracted from the 12 weeks
allowed by the Family/Medical Leave Program. Employees must use all available
vacation, compensatory time off and administrative leave and, if appropriate, sick
leave prior to receiving unpaid Family/Medical Leave.
19.9 Employees on Family/Medical Leave will continue to receive the City's contribution
toward the cost of health insurance premiums. However, employees who receive
cash back under the City's Flexible Benefit Plan will not receive that cash during the
Family/Medical Leave. Only City group health insurance premiums will be paid by
the City.
19.10 If an employee does not return to work following leave, the City may collect from the
employee the amount paid for health insurance by the City during the leave. There
are two exceptions to this rule.
A. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
B. Circumstances beyond the employee's control.
Further details on Family/Medical Leaves, are available through the City's "Guide to
Family/Medical Leave Program ".
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At each employee's option, sick leave may be used to be absent from duty due to the death of
a member of the employee's immediate family, meaning spouse, child, brother, sister, parent,
parent -in -law, step - parent, step - brother, step - sister, grandparent, or any other relative living in
the same household, provided such leave as defined in this Article shall not exceed 40 hours
for each incident. The employee may be required to submit proof of relative's death before
being granted sick leave pay. False information concerning the death or relationship shall be
cause for discharge.
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21.1 Upon request of an employee and upon approval of the Chief of Police, leave credits
(vacation, compensatory time off, or holiday time) may be transferred from one or
more employees (donors) to another employee (recipient). The recipient may
participate in the program under the six following conditions:
A. The recipient is a regular employee.
B. The recipient has sustained a life threatening or debilitating illness, injury or
condition (The Chief may require that the condition be confirmed by a doctor's
report.); or,
C. A member of the recipient's immediate family, as defined in Article 23, has
sustained a life threatening or debilitating illness, injury or condition (The Chief
may require that the condition be confirmed by a doctor's report.).
D. The recipient has exhausted all paid leave; or, in the case of illness of or injury to a
recipient's immediate family member, all allowed leave.
E. The recipient must be prevented from returning to work for at least 30 days and
have applied for a leave of absence without pay for medical reasons. This
condition does not apply when the illness or, injury involves a member of the
recipient's immediate family, rather than the recipient.
F. The request for participation in the program shall be made on an Application for
Catastrophic Leave Program form.
21.2 Transferring Time
The following rules apply when donations of time occur:
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A. Vacation, compensatory time off, and holiday leave may be transferred by regular
employees.
B. The time will be converted from the type of leave given (i.e. vacation, holiday,
etc.) to sick leave or family care leave, whichever is appropriate, and credited to
the recipient's leave time balance on an hour- for -hour basis and shall be paid at the
rate of pay of the receiving employee.
C. The donations must be a minimum of four hours and, thereafter, in whole hour
increments.
D. The total leave credits received by the employee shall normally not exceed three
months; however; if approved by the Chief, the total leave credits received may be
up to a maximum of six months.
E. Recipients of family care leave will be allowed to use all hours received, up to the
limits of this policy (see D. above), even though such use exceeds the limits for
family care leave found in Article 23.
F. Donations approved shall be made on a Donation of Time Credits form signed by
the donating employee. These donations are irrevocable under any conditions.
21.3 Appeal Rights
If an employee is denied participation in the program by the Chief, he /she may appeal
this initial decision jointly to the Director of Human Resources.
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ARTICLE 22
WORKERS' COMPENSATION T.RAVE
Any employee who is absent from duty because of on-the-job injury in accordance with State
Workers' Compensation law and is not eligible for disability payments under Labor Code
Section 4850 shall be paid the difference between his base salary and the amount provided by
Workers' Compensation law during the first 90 business days of such disability absence.
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Any regular or probationary City employee, when duly called to serve on any jury, and
when not excluded there from, or when subpoenaed to appear as a witness at any trial,
shall be compensated for the time required to be spent under the jurisdiction of the
court by an amount equal to the difference between the pay he /she received as a juror
and his/her regular daily rate received from the City. The difference between the time
required to be spent on jury duty and the normal workday of the employee shall be
spent performing the employee's regular job assignments unless the department head,
upon approval of the Director of Human Resources, determines this not to be practical.
ull 1
Any line -item employee shall receive normal salary and fringe benefits during the first
thirty days of any period of temporary military leave. Such compensation shall not
exceed thirty calendar days in any one fiscal year. Any temporary military leave in
excess of thirty days in one fiscal year shall be taken as vacation leave or leave of
absence without pay.
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21.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of
the personnel rules and regulations or of any Memorandum of Agreement, excluding
disciplinary matters, or any existing written policy or procedure relating to wages,
hours or other terms and conditions of employment excluding disciplinary matters.
21.2 Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate supervisor
shall discuss the grievance with the supervisor's immediate superior. The
employee shall have the right to choose a representative to accompany him/her
at each step of the process. If the matter can be resolved at that level to the
satisfaction of the employee, the grievance shall be considered terminated.
B. If still dissatisfied, the employee may immediately submit the grievance in
writing to the Police Chief for consideration, stating the facts on which it was
based, including the provision of the rules, regulations, or agreement said to be
violated, and the proposed remedy. This action must take place within 15
business days of the occurrence of the grievance. The Police Chief shall
promptly consider the grievance and render a decision in writing within 15
business days of receiving the written grievance. If the employee accepts the
Police Chiefs decision, the grievance shall be considered terminated.
C. If the employee is dissatisfied with the Police Chiefs decision, the employee
may immediately submit the grievance in writing to the Human Resources
Director within five business days of receiving the Police Chief s decision. The
O 1�)
Human Resources Director shall confer with the employee and the Police Chief
and any other interested parties, and shall conduct such other investigations as
may be advisable.
D. The results or findings of such conferences and investigations shall be submitted to the
City Administrative Officer in writing within fifteen (15) business days of receiving
the employee's written request. The City Administrative Officer will meet with the
employee if the employee so desires before rendering a decision with respect to the
complaint. The City Administrative Officer's decision shall be in writing and given to
the employee within 15 business days of receiving the Human Resources Director's
results and findings. Such decision shall be final unless the employee desires the
Personnel Board to review the decision. If such is the case, the employee will have
five business days following receipt of the City Administrative Officer's decision to
submit a written request to the Personnel Board through the Human Resources
Director for a review of the decision. The Personnel Board within 30 business days
shall review the record and either (1) issue an advisory opinion to the City
Administrative Officer; or (2) conduct a hearing on the matter. If a hearing is held, an
advisory opinion shall be rendered by the Board within 10 business days of the close
of such hearing. If an opinion signed by at least three (3) members of the Personnel
Board recommends overruling or modifying the City Administrative Officer's
decision, the City Administrative Officer shall comply or appeal this recommendation
to the City Council. Such appeal shall be filed with the City Clerk within three
business days of the Board's action. If appealed, the City Council shall review the
case on the record and render a final decision within 15 business days of submittal.
39
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Except in regards to disciplinary suspensions of less than one work week, the standards for the
discipline of exempt employees shall generally be consistent with the standards for discipline
of non - exempt employees. Thus, such exempt employees may be subject to termination,
demotion or reduction in compensation for any of the reasons set forth in Section 2.36.320 of
the Personnel Rules and Regulations. In conformity with the Fair Labor Standards Act, a
disciplinary suspension of less than one week may be imposed only for a violation of city
safety rules of major significance. Minor violations of rules and regulations may result in
lesser disciplinary actions, such as oral or written reprimands, counseling, or special training,
etc.
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A. Mediation may be requested only after the possibility of settlement by direct
discussion (meet and confer) has been exhausted. Mediation may be requested by
scheduling a meeting with the Employee Relations Officer (CAO).
1. The Employee Relations Officer shall convene a meeting between the chief
negotiator for the Association, one other representative of the Association, the
Employee Relations Officer and one other representative of the City:
a. To review the position of the parties in a final effort to reach
agreement or reduce the points of disagreement; and
b. If agreement is not reached, to make arrangements for mediation.
B. Following the meeting with the Employee Relations Officer, only the disputed
issues shall be submitted to mediation. The mediator shall be selected from the
State Mediation and Conciliation Service by mutual consent. All mediation
proceedings shall be private and confidential and the mediator shall make no
public recommendation nor take any public position at any time concerning the
issue. Any fees or expenses of mediation shall be shared equally by the City
and the Association..
C. Mediation shall be terminated if agreement has not been reached in 30 days
unless extended by mutual agreement.
1011111 2
A. If mediation fails to resolve all issues, the unresolved issues shall be referred to
41
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"fact- finding." The fact -finder shall be selected by mutual consent.
B. The City and the Association shall submit its position on each unresolved issue
and its last offer of settlement to the fact - finder. After due consideration, the
fact -finder shall recommend on each issue using factors traditionally taken into
consideration in determination of wages, hours and other terms and conditions
of employment in the public sector.
C. Within 10 days of commencing fact - finding, recommendations of the fact-
finder shall be reported in writing at a meeting of representatives of the City
and the Association. Each party shall accept, reject or propose alternatives to
the fact - finder's recommendations. Any recommendations or alternatives not
accepted by both parties within 15 days of receiving the fact-finder's
recommendations will be presented to the City Council.
D. After a hearing where the chief negotiator for the Association, one other
representative of the Association, the Employee Relations Officer and one other
representative of the City have presented their position on the fact - finder's
recommendations, the City Council may accept or reject any recommendation.
All proceedings and recommendations of fact - finding shall be private and
confidential. Any fees or expenses shall be equally shared by the City and the
Association.
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SWAT team members are required to maintain a higher standard of physical fitness than the
normal employee. The City will reimburse each SWAT team member who voluntarily joins a
physical fitness gym for the cost of the membership and monthly charges up to a maximum
yearly rate of $375.00 per member. At the City's request each member requesting
reimbursement may be required to provide proof of membership and active participation.
43
28.1 The City and the Association agree to meet and confer on the salary of the
Communications Manager at the conclusion of the classification study in progress at
the time of ratification.
28.2 Effective July, 2003, the City and Association agree to meet and confer on a
modification to the health insurance contribution in Section 12.1.
28.3 Upon the request of either the Association or the City, the parties agree to meet and
confer on the subject of retirement benefits if agreed to by the SLOPOA. Examples
include, but are not limited to the Deferred Retirement Option Plan. Any
enhancements to the retirement plan would be cost neutral to the City.
28.4 Should new uniform requirements be implemented for employees not currently
required to wear uniforms, the City and Association shall meet and confer on the
appropriate uniform allowance amount.
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It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City and
the Association except as specifically referred to in this Agreement. In the event any new
practice or subject matter arises during the term of this Agreement and an action is proposed
by the City, the Association will be afforded notice and shall have the right to meet and confer
upon request.
45
C
If any provisions of this Agreement should be held invalid by operation of law or by any court
of competent jurisdiction, or if compliance with or enforcement of any provision should be
restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and
the parties shall enter into a meet and confer session for the sole purpose of arriving at a
mutually satisfactory replacement for such provision within a 30 day work period. If no
agreement has been reached, the parties agree to invoke the provision of impasse under
Section 13 of City Resolution No. 6620.
Cr9
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This Agreement shall become effective as of July 1, 2002, except that those provisions which
have specific implementation dates, shall be implemented on those dates and shall remain in
full force and effect until midnight June 30, 2004.
47
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For the purpose of administering the terms and provisions of the Agreement:
A. The Association's principal authorized agent shall be the President
(address: 1042 Walnut Street, San Luis Obispo, California 93401; telephone:
(805) 781 - 7313).
B. Management's principal authorized agent shall be the Human Resources Director
or his/her duly authorized representative (address: 990 Palm Street, San Luis
Obispo, California 93401; telephone: (805) 781 - 7252).
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1. Classifications covered by this Agreement and included within this unit are Police
Sergeant, Police Lieutenant, Police Captain, Communications Supervisor, Police
Records Supervisor and Communications Manager
2. This Agreement does not apply to Temporary Employees or Part-time Employees.
This Agreement was executed on October 15, 2002, by the following parties:
nkm Gk
Ann Slate, Human Resources Director
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Karen Jenny, #'sk Inager
Steve 'l 1/1 President, SLOPSOA
JoAazouri :.. ` ..
.,
Silva, Board Member
O O
RESOLUTION NO. 9372 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE CITY OF SAN LUIS OBISPO'S 2002 TRANSIT FLEET ACTION
PLAN IN ACCORDANCE TO THE REQUIREMENTS OF THE CALIFORNIA AIR
RESOURCES BOARD (CARB)
WHEREAS, the California Air Resources Board (CARB) is authorized to make
regulatory amendments to reduce emissions from mobile sources; and
WHEREAS, these amendments require the City of San Luis Obispo to meet certain
obligations in the purchase, maintenance and upgrading of public transit buses used in revenue
service; and
WHEREAS, it is required by the California Air Resources Board, in accordance with the
provisions of Title XIII of the California Code of Regulations, Sections 1956.1 — 1956.4 that the
City select a compliance path and notify CARB of its intent to follow that path; and
WHEREAS, the City declared the clean diesel path on February 6, 2001; and
WHEREAS, the tiered implementation and deferred implementation are viable options
for the City to meet the CARB mandates;
WHEREAS, the City has less than twenty heavy duty transit coaches and operates within
a one -hour ozone attainment district and is eligible to defer implementation to January 1, 2007;
NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis
Obispo, who operates SLO Transit:
1. Authorizes the City Administrator Officer to exercise the deferred
implementation; and
2. Authorizes the City Administrator Officer to decommission one pre -1991 heavy
duty transit vehicle, placing the decommissioned vehicle into the inactive fleet, and utilize it for
spare parts; and
3. Authorizes the City Administrator Officer to install CARB certified particulate
matter filtering devices in two heavy duty transit vehicles; and
4. Authorizes the City Administrator Officer to comply with the CARB mandates by
either installing the balance of the heavy duty transit vehicle fleet with CARB certified
particulate matter filtering devices and/or other equipment, including complete power modules,
to comply with the CARB emission standards and mandates.
