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5900-5949
F r - RESOLUTION NO. 5949 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING CERTAIN PERSONAL PROPERTY AS SURPLUS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council herein declares that all items of personal property listed in Exhibit "A" attached and incorporated herein by reference shall be surplus property. SECTION 2. That the sale of such property is hereby authorized. On motion of Councilman Settle—, seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of May . 1986. NIN ATTEST. City Jerk Pamela Vo s APP E Q 5 Ass stant to Cit Admini trative Officer 1 City At Finance Di R 5949 PUB IT 11A PROPERTY LIST DEPT DESCRIPTION CITY NO. ID* QTY PUBLIC WORKS WAYNE- SWEEPER 0168 945516 1 COMMUNITY DEV 79 DODGE 0679 NL29CB223616 1 PUBLIC WORKS 77 CHEV 0377 CLN1468206408 1 * POLICE DEPT 82 CHEV 0682 IAL69LIC1249002 1 * PUBLIC WORKS 70 FORD 1170 OP54Y140650 1 PUBLIC WORKS POWER BROOM 1 PUBLIC WORKS TOW CHIP SPREADER I PUBLIC WORKS TAR POT 1 * Property declared Surplus by the City Council on February 4, 1986 on Resolution No. 5888. ��;Xon -, �� /� � � RESOLUTION NO.5948 0986 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO SUPPORTING PROPOSITION NO. 47: GUARANTEEING THE VEHICLE LICENSE FEE AS A LOCAL GOVERNMENT REVENUE SOURCE WHEREAS, the Vehicle License Fee has been a major source of general fund revenues for local government since 1935; and WHEREAS, the California State Legislature gave itself the authority during the period 1978 to 1984 to withhold funds from the VLF to balance its own budget; and WHEREAS, during fiscal year 1981 -82, state government kept $276 million of these traditionally local government revenues for its own use; and WHEREAS, during fiscal year 1982 -83, state government appropriated $318.1 million to balance its own budget; and WHEREAS, during fiscal year 1983 -84, state government kept $374.3 million for its own use, for a total.loss to local government of $727.8 million; and WHEREAS, during each.of those years, the Legislature was unable to determine how much of these traditionally local government revenues it would need to balance its own budget until after the fiscal year began; and WHEREAS, such delays in determining how much revenues ultimately would be available to local government severely restricted flexibility in the local government budget planning process; and WHEREAS, the citizens of California's cities and counties are best served when government is funded through reliable, secure and very predictable revenues. NOW, THEREFORE, BE IT RESOLVED that the City of San Luis Obispo does hereby support Proposition No. 47, which will constitutionally guarantee the Vehicle License Fee as a local government revenue source. Rappa On motion of Councilman Settle ,.seconded by Councilwoman / , and on the following roll call vote: AYES: Councilmembers Settle, Rappa,. Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was adopted this 6th day of -May'-, 1986. R 5948 C� ATTE oA CIT4 CLERK PAMELA GES s * * s Apyfoy,�d Cit=minist ti ve Ofwficei7 City A orney 1 1 L I RESOLUTION NO. 5947 (1986 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO SUPPORTING PROPOSITION NO. 46: RESTORATION OF GENERAL OBLIGATION BOND AUTHORITY TO THE VOTERS WHEREAS, General Obligation bonds are the least expensive form of borrowing available to local governments agencies; and WHEREAS, the Constitution of the State of California currently prohibits the voters from approving the use of General Obligation bonds based on the property tax; and WHEREAS, no matter how much the voters of a community want to build new schools or parks or other public construction projects, they are prohibited by the State Constitution from approving an increase in their own property taxes to finance such construction; and WHEREAS, the voters should have the right to determine for themselves whether a public construction project is worth paying for; and WHEREAS, the people should have the right to use the least expensive form of financing available.; and WHEREAS, Proposition 46 would restore to the voters the right to use General Obligation bonds; and WHEREAS, Proposition 46 would permit the use of General Obligation bonds only for the purchase and improvement of real property, not for any other purpose; and WHEREAS, Proposition 46 would require a two- thirds vote of the people voting in a subsequent election to approve any increase in their local property taxes. NOW, THEREFORE, BE IT RESOLVED, that the City of San Luis Obispo does hereby support Proposition No.. 46, which will put the people in charge of determining any future increases in their local property taxes and restore to them the opportunity to use the least expensive form of financing available. On motion of Councilman Settle seconded by Councilwoman Rappand on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was adopted this 6th day of MaY " 1986. R 5947 7LLaz� CIT CLERK PAMELA 6GES Cit=inistr ive� 0 ficefJ City At rney * s x A DUNIN i' 7 -.� r RESOLUTION NO. 5946 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DESIGNATING AUTHORITY TO MAKE. SEM041 NT AGREEMENTS ON WORKERS' COMPENSATION CLAIMS AGAINST THE CITY WHEREAS, the City of San Luis Obispo is a member of the Central Coast Cities Joint Powers Agreement ( CCCJPA) for workers' compensation purposes; and WHEREAS, as a result, the City receives the services of an independent CCCJPA workers' compensation administrator who will administer claims filed against it; and .WHEREAS, for the expedient settlement of claims necessary to minimize costs of the City, it is necessary that the City staff and. the independent administrator have.specified authority on behalf of the City to immediately enter into Settlement Agreements without prior specific authorization of the Council as to any particular case; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:. SECTION 1. Upon investigation and determination by the CCCJPA workers' canpensation administrator for the City that the City may be liable under the California workers' compensation laws for injury or illness resulting in a claim against the City, the Administrator shall have the authority to enter into a Settlement Agreement that does not exceed Five 'Thousand and no /100ths Dollars ($5,000.00). This authority may be suspended or reduced at any time by the City Administrative Officer. SECTION 2. Then a possible settlement with the City exceeds Five Thousand and no /100ths Dollars ($5,000.00) and it is determined that the City, under the California Workers' Compensation laws, may be liable for the claim, the City Administrative Officer or his/her designee shall have the authority to enter into a Settlement Agreement that does not exceed Twenty Thousand and no /100ths Dollars ($201000.00). R 5946 Resolution No. 5946 (1986 Series) Any such Settlement Agreement shall be approved by both the City Administrator and the City Attorney prior to being effective. SECTION 3. Any proposed settlement of a claim in which the staff cannot reach concurrences to settle as provided in 2 above, or which amounts to Twenty 'Thousand and no /100ths Dollars ($20,000.00) or more, shall be referred to the City Council for determination. On motion of Councilman Settle , seconded by Councilwoman Rappa, and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th day of May , 1986. ATTEST: ( ......... 6Lrra- .`; ) _..... CITY CLEIZK PAMELA VOGE * * * * * * * * * * 7a4 City Administrative ClfficeiV �� /e ,��onnP/ n .RESOLUTION NO. 5945 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING INVESTMENT OF THE CITY /COUNTY LIBRARY JOINT AGREEMENT MONIES_ IN LOCAL AGENCY INVESTMENT FUND ATTACHMENT "A" TO A CITY /COUNTY JOINT POWERS AGREEMENT WHEREAS, pursuant to Chapter 730 of the Statutes of 1976 Section 16429.1 was added to the California Government Code to create a Local Agency Investment Fund in the State Treasury for the deposit of money of a local agency for purposes of investment by the State Treasurer; and 1 WHEREAS, the City Council does hereby find that the deposit and withdrawal of money in the Local Agency Investment Fund in accordance with the provisions of Section 16429.1 of the Government Code for the purposes of investment as stated therein as in the best interests of the San Luis Obispo City /County Library Joint Powers Agreement. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as f ollows: SECTION 1. The council hereby authorizes the deposit and withdrawal of City /County Library Joint Powers Agreement monies in the Local Agency Investment Fund in the State Treasury in accordance with the provisions of Section 16429.1 of the Government Code for the purpose of investment as stated therein. SECTION 2. The County of San Luis Obispo officers or their successors in office shall be authorized to order the deposit or withdrawal of monies in the Local Agency Investment Fund: Frank L. Freitas, Treasurer -Tax Collector Renee Simon, Assistant Treasurer -Tax Collector Melissa Rebman, Investment Analyst SECTION 3. This resolution shall be Attachment A to the City /County Library Joint Powers Agreement. R 5945 l Resolution No. 5945 (1986 Series) Page 2 On motion of.Councilman.Settleseconded by Councilwoman Rappa, and on the following roll call vote: AYES, Councilmembers Settle, Rappa, Dovey., Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of May 1986. unin ATTEST: APP VED: ez f'm" City Administrative ffi City A Financ Coinmunity Development Director ,dun � pll7CL46?Pi (�ncbeeo 0 RESOLUTION NO. 5944 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AMENDMENTS TO THE SUBDIVISION AGREEMENTS BETWEEN THE CITY AND SANTA LUCIA HILLS,. INC. EXTENDING THE TIME TO COMPLETE THE SUBDIVISION IMPROVEMENTS FOR TRACT NO. 929 (UNITS 1 THRU 6) Be.it resolved by the Council of the City of San Luis Obispo as follows: SECTION 1.. Those certain agreements attached hereto marked Exhibits A -1, A -2, A -3 and A -4 and incorporated herein by reference between the City of San Luis Obispo and Santa Lucia Hills, Inc., are hereby approved and the -Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreements approved by it to Santa Lucia Hills, Inc., The City Engineer, and the Community Development Director. On motion of Councilman Griffin , and seconded by Councilwoman Rappa and on the following roll call vote: AYES Councilmembers Griffin, Rappa, Dovey, Settle and Mayor Dunin NOES None ABSENT None the foregoing Resolution was passed and adopted this 28th day of April , 1986. YOR RON DUNIN ATTEST: P4 � � �1 _ V CI Y CLERK PAMELA VA3ES R 5944 Resolution No. 5944 (1986 Series) Approved: PQ City Administrative 0 fife /4 1 1 �/, � �-� City At orney r.