R 9372
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Resolution No. 9372 (2002 Series)
Page 2
Upon motion of Council Member Mulholland, seconded by Vice Mayor Marx, and the
following roll call vote:
AYES: Council Members Ewan and Mulholland, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: Council Member Schwartz
the foregoing resolution was adopted this 15`h day of October 2002.
Mayor Allen K. Settle
?ATTEST(
ems?
Lee Pie, C.M.C.
City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 9371 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING CITY OF SAN LUIS OBISPO HUMAN RESOURCE'S STAFF ACCESS
TO DEPARTMENT OF JUSTICE CONFIDENTIAL INFORMATION
WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) authorize cities, counties
and districts to access state and local summary criminal history information for employment,
licensing or certification purposes; and
WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) require that there be a
requirement or exclusion from employment, licensing, or certification based on specific criminal
conduct on the part of the subject of the record; and
WHEREAS, Penal Code Sections 11105(b)(10) and 13300(b)(10) require the city council,
board of supervisors, or governing body of a city, county or district to specifically authorize access
to summary criminal history information for employment, licensing, or certification purposes.
NOW, THEREFORE, BE IT RESOLVED, that the City of the City of San Luis Obispo
is hereby authorized to access summary criminal history information for employment (including
volunteers and contract employees), licensing, or certification purposes; and
BE IT FURTHER RESOLVED, that the City of San Luis Obispo shall not consider a
person who has been convicted of a felony or misdemeanor involving moral turpitude eligible for
employment (including volunteers and contract employees), or licensing, except that such
conviction may be disregarded if it is determined that mitigating circumstances exist, or that the
conviction is not related to the employment, volunteerism or license in question.
Upon motion of Vice Mayor Marx, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Ewan and Mulholland, Vice Mayor Marx, and
Mayor Settle
NOES: None
ABSENT: Council Member Schwartz
The foregoing resolution was adopted this 15th day of October 2002
City Clerk
Mayor Allen K.
R 9371
Resolution No.9371 (1997 Series)
Page 2
APPROVED AS TO FORM:
1
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RESOLUTION NO. 9370 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING THE PASSAGE OF THE HOUSING AND EMERGENCY
SHELTER TRUST FUND ACT OF 2002
WHEREAS, a continuing major goal of the City Council is the implementation of
programs to provide affordable housing options within the community; and
WHEREAS, approximately 220,000 housing units need to be produced in
California each year to meet demand; yet only four times in the last 20 years has the production
target been reached; and
WHEREAS, while the national homeownership rate has reached a record high,
California is about 10 percent below the national average (67.8 percent) and ranks 48' in the
nation; and
WHEREAS, over one -third of all renter families statewide pay over half their incomes in
rent; over one -half of all low- income renter families pay over half their income in rent; and
almost three out of every four very low- income renter families pay over half their incomes in
rent; and
WHEREAS, the Department of Housing and Community Development estimates that
there are over 360,000 homeless individuals in California, and other data discloses that one -third
of the homeless population, and the segment increasing most rapidly are families with children;
and
WHEREAS, there is an urgent need to provide affordable housing to meet the
increasingly unfulfilled housing needs for a growing segment of our population in the state and
the City of San Luis Obispo; and
WHEREAS, there is an immediate need to reaffirm the commitment to the housing
policy of the state and to help implement local housing programs by providing sufficient
financial resources to do so over a reasonable period of time; NOW THEREFORE
BE IT RESOLVED, that the City Council of the City of San Luis Obispo supports the
passage of the Housing and Emergency Shelter Trust Fund Act of 2002 - Proposition 46 on the
November 5, 2002 statewide ballot.
MX11
• O
Resolution No. 9370 (2002 Series)
Page 2
On motion of Vice Mayor Marx, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Ewan and Marx, Vice Mayor Marx, and Mayor Settle
NOES: None
ABSENT: Council Member Schwartz
the foregoing resolution was passed and adopted this 15' day of October 2002.
Mayor Allen
ATTEST:
W
Lee Price, C
City Clerk
APPROVED AS TO FORM:
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o
RESOLUTION NO. 9369 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2366
WHEREAS, the City Council made certain findings concerning tentative Tract 2366, as
prescribed in Resolution No. 9066 (2000 Series), and
WHEREAS, the City Council made additional findings concerning a one -year time
extension to file a final map, as prescribed in Resolution No. 9351 (2002 Series), and
WHEREAS, the subdivider has submitted surety bonds in the total amounts of $311,000
(Faithful Performance) and $155,500 (Labor & Materials) to guarantee installation of the
required subdivision improvements shown on the approved plans, and all fees have been
received, as prescribed in the attached subdivision agreement, marked "Exhibit A ", and
WHEREAS, the Community Development Director has approved the Covenants,
Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities
and common areas, and
WHEREAS, all other conditions required per said Resolution No. 9066 (2000 Series) have
been met or guaranteed.
NOW THEREFORE, BE IT RESOLVED that the final map for Tract No. 2366 is found
to be in substantial compliance with the vesting tentative map and final map approval is hereby
granted.
The Mayor is hereby authorized to execute the attached Subdivision Agreement, for the
benefit of the subdivision.
On motion of Council Member Mulholland, seconded by Council Member Ewan and on the
following roll call vote:
AYES: Council Member's Ewan, Mulholland and Schwartz, Vice Mayor Marx,
and Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this ls` day of October 2002
e�
Mayor Allen K. Settle
Lee Price, C.M.C.
City Clerk
R 9369
o
Resolution No. 9369 (2002 Series)
Page Two
Ze PR VED AS TO FORM:
v
e y G. Jorgensen
City Attorney
SUBDIVISION AGREEMENT
TRACT 2366
THIS AGREEMENT is dated this day of 62002 by and
between Stone Creek Development, A California General Partnership, herein referred to
as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision of real
property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a
description of which is shown on the Final Map of Tract 2366, City of San Luis Obispo,
California, as approved by the City Council on the day of Ay imP 2002.
The Subdivider desires that said Tract No. 2366 be accepted and approved as a
Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17
of the San Luis Obispo Municipal Code), and
It is a condition of said regulations that the Subdivider agrees to install the
improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby agree to construct
and install the following subdivision improvements in accordance with said subdivision
regulations, and in accordance with approved plans and specifications on file in the office
of the City Engineer, City of San Luis Obispo, to wit:
1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line
and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. STREET LIGHTING
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the
inspection and approval of such facilities by the City, each public utility shall be
required to file a letter stating that the developer has properly installed all facilities to
be provided by him, and that the said utility is prepared to provide service to
residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations designated and to the plans and
specifications on file and approved by said City Engineer.
The lines and grades for all of said improvements shall be established by the
Subdivider in accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall
begin within thirty (30) days from the date of recording of the final map, and that the work
shall be completed within eighteen (18) months of said recording date, unless an
extension has been granted by the City, provided that if completion of said work is delayed
by acts of God or labor disputes resulting in strike action, the Subdivider shall have an
additional period of time equivalent to such period of delay in which to complete such
work. Any extension of time hereunder shall not operate to release the surety on the
Improvement Security filed pursuant to this agreement. In this connection, the surety
waives the provisions of Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after the expiration date
of the agreement until completion and acceptance of all public improvements unless
specifically approved by the City.
•
j
The Subdivider does also agree to comply with the conditions established by the
Planning Commission and /or the City Council and has paid the necessary fees as
indicated on the attached Exhibits 1 and 2.
The restoration of lost section comers and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the
Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the
State of California.
The Subdivider attaches hereto, as an integral part hereof, and as security for the
performance of this agreement, an instrument of credit or bond approved by and in favor
of the City of San Luis Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of $ 311,000 that is the
amount of the estimated cost of said 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 release
all but 10% of the improvement security, that amount being deemed sufficient to guarantee
faithful performance by the Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one year following the completion and acceptance
thereof.
Completion of the work shall be deemed to have occurred on the date which the
City Council shall, by resolution duly passed and adopted, accept said improvements
according to said plans and specifications, and any approved modifications thereto.
• �J
Neither periodic nor progress inspections or approvals shall bind the City to accept said
improvements or waive any defects in the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the
Subdivider agrees that City may, at its option, declare the instrument of credit or bond
which has been posted by Subdivider to guarantee faithful performance, forfeited and
utilize the proceeds to complete said improvements, or city may complete said
improvements and recover the full cost and expense thereof from the Subdivider or his
surety.
The Subdivider has deposited with the City a labor and materials surety in the
amount of 50% of the above described subdivision improvements ($155,500) in
accordance with State law.
Said Subdivider has paid an inspection fee of $ 21,610 for City to inspect the
installation of said subdivision improvements, and to verify that they have been completed
in accordance with the plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file with said City Engineer as a part of said Subdivision Map, and all
other documents filed with the City by the Subdivider and approved by the City Engineer
are hereby referred to for further particulars in interpreting and defining the obligations of
the Subdivider under this agreement.
It is understood and agreed by and between the Subdivider and the City hereto that
this agreement shall bind the heirs, executors, administrators, successors and assigns of
the respective Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the successful bidder's contract
unit prices and total bid prices for all of the improvements herein referred to.
N
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IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBISPO SUBDIVIDER
Stone Creek Development,
A California General Partnership
MAYOR Allen k. Se le Stacy Tol y, General Pjartner
ATT ST:
CITY CLERK Lee Price
APP VED AS TO FORM:
ITY A / effrey G. Jorgensen
• •
EXHIIT 1
TRACT 2366
SUBDIVISION AGREEMENT
1. The Subdivider has deposited a monumentation guarantee in the amount of $2,800 for
Monument Bond to cover the installation of survey monuments in accordance with the
approved map and payment for same. This guarantee will be released to the Subdivider
upon receipt by the City of a letter from the Engineer indicating that they have completed
the work and have been paid.
2. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2.
3. Sewer Lift station fees have been paid, as listed in the attached EXHIBIT 2. These fees
include the pro rata share of the Rockview/Tank Farm Lift Station System. (Area in acre x
3 gpm x $131.55 /gpm)
4. Water and sewer impact fees shall be paid at time of building permits through the
Community Development Department, Building Division, per the fee schedule in effect at
the time of the Vesting Map.
5. Transportation impact fees shall be paid at time of building permits through the Community
Development Department, Building Division, per the fee schedule in effect at the time of the
Vesting Map.
6. The subdivider of this tract shall reimburse the subdivider of Tract 2289 for their pro-rata
share of the sewer and water lines installed in Fuller Road and bridge over the creek on
Fuller Road, in accordance with City regulations (16.44.090 and 16.44.09 1) and as approved
by the Public Works Director. The estimate of this reimbursement is shown in exhibit 2 for
guarantee purposes, with the actual amount of reimbursement based on paid receipts and a
certified statement of costs as approved by the Public Works Director, less the amount
reimbursed to the developer of Tract 2289 for the oversizing of the sewer and water mains,
in accordance with the above- mentioned City regulations.
7. The subdivider shall comply with all requirements of Council Resolution No 9066 (2000
series) approving the tentative map.
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EXHIBIT 2
TRACT 2366 -FEE AND BOND LIST
Amount Form of Surety Date Received
Bonds and Guarantees:
Faithfitl Performance
$311,000
t'-e4.4ee- 6.,rC r f
yJ Q2
Labor & Materials (50% of total
$155,500
� !
cost of improvements)
21 Ld 2-
Monument Guarantee
$2,800
CD er of Credit
Rough Grading & Stockpile
$3,750
CD
1115101
Estimate of Reimbursement
Guarantee to Tract 2289
Developer
Fuller Road Bridge (9.86 %)
$47,500
Fuller Road Water Main'
$5,950
Fuller Road Sewer Mainz
$13,100
CD or Letter of Credit
$66,550
Total
Fees:
Map Check Fee
$2098.00
Check
2/6/01
Plan Check Fee
$5,262.00
Check
2/6/01
Inspection Fee
$21,610.00
Prepayment for Early Grading
_$500.00
Check
1015101
Remaining Due
$21,110.00
Check
6/3/02
Rockview/Tank Faris Lift Station
$1,013.70
Fee
Park In -Lieu Fee/ Potential
$42,960.00
Check
7/22/02
Additional Single Family
Residential
(14 lots - 3 existing lots - 1 linear
ark lot ) x $4,296/lot
Water Impact Fee
Due with each building permit at the rate in effect at the time of permit.
Wastewater Impact Fee
Due with each building permit at the rate in effect at the time of permit.
Transportation Impact Fee
Due with each building permit at the rate in effect at the time of permit.