� City E in eer Exhibit -A -1 AGREEMENT. This agreement this 28th day of April, 1986, by and between Santa Lucia Hills, Inc. (herein referred to as "Subdivider "), and the City of San Luis Obispo (herein referred to as "City "). WITNESSETH: Reference is hereby made to that property in the City of San Luis Obi State of California, as shown on the City of San Luis Obispo, California, November 1, 1983. WHEREAS, a subdivision agreement above- mentioned parties to guarantee requirements, and certain subdivision, of real spo, County of San Luis Obispo, final map of Tract 929,.Unit 1, as approved by the City Council on was entered into between the completion of the subdivision WHEREAS, the original agreement has expired, and WHEREAS, the subdivider has substantially completed the -subdivision improvements and has requested a_ time extension to October 22, 1986, to complete the work. NOW, THEREFORE, the subdivision agreement dated.November 1, 1983, for Tract 929, Unit 1, is hereby renewed and modified so as to extend the time of completion to October 22, 1986, to complete the subdivision improvements_ All other provisions of the aforementioned subdivision Agreement shall remain in force, including the subdivision guarantee. IN WITNESS, WHEREOF, this agreement has been executed by Santa Lucia Hills, Inc.. SANTA LUCIA.HILLS; INC,.. --,A -- (Ti %(Name) T le) J CITY OF SAN LUIS OBISPO MAYOR RON DUNIN ATTEST: cz CI Y CLERK PAMELA OGES Approved: 0, City AdministrativeyOffi er )6� City Attor ey City ineer • f� Exhibit A -2 AGREEMENT This agreement this 28th day of April, 1986 by and between Santa Lucia Hills, Inc. (herein referred to as "Subdivider "), and the City of San Luis Obispo (herein referred to as "City "). WITNESSETH: Reference is hereby made to that certain subdivision, of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the final map of Tract 929, Unit 2, City of San Luis Obispo, California, as approved by the City Council on May 15, 1984. WHEREAS, a subdivision agreement was entered into between the above - mentioned parties to guarantee completion of the subdivision requirements, and WHEREAS, the original agreement has expired, and WHEREAS, the subdivider has substantially completed the subdivision improvements and has requested a time extension to October 22, 1986, to complete the work. NOW, THEREFORE, the subdivision agreement dated May 15, 1984, for Tract 929, Unit 2, is hereby renewed and modified so as to extend the time of completion to October 22, 1986, to complete the subdivision improvements. All other provisions of the aforementioned subdivision agreement shall remain in force, including the subdivision guarantee. IN WITNESS, WHEREOF, this agreement has been executed by Santa Lucia Hills, Inc.. SANTA LUCIA HILLS, INC. Name) (Title) CITY OF SAN LUIS OBISPO MAYOR RON DUNIN ATTEST: CIT CLERK PAMELA VO S 0 Ap ed: - n � Q Ci y Administrative off er City A torney Cit yj ngin er 0 Exhibit A -3 AGREEMENT This agreement this 28th day of April, 1986, by and between Santa Lucia Hills, Inc. (herein referred to as "Subdivider "). and the City of San Luis Obispo (herein referred to as "City "). WITNESSETH: Reference is hereby made to that certain subdivision, of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the final map of Tract 929, Units 3 & 4, City of San Luis Obispo, California, as approved by the City Council on August 21, 1984. WHEREAS, a subdivision agreement was entered into between the above - mentioned parties to guarantee completion of the subdivision requirements, and WHEREAS, the original agreement has expired, and WHEREAS, the subdivider has substantially completed the subdivision improvements and has requested a time extension to October 22, 1986, to complete the work. NOW, THEREFORE, the subdivision agreement dated August 21, 1984, for Tract 929, Units 3 & 4, is. hereby renewed and modified so as to extend the time of completion to October 22, 1986, to complete the subdivision improvements. All other provisions of the aforementioned subdivision agreement shall remain in force, including the subdivision guarantee. IN WITNESS,. WHEREOF, this agreement has been executed by Santa Lucia Hills, .Inc.. SANTA LUCIA HILLS, INC. i (Name) U, (Title) CITY OF SAN LUIS OBISPO �RON DUNIN ATTEST: CIT CLERK PAMELA V S Approved: Ct�- 0- 4-5-7-2�- City Administrafive-&ficerj City At ,. rney City )gineer i Exhibit A -.4 AGREEMENT This agreement this .28th _ day of April, 1.986 by and between Santa Lucia Hills, Inc. (herein referred to as "Subdivider "), and the City of San Luis Obispo (herein referred to as "City ").. WITNESSETH: Reference is hereby made.to that certain subdivision, of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the final map of Tract 929, Units 5 & 6, City of San Luis Obispo, California, as approved by the City Council on December 4, 1984. WHEREAS, a subdivision agreement was entered into between the above - mentioned parties to guarantee completion of the subdivision requirements; and WHEREAS, the original agreement has expired, and WHEREAS, the subdivider has substantially completed the subdivision improvements and has requested a t -ime extension to October 22,1986, to complete the work_ NOW, THEREFORE, the subdivision agreement dated December 4, 1984, for Tract 929, Units 5 & 6, is hereby renewed and modified so as to extend the time of completion to October 22, 1986, to complete the subdivision improvements. All other provisions of the aforementioned "subdivision agreement shall remain in force, including the subdivision guarantee. I.N WITNESS, WHEREOF, this agreement has been executed by Santa Lucia Hills, Inc.. SANTA LUCIA HILLS, INC. (Name) (Title) CITY OF SAN LUIS OBISPO MA OR RON DUNIN ATTEST: - �Q— Ag. 0-i Ie^ CiT CLERK PAMELA 76 ES 0 Approved: n'� Q City Administrative Officer City Atto ey - - -- City ngineer 101 �-2 �2� � �. �G�:..�. RESOLUTION NO. 5943 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO AN AGREEMENT BETWEEN THE CITY AND THE COUNTY OF SAN LUIS OBISPO CONCERNING THE CITY /COUNTY HISTORICAL MUSEUM BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That certain agreement, attached hereto marked Exhibit "A" and incorporated herein by reference, between the City of San Luis Obispo and the County of San Luis Obispo is hereby approved and the Mayor is authorized to execute the same. SECTION 2. The City Clerk shall furnish a copy of this Resolution and a copy of the executed agreement approved by it to: Public Works Director, Finance Director, and County of San Luis Obispo. On motion of Councilman. Griffin , seconded by Councilwoman pove Y and on the following roll call vote: AYES: Councilmembers Griffin, Dovey, Rappa, Settle and Mayor Dunin NOES: None ABSENT:. None the foregoing Resolution was passed and adopted this 22nd. day of April , 1986. R 5943 C Resolution No. 5943 ATTEST � CITY CLERK PAMELA NKd APPROVED: City Administra City At Finance Dire or /Z � Public Works Director dfrcomuseum (1986 Series) OR RON DUNIN AMENDMENT #2 TO THE NOVEMBER 1, 1954 AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR THE LEASE OF THE OLD CITY LIBRARY BUILDING This Amendment #2 to the Agreement dated November 1, 1954, between the County of San Luis Obispo and City of San Luis Obispo is made and entered into on the 22nd• day of April , 1986 by and between the County of San Luis Obispo, hereinafter referred to as the "County" and the City of San Luis Obispo, hereinafter referred to as the "City "; jointly referred to hereinafter as the "Parties ". WHEREAS, the Parties entered into an Agreement dated November 1, 1954, whereby the City leased to the COUNTY, and COUNTY leased from the CITY, the old City li.brary, hereinafter referred to as the "Premises ", upon the condition that the COUNTY use and devote said facility for museum and historical purposes, and WHEREAS, the County has accepted the California Park and Recreational Facilities Act of 1984 . grant allocation from the 1985/86 Legislative Budget in the amount of $85,000 on August 29, 1985, and WHEREAS, the County and City wish to revise the necessary repairs to museum to include entry portico, the modification of the mechanical and electrical systems and handicap access study. NOW, THEREFORE, in consideration of the mutual and respective covenants set forth herein, and subject to all of the terms and conditions hereof, the parties agree as follows Amendment #1 dated October 16, 1984 between the COUNTY and CITY is hereby deleted in its entirety and is superseded and replaced by this Amendment #2: The City /County Historical Museum is in need of repairs. Scope of said project shall include repair to entry portico, repair and modification to the mechanical and electrical system and a handicapped access study. Total costs of project not to exceed one hundred and seventy four thousand dollars ($174,000) as follows: California Park and Recreation Facilities Act Grant E 859000 City of San Luis Obispo 44 500 San Luis Obispo County 44,500 $174,000 The City shall coordinate, process, and execute all contracts, agreements, amendments and ancillary documents within the scope of the project; except for those related directly to the grant disbursement which will be performed by the County.. The County shall charge the actual direct costs to the project for the Capital Project Coordinator assigned to this project. As recipient of the $85;000 grant, the County shall encumber the necessary monies to manage the project. The County shall maintain the appropriate accounting system for grant participation and shall provide adequate audit trails. The City shall administer their own $44,500 committed funds and the County will administer its own $44,500 committed funds. During the course of the project the City shall authorize and submit all bills and Exhibit A 0 C supporting documentation to the County for paymnet that is related to the project at the museum. One hundred percent of bills related to actual construction of museum improvements to be reimbursed to City from the $85,000 grant. Any other bills will be reimbursed to City on a fifty percent of total bill ratio and will be paid from County's $44,500 committed fund's. When and if the $85,000 grant fund money is completely used then all remaining bills will be paid on ,a fifty percent of total bill ratio out of County's $449500 committed funds. Any residual monies remaining from County's $44,500 committed funds after completion of project shall be applied to the implementation of any handicapped improvements identified in the handicap access study on a dollar for dollar matching basis with City but under no circumstances to exceed the originally committed $44,500. Both parties shall perform within the "Procedural Guide" and any amendments as prepared by the office of Historic Preservation (October 1985)," COUNTY OF SAN LUIS OBISPO By: Chairman of e oar o upery sors Approved by the Board of Supervisors on the day of 1986. ATTEST: Clerk of the Board OT Supervisors APPROVED AS TO FORM AND LEGAL EFFECT JAMES B. LINDHOLM, JR.., COUNTY COUNSEL By: eputy oun ounse Date:. CITY OF IS OBISPO _ B iN APPROVED BY THE CITY .COUNCIL OF SAN LUIS OBISPO on the 22nd day of April TM. ATTES APPROVED AS TO FORM AtYD LEGAL EFFECT Roger P' uet, City torney By Date: 5765w/tb 4/27 - uk: �. .� r� � �� � ��� ��� � G�?� .� RESOLUTION NO. 5942 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO MODIFYING THE DUTIES AND COMPENSATION OF THE ASSISTANT CITY ADMINISTRATIVE OFFICER AND APPOINTING TOBY ROSS TO THE POSITION OF ASSISTANT CITY ADMINISTRATIVE OFFICER WHEREAS, the City Council created the position of Assistant City Administrative Officer effective July 1, 1982; and WHEREAS, the City Administrative Officer has recommended modifying the duties, responsibilities and compensation of said position; and WHEREAS, under Section 701 of the City Charter the Council has the authority to appoint and remove certain City officials including deputies and assistants to the City Administrative Officer; and WHEREAS, under Resolution 5797 (1985 Series) the Council has established a Management Compensation Plan and has the responsibility to review and consider amendments to said plan which reflect changes in the organizational needs and objectives; and WHEREAS, the City Administrative Officer has recommended to Council that Toby Ross, current Community Development Director, be appointed to the position. NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo as follows: 1. The position of Assistant City Administrative Officer is hereby modified to reflect the change in duties and responsibilities as shown on Exhibit "A." 2. Resolution 5797 (1985 Series), Table A is hereby modified to reflect the Assistant City Administrative Officer position being changed from Management Group VI to Management Group IV. 3. Toby Ross is hereby appointed to the position of Assistant City Administrative Officer effective June 1, 1986 or when a Community Development Director is hired, if prior to June 1. R 5942 Resolution No. 5942 (1986 Series) Page 2 On motion of Councilwoman Dovey seconded by Councilman Griffin and on the following roll call vote: Ayes: Councilmembers Dovey, Griffin and Mayor Dunin Noes: Councilmembers Rappa and Settle Absent: None the foregoing resolution was passed and adopted this 15th day of April 1986. • ATTEST: 2=sL L1016% Ci y Clerk Pameladvoges AP City Administr tive bffiker City A orney ja6:n�a 2-0� Personnel Director Finance D: ector n EXHIBIT "A" City of San Luis Obispo ASSISTANT CITY ADMINISTRATIVE OFFICER GENERAL STATEMENT OF DUTIES: Code: 025 March, 1986 The Assistant City Administrative Officer plans, directs, supervises and coordinates assigned operational functions and special projects; coordinates, monitors and provides professional assistance to departments with the City's Capital Improvement Program and projects; represents the City Administrative Officer on assigned projects and committees. SUPERVISION RECEIVED: Works under general direction of the City Administrative Officer (CAO). SUPERVISION EXERCISED: Exercises supervision over professional and administrative personnel as assigned. EXAMPLE OF DUTIES: (Any one position may not include all of the duties listed, nor do all the listed examples include all tasks which may be found in positions of the class.). Coordinates and participates in the preparation of the City's Capital Improvement Program. Monitors and analyzes capital projects and recommends necessary actions. Coordinates construction programs for large capital projects. Serves as the CAO's representative and assists the Finance Director and department heads in the preparation of the City's budget. Coordinates and participates in the preparation and presentation of comprehensive "reports and recommendations on assigned projects... Supervises assigned professional and administrative staff on projects and interdepartmental teams on specific activities. Assists in the development of City goals, objectives, policies and procedures. Researches, analyzes and prepares recommendations on major issues. Administers various programs as assigned. Serves as acting CAO, as assigned, including representing the City on intergovernmental projects or at public meetings. Assistant City Administrative Officer Page 2 REQUIRED KNOWLEDGE, SKILLS AND ABILITIES: Thorough knowledge of the principles and practices of public administration and management; laws and procedures related to municipal budgets and capital improvement programs. Knowledge and experience in effective techniques of supervision and public relations. Ability to communicate effectively with the City Council, media, and the general public; work cooperatively with staff from various departments and at various levels. Ability to manage major projects and programs; develop and manage administrative programs. Ability to supervise and perform technical research and statistical canpilation; prepare clear, accurate comprehensive reports; supervise, train, and evaluate assigned staff. QUALIFICATIONS FOR APPOINTMENT: Bachelor's degree in public administration, social science, or a related field. Five years of increasingly responsible professional managerial -level administrative experience including both supervisory and project direction. A master's degree in a related field may be substituted for one year of experience. Broad experience in government is desired. EXHIBIT "B" Resolution No. 5797 (1985 Series) Page 2 TABLE "A" MANAGEMENT SALARY SCHEDULE - .FISCAL.YEAR 1985 -1986 1985 -1986 Management Group Management Position Salary Range I City Administrative Officer $4600 - $5200 II City Attorney $4000 - $4600 III City Clerk $2500 - $3100 IV Public Works Director $3700 - $4300 Fire Chief Police Chief Community Development Director V City Engineer $3300 - $3900 Finance Director Utilities Manager VI Personnel Director $2900'- $3500 Recreation Director Asst. City Administrator Officer VII Asst. to the City Administrative Officer $2000 - $2600 Section 2. For individuals in Management Groups I through III, the City Council shall determine compensation, including salary within the designated ranges, after evaluating performance, the management profession, and funding constraints. Section 3. The City Administrative Officer is responsible.for and shall be held accountable to the Council for the performance and evaluation of subordinate management staff. The City Administrative Officer shall evaluate and determine individual levels of salary for positions within management groups IV through VII in accordance with professional compensation principles. Such determinations shall reflect merit and performance as the standard and basis for managerial compensation. Such determinations shall be within the respective r RESOLUTION NO. 5941 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY AND JOHNSON DESIGN ASSOCIATES WHEREAS, that certain agreement attached hereto marked Exhibit "A" and incorporated herein by reference approving an agreement between the City and Johnson Design Associates to provide advertising services for the Promotional Coordinating Committee, is hereby approved and the Mayor is authorized to execute the same. NOW, THEREFORE, BE IT RESOLVED that the City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: JOHNSON DESIGN ASSOCIATES 1880 Santa Barbara San Luis Obispo, CA 93401 On motion of Councilwoman Dov y , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Dovey, Rappa, Griffin, Settle and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this.'15t1Tlay of April , 1986. ATTEST: CIT CLERK PAMELA V ES App_ d: l� City Administrative 0 fif 'chi City A t rney i R 5941 J�hr�SO� ��� � ,�� �z� 0 n�c� �('�� I� ,. , :.; -. . �, �� .. _ ., , P, PROFESSIONAL SERVICES AGREEMENT This agreement, made this 15th day of April, 1986, by and between the CITY OF SAN LUIS OBISPO, California (hereinafter referred to As "City "), and JOHNSON DESIGN ASSOCIATES OF SAN LUIS OBISPO, CALIFORNIA, (hereinafter referred to as "Contractor"). WITNESSETH: WHEREAS, City desires to retain certain professional services in conjunction with a promotional advertising program as recommended by the Promotional Coordinating Committee (PCC). The services being provided by the Contractor under this contract are.professional advertising services to facilitate and implement the specific components of the program; and WHEREAS, City desires to engage Contractor to provide these services by reason of its qualifications and experience for performing such services, and Contractor has offered to provide the required services on the terms and in the manner set forth herein. NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. PROGRAM COORDINATION a. City. Mike Alamo, Senior Recreation Supervisor, shall be the representative of the city for all purposes under this agreement. He, or his designated representative, hereby is designated as the Program Manager for the City. He shall supervise the progress and execution of this agreement. b. Contractor. Contractor shall assign a single Program Manager to have overall responsibility for the progress and execution of this agreement for Contractor. Doug Johnson is hereby designated as the Program Manager for Contractor. Should circumstances or conditions subsequent to the execution of this agreement require a substitute Program Manager for any reason, the Program Manager designee shall be subject to the prior ,written acceptance and approval by City Program Manager. 2. DUTIES OF CONTRACTOR a. Services to be furnished. Contractor shall provide all specified services as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. b. Laws to be observed. Contractor shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incidental to the due and lawful prosecution of the services to be performed by Contractor under this agreement: (2) Keep itself fully informed of all existing and proposed federal, state and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Contractor's performance under this agreement, or the conduct of the services under this agreement: (3) At all times observe and comply with, and cause all of its employees to observe and comply with all of said laws, ordinances, regulations, orders, and decrees mentioned above. (4) Immediately report to the City's Program Manager in writing any discrepancy or inconsistency it discovers in said laws, -2- 0 ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawings, specifications, or provisions of this agreement. c. Release of reports.and information. Any reports, information, data, or other material given to, or prepared or assembled by, Contractor under this agreement shall be the property of City and shall not.be made available to any individual or organization by Contractor without the prior written approval of the City's Program Manager -. d. Copies-of reports and information. If City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the services under this agreement, Contractor shall provide such additional copies as are requested, and City shal.1 compensate Contractor for the costs of duplicating of such copies at Contractor's direct expense. e. Qualifications of Contractor.. .Contractor represents that it is qualified to furnish the services described under this agreement. 3. DUTIES OF CITY City agrees to cooperate with Contractor and to perform that work described in Exhi` bit "A" attached hereto and incorporated by this reference. The City Program Manager shall work closely with the PCC and will incorporate its comments, guidance and desires into the administration and execution of this contract to the degree.such is reasonable. -3- 0 4. COMPENSATION i The Contractor will perform the work as described in Exhibit "A" and as directed by the City's Program Manager. Contractor will bill City and be compensated in accordance with Exhibit "A" attached hereto and incorporated by this reference. 5. TIME FOR COMPLETION OF THE WORK Program is for the period April 1, 1986, to March 31, 1987. Contractor shall perform services in a timely manner upon direction and guidance from City Program Manager and PCC. Contractor acknowledges timing is at the sole discretion of City. 6. TEMPORARY SUSPENSION. The City Program Manager shall have the authority to suspend this agreement wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the Contractor to perform any provision of this agreement. Contractor will be paid the compensation due and payable to the date of temporary suspension. 7. SUSPENSION; TERMINATION a. Right to suspend or terminate. The City retains the right to terminate this agreement for any reason by notifying Contractor in writing sixty (60) days prior to termination and by paying the compensation due and payable to the date of termination; provided, however, if this agreement is terminated for fault of Contractor. City shall be obligated to compensate Contractor only for that portion of contractor services which are of benefit to City. Said compensation is to be arrived at by mutual agreement of the City and Contractor and should they fail to agree., then an independent arbitrator is to be appointed by -4- C mutual agreement and his decision shall be binding upon the parties. b. Return of materials. Upon such termination, Contractor shall turn over to the City immediately any and all copies of studies. sketches, drawings, computations, and other data, whether or not completed, prepared by Contractor, and for which Contractor has received reasonable compensation, or given to Contractor in connection with this agreement. Such materials shall become the permanent property of City. Contractor, however, shall not be liable for City's use of incomplete materials or for City's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of Contractor are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the City's Program Manager's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its agreement as prescribed. 9. OWNERSHIP OF MATERIALS All original drawings, plans, documents and other materials prepared by or in possession of Contractor pursuant to this agreement shall become the permanent property of the City, and shall be delivered to the City upon demand. 