Affordable Housing Requirements
Due with each building permit at the rate of 5% of Building Value per City
In -lieu Housing Fee
I of San Luis Obispo M. C. 17.91.060
' Frontage Charge (36.88 meter x $354.61 /meter). Laterals for lots 1 and 2, 200mm stub into La Posada and charge for increased
depth paid directly to contractor.
' Frontage Charge (36.88 meter x $161.15 /meter). Services for lots 1 and 2, and.200mm stub into La Posada paid directly to
contractor.
C O
RESOLUTION NO. 9368 (2002 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING THE "CONSERVATION GUIDELINES FOR OPEN SPACE LANDS
OF THE CITY OF SAN LUIS OBISPO"
WHEREAS, the City of San Luis Obispo has adopted policies for protection,
management, and public use of open space lands acquired by the City; and
WHEREAS, the City of San Luis Obispo has acquired and manages eleven open space
areas totaling approximately 2,500 acres; and
WHEREAS, the City Council desires to have such policies applied to those open space
lands in an appropriate and consistent manner.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo hereby
1. Adopts as City policy the "Conservation Guidelines for Open Space Lands of the City
of San Luis Obispo' (Exhibit A); and
2. Directs the City Administrative Officer to undertake all actions necessary and
appropriate to carry out this resolution.
On motion of Council Member Mulholland, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Mulholland, Mayor Settle
NOES: Council Member Schwartz
ABSENT: None
The foregoing resolution was adopted this 17th day of September, 2002.
Lee Price, City Clerk
APPROVED AS TO FORM:
<�/11.,a,�I
� ,.� - _
r Attorney
•9
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Conservation Guidelines for Open Space
. Lands of the City of San Luis Obispo
I,- J--
Prepared by.
The Natural Resources Program
Administration Department
City of San Luis Obispo
990 Palm Street
San Luis Obispo
CA 93401
September 2002
Conservation Guideline or City Open Space Lands
Contents
1. Executive Summary ........................................................... ..............................3
2.
Introduction ........................................................................ ..............................5
3.
Land Use Designations ..................................................... ...............................
7
3.1 Habitat Area ......................................................................................... ............................... 8
12 Management Area/Trail Corridor ......................................................... ............................... 8
3.3 Restoration Area ................................................................................ ...............................
10
3.4 Cultural/Historic Area .................................:......:................................ ...............................
10
3.5 Agricultural Area ........................................:...................................... ...............................
11
4.
General Policies ................................................................ .............................11
4.1 Land and Vegetation Management .................................................... ...............................
11
4.2 Human Activities and Impacts ............................................................ ...............................
15
4.3 Aquatic Systems .................................................................................. .............................17
4.4 Agriculture ............................................................................................ .............................18
4.5 Wildlife Protection ............................................................................:. ...............................
19
5.
Conservation Plan Elements ............................................. .............................20
5.1 Executive Summary ........................................................................... ...............................
21
5.2 Inventory ............................................................................................ ...............................
21
5.3 Goals and Policies ............................................................................. ...............................
21
5.4 Map .................................................................................................... ...............................
21
5.5 Needs Analysis .................................................................................. ...............................
21
5.6 Implementation Strategy ...................................................................... .............................22
5.7 Fiscal Impact of Council Adoption of Conservation Plans ................. ............................... 23
6.
References ........................................................................ .............................24
7.
Glossary ............................................................................ .............................25
8.
Appendix 1 ........................................................................ .............................27
Conservation Guideliner City Open Space Lands O
1. Executive Summary
The policies contained in this report provide guidance on the preparation of
Conservation Plans for property acquired by the City of San Luis Obispo for open
space purposes. They are not applicable to land owned by the City for parks,
utilities, or other non -open space purposes.
Each City-owned open space has unique qualities; this requires each property to
have its own plan to define the uses that will be allowed on the land, and to guide
how the land will be enhanced, maintained and preserved.
The policies contained in this report describe a "tiered" approach to plan
development that begins with the general and then leads to the specific. Each open
space property will be divided into land use categories that define how the property
will be managed. This report describes policies and guidelines applicable to each
land use category.
The final decision on which adopted policies and guidelines apply to individual open
space properties will be made as the Conservation Plan for that property is prepared
and approved. The Conservation Plan will translate policies into specific
improvements, if any, necessary for each property, and give direction on how the
property will be maintained. This report also describes the process by which
Conservation Plans will be prepared and their content.
The concept of categorizing land use, between or within, open space properties has
been adopted to provide a practical means of achieving management objectives. By
dividing an open space property into discrete areas, each with a unique complement
of resources and requirements, the overall management objectives will be achieved
by addressing the needs of smaller units. The proposed land use categories are:
• Habitat Area Land on which the primary objective will be to protect natural
resources essential to the continued existence of native plants and resident
and migratory wildlife.
• Management Area/Trail Corridor — Lands that has the potential to support
low levels of recreational pressure or animal grazing; or those areas that may
be impacted by adjacent land uses. Active management of land in these
areas will be required to facilitate approved activities while protecting valuable
natural resources.
• Restoration Area — Land on which restoration and enhancement of plant and
animal habitats will be pursued in an effort to restore damaged or impacted
natural resources.
• Cultural/Historic Area — Land managed to preserve and/or enhance cultural
or historic resources on the site and provide for their interpretation.
Restorative measures may be implemented if necessary..
3
Conservation Guidelines for City Open Space Lands O
• Agricultural Area — Land that will be managed for the production of row
crops or forage (not include grazing lands) in a manner consistent with the
protection and preservation of natural resources represented on the site.
For each land use category, policies have been developed to direct the
management of the following:
• Land and Vegetation — Includes policies relating to the management of
vegetation, pests, fire, mitigation projects, visual resources and scientific
study.
• Human Activities and Impacts — Includes policies relating to the
management of recreational activities and access.
• Aquatic Systems — Includes policies relating to the management of creeks,
seeps and springs, storm water, riparian vegetation, wetlands and aquatic
habitat restoration efforts.
• Agriculture — Includes policies relating to agricultural practices on city -
owned land.
• Wildlife Protection — Includes policies relating to the protection wildlife,
native plants, wildlife habitat, threatened species and species of special
concern.
The final Conservation Plan for a City open space will include: a description of the
resources represented on the property; an explanation of the land use categories
identified; the management/resource protection goals for each category; an analysis
of the actions required to achieve stated goals; and a description of the anticipated
fiscal impact of adoption of the plan to the City.
4
Conservation Guidelines for City Open Space Lands
2. Introduction
In January 1994, the City Council adopted an updated Open Space Element to the
General Plan for the City of San Luis Obispo, as required by California state law
(Government Code, Title 7, Section 65302). The element's stated goals are to:
• Provide open space, agricultural, and rural lands that meet the needs of
present and future City populations (OS 1.1.1).
• Protect resources (such as creeks, sensitive habitat, and agriculture), and be
sensitive to the factors which allow these resources to remain viable (OS
1.1.2).
• Provide a greenbelt around the City's perimeter to: a) define the urban limit of
San Luis Obispo; b) provide a physical separation between urban
communities; c) protect important agricultural areas from urban uses and
maintain agriculture as an economically viable activity (OS 1.1.3).
• Provide for passive
recreation where
such low intensity
uses will not
damage the
resources that are
being protected,
and preserve lands
as open space or
parkland which
serve as important
linkages between
other open space
lands, parks or
trails (OS 1.1.4).
F
t \Johnson Ranc
Islay Hill -�!: ,
Provide continuing
community
education that Location of City Open Space Lands
underscores the
value of the area's cultural, scenic and natural resources (OS 1.1.5).
The Open Space Element contains numerous policies and programs to achieve the
stated goals. Included among these are policies that govern the operation and
management of City -owned open space (OS 14.2). Section OS 14.2.5E requires
the preparation of plans that specify how City open space will be managed to
provide recreation, resource protection, access, security, and long -term
maintenance and operation. These plans will be prepared, approved and
5
11
i
l l
-
Provide continuing
community
education that Location of City Open Space Lands
underscores the
value of the area's cultural, scenic and natural resources (OS 1.1.5).
The Open Space Element contains numerous policies and programs to achieve the
stated goals. Included among these are policies that govern the operation and
management of City -owned open space (OS 14.2). Section OS 14.2.5E requires
the preparation of plans that specify how City open space will be managed to
provide recreation, resource protection, access, security, and long -term
maintenance and operation. These plans will be prepared, approved and
5
Conservation Guideline• r City Open Space Lands
implemented by the Natural Resources Program with the collaboration of the
appropriate City Departments and input from the public and local agencies.
In recent years the City's open space system has grown rapidly. The amount and
variety of property now in ownership require that the City systematically plan for the
long -term stewardship of these areas. This will be done through the adoption of
guidelines consistent with, and designed to implement the directives of the Open
Space Element of the General Plan adopted in 1994.
City Natural Resources and Parks and Recreation staff, with support from staff from
the Land Conservancy of San Luis Obispo County, have developed these
guidelines to provide direction on the management and preservation of land,
vegetation, aquatic, agricultural; cultural, recreational, and wildlife resources on
City -owned open space.
The goal of these guidelines is to provide a set of standards from which functional
Conservation Plans can be tailored to address the specific requirements of
individual open space properties. Each document will be tiered providing a menu of
activities appropriate to each particular land category (or 'area' as defined in Section
3). The conservation/management recommendations contained within a
Conservation Plan will be based on the unique complement of resources
represented on a property, and the activities and practices approved for it, and the
influences of neighboring land uses.
The final product must be approved by the Planning Commission if it affects issues
of Land Use and the Parks and Recreation Commission if it affects issues of
recreation and must also be approved by the City Council. The final document will
provide information and recommendations on:
• The Prevailing Conditions on the Property A description of the physical,
natural, and biological resources represented on a property (including
species lists and distribution maps), resulting from initial surveys. This will
evolve over time as knowledge of the property increases, resulting from field
studies and observations made during the implementation of management
and resource protection practices.
• Future Goals for the Property - A detailed account of how a property has
been classified (in accordance with the land use designations described in
Section 3), the rationale behind the designations, and the future goals for
each designation.
• Prescribed Means of Achieving Stewardship Goals — A description of the
resource management/protection practices to be implemented, and the
rationale behind the implementation. A detailed account of the duration of
the practice and the ultimate objectives of the practice.
9
3.
Conservation Guideline for City Open Space Lands
Land Use Designations
The concept of categorization of
land among or within individual
open space properties is
proposed. This designation will
provide a means of achieving
the management objectives of
providing a diverse range of
experiences and opportunities,
while protecting natural
resources on the property.
For example, it may be desirable
to manage a portion of a large
area for the protection of a
sensitive species of plant or
animal. Such areas would
remain as natural areas and
would not contain trails or other
types of physical
improvements. In other
locations, managers may want
to designate different types of
open space experience which
allow public use.
When deciding which
designation to assign to a
parcel of land the following
factors will be taken into
consideration:
O
CulturaVHistoric Area
Management Area/
Trail Corridor
Restoration Area
Habitat Area
Overhead view of the Irish Hills Reserve
showing how areas may be designated
• The original intent of the City when purchasing the land (e.g. provision of
recreational opportunities; protection of wildlife habitat etc).
• The quantity and quality of natural and physical resources present on the
land
• The approved uses for the land and the constraints upon the feasibility of
those uses.
• The influence of adjacent land uses
• The effect of the designation on wildlife corridors and maintenance
continuous tracts of wildlife habitat.
• Legal requirements
The policies implemented by City staff in the development of Conservation Plans
will depend upon the unique combination of the above factors relevant to each open
space parcel. A similar strategy of land categorization has been used by a number
7
Conservation Guideline for City Open Space Lands
of private and governmental agencies to provide a frame work for the development
of management and conservation plans (' 2) .
Properties will be managed in accordance with the following land use
classifications:
3.1 Habitat Area
Areas receiving this designation will primarily be those which will not be significantly
impacted by human activity. The primary purpose of this designation is to protect
natural resources essential to the continued well -being of resident native plants and
wildlife. This designation is synonymous to an "ecological area" as defined in the
City of San Luis Obispo Municipal Code (chapter 12.22.30), which states that:
"(areas) shall be primarily utilized for their wildlife habitat or other ecological values
and may be subject to restrictions upon, or prohibition of, public access ".
The preservation of resources and habitat shall be the dominant consideration in all
management decisions where a choice must be made between preservation of the
natural environment and recreational use. The long term goal shall be to establish
or preserve, a fully functional self- sustaining ecosystem.
3.2 Management Area/Trail Corridor
The purpose of this designation is to recognize that some areas have the potential
to support passive recreation, or may be adjacent to other land uses, and that active
management of land in these situations will be required.
Examples of land receiving this designation may include existing areas that contain
trails, and land adjacent to urban areas or beneath power lines where management
of the land to reduce fire hazard is necessary.
When considering permitted uses and undertaking maintenance activities, efforts
will be made to accommodate passive recreational activities as defined in the Open
Space Element (OS 1.1.4). The amount of land within the City's open space
system receiving this designation will kept to a minimum, and efforts will be made to
reduce the impacts of human interaction on the habitat and natural resource value
of the open space.
For example, a clearly defined and well designed trail system can limit the amount
of damaged caused by public use by focusing use in areas of non - sensitive wildlife
habitat; and well designed trails can eliminate many of the erosion problems
associated with informal or 'social trails'. When new trails are built the width the
corridor will be kept to a minimum to reduce negative impacts associated with them,
and recreational areas will be periodically closed if necessary, for resource
restoration or protection (e.g. protection of raptor nesting areas etc).