10. INDEPENDENT'JUDGMENT Failure of City to agree with Contractor's independent findings, conclusions, or recommendations, if the same are called for under -5- a 11 ® - this agreement, on the'basis of differences in matters of judgment shall not be construed as a failure on the part of Contractor to meet. the requirements of this agreement. ASSIGNMENT: SUBCONTRACTORS: EMPLOYEES This agreement is for the performance of professional advertising services of the Contractor and is not assignable by the Contractor without prior consent of the City in writing. The Contractor may employ other specialists to perform special services as required with prior approval by the City. 12. NOTICE All notices hereunder shall be.given in writing and mailed, postage prepaid, by Certified. Mail, addressed as follows: To City: Pamela Voges, City Clerk City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 To Contractor: 13. INTEREST OF CONTRACTOR Johnson Design Associates, Inc. 1880 Santa Barbara Avenue San Luis Obispo, CA 93401 Contractor covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise. which would conflict in any manner or degree with the performance of the services hereunder. Contractor further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. Contractor certifies that no one who has or will have any financial interest "under this agreement is an officer or employee of City. It is expressly agreed that, in the performance of the services hereunder, Contractor shall at all times -6- 0 be deemed an independent contractor and not an agent or employee of City. 14. INDEMNITY Contractor hereby agrees to indemnify and.save harmless City, its officers, agents, and employees of and from: 1. Any and all claims and demands which may be made against City, its officers, agents or employees by reason of any injury to or death of any person or corporation caused by any negligent act or omission of Contractor under this agreement or of Contractor's employees or agents; 2. Any and all damage to or destruction of the property of City, its officers, agents, or employees, occupied or used by or in the care, custody, or control of Contractor, or in proximity to the site of Contractor's work, caused by any negligent act or omission of Contractor under this agreement or of Contractor's employees or agents; 3. Any and all claims and demands which may be made against City, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of Contractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the negligence or willful misconduct of City, its officers, agents, or employees; 4. Any and all claims and demands which may be made against. City, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused by the use of any apparatus, appliance, or materials furnished by Contractor under this agreement; and -7- 0 5. Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit, when said violation of any law or regulation or of any term or condition of any permit is due to negligence on the part of the Contractor. Contractor, at its own costs, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought against or for employees on any such claim or demand of such third persons, or to enforce any such penalty, and pay and satisfy any judgment or decree that may be rendered against City, its officers, agents, or employees in any such suit, action or other legal proceeding, when same were due to negligence of the Contractor. 15. WORKERS COMPENSATION Contractor certifies that it is aware of the provisions of the Labor Code of the State of California, which require every employer to be insured against liability for workers compensation or to undertake self- insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 16.. INSURANCE At the request of the City, Contractor shall provide proof of comprehensive general liability insurance ($500,000) (including automobile) and professional liability insurance ($250,000) satisfactory to the City. 17. AGREEMENT BINDING The terms, covenants, and conditions of this agreement shall apply -8- P 0 �7) to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 18. WAIVERS The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or of any provision, ordinance, or law shall not be deemed to be a waiver of any subsequent breach of violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 19. COSTS AND ATTORNEY'S FEES The prevailing party in any action between the parties to this agreement brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorney's fees expended in connection with such an action from the other party. 20. DISCRIMINATION No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If Contractor is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct E �I from the amount payable to Contractor the sum of Twenty -five Dollars ($25) for each person for each calendar day during which such person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under his paragraph. If Contractor is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, Contractor shall be found in material breach of the agreement. Thereupon, City shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to Contractor the sum of Two Hundred Fifty Dollars ($250) for each calendar day during which Contractor is found to have been in such noncompliance as damages for said breach of contract, or both. 21. AGREEMENT CONTAINS ALL UNDERSTANDINGS This document represents the entire and integrated agreement between City and Contractor and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both City and Contractor.. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. -10- u IN WITNESS WHEREOF, City and Contractor have executed this agreement on the day and year first above written. ATTEST• l/ Pamel t Voges, City C 16rk JOHNSON DESIGN AS OCIATES, INC. By n Prn /� ident dl By Title y1(L'�IFCtEi CITY OF SAN LUIS OBISPO By Ma or Ron Dunin -11- EXHIBIT A J The Contractor shall coordinate and implement the year- round, multi- faceted advertising campaign for the promotion of the City of San Luis Obispo. 1. The general direction of the campaign shall be in accordance with the results of the Haskins Report with an emphasis on increasing non- summer tourism. 2. The Contractor will provide the Promotional Coordinating Committee, hereinafter called the "PCC ", with monthly written_ reports describing the updated status of all aspects of the advertising program including but not limited to copies of all ads, tear sheets, all production expenses. bills for services. and outline of work to be completed in the next month. 3. The City's Program Manager will give the Contractor direction based upon monthly review of Contractor's performance and recommendations. 4. The specific advertising campaign shall be as listed in the 1986 -87 City of San Luis Obispo advertising campaign unless modified by the PCC. 5. Payment to the contractor will be made on all completed work previously approved by PCC. Requests for payment can be included in the monthly report to the PCC. All other requests for payment should be made to Program Manager. 6. Rate of payment for work shall be as listed in the 1986 -87 City of San Luis Obispo advertising campaign. 7. The advertising campaign shall consist of the following elements subject to ongoing approval, modifications, and /or enhancement by PCC. 1986 - 1987 CITY OF SAN LUIS OBISPO ADVERTISING CAMPAIGN A. Advertising 1. General traveller 1/6 page series (6 Calendar event themes) Production . . . . . . . . . . . . . . . . . . . . . . $ 2,480.00 Negs . . . . . . . . . . . . . . . . . . . . . . . . . 1,100.00 2. Small Convention /meeting trade ad Production . . . . . . . . . . . . . . . . . . . 500.00 Negs . . . . . . . . . . . . . . . . . . . . . . . . . 250.00 3. Hotel /Restaurant general traveller ads (co -op) One ad each with a business category as a focus Production . . . . . . . . . . . . . . . . . . . . 850.00 Negs . .. . . . . . . . . . . . . . . . . . . 250.00 Subtotal 5,430.00 a El B. Ad Placements 1. Magazines ID SUNSET (6X) L.A. TIMES MAGAZINE (6X) INCENTIVE MARKETING (3X) 2. Newspapers SAN FRANCISCO CHRONICLE (6X) SAN JOSE MERCURY (6X) BAKERSFIELD CALIFORNIAN (6X) FRESNO BEE (6X) Agency coordination fee (in lieu of 15% Agency Commission Approximate Total Insertion Budget . . . . . . . . C. Direct Mail 1. Calendar events overview flyer Production . . . . . . . . . . . . . . . . . . . . . Printing (approximately 40,000 to 50,000 . . . . . . Postage . . . . . . . . . . . . . . . . . . . . List Acquisition . . . . . . . . . . . . . . . . . Coordination and consulting necessary for the administration of multi - pronged mailing program to: 1) Travel Agents; 2) General Travellers; 31 In ent T d 1/6 page $10,000.00 10,700.00 4;500.00 1 col x 4" 4,5bb.00 4,000.00 1,400.00 1,200.00 *3;500.00 39,800.00 1,450.00 8,000.00 5,000.00 1,000.00 c i ve ra e . . . . . . . . . . . . . . . . . 1,260.00 Subtotal $16.710.00 Grand total $61940.00 *Fee varies in proportion to actual number of insertions. s' /���' �� �J L RESOLUTION NO. 5940 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RANKING RESIDENTIAL PROJECTS ACCORDING TO GROWTH MANAGEMENT STANDARDS AFFECTING PROJECTS REVIEWED DURING THE MONTH OF MARCH, 1986 The Council of the City of San Luis Obispo resolves: SECTION 1. Findings. 1. The council has carefully reviewed the characteristics of each of the following projects, based on scoring standards established by Section 17.88.100 of.the Residential Growth Management Regulations. SECTION 2. Action. The following scores are assigned to each project and authorization is granted for issuance of building permits as follows: A. Carhill Condominiums, 1239 Foothill Boulevard (Tract 1327; ARC 85 -70; V1222), Growth Management Standards Score: 12 points. Building permit authorization: 21 units. B. Margarita Condominiums, 251 Margarita Avenue (Tract. 1210, ARC 84 -29, U1150), Growth Management Standards Score: 12 points. Building permit authorization: 4 units. Councilman On motion of Settle seconded by Mayor Dunin , and on the following roll call vote: AYES: Councilman Settle, Mayor Dunin and Councilman Griffin NOES: Councilmembers Dovey and Rappa ABSENT: None the foregoing resolution was passed and adopted this 15th day of April 1986. Ma Rori Dunin ATTES V City Jerk Pamela V es R 5940 U Resolution No. 5940 (1986 Series) Page 2 APPROVED: City Administrative bffiUr A, "'� ---,% City At rney Community Development Director 4 V(-Ilt RESOLUTION NO. 5939 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING AN EXCEPTION FROM THE GROWTH MANAGEMENT REGULATIONS FOR LAS BRISAS RETIREMENT RESIDENCE AT 1299 BRIARWOOD DRIVE The Council of the City of San Luis Obispo resolves: SECTION 1. Findings. 1. In accordance with state and city environmental review guidelines (Section 15305), the exception request is determined to be categorically exempt, as a minor alteration in land -use limitations. 2. It would not be feasible to construct the project in phases because it consists of a single building. 3. Completion of the project would not significantly conflict with the long -term objectives of the regulations, considering recent and anticipated construction levels. SECTION 2. Action. The Las Brisas Retirement Home Project (ARC 84 -164; GP /R 1184), consisting of nineteen dwelling units at 1299 Briarwood Drive is excepted from the monthly limitation on the number of dwellings which may be authorized by building permits. Councilman On motion of settie . seconded by Mayor Dunin . and on the following roll call vote: AYES: Councilmembers Settle, Mayor Dunin and Councilman Griffin NOES: Councilmembers Dovey and Rappa ABSENT: None the foregoing resolution was passed and adopted this 15th day of April 1986. as — M or on Dunin R 5939 Resolution No. 5939(1986 Series) Page 2 APPROVED: 41 a-e,S City Administrative bffi&r Community Development Director I lan-" 'Pe.) RESOLUTION NO. 5938 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING RATES FOR SOLID WASTE.DISPOSAL AND SUPERCEDING-RESOLUTION NO. 5117 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective June 1, 1986 the rates for. solid waste collection and disposal shall be those listed in the following subsections. These rates shall be applied to all bills issued on or after June 1. 1986. A. Residential Customers - Garbage Cans or Waste Wheeler Containers. The base monthly rate for the collection and disposal of refuse for residential customers from standard garbage cans or waste wheeler containers provided by the franchisee shall be $6.15. A standard garbage can shall have a maximum volume of 35 gallons and a maximum weight of 80 pounds. There shall be an additional charge of $3.20 per month for collection away from the street curb. There shall be an additional monthly rental fee of $2.45 for a waste wheeler container. B. Residential Customers - Loose.Rubbish. The rates for collection and disposal of refuse for residential customers from garbage cans or waste wheeler containers shall allow for the additional weekly collection and disposal from the street curb of up to one cubic yard of loose rubbish (as defined by Municipal Code Section 8.04.010), provided that one worker can handle the bundled rubbish. C. Multi -unit Residential Customers - Dumoster Containers. Monthly rates for the collection and disposal of refuse for multi -unit residential customers from dumpster containers provided by the franchisee shall be determined from the following schedule: 1 collection per week per container $3.25 per apartment unit 2 collections per week per container 4.70 per apartment unit container rental 9.40 per Container D. Commercial Customers - Garbage Cans.. Monthly rates for the collection and disposal of refuse for commercial customers from standard garbage cans with a maximum volume of 35 gallons per can and a maximum weight of 80 pounds per can shall be determined from the following schedule: R 5938 Resolution No. 5938 (1986 Series) NUMBER OF CANS 1 2 COLLECTIONS PER WEEK 3 4 5 6 7 1 $ 6.15 $ 10.30 $ 15.45 $ 17.15 $ 18.90 $ 20.60 $ 23.60 2 7.70 15.45 20.60 22.65 24.70 26.75 30.90 3 9.75 18.60 25.75 27.40 29.10 30.90 36.90 4 11.90 21.75 29.90 32.65 35.35 38.05 45.30 5 13.85 24.75 34.05 37.70 41.45 45.30 53.45 6 16.00 27.70 38.05 43.00 48.05 52.45 61.75 7 18.05 30.90 42.35 48.35 54.35 59.80 70.05 8 20.00 34.05 46.30 53.20 60.00 66.95 78.20 9 22.15 37.00 50.50 58.25 66.15 73.65 86.50 10 24.15 40.20 55.60 64.10 72.60 81.35 94.65 (1) Where more than 10 cans are collected, the additional charge per can per collection shall be $2.15. E. Commercial Customers - Waste Wheeler Containers. Monthly rates for the collection and disposal of refuse for commercial customers from waste wheeler containers provided by the franchisee shall be determined from the following schedule: NUMBER COLLECTIONS PER WEEK OF CONTAINERS 1 2 3 4 5 6 7 1 $ 10.30 $ 15.45 $ 18.45 $ 25.70 $ 32.20 $ 35.95 $ 46.25 2 20.60 30.75 36.85 51.40 64.35 71.90 92.50 3 24.15 34.95 44.15 57.85 69.65 76.05 106.90 4 27.70 39.15 51.40 64.20 74.95 80.15 121.30 5 30.85 43.70 59.15 74.95 93.15 100.20 141.30 6 34.00 48.25 66.85 85.65 111.35 120.25 161.30 7 37.70 54.95 77.10 102.40 129.95 140.25 180.85 8 41.40 61.65 87.35 119.05 148.55 160.30 200.40 9 45.10 67.15 95.60 133.85 162.85 176.75 240.75 10 48.70 73.70 103.80 148.65 177.10 193.25 281.05 11 52.45 79.80 112.05 163.40 191.35 209.70 321.45 12 56.10 85.75 120.25 178.15 205.55 226.15 361.80 (1) In addition to the collection rates stated above for waste wheeler containers, there shall be charged a monthly rental fee of $2.45 for the first container and $1.85 for each additional container. F. Commercial Customers - Dumnster Containers. Monthly rates for the collection and disposal of refuse for commercial and multi -unit residential customers from dumpster containers provided by the franchisee shall be determined from the following schedule: Resolution No. 5938 (1986 Series) SIZE OF COLLECTIONS PER WEEK CONTAINER (CUBIC YDS) 1 2 3 4 b 6 7 1 $ 20.55 $ 30.90 $ 36.90 $ 51.40 $ 64.35 $ 72.05 $ 92.70 1 -1/2 24.15 34.95 44.15 57.85 69.65 76.05 106.90 2 27.70 39.15 51.50 64.20 74.95 80.25 121.55 3 34:05 48.35 66.95 85.65 111.35 120.40 161.60 4 41.30 61.80 87.50 119.05 148.55 .160.60 200.75 6 56.20 85.80 120.40 178.15 205.55 226.50 267.70 8 72.05 106.25 160.60 237.65 296.75 321.25 362.35 (1) The rates stated above for dumpster containers shall include the monthly container rental fee. G. Commercial and Residential Customers - Loose Garbage. Monthly rates for the collection and disposal of loose garbage (as defined in Municipal Code Section 8.04.010) from commercial and.residential customers shall be determined from the following schedule: COLLECTIONS PER WEEK AMOUNT 1 2 3 4 5 6 7 7 cubic ft. or less $ 5.15 $ 10.30 $ 13.05 - -.- - -- $ 18.60 $ 20.55 each 5 cubic feet over 7 $ 1.60 $ 3.15 $ 3.85 - -- - -- 5.15 6.15 H. Commercial Customers - Loose Rubbish. The rate for collection and disposal of loose rubbish (as defined by Municipal Code Section 8.04.010) from commercial customers shall be $2.40 for each 1/2 cubic yard or portion less than 1/2 cubic yard. I. Commercial Customers - Extra Collections. The rate for unscheduled extra collections from commercial customers shall be determined from the following schedule: 1 cubic yard (minimum charge) $ 7.95 2 cubic yards 9.50 3 cubic yards 14.30 4 cubic yards 19.05 . SECTION ::2. Upon passage, this resolution shall supersede Resolution No. 5117 (1983 Series). Resolution No. 5938 (1986 Series) SECTION 1. The city clerk shall furnish copies of this resolution, as executed, to the finance director, the public works director, and San Luis Garbage Company. On motion of Councilman Griffin , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 15th day of April 1986. WYBR-VON DUNIN ATTEST• CITY LERK PAMELA OWES' s s s s s s s s s Resolution No. 5938(1986 Series) APPROVED: Gi u� Q Sf-a: CITY ADMINISTRATIVE OFFICER r CITY ATT RNEY FINANCE DIR TOR PUBLIC WORKS DIRECTOR bu i5 eerlcw,� �Gn1 P.r� 0 RESOLUTION NO. 5937 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF A TWELVE -MONTH TIME EXTENSION FOR TRACT 1150 LOCATED AT 2877 BROAD STREET WHEREAS, the subdivider requests a twelve -month time extension to meet conditions necessary to receive final approval; and WHEREAS, reasonable progress has been made toward completing subdivision improvements and filing of the final map; and WHEREAS, the circumstances and findings of original tract approval are unchanged,- NOW, THEREFORE, the City Council resolves as follows: Section 1. That Tract 1150 is granted a twelve -month time extension to March 6, 1987, subject to original tract map findings and conditions as specified in City Council Resolution No. 5322 (1984 Series) attached hereto. On motion of Councilwoman Rappa ,seconded by Councilwoman_Dovey. and on the following roll call vote: AYES: Councilmembers Rappa, Dovey, Settle and Mayor Dunin NOES: Councilman Griffin ABSENT: None the foregoing resolution was passed and adopted this 15th day of April 1986. Mayor Ron Dunin .. ATTE / V Cit Clerk Pamela V s R 5937 i� Resolution No5937(1986 Series) Tract 1150 Page 2 APPROVED: Q City Administrative Of icer 1� Community Development Director john M RESOLUTION NO. 5322 (1984 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS - OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1150 (STONERIDGE ONE) LOCATED AT 2877 BROAD STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council., after consideration of the tentative map of Tract 1150 and the Planning Commission's recommendations, staff "recommendations and reports thereon, makes the following findings: 1. The tentative map is consistent with the general plan and specific plans. 2. The design and improvements of the proposed subdivision are consistent with the general plan and specific plans. 3. The site is physically suitable for the type of development proposed. 4. The site is physically suitable for the proposed.density of development., 5. The design of the subdivision and, the proposed improvements are not likely to cause substantial environmental damage or substantially avoidably injure fish or wildlike or their habitat. 6. The design of the subdivision or the type of'improvements are not likely to cause public health problems. 7. The design of the subdivision or the type of improvements will not conflict with easements for access through or use of property within the proposed subdivision. 8. The negative declaration filed by the Community Development Director for the project is appropriate with mitigation measures as follows: A. All proposed housing units shall be below the gravity flow water service limit. B. Houses built on lots 2 through 16 shall incorporate special architectural features to minimize potential privacy and aesthetic conflits with adjacent houses to the north on Lawrence Drive. C. Solar access shall be preserved for all lots to the maximum extent possible. D. Drainage easement, detention basin (phase two), and improvements along the Lawrence Drive neighborhood boundary shall be per staff's September 10, 1980 initial study recommendation (page 10, item 5) to the approval of the City Engineer. R 5322 Resolution No. 5322 (1984 Series) Tract 1150 Page 2 9. The optional subdivision design and improvement standards proposed are appropriate for this project in that: A. That the property to be divided is of such size or shape, or is affected by such topographic conditions, that it is impossible, impractical or undesirable, in the particular case, to conform to the strict application of these regulations. B. That cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the modification. C, That the modification will not be detrimental to the public health, safety and welfare, or be injurious to other properties in the vicinity. D. That granting the modifications is in accord with the intent. and purposes of these regulations and is consistent with the general plan and other plans of the city. SECTION 2. Conditions. That the approval of the tentative map for Tract 1122 be subject to the following conditions: 1. Street lighting design should be appropriate to hillside development and shall be approved by the Architectural Review Commission and City Engineer subject to acceptance by PG &E of the fixtures and verification by subdivider that no greater energy costs to the city would result compared with standard street lights. 2.. Subdivider shall. extend sewer and water lines to ends of all dead -end streets to satisfaction of the City Engineer. 3. Subdivider shall install 8" sewer mains in through streets and V sewer mains in cul -de -sac. 4. Subdivider shall provide public utilities easements to the approval of all utility companies and City Engineer -. 5. Subdivider shall install water .lines throughout the tract sized to provide 1000 gallons per minute fire flow at all fire hydrants. 6. Sewer line elevations shall be set to ensure grades to provide sewer capability to the area west of subdivision shown on General Plan as minor annexation area. 7. Stoneridge Drive shall include a minimum 4 foot wide parkway (including any fencing or retaining wall) along the southerly tract boundary between Broad Street and easterly boundary of Lot 40. The parkway shall include concrete sidewalk, turf stone, or landscaping to be installed by the subdivider to the approval of the Community Development Director. Resolution No. 5322 (1984 Series) Tract 1150 Page 3 8. The Stoneridge street section shall be a minimum 36 feet wide. at its easterly portion, (curb -to -curb) with 4 foot sidewalk on the north side. Corner bulb -outs at project entry shall allow a minimum 30 feet curb -to -curb street . width, to the approval of the City Engineer and Community Development Director. 9. Subdivider shall show on the -final map a l foot wide no access strip along the southerly tract boundary from Broad Street to the easterly boundary of Lot 40. 10. Subdivider shall extend Rockview Place from tract boundary to Perkins Lane, Subdivider shall install full street pavement curb, gutter and sidewalk on both sides of Rockview Place extended. 11. Subdivider shall purchase necessary right -of -way from the City of San Luis Obispo to extend Rockview Place prior to recordation of the final map. The remaining portion of city- owned lot shall be landscaped by the subdivider to the approval of the Community Development Director. 12. Subdivider shall extend Bluerock Drive to westerly line of proposed park. A 1 -foot wide no acess strip shall surround the street stub. Subdivider shall provide full street improvements (curb, gutter, sidewalk and street trees) across park frontage of said street extension. Proposed :park shall be contiguous with the westerly boundary of Lot 27 with compensating reduction in area on the northwesterly side of the park. 13. Subdivider shall relocate access road to city water tank and provide surface treatment on said road equal to existing surface, to the satisfaction of the City Engineer. 