Under certain circumstances (e.g. If the City deems that a specific area may be
capable of sustaining increased levels of user pressure), active recreational
activities that do impact the natural environment (such as mountain biking, or
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Conservation Guidelir9ffor City Open Space Lands O
equestrian activities), may be permissible in designated areas. Input will be sought
from the public and interested parties on wether to allow these activities, and if so
where they would be most suitable, and on the construction and design of suitable
trails.
The growing requirement for recreational resources challenges resource managers
to develop systematic management and monitoring frameworks. This is particularly
challenging because the provision of open space seeks to achieve two overlapping,
yet conflicting goals: (1) protection of the resource (OS 1.1.2); and (2) providing
opportunities for passive recreation (OS 1.1.4). Inevitably, providing recreational
access to open space results in some level of impact, the management challenge is
to identify how much impact is acceptable.
To evaluate the effects of public access use on the resources, indicators will be
identified that reflect the types of impacts recreational use creates (e.g. erosion
problems; trail corridor width; visitor use); and these indicators monitored over time.
The effectiveness of management actions designed to reduce impacts will be linked
to quantifiable Limits of Acceptable Change (LAC's) (HA1). Since the amount of
acceptable impact is a value judgment, the determination of LAC's for an open
space should incorporate the interests and values of various interested parties.
Comment on the identification of LAC's, and how they should be monitored, will be
sought at public workshop sessions during which the Conservation Plan for a
particular open space property is discussed.
If the monitoring program indicates that the status of a resource fails to meet the
adopted Limits of Acceptable Change then management actions will be taken to
correct the situation. Corrective measures may include, but are no limited. to
closure of an area, re- classification of a management area to a restoration area, re-
routing of a trail, closure to certain activities (e.g. mountain biking) etc.
Management for approved, low
impact, recreational activities may
be active, such as trail building and
maintenance, or may . involve
leaving an area in a natural state of
succession (e.g. as grassland),
requiring minimal maintenance.
Visual resources are also an
important component of the City's
open space. All management
activities that may affect the
viewshed (e.g. trail construction,
utility corridors, fences, signs etc)
will take into account and minimize
adverse visual impacts.
Tree plantings in a Restoration Area
Conservation Guidelin• r City Open Space Lands O
3.3 Restoration Area
The purpose of this designation is to recognize that portions of some land acquired
by the City have been degraded by prior activities and requires restoration. This is
seen as a temporary designation, and after restoration is complete the land would
be re- designated as a Habitat or Management Area.
Land receiving this designation may include riparian corridors where there has been
collapse of the creek bank, eroded areas along old roads, or agricultural lands
damaged by historic land uses.
The kind of activities that would be performed are planting degraded areas with
native species, and re- grading to prevent erosion or facilitate plantings.
Each Restoration Area will have a restoration blueprint associated with it which will
make up an element of the Conservation Plan. This will include an explanation of
the restorative activities that will be performed, possible sources of funding, and
projected date for the re- classification of the area.
3.4 Cultural /Historic Area
The purpose of this designation is to provide special recognition and treatment of
cultural and historic resources. Land receiving this designation would include
archaeological sites as well as historical buildings and even mining or old railroad
rights -of -way that provide a linkage to our local history. Guidance from the City's
Cultural Heritage Committee, recognized archeologists, and historical preservation
experts will be sought in identifying these resources.
The kinds of activities that would receive priority are appropriate preservation and /or
restorative measures implemented in accordance with policies adopted in the Open
Space Element (OS 8.1.1). When appropriate, the City will apply for grant funds to
preserve and restore such historically significant sites and buildings. Whenever
possible, such areas will be open to the public and include features to educate
visitors on the heritage
value of the resource.
The City will require
appropriate mitigation
for impacts to
recognized cultural or
historic resources
resulting from
unforeseen City actions
or projects.
Rodriguez. Adobe- Orcutt Rd, SLID
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Conservation Guidelinflor City Open Space Lands O
3.5 Agricultural Area
The City of San Luis Obispo is committed to the protection of agricultural land
around the City as a visual amenity for its citizens, and to assist in maintaining a
viable agricultural economy. Therefore, the purpose of this category is to identify
sites within the City open space lands which are appropriate for continued
agricultural production and provide the framework for their continued functioning in
that capacity, consistent with the overall goals of the City's open space program and
the protection of natural resources.
The kinds of uses that would be permitted include generally accepted forms of crop
production, specialty crop production, and educational or research programs. Use
of associated facilities such as barns, existing residences, and other buildings may
also occur. Equipment and supplies may also be kept on agricultural lands in
proper storage facilities. Conflicting, or potentially conflicting, uses such as trails
may be restricted or prohibited.
City -owned open space lands leased to agriculturalists will have included in the
terms of the lease a program of approved "Best Management Practices" (BMP's)
developed for them that fosters sound stewardship of the land. BMP's shall include
at a minimum, accepted principals of proper tillage and soil and water conservation,
principals of integrated pest management, and setbacks from sensitive habitats
such as creeks or wetlands.
4. General Policies
Policy relating to potential management decisions is required for each land use
category described in Section 3 of this document. Such decisions will be the
responsibility of the Natural Resources Program in collaboration with other City
Programs or Departments as appropriate. This will ensure that a standardized
management practices are implemented throughout the City's open space system.
The policies, and how they apply in each land use category are summarized in
tabular form in Appendix 1. Throughout the following discussion the relevant
section of Appendix 1 is referenced (e.g. HA1; LV8 etc).
4.1 Land and Vegetation Management
Objectives:
Policy:
To conserve, enhance, and restore natural plant communities; to protect
sensitive and endangered plant species and their habitats; and to maintain
biodiversity of native plants and animals.
Vegetation Management
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Conservation Guidelineor City Open Space Lands
The City will monitor and manage vegetation to meet prescribed goals for the
land (LV10). Management strategies such as the use of selective livestock
grazing (LV1); physical pruning /removal of unwanted or problematic
vegetation (LV6); erosion and sediment control (LV7); application of
Integrated Pest Management practices (LV12; LV13); and prescribed burning
of native vegetative communities (LV8), will be implemented where
necessary.
Restoration and/or re- vegetation techniques will be utilized when necessary
to restore a degraded vegetative community to a fully functioning ecosystem.
All restoration activities will utilize site- or region- specific native grasses,
herbs, shrubs, and trees. Planting of invasive, non- native species will be
prohibited (LV2). Adjacent landowners will be encouraged to undertake
efforts to control target non - native vegetation on their land (LV3).
All existing native trees will be preserved wherever possible, and new native
trees planted to enhance wildlife habitat (LV4; LV5). Where possible,
vegetation will be left to follow its natural course of succession and will not
receive any form of active management. The ultimate goal will be to re-
establish, or preserve, a self- sustaining ecosystem.
- -- _ _.. .. _ . .
Grazing _
Livestock grazing may be permitted on City-owned. lands under certain
circumstances (LV1) and subject to certain conditions which shall be
determined by the Natural Resources Program with input from the public and
stated in a grazing plan which shall be incorporated into the lease
agreement. For example, grazing may be used a vegetation management
tool to reduce fire fuel load, as a strategy to remove weed species from a
restoration area, or to maintain grassland areas by suppressing the natural
process of succession. City -owned lands will not be used for intensive
grazing activities. Grazing will only be permitted during specific times of the
year when the risk of damage to the resource is minimal, and grazing
privileges may be revoked at any time at the City's discretion.
Fire Management
The status of vegetative communities will be monitored, particularly in
grassland areas, to determine if brush, weeds or other heavy fuel loads are
creating an unacceptable fire hazard (LV10). If the fire hazard is determined
to be unacceptable because of fuel loading, an evaluation will be carried out
to determine the most desirable and effective means to correct the problem.
Corrective measures may include, but are not limited to: thinning or removal
of eucalyptus, pine and cypress plantations, and shrubs or woodland
occurring along the open space /urban interface to produce a less fire prone
condition (LV6).
If appropriate, the Conservation Plan for a specific open space will include a
prescribed burn program. The decision to utilize prescribed burning of
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Conservation Guidelines for City Open Space Lands
vegetation to reduce fuel load or manage vegetation composition will lie with
the City with input from the California Department of Forestry and Fire
Protection (LV8).
At the urban /open space interface the City will, and adjacent land owners will
be encouraged to, maintain adequate defensible spaces; providing sufficient
space between structures and flammable vegetation to allow the fire service
to mount a defense against a wildfire. This will help protect urban
developments from fires originating on City -owned open space and vice
versa (LV9).
The City will formulate wildfire preparedness /management plans for
individual open space parcels with the co- operation of the California
Department of Forestry and Fire Protection. This plan will identify
appropriate firefighting methods for use in City open spaces that have
minimal impact on the natural resources represented on the site, providing
the use of such methods does not put property or human life in danger (LV9)
During periods of high fire hazard the City reserves the right to close certain
open space areas to the public (per San Luis Obispo Municipal Code,
Chapter 12.22.050C). In the interest of public safety, open fires (including
barbecues) are prohibited year -round (per San Luis Obispo Municipal Code,
Chapter 12.22.050M) (LV11).
Pest Management
All City open spaces will be managed in accordance with established
Integrated Pest Management (IPM) methods to control pest infestations
(LV12; LV13; AS7).
Appropriate pesticides will only be used to control noxious pests and weed
species when other non - chemical methods of control (e.g. hand removal,
grazing, planting of cover crops) do not succeed or are not practical.
The use of low toxicity, highly specific pesticides (e.g. the insecticide Bacillus
thuringiensis), will be permitted on a localized scale to protect natural
resources on City open spaces. Highly toxic, broad - spectrum pesticides
(e.g. organophosphates) will only be used in the case of a devastating pest
outbreak when a wide variety of the City's natural resources are at significant
risk. It is anticipated that the use of chemical pesticides on City -owned open
space will be negligible.
Material Safety Data Sheets (MSDS) will be obtained from the manufacturer
for toxicological information and personal safety protection requirements. All
on -site pesticide handling will be done away from streams, ponds, and
drainage areas. Records will be maintained for all pesticide uses as directed
by state and federal regulations. Handling, disposal, and clean up of
pesticides shall comply with the product label, and state and federal
regulations (LV14).
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Conservation Guidelines for City Open Space Lands
Trails
The City is committed to the creation of an integrated trail system that
connects City open space to other public or private lands (OS 12.1.2). The
provision of multi use trails for recreational use has been identified as a
major unmet need in the City's Parks and Recreation Element (PR 2.40.4)
Trails will be constructed and marked as such to facilitate recreational uses;
they will be located to minimize impacts to sensitive natural features and
visual resources. All newly constructed trails will conform to an adopted City
standard (e.g., a 1ft cleared tread ('single- track']; with not more than 5ft of
vegetative clearance on either side). Use of trails may be subject to
restrictions in some areas (HAl2).
In the interest of public safety and resource protection, travel in open space
lands is restricted to designated trails, and off -trail travel is discouraged.
Construction of new trails is prohibited, except where authorized by the City
as part of an adopted Conservation Plan for the open space (HAl2).
Signage on open spaces will be limited due to aesthetic considerations. In
accordance with Open Space Element sections relating to public education,
interpretive booths and signage will be constructed where appropriate. Size
and style of signage will be standardized to maintain consistency throughout
the City's open space system (HA13).
Mitigation Projects
Mitigation for the impacts of private projects shall generally be conducted on
private lands. However, special circumstances may arise that justify use of
City -owned lands as a mitigation site, for instance:
Where there is a clear City benefit from a transaction that involves the
use of City land as a mitigation site; or
Where General Plan goals will be furthered by the appropriate use of
City lands for mitigation purposes.
Private mitigation actions on City -owned land shall have a clear resource -
protection or amenity value to the site, and shall be negotiated by the
Natural Resources Program with input from the public and be subject to
approval by the City Council. Under all circumstances a mitigation and
monitoring plan will be prepared that meets the requirements of the relevant
state or federal regulating agency (LV15).
Scientific Study
Non - destructive scientific study and research will be permitted with written
approval from the City's Natural Resources Program. A condition of approval
will be that the applicant provides the City's Natural Resources staff with a
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Conservation Guidelines for City Open Space Lands
written report of the findings of the study. This will assist the City in compiling
a detailed inventory of natural and biological resources located on City open
space lands (LV16).
4.2 Human Activities and Impacts
Objectives:
Policy.
Provide the public with a safe and
pleasing natural environment in
which to pursue passive
recreational activities, while
maintaining the integrity of the
resource and minimizing the impact
on the wildlife and habitats
represented.
General
Hikers at Reservoir Canyon
The system of open space lands
that has been developed within and around the City is considered an
important part of the community's setting and character, providing
opportunities for enjoyment of the natural environment by our citizens. The
Open Space Element states that uses of open space lands owned or
managed by the City should:
"preserve the natural amenities of the open space land" and "may not include
uses which would degrade or significantly impact resource preservation on-
site or on an adjacent parcel' (per San Luis Obispo Municipal Code, Chapter
12.22.020).
Consistent with this direction, City open spaces will be managed to provide
limited opportunities for passive recreation as defined in the Open Space
element (OS 1.1.4), i.e.:
"low- intensity recreational activities such as hiking, bird- watching, nature
photography, trails, individual picnic areas, nature study, viewing stations,
interpretive areas, and similar uses" (OS Def -5)
Such activities will only be permitted where there are no significant
environmental or land use compatibility conflicts. All other forms of
recreation, such as mountain biking and equestrian activities, are considered
active recreation and will be subject to restrictions (HA2; HA4).
The City has adopted regulations that restrict or prohibit activities deemed
inconsistent with the goals for City open space as described in the Open
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Conservation Guidelines for City Open Space Lands
Space Element. Activities which may be so restricted or prohibited include:
camping; horseback riding; bicycling; fishing; animal trapping; boating;
walking of pets; consumption of alcohol; sound amplification; solicitation;
possession of weapons; rock climbing; parasailing; operation of motor.
vehicles; and plant collection (San Luis Obispo Municipal Code, Chapter
12.22.050). The reader is referred to the Municipal Code for specifics. All
management decisions relating to permitted activities on City owned or
managed open space will be consistent with these regulations (HAS; HA6;
HA7; HA8; HA9; HA1 0; HA1 1).
Special events (e.g. competitive races, weddings or memorials) should not
be permitted on City -owned open space (HA14).
In general, active recreation will be prohibited within creek corridors (except
Mission Plaza and Mission Plaza expansion areas), wetlands (except
portions of Laguna Lake and the wetland area within Meadow Park),
sensitive wildlife habitats, and areas where recreation would significantly mar
the scenic quality of the site. No camping is allowed in any City -owned
creek corridor or open space (OS 12.22.050B), as facilities to accommodate
overnight use are not provided and such use can pose a significant threat to
public health and safety.
,Access
City open space lands, where public access is permitted, shall be open to the
public from dawn to dusk. It shall be unlawful to enter or remain within such
lands between one hour after sunset and one hour before sunrise of the
following day without approval from the City (HA1).
Temporary closure of a City open space may be necessary if the prevalent
conditions pose a threat to the public safety. Such threats may include fires,
landslides, or flooding (LV11).
Any section of the City's Open Space Lands may be closed to the public at
any time, and for any interval of time. Closures may be either temporary or
at regular and stated intervals (daily or otherwise), and either entirely or
merely to certain uses, as deemed necessary (per San Luis Obispo
Municipal Code, Chapter 12.22.050B/C).
Public access may also be restricted in an area if the City determines that
adopted Limits of Acceptable Change have been exceeded, as described in
the Conservation Plan for the open space (HA1).
Access points to City -owned open space shall be established as
inconspicuous trailheads, which may or may not provide off - street parking.
Trailheads originating in residential areas will be located to minimize any
potentially disruptive effects to the local neighborhood (HA3). During the
public review of the Conservation Plan for an open space, or at another
appropriate time (such as review of a development proposal), public input will
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Conservation Guidelines for City Open Space Lands
be sought on the design and location of trailheads originating in residential
areas. Trailheads will consist of a gate preventing vehicular access, and a
sign designating the trail. Specific facilities such as restrooms and garbage
cans will generally not be provided.
Access issues will be reviewed on a 5 -7 year cycle as the Conservation Plan
is periodically updated and amended. Should public use of a trail or trailhead
be causing disturbance to local residents, then measures to reduce these
disturbances will be considered. These may include, but are not limited to,
structural modification, re- alignment or closure of the trail or trailhead.
4.3 Aquatic Systems
Objectives:
Policy.
To preserve and restore creeks, wetlands and ephemeral seeps or springs in
a natural state, and provide suitable habitat to all native aquatic and riparian
species. To minimize the impacts of harmful activities, such as the release of
pollutants, while maintaining the creek system as a means of conveying
storm water within urban areas.
General
Riparian vegetation will be managed to preserve and enhance the wildlife
habitat value of these important resources while minimizing the danger to life
and property from flooding (AS8). New plantings within creek corridors or in
setback areas will be restricted to trees, shrubs and groundcover native to
the local area and normally found within creek corridors (AS4).
Due to their particularly
sensitive nature, all wetland
habitats located on city -
owned property shall be
identified, mapped, monitored
and conserved. The City will
avoid actions on open space
lands that could result in a net
decrease in wetlands. When
wetland loss is unavoidable, a
mitigation strategy will be
adopted which has been
approved by the appropriate
state or federal regulatory
agency, and replacement will
Pool habitat on SLO creek is critical for the
development of juvenile Southern
Steelhead Trout
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Conservation Guidelines for City Open Space Lands
J
be at a ratio of at least 2:1 (OS 6:C:1) (AS2).
Waterways, wetlands and floodplains will be managed to enhance and
preserve their natural function and native fish and amphibian populations that
utilize these areas as habitat. Public access will be regulated in riparian and
wetland areas, when necessary, to protect natural resources (AS1; AS3).
Erosion and sediment control practices sufficient to stabilize disturbed or
actively eroding creek banks will be implemented when necessary (AS6).
Aquatic habitat improvements will be implemented as opportunities for
restoration arise. All restoration work intended to improve in- stream habitat
for southern steelhead will be in a manner consistent with guidelines
published in the California Department of Fish and Game Salmonid Stream
Habitat Restoration Manual (3) (AS4).
Where appropriate, efforts will be made to increase the public's knowledge
and appreciation of the City's aquatic resources by provision of interpretative
services on City -owned or managed property (AS5).
4.4 Agriculture
Objectives:
The City is committed to the permanent preservation of farmlands to protect
the agricultural economy of the County and the State (OS 10:1:1); and it is
committed to conserve and maintain adequate natural resources (such as
ground water) for productive agriculture (OS 10.1.5).
Policy:
In general, agricultural lands on City Open Space will be maintained for
agricultural uses. Publicly owned agricultural lands will be leased back to
farmers, or utilized as education or research projects of good stewardship
practices. Organic farming practices shall be encouraged. All agricultural
operations on City -owned lands must adhere to the policies and regulations
outlined in a "Best Management Practices" document prepared for the site
and incorporated into the terms of the lease. These will include the provision
of protective measures for wildlife habitat and endangered species identified
on the site (AG 1; AG2).
Agricultural practices on City -owned Open Space may be restricted if
continuation of those practices conflicts with higher priority objectives. For
example, farmland may be reverted to wildlife habitat if the area historically
had high habitat value (e.g. land adjacent to wetlands or creeks). Another
example of such a conflict is the use of limited groundwater supplies for
irrigation purposes on City -owned open space that may be required for
general consumptive use by the local populace during a period of extreme
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Conservation Guidelines1or City Open Space Lands
drought conditions. Under such circumstances the City will make every
effort to provide an alternative source of water to support agricultural
practices. Alternative sources may be in the form of recycled water from the
City's proposed wastewater re -use system.
4.5 Wildlife Protection
Objectives:
To conserve and protect native
plant and animal species and
enhance their habitats, in order
to maintain viable wildlife
populations within balanced
ecosystems.
Policy:
Habitat
Many of the City's Open Space Lands
have high wildlife habitat value
To the extent feasible, the City will protect and conserve local native habitat
(such as grasslands) and the native wildlife that depends on it. The City will
cooperate on a regular basis with other public and private land managers,
and recognized wildlife management experts, to address wildlife
management issues on a regional scale (WP1).
City -owned open space lands shall be regarded as refuge areas for native
wildlife, and activities inconsistent with this philosophy (e.g. hunting and
fishing) will be prohibited (HA6; HA7).
Recognized restoration techniques will be used where appropriate to restore
a degraded habitat to a fully functioning ecosystem. Only native plants will
be utilized in restoration programs, and the planting of invasive, non - native
plants will be prohibited (WP2).
The creation of habitat islands (habitat surrounded by developed areas) will
be avoided and necessary wildlife corridors (including corridors under
proposed major roads, highways, or other impediments which restrict animal
movement) will be provided whenever possible (WP1).
;Birds
Habitat for native raptors (hawks, eagles, and owls) will be protected and
enhanced (WP4), and nesting and roosting trees will be preserved wherever
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Conservation Guidelines for City Open Space Lands
possible. Tree pruning will be performed only when nesting and brood
rearing is not occurring.
If a structure that is acting as a perching site for raptors is removed, it will be
replaced with a suitable alternative structure whenever feasible (WP4).
The habitat of native songbirds and migrants will be protected and enhanced
whenever feasible and appropriate (WP5).
Exotics and Pests
Control programs may be implemented for exotic wildlife species, such as
bull frogs or carp, that are negatively impacting native species (WP7).
Mosquitoes may be controlled in the case of serious human or domestic
animal health threat due to disease outbreak (e.g., encephalitis) (WP6).
The City will request the aid of the California Department of Fish and Game
or County Office of Animal Control to remove any animal that poses a threat
to public health or safety; or an animal that is preying on domestic animals or
critical nesting birds (HA6; WP8). Such actions will be taken only when
passive means have been exhausted (e.g. public education; signage;
fencing; closure of open space etc).
_Species of Special Concern
Conservation of rare, threatened, and endangered species of plants and
animals and their supporting habitats will take precedence over all other
management objectives.
Management activities will promote, enhance, and protect habitat used by
endangered species, threatened species, and species of local concern. In
Restoration Areas, management activities will enhance habitat that has the
potential to support these species (WP9).
Native plant species of special concern (according to listings by the California
Native Plant Society and the California Department of Fish and Game) may
be reintroduced into suitable habitat on City open space only if targeted by
special projects or grants (WP3).
5. Conservation Plan Elements
A Conservation Plan prescribes an ongoing land management program of
activity undertaken to prevent or minimize adverse impacts of approved land
uses on resources of importance to the City of San Luis Obispo. Plans
should be completed for a property within 2 years following acquisition.
Plans for newly acquired properties adjoining existing City -owned open
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Conservation Guidelines for City Open Space Lands
space may take the form of an amendment or addition to the existing
Conservation Plan for the previously owned open space.
The overall purpose of a Conservation Plan is threefold: 1) to provide an
account of the prevailing condition of a property; 2) to set out future goals for
the property; 3) to prescribe a means of achieving those goals.
Each plan will consist of the following elements.
5.1 Executive Summary
This will include a concise summary of the plan's significant findings relative
to recreational, visual, wildlife, habitat, agricultural, cultural/historic and land
management needs on the property, and the actions proposed to meet those
needs. It will also include a discussion of the public participation processes
used to prepare the Conservation Plan as well as its origin and purpose.
5.2 Inventory
The inventory will be a catalog of the physical, biological, natural, cultural and
recreational resources represented on a property. Establishing a detailed
resource inventory is likely to be a long -term, ongoing process. The initial
plan will be formulated using the information gathered during base -line
studies performed during preparation of the first draft of the Conservation
Plan. Plans will be updated periodically as new resource information
becomes available.
5.3 Goals and Policies
Clearly defined goals for the long and short-term management of the property
will be set out; and the adopted policies and guidelines that will be
implemented to achieve these goals identified. When a property is
designated with multiple categories as described in Section 3, individual sets
of goals and policies will be established for each land use category.
5.4 Map
The map will show the location and configuration of all proposed
management, restoration, habitat, cultural /historic and agricultural areas
together with justification for each designation. The proposed location of new
trails or other physical improvements will also be identified.
5.5 Needs Analysis
The Conservation Plan will include an evaluation of the adequacy of current
management practices to satisfy present and projected public demands and
desires for open space. The needs analysis will address such topics as:
• A description of the existing wildlife habitat value of the property, together
with recommendations on how to preserve and improve this value.
• A description of any restorative work required on the property.
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Conservation Guidefines for City Open Space Lands
• A description of current agricultural practices occurring on the property; and
how these practices are likely to change in the foreseeable future. A
description of cultural/historic resources occurring on the property; and
recommendations on how these resources can be preserved and/or restored
in the future
• A description of current recreational activity levels, participation patterns, and
trends likely to affect activity levels in the future. Recommendations on
changes that need to occur to meet future goals (e.g., new trails or
trailheads). Description of adopted Limits of Acceptable Change for the site,
and identification of remedial measures that should be implemented if these
limits are exceeded.
• A description of educational resources (e.g. trail maps, brochures,
interpretive signs etc), if any, appropriate for the site.
5.6 Implementation Strategy
The implementation strategy provides direction for the orderly and
coordinated execution of the Conservation Plan. Actions should relate
logically to the needs identified and should be based upon the adopted
policies detailed in Appendix 1. The implementation strategy represents the
City's decisions for addressing needs and goals based on the desires of the
community and the City's fiscal constraints. It should encompass specified
time - periods and should be updated every 5 -7 years to report on progress,
make adjustments, and include any proposals for new actions.
The following points will be addressed when formulating the implementation
strategy:
• Time Frame — In this section the goals set out in Section 5.3 will be
prioritized and a time -line established to define when these goals should be
met.
• Physical Improvements - This section will 'include a blueprint for any
restorative work and /or plans for physical structures; such as informational
booths, road improvements, footbridges etc, that are recommended for the
site. When appropriate, detailed plans and engineer's drawings describing
the structure should be included in this section.
• Cost Evaluation — This section will contain the projected costs of
recommended management activities and physical improvements. Any costs
that fall outside the approved normal operational budgets for the City's open
space program will be acknowledged, and possible sources of external
funding identified.