14. Subdivider shall dedicate a 1 ft. no access strip at the ends of all dead end streets. 15: Subdivider shall construct above - ground drains for lots l through 13 and 27 through 37 to the approval of the City Engineer, consistent with Exhibit B. A 10 -ft. drainage easement shall be granted to the city over said drains. 166 Subdivider shall obtain prior permission from State Department of Transportation to allow drainage to the Broad Street storm drain. If permission is not granted, affected lots shall remain in open space unless an alternate provision to drain the lots is approved by the City Engineer. 17. Subdivider shall grant an irrevocable offer to'd'edicate to the city the proposed park 0.5 acres). Subdivider shall improve park with turf ground cover and automatic sprinkler system to the satisfaction of the Public Works Department. 18. Subdivider shall remove all existing buildings, structures, foundations, and fences within tract boundary and shall dispose of on -site wells to the satisfaction of the Chief Building Inspector and County Health Department. Resolution No. 5322 (.1984 eries) Tract 1150 Page 4 19. Subdivider shall address all lots in the tract as shown on the city- approved addressing plan. 20. Final map shall show street name of Blue Rock Drive for portion of street identified as Stoneridge Drive along southerly boundary of the tract and Blue Rock Court for cul -de -sac off said street. 21. Final map shall delete the remnant lots between the tract boundary and city limits that are not buildable lots and include them in the "not a part" portion. 22. Tentative map hereby approved shall expire 24 months from the date of adoption of this resolution, unless extended by later action of the council. 23. Subdivider shall submit declaration of covenants, conditions and restrictions (CC&R's) prior to final map approval for review and approval by the Community Development Director and City Attorney. The CC&R's shall contain minimum performance standards for maintenance of structures, landscaped areas, solar easements, and provision for access easements for homeowner maintenance of garages at zero setback; and shall be recorded concurrent with final map. 24. Final map shall note lots 1, 22 through 26, 37, 39 and 40 are sensitive sites requiring architectural review and approval by the Community Development Director prior to development. 25. Subdivider shall install mailboxes to the approval of the Postal Service. Design and location shall be approved by the Architectural Review Commission. 26. ,Subdivider shall propose and install street trees that have large canopies to the satisfaction of the Community Development Department staff. On motion of Councilman Settle seconded by Councilman Griffin, and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Dunin and Mayor Billig NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of March , RESOLUTION N0. 5936 (1986 Series) RESOLUTION DESIGNATING RAUSCHER, PIERCE, REFSNES, INC., AS UNDERWRITER FOR FINANCING CERTAIN PROPOSED STREET IMPROVEMENTS: MADONNA ROAD, SOUTH HIGUERA STREET, ETC. WHEREAS, this Council is considering the widening and improvements of certain streets and roads including Madonna Road, South Higuera Street, etc.., (collectively, the "Project "); and WHEREAS: funding the Projects will require the use of one or more specialized financing techniques available to public agencies and the issuance of evidences of indebtedness in connection herewith; and WHEREAS, the City will require underwriting services to market or place such evidences of indebtedness at the best available interest rate and /or with the lowest associated other costs of such financing; and WHEREAS, the firm of Rauscher, Pierce, Refsnes, Inc., of San Francisco, California, has represented that it is qualified and experienced to act as an underwriter knowledgeable in the use of various municipal financing techniques and in marketing or placing municipal evidences of indebtedness issued or entered into in connection therewith; and WHEREAS, this Council desires to designate Rauscher, Pierce, Refsnes, Inc., as underwriter for the financing of the Project: BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the firm of Rauscher, Pierce, Refsnes, Inc.., of San Francisco, California, is hereby designated as underwriter for the sale, placement, or other disposition of such securities, leases, contracts, certificates of participation, or other evidences of indebtedness of whatever nature or form which may be approved, authorized, executed, issued, or otherwise offered for market and /or placement for financing the Projects, or R 5936 Resolution No. 5936 (1986 Series) Page 2 any or all thereof, and, acting as an underwriter, to render advice to the City of San Luis Obispo with respect to the structure, timing, terms, and other similar matters concerning such financing; provided, however, that such compensation, if any, as may be authorized for such services shall be in the form of a discount or otherwise payable from the proceeds of such marketing and /or placement of such evidences of indebtedness and shall be in an amount subject to the approval of this Council. On motion of Councilman Settle ,seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councblmembers Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 15th day of April, 1986. Mayor Ron Dunin ATTEST.: Cit Clerk Pamela V es Resolution No. 5936 (1986 Series) Page 3 APPROVED: Q�p GL _ City Administrative ffic Community Development Director f i jllcie,rwr-ws • RESOLUTION NO. 5935 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING PARTICIPATION IN THE CALIFORNIA "MAIN STREET" PROGRAM WHEREAS, the California Main Street Program has been established in the California Department of Commerce.to assist small cities and towns to develop a public /private effort to revitalize the "Main Street" areas, and whereas, five California cities and /or towns will be selected to . participate in the program for a three - year period; and WHEREAS, the City of San Luis Obispo agrees to participate in the California Main Street Program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City of San Luis Obispo applies for selection to participate in the 1986 California Main Street Program with the specific goal of revitalizing the central.business district within the context of preserving and rehabilitating its historic and culturally significant buildings. SECTION 2. That the City of San Luis Obispo in concert with the Business Improvement Association guarantees that a full -time Main Street Project Manager with a travel and operating budget will be employed for two years. SECTION 3. That the City Administrative Officer be designated to submit the application and serve as program coordinator. On motion of Councilman Settle ; seconded by Councilwoman- Dovev , and on the following roll call vote: AYES: Councilmembers,Settle, Dovey, Rappa and Mayor Dunin NOES: None ASSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 1S1h day of April , 1986. MAYOR RON DUNIN ATT C CLERK PAMEL V ES R 5935 1 Resolution No. 5935 (1986 Series) Page 2 APPROVED: C,p 0- 4.5 City Administrative Off er 9�z - - City Attor 0 y P � 1 -- Community Development Director �nan(O p 4b TCGS V �\ RESOLUTION NO. 5934 (1986 Series,) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT AND TO APPROPRIATE MONEY FOR MISCELLANEOUS DESIGN SERVICES WHEREAS, the City of San Luis Obispo wishes to provide intermodal facilities and area improvements at the San Luis Obispo railroad station for the benefit of community and area residents; and WHEREAS, by Resolution No. 5439 (1984 Series), the City entered into an agreement with the California Department of Transportation to purchase property for the San Luis Obispo Intermodal Facility Project and to complete the project design work. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the amendment to the Consultant Services Agreement between the City of San Luis Obispo and Thompson and Merrill is approved and the Mayor is authorized to execute the same. SECTION 2. To appropriate $11,800 to Fund 998 for the project's additional consultant and miscellaneous design services from the unappropriated capital outlay fund. On motion of CounciLm�Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 15th day of April , 1986. DUNIN ATTEST: % - 2 �, l/ CITY CLERK PAMELA 0 S R 5934 Resolution No. 5934 (1986 Series) Page 2 APPROVED: 0,,�a Zp,� City Administrative 0 fic y c[� City Atto ey Finance Dire V or AMENDMENT TO CONSULTANT SERVICES AGREEMENT THIS AMENDMENT, made and entered into this 15th day of Agri 1986, by and between the City of San Luis Obispo (hereinafter referred to as "City ") and THOMPSON AND MERRILL (formerly Thompson Associates) of San Francisco, California (hereinafter referred to as "Consultant "). WITNESSETH: WHEREAS, on January 15, 1986, the City and Consultant entered into a consultant services agreement, a copy of which is attached and incorporated by this reference, and; WHEREAS, the City now wishes to expand the work scope of the agreement, and; WHEREAS,'the Consultant h_as offered to provide these additional services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration_ of their mutual covenants, the parties hereto agree as follows: 1. Duties of Consultant and City_ Consultant shall provide the following additional services: A. Final bid documents -- plans, specifications, and estimates- - as needed to describe the work and to request formal construction bids- -for improvements to AMTRAK ticketing facilities.including the necessary documents to relocate AMTRAK's electrical, computer and telephone capabilities. Exhibit "A" attached hereto and incorporated herein by this reference is the Consultant's preliminary sketch of said work. City shall pay Consultant $2,500 upon completion of said work as determined by the City's Project Manager. B. Structural investigation of the roof trusses above the lobby as determined necessary due to the anticipated increase in dead load to the structural members generated by the - anticipated new ceiling. City shall pay Consultant $150 upon completion of said work as determined by the City's Project Manager. C. Reimbursable expenses necessary to complete said work as described in Subparagraph A and B, such as travel, printing, postage, telephone calls, shall be allowed up to a maximum of $90.00. Consultant shall submit itemized invoices for reimbursement purposes. 2. Production Time Schedule. All consultant services described in Paragraph 1 shall be completed by Consultant within a time,schedule established by the City's Project Manager. City agrees to act reasonably in establishing said schedule. 3. Agreement. All other terms and provisions of original agreement not affected by this amendment remain in full force and effect... -1- IN WITNESSETH WHEREOF, City and Consultant have executed this agreement the day and year first above written. THOMPSON AND MERRILL CITY.OF SAN LUIS OBISPO B Richard Thompson B Ma or Ron Dunin Dated.: ATTEST: V S City Clerk Pamela V es Dated:.- 4 -2- 1 ill I`I , f;�3t -•, tip{ II �,I. 1. I • EXHIBIT "A" O O O C i.�� z� �, .,.tin Y '4•.• et jr �� ,- .� O ��✓ �� ((( and RESOLUTION NO. 5933 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBSIPO, AUTHORIZING THE MAYOR TO SIGN AN AGREEMENT WITH THE CITY OF KING FOR ASSIGNMENT OF FEDERAL AID URBAN FUNDS WHEREAS, the City of San Luis Obispo receives Federal Aid Urban funds, WHEREAS, these funds may only be used to construct and maintain streets on the Federal Aid Urban system, and and WHEREAS, the City has approximately $175,000 in unallocated FAU funds, WHEREAS, the experience of the City is that FAU projects may cost in excess of 30% more than similar non -FAU projects, and WHEREAS, the City of King has requested an-assignment of $15,000 of funds for dollars, and WHEREAS, the City of San Luis Obispo, being a good neighbor, would like to help other municipal corporations, NOW, THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Mayor is hereby authorized to sign an agreement assigning Federal Aid Urban (FAU) funds to the City of King. R 5933 ® i J Resolution No. 5933,_(1986 Series) Page Two. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 15th day of April 1986. M YOR RON DUNIN ATTEST: CITY CLERK PANE GES APPROVED: City Administrative bfficir City Atto y Finance - Dira',I,tor Director of Public Works City gineer tpg /fau -res by AGREEMENT FOR ASSIGNMENT OF FEDERAL AID URBAN (FAU) FUNDS THIS AGREEMENT is made and entered into this 25th day of March, 1986, by and between the CITY OF SAN LUIS OBISPO, ,a municipal corporation of the State of- California, and the CITY OF KING, a municipal corporation of the State of California. WITNESSETH A. WHEREAS, the CITY OF SAN LUIS OBISPO desires to assign $15,000 of FAU funds to the CITY OF KING, in return for which the CITY OF KING shall reimburse the CITY OF SAN LUIS OBISPO as hereinafter set forth; and B. WHEREAS, the CITY OF KING desires to accept said assignment, and to use said funds for CITY OF KING road projects which qualify .for FAU funding; NOW, THEREFORE, in consideration of the mutual promises hereinafter set forth, the parties agree as follows: 1. Fund Assignment. The CITY OF SAN LUIS OBISPO assigns $15,000 of its designated FACT funds to the CITY OF KING. These funds are those designated for the CITY OF SAN LUIS OBISPO in the 1978, 1981 and 1.982 Federal =Aid Highway Act. 2. CALTRANS approval. Upon receiving notice of the determined final figure from CALTRANS, the CITY OF KING will apply for the funds assigned hereunder for projects in the CITY OF KING which are eligible for FAU funding. Upon receiving notice of receipt of FAU funds for said projects, the CITY OF KING shall make reimbursement to the CITY OF SAN LUIS OBISPO as provided in 3 below. 3. Reimbursement. The CITY OF KING agrees to reimburse the CITY OF SAN LUIS OBISPO for the assigned FAU funds within 30 days of the receipt of such funds by the CITY OF KING. Such reimbursement shall be an amount equal to 70% of the assigned funds. The CITY OF SAN LUIS OBISPO will use the reimbursed funds for road projects within the CITY OF SAN LUIS OBISPO. 4. Termination. This agreement will terminate on December 31, 1.986, unless sooner terminated by agreement of both parties. 5. Entire Agreement. This agreement constitutes the entire agreement between the CITY OF KING and the CITY OF SAN LUIS OBISPO concerning the subject matter hereof. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be duly executed as of the day and.year first written above. CITY OF SAN LUIS OBISPO, a municipal corporation of the State of California,,. B May r Ron unin ATTE T: City Clerk Pamela V es 2 DAT April. 15, 1 6 CITY OF KING, a municipal. corporation of the State of Cal-i,ferpia, yor � J ATTEST: City C erk RESOLUTION NO. 5932 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ATTACHED TRAFFIC ORDERS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The attached Traffic Work Orders for the period of January 1, 1986 through March 31, 1986 are hereby approved. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey and Rappa NOES: Mayor Dunin ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 15th day of April 1986. ATTEST:- 12� V CITY CLERK PAMELA V0 6S APPR Q City Administrative Offfic Lynch /workordrs by R 5932 IN R 5932 �e+���� �� �� '� �� Q}III�IN`�II�IIIIIIIII VIII MEETING DATE: III f � ��U� 6�city o SaliL_ .�OBISPO A � April 15 OUNC'L AQE ® 0A REPORT I UM i FROM: David F. Romero Wayne A. Peterso Prepared by: Barbara Lynch Public Works Dirt' or C' Engineer--W Engineering Assistant Traffic SUBJECT: Traffic Work.Orders for the Period of January 1, 1986 through March 31, 1986 CAO RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of January 1, 1986 through March 31, 1986. BACKGROUND: The City Engineer has, over the past three months, issued work orders making changes to improve safety and operation of the street system. Over one - quarter were requests for signing, including signs for new tracts, from both staff and the public. Another one - quarter were red curbing requests mostly from the public. The remainder were parking and striping charges from the public and staff. It has been Council's policy in the past to accept this report on a quarterly basis. This report satisfies this past policy. FISCAL_ IMPACT.: Minor implementation costs associated with street maintenance. RECOMMENDATION: Pass resolution approving Traffic Work Orders for the period of January 1, 1986 through March 31, 1986. Available in Council office for review: Completed Traffic Work Orders (January 1, 1986 through March 31, 1986) Lynch /wrkordrs by I C� RESOLUTION NO. 5931 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT WHEREAS, the Council hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: PROJECT: Foothill Sewer Lift Station CITY PLAN NO. K -09R Replacement ESTIMATE: $21,000.00 BUDGET ACCOUNT: 897 BIDDER: Elston Construction BID AMOUNT: $27,850.00 San Miguel, CA WHEREAS, the award of contract.is in the amount of $27,850.00, and WHEREAS, it is necessary for additional funds to be allocated for this project, NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor, and the amount of $6,000.00 is hereby transferred from Fund No. 948 to Fund No. 897. On motion of Councilman Settle seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 15th day of ril , 1986. RON DUNIN ATTEST: P""'& L), I - CITY CLERK PAMEL VOGES R 5931 1F 1F M if M M iF, M APPROVED: City Administrative Officer City At rney Finance City Engineer wap /e- foothilllift F,i ®. �a I� Ge RESOLUTION NO. 5930(1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING BID AND AWARDING A CONTRACT FOR THE CONSTRUCTION OF THE MAIN PARKING LOT AT SINSHEIMER PARK IN THE CITY OF SAN LUIS OBISPO. WHEREAS, the Council of the City of San Luis Obispo hereby accepts the bid and authorizes the Mayor to sign a contract on behalf of the City for the following: PROJECT: Sinsheimer Park Parking Lot CITY PLAN NO: J 27 Y ESTIMATE: $106,000.00 BUDGET ACCOUNT: 921 - 9090 - 080 -850 BIDDER: Madonna Construction Co. BID AMOUNT: $103,775.00 NOW THEREFORE BE IT RESOLVED, that the City Clerk is directed to prepare the appropriate documents for signature by the successful bidder and the Mayor. On motion of Councilman Settle and on the following roll call vote: seconded by Councilwoman Dovey , AYES: Councilmembers Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 15th day of April, 1986. APPROVED: City Administrative Offijer City Att ey s e Mayor Ron Dunin R 5930 I `na��� �I i�� Yl RESOLUTION NO. 5929(1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A JOINT POWERS AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTY OF SAN LUIS OBISPO TO OWN, BUILD AND OPERATE ANEW CITY- COUNTY LIBRARY AND COMMUNITY ROOMS A_ T 955 PALM STREET AND AUTHORIZE THE FINANCE DIRECTOR TO TRANSFER FUNDS WHEREAS, on June 20, 1972, the residents of the City of San Luis Obispo and the County of San Luis Obispo agreed to consolidate their operations and financing to provide library service to an area in which the city is a part; and WHEREAS, since 1972 the City and County of San Luis Obispo have jointly operated a library on city -owned land at 888 Morro Street; and WHEREAS, the city and county agree to construct a new library, library administrative offices, and community rooms; WHEREAS, the County Board of Supervisors and City Council agree to fund, own, build, and maintain this new facility according to the provisions set forth herein; and WHEREAS, upon recommendations of city and county staffs and City - County Library Building Committee, the City Council and County Board of Supervisors approved of the agreement in principal on November 25, 1985; and WHEREAS, this council finds and determines that it is in the best interests of the city and its residents to fund, build, and maintain a. City- County Library and community rooms in cooperation with the county, subject to this agreement; and WHEREAS, on November 25, 1985, the City Council authorized the City Finance Director to transfer one million dollars ($1,000,000) from the City Library Fund and three hundred. eighty -five thousand dollars ($385,000) from the Community Facilities. Reserve into the City- County Aibrary..,Fund; rand;. WHEREAS, the City and County Finance Directors, have agreed that this money shall be deposited in a joint trust fund; R 5929 Resolution No. 5929 (1986 Series) Page 2 NOW, THEREFORE, BE IT RESOLVED'by the Council of the City of San Luis Obispo as follows: SECTION 1. The Joint powers agreement dated April 1 , 1986, shall govern funding; construction, operation, maintenance, of a new City- County Library and Community Rooms at 955 Palm Street., and said JPA is hereby approved and the Mayor is authorized to sign on behalf of the City of San Luis Obispo. SECTION 2. This resolution supercedes Resolution No. 2364 (1982 Series)as of the date that the new library at 955 Palm Street is open to the public. SECTION 3. The City Finance Director shall transfer $1,385,000 allocated for this project into the City - County Library fund by May 1, 1986. On motion of Councilman Griffiraeconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Griffin, Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this .lst day of April 1986. A Clerk Pamela `hges Mayor Ron Dunin Resolution No. 5929 (1986 Series) Page 3 APP VED: City Administrative O fice Co munity Development Director Fd16 Fihe-lp U J JOINT POWERS AGREEMENT THIS JOINT POWERS AGREEMENT entered into this 1st. day of April 1986 by and between the City of San Luis Obispo, hereinafter referred to as "City" and County of San Luis Obispo, hereinafter referred to as "County." Both City and County are political subdivisions of the State of California, legally authorized to enter into this agreement WITNESSETH WHEREAS, the City has acquired certain real property within the corporate limits of the City of San Luis Obispo and wishes to jointly construct with the County a project known as the San Luis Obispo City /County Library, hereinafter referred to as the "Project," and WHEREAS, since 1972, the City and County of San Luis Obispo have jointly operated a library on city -owned land at 888 Morro Street, and WHEREAS, a portion of this Project is to be operated as Community Rooms and WHEREAS, both parties desire that the County operate the Library portion of the Project and the City operate the Community Room portion of the Project, and WHEREAS, the most feasible method of providing for such construction and operation by County and the City is by means of a Joint Powers Agreement entered into pursuant to Government Code Sections 6500, et seq., other provisions of state law .and the Charter of the City of San Luis Obispo. NOW THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements herein set forth, City and County, the parties hereto, hereby mutually covenant and agree, as follows: n Joint Powers Agreement Page 2 1. Parties agree the cost of construction a new building for the San Luis Obispo City /County Library is estimated at $3.9 million including the value of the land. Contributions by the City and County are as follows: City Contribution 1,385,000 Cash Contribution 680,000 Land Donation 21065,000 TOTAL TOTAL CONTRIBUTIONS ARE $3,888,852 53% Equity Share County Contribution 1,623,852 Cash Contribution 200,000 Library Grant 1,823,852 TOTAL 47% Equity Share The City's and County's cash contributions shall be placed in a joint trust fund account, and invested in the State Treasurer's Local Agency Investment Fund (LAIF) by the County Treasurer. The trust fund account shall be used to make progress payments during the Project's construction. Investment of the trust fund's idle cash in LAIF is expected to earn $200,000 in interest, which will comprise the balance of the Project financing over and above the parties contributions: Any excess interest earnings, or unused trust account funds shall be split, proportional to initial cash contributions (43% to City and 57% to County), between the parties upon completion of the Project and payment of all construction costs. r Joint Powers Agreement Page 3 2. All contracts associated with the construction of the Project shall be approved by both the County Board of Supervisors and the City Council, and administered by the County Department of General Services. Any change orders generated during construction shall be authorized by the assigned project managers of both parties. Any change orders causing the aggregate cost changes to exceed 10% of Project construction costs, shall be approved by the County Board of Supervisors and City Council. Progress payments to contractors shall be made from the trust fund account pursuant to contract terms, coordinated by the County Department of General Services and the County Auditor - Controller. The City's Project Manager shall receive regular monthly reporting of all trust fund transactions. 