• Staffing resources — This section will outline the staff necessary to meet
specified goals. It is anticipated that staff from the Natural Resources
Program and Parks and Recreation Department will play a major role in the
day -to -day management of the open space system. Additional assistance,
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Conservation Guideline(s or City Open Space Lands
from other City departments and groups such as the California Conservation
Corps and local non- profits, will be solicited as necessary.
5.7 Fiscal Impact of Council Adoption of Conservation Plans
Adoption of this document as a policy guide for City -owned open space lands
will not of itself involve any expenditures not currently anticipated by the City
Council or by staff. However, adoption does imply a greater level of
inventory and planning for City- owned open space lands than has heretofore
been the case. Therefore, some increased level of resource management
activities (such as vegetation manipulation, prescribed buming, in- stream
habitat enhancements, restoration of degraded areas, and development of
trailheads and trail systems) is a possible result of this planning effort as it
applies to each open space area. Additional effort and costs will be
estimated as part of the development process for individual Conservation
Plans.
5.8 Amendment
The Conservation Guidelines, and individual Conservation Plans, or any
portion thereof, may be considered for amendment upon request. Any
citizen of other interested party may initiate such a request, however such
request shall be directed to the City Administrative Officer or designee. Such
request will include the nature of the requested amendment and rationale for
the request. If appropriate, the amendment will be processed in the same
manner as the original Conservation Guidelines or individual Conservation
Plan.
23
Conservation Guidelines for City Open Space Lands
6. References
1. City of Fort Collins. Natural Resources Dept. 1995. General Management
Guidelines for City -owned Open Spaces and Natural Areas. 281 N. College
Ave. P.O. Box 580, Fort Collins, CO 80522 -0580.
2. Jefferson County Open Space. 1998. Open Space Master Plan. 700
Jefferson County Pkwy. Suite 100 Golden, CO 80401.
3. Flosi, G., S. Downie, J. Hupelain, M. Bird, R. Cowy, and B. Collins. 1998.
California Salmonid Stream Habitat Restoration Manual. California
Department of Fish and Game, Inland Fisheries Division, Sacramento, CA.
227 pages.
24
Conservation Guideline3rfor City Open Space Lands 0
7. Glossary
Active Recreation All forms of high intensity recreation not consistent with the
adopted definition of passive recreation at described in the
Open Space (OS Def -5) element of the City's general plan
(includes horse riding; biking; and team events)
Agricultural Areas Lands utilized for the production of approved cultivated row
crops. Such lands may be used to produce forage crops,
but does not include grazing land.
Best Management Practices A technique or methodology that, through experience and
(BMP's) research, has proven to reliably lead to a desired result.
Conservation All the processes of looking after places or objects so as to
retain their natural functions.
Conservation Plan A plan for the long term stewardship and conservation of
resources located on City -owned open space, that are of
importance to the citizens of the City of San Luis Obispo.
Cultural/Historic Areas
Lands that support resources of significant cultural or
historic interest.
Ecosystem
Unit including a community of organisms, the physical and
chemical environment of that community, and all the
interactions among those organisms and between the
organisms and their environment.
Fire Management Plan
A plan formulated by the City in conjunction with the
California Department of Forestry and Fire Protection, to
identify appropriate methods of fire fighting on City -owned
open space lands. Such methods should effectively control
wildfires at minimal risk to life and property, and minimize
the amount of damage caused to the natural resources
represented on the site.
Grazing
The consumption of forage in situ by wild and /or domestic
animals.
Habitat
The normal locality or place of living for an organism.
Habitat Areas
Lands that have special value as wildlife habitat and will be
protected as such.
Limits of Acceptable A planning tool that establishes explicit measures of
Change (LAC's) acceptable and appropriate resource conditions, as well as
strategies for maintaining or achieving those desired
conditions.
25
Conservation Guidelin0ffor City Open Space Lands
Management Areas Lands requiring active management of vegetation for
reasons of public safety or to accommodate City- approved
grazing leases.
Mitigation The restoration, creation, enhancement and preservation of
habitat, undertaken expressly to provide for the advance
compensation of unavoidable habitat losses usually
resulting from development actions.
Passive Recreation Low - intensity recreational activities such as hiking, bird -
watching, nature photography, trails, individual picnic areas,
nature study, viewing stations, interpretive areas, and
similar uses (OS -Def 5).
Pesticide Poisonous or hazardous chemicals of any kind used to
control noxious pests, insects or weed species.
Preservation Maintenance of land or habitat in its existing state and
preventing deterioration.
Prescribed Fire (Burn) A fire deliberately lit and controlled by humans, usually as
part of a land management program, for example, to reduce
the chance of uncontrollable wildfires or to control weeds.
Restoration Areas Lands actively managed to restore habitat value that has
been degraded by past land use practices.
Riparian Geographically delineated areas with distinct resource
values that occur adjacent to streams, lakes, ponds,
wetlands, and other specified water bodies.
Trail Corridors Areas extending up to, but not more than, 5' either side of
an existing or proposed City- approved trail.
Viewshed The area which can be seen from any particular viewing
place, vista or viewpoint and conversely the areas from
which these view points may be seen.
Wetlands Areas of marsh, fen, peatland or water, whether natural or
artificial, permanent or temporary, with water that is static or
flowing and associated riparian vegetation.
Wildlife corridors Areas of land or water that are capable of providing habitat
in their own right while allowing for use by fauna to move to
and between other habitats.
26
Attu
Conservation Guidelinesfor City Open Space Lands `
8. Appendix 1
The following table contains the official language that will be used when preparing
individual Conservation Plans for land acquired for open space purposes; and
shows how policies will be implemented within the various land use categorizations.
Habitat I Restoration Management ' I CulturaMistoric,_ Agricultural _.
Land and Vegetation
Generally
Permit the use of livestock
prohibit
grazing, with a grazing plan, as a
LV1
(may be
management technique to help
Livestock
permitted
maintain a balanced and diverse
Not Applicable.
grazing
under special
ecosystem; increase the
circumstance).
biodiversity of native plants; or
reduce fire risk.
Preserve and protect native vegetative communities. Restore native
LV2
vegetative communities by employing restoration and /or re- vegetation
Native
techniques. Utilize only site or region specific native trees, grasses, herbs
Not Applicable.
vegetative
and shrubs; prohibit the planting of invasive, non- native species within
communities
native vegetative communities.
LV3
Encourage adjacent landowners to undertake efforts to control targeted non - native vegetation on
Adjacent land
their lands.
LV4
Preserve all native trees when feasible.
Native trees
Plant new native trees to increase benefits to wildlife where appropriate.
LV5
Use fencing to exclude livestock and damaging wildlife (e.g. deer) from
Not Applicable.
Tree planting
newly planted areas.
Thin eucalyptus, pine and cypress
LV6
plantations, shrub -land or woodland areas
Vegetation
Prohibit.
occurring along the wildland /urban
Not Applicable.
thinning
interface to create a less fire —prone
condition.
Implement erosion and sediment. control practices (e.g. vegetation, water bars etc) sufficient to
stabilize disturbed areas, where appropriate.
LV7
Erosion control
Reclaim burnt areas that are deemed susceptible to excessive erosion.
Mana a un aved access roads to minimize erosion or decommission and re-vegetate them.
LV8
Use controlled burns for vegetation or pest management, as per prescribed bum plan prescribed
Controlled fires
for the site. All affected residents will be notified prior to any prescribed bum.
Maintain adequate defensible spaces at the urban /open space interface, providing sufficient
space between structures and flammable vegetation within which the fire service can mount a
defense against fire.
LV9
Fire safety
Formulate fire preparedness/management plans for City open spaces. Employ firefighting
g
methods which have the least impact on the natural resources represented on the site, providing
the use of such methods do not put property or human life in danger..
27
Conservation Guidelineefor City Open Space Lands 0
28
Habitat I Restoration I Management. ..Cultural/Historic . I Agricultural,
Monitor the stability of plant communities in selected areas, particularly grassland areas, to
determine if brush, weeds or other heavy fuel materials are encroaching.
LV10
Monitoring
Employ Limits of Acceptable Change standards to evaluate the impacts of human use on land
and vegetation.
Reserve the right to close certain open space areas to the public during periods of extreme fire
hazard conditions or other emergencies, and/or to protect natural resources, including
LV11
endangered species. Reserve the right to limit the use of vehicular traffic and machinery on
Public safety
agricultural lands during periods of extreme fire risk. Closures will be made on a daily basis,
except in certain areas mutually agreed upon for long-term closure.
LV12
Manage City open spaces in accordance with established Integrated Pest Management (IPM)
IPM methods
methods to control noxious weed and pest infestations.
Use appropriate herbicides only when other IPM measures have failed to control noxious weeds
LV13
and invasive, non - native shrubs.
Pesticide usage
Use insecticides only for devastating pests e.. gypsy moth outbreak).
Obtain Material Safety Data Sheets (MSDS) from the manufacturer for toxicological information
and personal safety protection requirements.
Handle on -site pesticides away from streams, ponds and drainage areas.
LV14
Pesticide safety
Maintain records of the use of restricted use pesticides as directed by state or federal
regulations.
Handle, dispose, and clean up pesticides in compliance with the product label, and state or
federal regulations.
Permit the use of degraded areas on City open space for mitigation projects:
Where there is a clear City benefit from a transaction that involves the use of City land as a
mitigation site; or
LV15
Mitigation
b. Where General Plan goals will be furthered by the appropriate use of City lands for
Projects
mitigation purposes.
Private mitigation actions on City -owned land shall have a clear resource - protection or amenity
value to the site, and shall be subject to approval by the City Council. Under all circumstances a
mitigation and monitoring plan will be prepared that meets the requirements of the relevant state
or federal regulating agency.
Permit non - destructive scientific study and research on City open spaces with the prior
LV16
evaluation and written approval of the Natural Resources Program. Approval will only be
Scientific Study
granted on the condition that a written report of findings is submitted to the City on completion of
the study.
28
Conservation Guideline for City Open Space Lands
Habitat I Restoration I Management Cultural/Historic . I Agricultural
Human Activities and Impacts
_
Permit public access to City open spaces
from dusk until dawn.
Entry to such lands shall be unlawful
between the hour after sunset and one
hour before sunrise of the following day
Prohibit, unless
PubDiscourage.
Prohibit.
without approval of the City.
posted otherwise.
Public access
Public access may be restricted in an
area if the City determines that the Limits
of Acceptable Change (LAC's) have been
exceeded; as described in the
Conservation Plan for the open s ace.
Permit passive recreation as defined in the City s Open Space
element (OS 1.1.4).
HA2
Discourage.
Prohibit.
Such activities will only be permitted where there are no
Passive
significant environmental or land use compatibility conflicts, as
Recreation
determined by the City.
Establish access points to City -owned
open space as an inconspicuous trailhead
which may or may not provide off street
parking.
HA3
Prohibit.
Locate trailheads originating in residential
Prohibit.
Trailheads
areas in such a manner as to minimize
any potentially disruptive effects to the
local neighborhood.
Permit in
designated areas
HA4
as per Open
Active
Prohibit.
Space regulations,
Prohibit.
Recreation
(San Luis Obispo
Municipal Code,
12.22.040).
HA5
Permit dogs on trails on a leash (per San Luis Obispo
Dogs
Prohibit.
Municipal Code, Chapter 12.22.050F.1.e). Unless otherwise
posted.
Prohibit, except for special circumstances to trap nuisance wildlife (i.e. wildlife posing a threat to
HA6
people, property or pets neighboring open space areas; or users of open space when other
Animal trapping/
means of addressing the problem (e.g. temporary closure] have failed), or to conduct research in
collecting/
cooperation with the City's Natural Resources Department. Any trapping activities will require
hunting
written approval from the City.
HA7
Prohibit, unless posted (except for Laguna Lake).
Fishing
E HA8
Prohibit the use of firearms, bows, paintballs, and fireworks on City open space lands (San Luis
Weapons
Obispo Municipal Code, 12.22.050M).
29
Conservation Guidelines for City Open Space Lands
30
Habitat Restoration
. Management,
CulturaVHistoric Agricultural
Permit only in
designated
areas with prior
City
HA9
Rock
Prohibit.
authorization.
Said areas are
Prohibit.
climbing
subject to
closure during
raptor nesting
periods.
Permit only in
designated
areas and with
prior City
HA10
Prohibit.
authorization.
prohibit.
Parasailing
Said areas are
subject to
closure during
raptor nesting
periods.
Prohibit collection of any plants, animals or minerals from the natural environment, except where.
HA11
authorized as an integral part of the land management program or for scientific study (with
Collection of
written City approval). Approval will only be granted on the condition that a written report of
specimens
findings is submitted to the City on completion of the study.
Construct and mark trails to facilitate
recreational uses as part of an approved
trail systems plan. Place trails to avoid
impacts to sensitive features of the site.
Prohibit unless
HAl2
Trails
Prohibit.
Prohibit construction of trails without city
otherwise
authorization.
posted.
Restrict the use of trails on sensitive sites.
HA13
All management activities that may affect the viewshed (e.g. trail construction, utility corridors,
Visual
fences, signs etc) will take into account and minimize adverse visual impacts.
Resources and
Signage
Allow interpretive features for educational purposes.
HA14
Special events (e.g. competitive races, weddings or memorials) should not be permitted on City-
owned open space.
Special Events
Aquatic Systems
Conserve, enhance and restore native fish and amphibian populations and their habitats;
AS1
monitor fisheries resources to determine species composition, size, and population; and
Aquatic habitat
cooperate with the State Department of Fish and Game to conserve, enhance and manage its
fisheries resources for ecological benefit.
Avoid initiation of actions on City open space lands that could result in a net decrease in
wetlands. If City actions do result in a decrease in wetlands mitigation shall consist of creating
twice the area of habitat of equal quality (OS 6.C.1).
AS2
Wetland habitat
Manage wetland areas to enhance and preserve populations of native species.
Restrict livestock access to riparian and wetland areas, when necessary to protect natural
resources.
30
Conservation Guideline3rfor City Open Space Lands
U
31
____Habitat __._ ..Restoration.__ I Mana" ement— _._ :Cultural/Historic ._
Agricultural
AS3
HA1 applies in riparian and wetland areas. Public access to these areas will
Not Applicable.
Public access
be regulated to protect natural resources.
Restore and rehabilitate creek, wetland and seep /spring vegetation to
enhance and preserve the natural value of the habitat. New plantings within
creek corridors should be California native plants (trees, shrubs and ground
cover) normally found in creek corridors.
AS4
Not Applicable.
Restoration
Follow pertinent guidelines published in the California Department of Fish
and Game Salmonid Stream Habitat Restoration Manual (CDFG, 1988),
when performing in- stream restoration work designed to improve habitat for
southern steelhead.
AS5
Increase public knowledge and appreciation of natural resources and provide public
Public
interpretative services on City -owned or managed property.
awareness
AS6
Implement erosion and sediment control practices sufficient to stabilize disturbed or actively
Erosion control
eroding creek banks.
AS7
Limit the use of pesticides within creek corridors. When herbicides are used they should be
Pesticide use
hand applied only to those species identified as appropriate to remove.
AS8
Generally prohibit (may be
Manage waterways, wetlands and floodplains to enhance and
Flood control
permitted under special
preserve their natural function and native fish and amphibian
circumstance).
populations that utilize these areas as habitat
Agriculture
Maintain
agricultural lands
for agricultural
uses, except in
cases where:
past agricultural
practices have
AG1
degraded the
Protection of
Not Applicable.
area and
agricultural
restoration is
lands
needed; or
threatened or
endangered
species occupy
the area, and
protection of
sensitive habitat
is necessary.
31
Conservation Guideline or City Open Space Lands
32
Habitat Restoration Management Cultural/Historic
Agricultural
Lease publicly
owned
agricultural lands
AG2
back to farmers,
Leasing of
or utilize such
publicly owned
Not Applicable.
land as
lands
demonstration
projects that will
benefit local
farmers and the
environment.
Wildlife Protection
Protect native wildlife and habitat. The City will cooperate on a regular basis with other public
and private land managers and recognized wildlife management experts to address wildlife
WP1
management issues on a regional scale.
Wildlife and
habitat
Avoid the creation of habitat. islands (habitat surrounded by developed areas); provide necessary
protection
wildlife corridors (including corridors under proposed major roads and highways, around
agricultural land, or other impediments that restrict animal movements).
WP2 -
Employ restoration techniques where required to achieve a self sustaining
Habitat
natural system; use only native plants in restoration areas, and prohibit the
Not Applicable..
restoration
planting of invasive, non - nativespecies.
WP3
Reintroductions
Target native species reintroductions for special projects.
Not Applicable.
Promote, enhance, and protect habitat of raptors (hawks, eagles and owls).
Preserve nesting and roosting trees wherever possible.
W P4
Raptors
Delay tree pruning until nesting and brood rearing is completed.
Preserve or replace historic raptor perching sites wherever possible.
WP5
Song birds
Promote, enhance and protect. habitat of native songbirds as appropriate for site characteristics.
WP6
Control mosquitoes in the case of serious human or domestic animal health threat due to
Mosquitoes
disease outbreak (e.g., encephalitis).
WPB
Control exotic wildlife species (e.g. bull frogs, carp) if they are endangering the continued
Exotics
existence of native species of special concern.
Control problem individual animals (e.g., Coyotes) preying on domestic animals or nesting birds.
WP8
Action will be taken only when passive means of control been exhausted (e.g. public education;
Animal control
signage; closure of open space etc).
W P9
Rare,
threatened and
Conserve rare, threatened, and endangered species of plants and animals and their supporting
endangered
habitats in precedence overall other activities.
species
32
• o
RESOLUTION NO. 9367 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
CERTIFYING THE FINAL ENVIRONMENTAL IMPACT REPORT (EIR)
FOR THE COPELANDS PROJECT LOCATED AT
999 MONTEREY STREET (APPLICATION # ER 192 -01) AND
919 PALM STREET (APPLICATION # ER 193 -01) AND
UPHOLDING THE APPEAL OF THE PLANNING COMMISSION'S DENIAL
OF USE PERMIT # U 193 -01 FOR A MULTI -LEVEL OFFICE AND
PARKING STRUCTURE LOCATED AT 919 PALM STREET
WHEREAS, public hearings on this EIR were held before the Planning Commission on
June 12,2002, and August 14, 2002, and the City Council on September 17, 2002; and
WHEREAS, the EIR was considered by the City Council after extensive review by City
staff and other agencies, and with the comments of the Planning Commission and concerned public;
and
WHEREAS, the potential environmental impacts of the project have been evaluated in
accordance with the California Environmental Quality Act and the City's Environmental Guidelines.
BE IT RESOLVED by the City Council as follows:
SECTION 1. Environmental Determination. The City Council hereby certifies that the
Final Environmental Impact Report for the Copelands Project adequately identifies the project's
potentially significant impacts, alternatives to the proposed action, and recommended mitigation
measures.
SECTION 2. EIR Findings. Based upon all the evidence, the Council makes the following
findings in certifying the Final EIR:
The Final EIR was prepared in compliance with the California Environmental Quality
Act (CEQA) and was considered by the City prior to any approvals of the project.
2. The Final EIR reflects the independent judgment of the City.
3. For each significant effect identified in the EIR under the categories of Aesthetics and
Visual Resources, Air Quality, Cultural Resources, Geologic Resources, Hazards and
Hazardous Materials, Hydrology and Water Quality, Land Use and Planning Policies,
Noise, Transportation and Traffic, and Utilities and Public Services, the approved
mitigation measures contained in the EIR will avoid or substantially lessen the
identified adverse environmental impacts of the project to a level of insignificance
and have been incorporated into the project.
4. The significant effects identified in the Aesthetics and Visual Resources, Air Quality,
and Short-term Construction Noise sections of the EIR will not be fully mitigated to a
degree of insignificance with the incorporation of all of the identified required and
R 9367
Resolution No. 9367 (2002 %es)
Page 2
recommended mitigation measures included in the EIR. The City Council endorses
the Mitigated Project Alternative, which the EIR identifies as the environmentally
superior alternative, since impacts would be reduced for most issue areas and all
project objectives would be met. However, the City Council finds that the adverse
environmental effects are acceptable and makes a statement of overriding
considerations for those significant and unavoidable environmental impacts because:
a. The Architectural Review Commission (ARC) unanimously supported the scale
and height of the proposed structure as proposed with four levels of parking above
the offices and one below. The ARC asked that further refinements be made to
the design to further improve its appearance and pedestrian .appeal. The ARC's
direction is consistent with Mitigation Measure VIS -2, which lists specific
recommendations to enhance the design of the structure. The proposed height and
scale is consistent with Land Use Element Policy 4.16.4, which encourages added
height for some downtown landmark buildings.
b. Mitigation strategies help to reduce project emissions and ultimately put the air
basin in closer compliance with established State and federal standards.
c. The unavoidable adverse impact of construction noise is temporary in nature and
can be substantially mitigated by implementation of a construction management
plan that regulates the hours of construction, noise reduction measures, and a
complaint resolution process, consistent with recommended mitigation measures.
d. The City Council concurs with the following overriding public benefits of the
project that the Planning Commission has identified, which are additional reasons
that the significant and unavoidable impacts identified in the Final EIR can be
found acceptable:
• Urban design continuity — development of a parking lot site with an
attractive mixed -use project which would not be achievable without
private capital and investment;
• Improved pedestrian amenities — via the project's pedestrian streets or
paseos in both project components, and the possibility of future linkages
through other sites;
• More attractions for tourists — further tax dollars to keep the downtown
vital and the center of the community; and
• Improved business synergy— the idea of this project creating incentives
for other property owners to seek improvements to their own sites and
increased revenues and foot traffic.
The data to support these overriding factors are found in the following sections of
the record including:
1.) The Environmental Impact Report, specifically Sections 2.6, 3.7 3.9, &
6.0;
Resolution No. 9367 (2002 ,eries) O
Page 3
2.) Letters submitted by the public contained in the project files;
3.) Public testimony provided at this and previous project hearings; and
4.) The applicant's presentation.
e. The Mitigation Monitoring Program has been reviewed and approved by the City
Council in conjunction with the certification of the Final EIR.
SECTION 3. EIR Conditions. Based upon all the evidence, the Council directs that the
following changes identified in the Errata Sheet be included in the Final EIR:
1. Modify Mitigation Measure VIS -3 to add specific performance criteria for any roof level
light standards.
2. Make the changes suggested by the consultant to Response to Comment PCM -25,
Impact 3.9 -6, and Mitigation Measure TRA -5.
SECTION 4. Use Permit Appeal. That this Council, after consideration of the appeal of
Use Permit U 193 -01, a request to allow a multi -level parking structure in the C -C -H zone at 919
Palm Street, the appellant's statement, staff recommendations and reports thereof, makes the
following findings:
1. The Final EIR adequately addresses the proposed changes resulting with project
development, and can be used in taking a final action on all aspects of the project,
including the use permit, and its various components.
2. The development of the multi -level parking garage with ground -floor offices is
consistent with Land Use Element Policy 4.10, which supports the provision of
parking structures in the Downtown Core, and Policies 4.1 and 4.4 of the City's
Access and Parking Management Plan, which respectively call for "parking
structures and surface lots to be located along the periphery of the commercial core as
a means of eliminating traffic congestion and enhancing pedestrian activities ", and
"parking provided in the commercial core for shoppers, tourists, employees and
patrons of government and private offices ".
3. The proposed use is appropriate at the proposed location and will be compatible with
surrounding uses with implementation of the conditions of approval and the mitigation
measures contained in the Final EIR.
4. Given the scale of other nearby buildings, the provision in the Land Use Element for
taller, landmark buildings in the downtown, and the built -in provision of the zoning
regulations which enables the Council to approve certain property development
exceptions, such as height and floor area ratio (FAR), for multi-level parking
structures, the Council finds that the building height and FAR are compatible with
existing uses in the area and maintains the appropriate relationships with surrounding
buildings. A similar height exception was approved for the Marsh Street Parking
Structure.
Resolution No. 9367 (2002trries)
Page 4
5. The proposed offices are consistent with Land Use Element Policy 4.16.1 which
indicates that office with frequent client visits are an appropriate use in ground floor
spaces since they contribute to street level activity.
SECTION 4. Use Permit. Action - Appeal Upheld. The appeal of the Planning
Commission is hereby upheld. Therefore, the project is approved, subject to the following
conditions:
All City Council approved mitigation measures contained in the Final EIR shall be
included as conditions of approval, and are incorporated herein by reference.
2. The Planning Commission shall review annually the impacts of the parking structure
on the surrounding neighborhoods and its internal functioning to assure compliance
with the approved mitigation measures and conditions of approval. At such times, the
Commission may recommend additional mitigation measures and/or revise the use
permit conditions.
3. Consistent with Mitigation Measure VIS -3, all exterior lighting shall be shielded down -
lights that do not shine skyward, or spill onto adjacent properties. Plans submitted for
final review before the Architectural Review Commission shall include details of wall -
mounted light fixtures with illumination levels and shielding mechanisms. This shall
include decorative wall lights, as well as any service area wall pack lights.
4. Plans submitted for final review by the Architectural Review Commission (ARC)
shall include a new planter near the southwestern corner of the building to add some
vertical height near the pedestrian walkway on Morro Street, which helps mitigate
concerns with the bulk and mass of the structure when viewed from the intersection
of Monterey and Morro Streets.
5. Plans submitted for final review by the Architectural Review Commission (ARC)
shall provide specific proposals for public art in plans submitted for final review. The
applicant may consider using part of the public art funds to embellish details of the
building such as walls, windows and columns.
6. The applicant shall provide extra insulation above and below the office floor for noise
attenuation due to the garage activities.
7. The parking structure has been designed so that floors above the proposed office
space might be converted to office spaces in the future. Conversion of any of the
floors to offices shall require the review and processing of a Planning Commission
Use Permit in order that the impacts on the overall downtown parking supply can be
properly evaluated.
8. In order to minimize conflicts between pedestrians and vehicles using the Library
plaza/pedestrian street areas of the project site, hours of delivery for large trucks shall be
limited to between 9:00 p.m. and 9:00 a.m.
Resolution No. 9367 (2002 cries)
Page 5
On motion of Council Member Ewan, seconded by Vice Mayor Marx, and on the following
roll cal] vote:
AYES: Council Members Ewan and Schwartz, Vice Mayor Marx, and Mayor Settle
NOES: Council Member Mulholland
ABSENT: None
the foregoing resolution was passed and adopted this 17th day of September 2002.
Lee Price,
City Clerk
APPROVED AS TO FORM:
f- _ it 0 a I-
• o
rl
�� z
L)
RESOLUTION NO. 9366 (2002 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING ADMINISTRATIVE GUIDELINES IN
CONNECTION WITH THE ISSUANCE AND PROCESSING OF
ADMINISTRATIVE CITATIONS PURSUANT TO CHAPTER 1.24 OF
THE SAN LUIS OBISPO MUNICIPAL CODE AND
ESTABLISHINGTHE AMOUNT OF ADMINISTRATIVE FINES
PAYABLE UNDER SUCH CITATIONS.
WHEREAS, on September 17, 2002, the City Council of the City of San Luis Obispo
introduced for first reading Ordinance No. 1426 (2002 Series) which adds new Chapter 1.24 to Title
One of the San Luis Obispo Municipal Code, entitled "Administrative Code Enforcement Procedures ",
pertaining to the issuance of administrative citations for San Luis Obispo Municipal Code violations;
and
WHEREAS, California Government Code Section 53069.4 and San Luis Obispo Municipal
Code Chapter 1.24 enables the City, acting as a charter city pursuant to Article X1, Sections 5 and 7 of
the State Constitution, to impose and collect civil administrative fines in conjunction with the
abatement of Municipal Code violations; and
WHEREAS, Chapter 1.24 of the Municipal Code also establishes and provides that the City
will continue to employ the philosophy of obtaining voluntary compliance from property owners,
individuals and businesses who violate the Municipal Code; and
WHEREAS, Chapter 1.24 of the San Luis Obispo Municipal Code provides that the City
Council shall by Resolution prepare and promulgate administrative guidelines consistent with the goals
and policies of Chapter 1.24 which establishes, among other things, the requirements for the contents
of a Notice of Administrative Citation and the requirements for proper service of such a Notice; and
WHEREAS, Chapter 1.24 provides that the City Council shall also adopt a Resolution
approving and establishing the amounts of the administrative fines to be imposed pursuant to Chapter
1.24 of the San Luis Obispo Municipal Code.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AS FOLLOWS:
SECTION 1. The Administrative Guidelines for Chapter 1.24 of the City of San Luis Obispo
Municipal Code dated September 17, 2002, attached hereto as Exhibit A, are hereby approved.
SECTION 2. The following Fine Schedule is established for Administrative Citations issued
pursuant to Chapter 1.24 of the San Luis Obispo Municipal Code:
A. For a violation of the San Luis Obispo Municipal Code, the administrative fine
shall be the sum of One Hundred Dollars ($100.00) for each such violation.
B. For the second violation of the same Code section occurring within twelve (12)
months of the prior violation, the administrative fine shall be the sum of Two Hundred Dollars
($200.00).
Resolution No. 9366
Page 2
C. For the third violation, or additional violations thereafter, of the same Code section
occurring within twelve (12) months of the first violation, the administrative fine shall be the sum of
Five Hundred Dollars ($500.00).
SECTION 3. This Resolution shall go into effect upon the final passage and effective date of
Ordinance No. 1426 adding new Chapter 1.24 entitled "Administrative Code Enforcement Procedures"
to the San Luis Obispo Municipal Code.
Upon motion of Vice Mayor Marx, seconded by Council Member Mulholland, and on the
following roll call voter
AYES: Council Members Ewan, Mulholland, and Schwartz, Vice Mayor Marx, and
.Mayor Settle.
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 17' da
ATTEST:
Lee Price, C.M.C.
City Clerk
ffr4 G. J rgens , CiL4 Attorney
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ADMINISTRATIVE CITATION GUIDELINES
(September 17, 2002)
The following Guidelines have been compiled as the basic structure for implementation
of the Administrative Citation Program (Chapter 1.24 of the San Luis Obispo Municipal Code).
Individual Departments and Divisions may vary slightly in their specific application of the
Citation Program.
1. REQUESTS FOR INVESTIGATION
All requests for investigation of a code enforcement matter are to be processed through a
designated staff person. This staff person will create an enforcement case, and if appropriate
schedule a field investigation, and forward a field investigation report (FIR) form to the
appropriate supervisor /coordinator or staff.
2. INVESTIGATION
Upon receiving a field investigation report form, investigating staff when necessary may
review Permit Plan, the City's Records File(s), and Archive Plans (as needed) in order to prepare
for their site investigation. Site investigations will be conducted with staff's safety as a high
priority. If there is any indication of a possible hostile or confrontational environment on the
part of the property owner or other present party, City staff should consult with their supervisor
and should not hesitate to request assistance from the Police Department for the purpose of
keeping the peace.
Additionally, all investigations will be conducted pursuant to the requirement of law, and
in an efficient and courteous manner. Photographs /images will be obtained as needed based on
the judgment of the investigators.
Each field investigation report form will contain the following information:
a. Date of investigation;
b. Name of investigator;
C. Code sections violated;
d. Plain non - technical description of the violation;
e. Statement of remedy (what needs to be done); and
f. Time frames for follow -up investigations and for final abatement.
3. NOTICE OF ADMINISTRATIVE CITATION PREPARATION
Digital images /photos, when obtained, will be organized, numbered, and indexed as to
date, time and exact location and photographer. This will allow the City the proper foundational
basis for using the photograph as evidence at a later time, if necessary. The identified violations
on the field investigation report form shall reference the appropriate image /photo numbers that
depict the violation. The field investigation report form and the photos /images will be forwarded
Exhibit A
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to the designated staff person who shall be responsible for preparing the Notice of
Administrative Citation. Once these documents are prepared and reviewed, a final copy will be
prepared for posting and/or mailing to the appropriate individual or property or business owner.
4. SERVICE OF NOTICE
The Notice of Administrative Citation and any amended Notice of Administrative
Citation, shall be served by the following method:
a. Personal or Mailed Notice. Personal service or certified mail, postage prepaid,
return receipt requested, to each owner as required pursuant to the provisions of Chapter
1.24 of the Municipal Code at the address as it appears on the last equalized assessment
roll of the County or as otherwise known to staff. The address of the owner shown on the
assessment roll shall be conclusively deemed to be the proper address for the purpose of
mailing such notice. Simultaneously, a copy of the same Notice shall be sent by first
class (regular) mail to the same address. If a notice that is sent by certified mail is
returned unsigned, then service shall be deemed effective pursuant to the regular mail,
provided the notice that was sent by regular mail is not returned.
b. Failure to Receive Notice. The failure of the person with an ownership (title)
interest in the property to receive any notice served in accordance with these guidelines
or Chapter 1.24 of the Municipal Code shall not affect the validity of any proceedings
taken under this Code. If the address of the owner of record, after diligent search, cannot
be found, the notice may be served by posting a copy thereof in a conspicuous place upon
the property for a period of ten (10) days.
5. SERVING A NOTICE OF ADMINISTRATIVE CITATION
Clerical staff may be designated to process all certified mail requests while investigation
staff will process all property posting requests themselves. Certified mail returned due to
inaccurate addressing will have the mailing information confirmed and be mailed once
more. Posting will be used in the event service by mail is unsuccessful. Posted notices
will be considered served 10 days after posting on the property in a conspicuous location.
Proper posting shall consist of enclosing the Notice in some form of sealed plastic and
either securely taping it to the property or stapling or tacking the Notice to a.stake and
staking the property with the Notice.
6. PROOF OF SERVICE
Proof of service of the Notice of Administrative Citation shall be documented at the time
of service by a declaration under penalty of perjury executed by the staff person effecting
service, declaring the time and manner in which service was made and filed in city records.
Exhibit A
2
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7. CONTENTS OF NOTICE OF ADMINISTRATIVE CITATION
The Notice of Administrative Citation shall consist of the basic form, attached hereto as
Attachment 1, and should contain the following information:
a. The correct full name of the owner or owners.
b. The date on which an inspection established the Code violation.
C. The Municipal Code section violated.
d. The City address where the Code violation occurred.
e. A narrative description of the violation established by the inspection stated in
plain, simple, non - technical language. Photographs of the violation are
encouraged.
f. A narrative which describes the remedies for the abatement of the identified
violation.
g. A statement (warning) advising the individual, property owner or business owner
that if the described conditions are not abated within the time frame specified, the
City may proceed, as authorized by law, to assess an administrative fine as
authorized by Chapter 1.24 of the Municipal Code.
h. A statement assessing the amount of the fine and setting the effective date of the
fine if voluntary compliance is not obtained by the date established in the Notice
of Administrative Citation.
i. A summary and statement of the procedures necessary to pay the administrative
fine.
j. A statement advising that any person having any title interest in the property may
appeal the Notice of Administrative Citation to the Hearing Administrator. The
statement shall also include instructions as to how to request an appeal.
k. A statement that the Code violation is a public nuisance and that collection of
unpaid administrative fines may, at the City's option, be enforced as an
assessment or lien against the real property.
1. The signature of the staff person issuing the Notice of Administrative Citation.
m. The date the Notice of Administrative Citation is issued.
n. Any other information deemed necessary by the City for due enforcement or fine
collection purposes.
8. RECORDS AND RECORD KEEPING.
All final City staff work documents (except those documents identified as "Confidential —
Attorney /Client Communications ") pertaining to the business of an enforcement case should be
immediately sent to the records division of the appropriate City Department for filing in the
street files. Incoming correspondence, reports, surveys, etc. should be immediately sent to the
records division for filing in the street files. Enforcement staff may keep duplicates of these
documents in their personal files if they wish. No original public records should be kept in
places other than the records division.
Exhibit A
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9. FOLLOW -UP INVESTIGATIONS.
Follow -up investigations may be scheduled by staff upon completion of the preparation
of a Notice of Administrative Citation. Investigating staff will keep their code enforcement
follow -up current. Follow -up investigations may be scheduled as follows:
a. For violations which do not need permitting, at the end of the prescribed time
frame;
b. At time of permit application; and
C. At time of permit issuance dates.
10. CLOSING CASES.
Enforcement cases will be closed once all applicable fines and fees have been paid in full,
and the violation has been abated or a building permit has been finally inspected and approved
for occupancy.
11. APPEALS AND HEARINGS.
A Notice of Administrative Citation may be appealed in accordance with Sections
1.24.090 through 1.24.120 of the Municipal Code.
12. PAYMENT OF ADMINISTRATIVE FINES.
All fines may be paid in person at the Finance Department located at 990 Palm Street.
Mailed payments are to be addressed to City of San Luis Obispo, Finance Department, 990 Palm
Street, San Luis Obispo, CA 93401 -3249.
Exhibit A
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RESOLUTION NO. 9365 (2002 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXPENDITURE OF $100,000 FROM THE 2002 -03 STATE BUDGET
TO CONTINUE FUNDING PUBLIC SAFETY PERSONNEL
WHEREAS, the adoption of the 2002 -03 State budget, includes continuation of AB 1913
which established the Supplemental Local Law Enforcement Fund; and
WHEREAS, AB 1913 appropriated $100 million to supplement local law enforcement
budgets; and
WHEREAS, the City of San Luis Obispo has received $100,000 from the 2002 -03
California State budget as granted under AB 1913; and
WHEREAS, the funds may be applied to projects and front line municipal police
services which are in existing budgets but are under- funded; and
WHEREAS, a public hearing was held on September 17, 2002, 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 2002 -03 California State
budget to assist in funding Public Safety personnel, and authorizes the City Administrative
Officer to execute any grant related documents.
Upon motion of Vice Mayor Marx, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Ewan, Mulholland, and Schwartz, Vice Mayor Marx,
and Mayor Settle.
NOES: None.
ABSENT: None
the foregoing resolution was adopted this 17th day of September 2002.
ATTEST:
Lee Price, C.M.C.
City Clerk
R 9365
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Resolution No. 9365 (2002 Series)
Page 2
APPROVED AS TO FORM:
' 'EM Ph _r r
RESOLUTION NO.9364 (2002 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE LOCAL AGENCY
GRANT PROGRAM — FISCAL YEAR 2003 -2004 UNDER THE HABITAT
CONSERVATION FUND PROGRAM OF THE CALIFORNIA WILDLIFE
PROTECTION ACT OF 1990 FOR ACQUISITION OF THE FILIPPONI PROPERTY
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 fish and wildlife habitat
protection purposes; and
WHEREAS, the State Department of Parks and Recreation has been delegated the
responsibility for the administration of a portion of the program within the state, setting up
necessary procedures governing application by local agencies under the program; and
WHEREAS, said procedures established by the State Department of Parks and
Recreation require the applicant to certify by resolution the approval of the application before
submission of said application to the State; 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. Authorizes the filing of an application for the Habitat Conservation Fund Grant Program
under the California Wildlife Protection Act of 1990 state grant assistance for the Filipponi
property acquisition project for purposes of habitat protection and enhancement; and
2. Certifies that said applicant understands the assurances and certification in the application
form; and
3. Certifies that said applicant 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
4. Appoints the City Administrative Officer as agent of the City to conduct all negotiations,
execute and submit all documents, including, but not limited to, applications, agreements,
amendments, payment requests and so on, which may be necessary for the completion of the
aforementioned project.
m1 exec!
Resolution No. 9364 (2002OSeries)
Page 2
On motion of Councilmember Ewan, seconded by Councilmember Schwartz, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Mulholland, Schwartz, Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of September, 2002.
Allen K. Settle, Mayor
Lee Price, City Clerk
APPROVED AS TO FORM:
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