3. Parties recognize the fee title to all real property upon completion of construction of said Project shall be held as tenants in common, with the City owning 53% and the County owning 47%, given the current ratio of contributions (as shown in #1 above). Should the total cost of the project change, upon completion it may be necessary to alter the ratio of ownership through an amendment to this agreement. 4. The parties agree that the Project will be used as a Community Room, Library and Library Administration, no other use shall be allowed without the prior approval of the County Board of Supervisors and City Council. 5. The County shall operate and administer the Library portion of the Project, including Library Administration, and in conjunction with such operation and administration shall furnish all personnel necessary therefore. The library will be open to the public at least six days a week and 54 hours a week. Joint Powers Agreement Page 4 6. The City shall operate and administer the Community Room (3) Conference Room (10) portion of the project and in connection with such operation and administration shall furnish all personnel necessary therefore. The library shall be entitled to 25% of the use of the Community Room free of charge and shall compete with other potential users for any use in excess of 25%. The Library shall comply with tenant regulations established by the city. 7. Parties agree that responsibility for the interior custodial duties shall be as follows: A. The City shall be responsible for cleaning the Community Room. B. The County shall be responsible for cleaning the Library and Library Administration area. C. The City and County will share responsibility for cleaning the shared common areas and restrooms adjacent to the Community Rooms (rooms numbered 1, 2, and 11 on Exhibit A) according to a schedule agreed upon by City and County staff. 8. Parties agree that responsibility for the routine maintenance shall be as follows: A. The City shall be responsible for all exterior routine maintenance. Such maintenance shall include but not be limited to upkeep of landscaping, automatic sprinkler systems, parking lot, flatwork, water and sewer lines, exterior lights and all other items outside the building line. B. The County shall be responsible for the routine maintenance for all items inside the building line, including but not be limited to the exterior surface of the building. Such maintenance shall include painting, carpet repair, building systems such as power, window cleaning, elevator maintenance and all other items associated with the structure itself. Joint Powers Agreement Page 5 C. Each party shall be responsible for maintaining its heating, ventilation and air conditioning systems. The County will be responsible for maintenance of underground connections to the Central Plant. The city will maintain the kitchen and kitchen equipment. 9. Parties agree that "routine maintenance" is defined as any one time repair which is less than or equal to the following dollar amount: $1500 with an annual increase of $100 a year commencing January 1, 1989. . Any one time repair which exceeds the aforesaid calculated amount shall be deemed major maintenance and shall require joint authorization before proceeding. Costs for major maintenance shall be shared equally between the parties. 10. Parties agree that all telephone and telephone cabling, computers and computer cabling, all furniture and other personal property shall be the responsibility of the respective owners to maintain, remodel or repair. Such maintenance, remodeling or repair shall be outside the maintenance definition as described in 9 above and shall not have a dollar limit associated with it. For the purposes of this agreement, personal property shall include but shall not be limited to such things as books, folding chairs, tables, appliances, projectors or other machinery which is purchased by the respective parties. All personal property shall revert to the respective owners upon termination of this agreement. Joint Powers Agreement Page 6 11. Equipment and supplies owned by the city at the effective date of this agreement shall remain the property of the city. The City's shelf list and, inventory created at the time of consolidation in 1972 shall determine items owned by the city. This equipment shall be donated to the new library, revised or disposed of as deemed appropriate at the time the time the existing building at 888 Morro Street is vacated. 56,000 books, owned by the city at the time of consolidation of functions in 1972 constitute about 22% of the current book supply and shall be donated to the new library at 955 Palm Street. If the City and County decide to reopen separate libraries in the future, the city will own a percentage of the book supply at the time of separation, proportionate to it's population in the county, for example if the city population is 20% of the county population, the city will receive 20% of the books and the county will own the rest. 12. The parties agree that electrical, water, sewer and gas service shall be paid for as follows: A. The City shall be responsible for all utilities used in the Community Room and the exterior areas outside the building line and Conference Room (rooms numbered 10 on Exhibit A). B. The County shall be responsible for all utilities used in the Library, Library Administration and shared common areas (Rooms numbered 1 and 2 on Exhibit A) and for trash pick ups, dumpsters and associated costs. Joint Powers Agreement Page 7 13. A: City shall defend, indemnify and hold.harmless the County, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses or liability arising out of the duties, responsibilities or obligations assigned to City under this Agreement or occasioned by the performance or attempted performance of the provisions hereof except those arising from the sole negligence.or willful misconduct of the County, including, but not limited to, any act or omission to act on the part of the City or its agents or employees or other independent contractors directly responsible to it. B. County shall defend, indemnify and hold harmless the City, its officers, agents, and employees, from any and all claims, demands, damages, costs, expenses or liability arising out of the duties, responsibilities or obligations assigned to County under this Agreement or occasioned by the performance or attempted performance of the provisions hereof except those arising from the sole negligence or willful misconduct of the City, including, but not limited to, any act or omission to act on the part of the County or its agents or employees or other independent contractors directly responsible to it. C. Both parties acknowledge that the City and the County are legally authorized self- insured public entities. Both the City and the County shall make every effort to include within its respective self- insurance program adequate practices, procedures, and policies to safeguard and provide for any liabilities which may come from the operation and ownership of the library. Joint Powers Agreement Page 8 14. If either party wishes to make a change in ownership or use the building for purpose other than library, library administration, or community room uses, both must agree to such sale or change. 15. Should the county interest in the building be sold to the city, the County agrees to continue to provide heating and cooling to the library structure from its central plant. The City agrees to pay the County for such services on a pro rata basis agreed upon by both parties, unless some other arrangement for providing utilities is agreed upon at the time of sale. If the city and county are unable to agree on reasonable charges for utilities or the delivering of the utility services, both parties agree to establish an arbitration panel. An arbitration panel shall be formed which consists of three members: one appointed by the County, one appointed by the City, and the third appointed by both parties. Its decisions shall not be binding to the parties. 16. Both parties recognize that some issues, which have not been anticipated or specified herein, may require resolution during construction or operation of the project. Both parties pledge cooperation to ensure that the project is properly constructed and operated efficiently to provide the public benefits for which it is being constructed. 17. This agreement may be amended from time to time as provided by law. 0 0 Joint Powers_ Agreement Page 9 IN WITNESS WHEREOF, the parties hereto have executed this Joint Powers Agreement on the day and year first hereinabove setforth COUNTY OF SAN LUIS OBISPO Chairperson of the Board of Supervisors CITY OF SAN LUIS OBISPO yor Ron Dunin Approved by the Board of Supervisors this .e5$�7 day of.4W.p%4 1986.. ATTEST: ..... ........ . .... - _ Cler of the Board of Superv' rs Approved as to Legal Form and Effect: James E, Lindholm, Jr.. County Counsel Deputy County o sel Date: City torney City Fi ace Director ��..�.�.- o � ,��� ,�..���v �f �, r- , �� . RESOLUTION NO. 5928 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT N0. 1383 LOCATED AT 3523 SOUTH HIGUERA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1383 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings. 1. The design of the tentative map and proposed improvements are consistent with the general plan and specific plan for Higuera Commerce Park. 2. The site is physically suited for the type and density of development allowed in a C -S -SP zone. 3. The design of the tentative map and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easement for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. 6. The Architectural Review Commission has reviewed the project and approves of the site layout. Section 2. Conditions. That the approval of the tentative map for Tract 1383 be subject to the following conditions: 1. The subdivider shall submit a final map for approval and recordation. 2. Subdivider shall provide individual water services for each unit. Meters shall be clustered at property frontage, to the approval of the City Engineer. 3. Subdivider shall extend individual ,gas and electrical services and metering for each unit, to the approval of affected utilities and the City Engineer. 4. Final map shall note a blanket easement over the common lot area, except under the structures, for underground public utilities serving the site, to the approval of the City Engineer and affected utility agencies. R 5928 Resolution No. 5928 (1986 Series) Tract 1383 Page 2 5. The subdivider shall establish covenants, conditions, and restrictions for the regulation of land use control of nuisances and architectural control of all buildings and facilities. These CC &R's shall be approved by the Community Development Department and administered by a property owner's association. 6. There shall be no change in city - regulated provisions of the CC &R's without prior approval of the Community Development Department. 7. The subdivider shall include the following provisions in the CC &R's for the Tract: A. Property owner's association shall be created to enforce the CC &R's and provide for professional, perpetual maintenance of common areas including, but not limited to, the driveway, parking lot, landscaping, sewer, utilities and building exteriors. B. The right shall be granted to the City to maintain common areas if the property owner's association fails to do so and to assess said association for expenses incurred. C. All parking spaces provided in the project shall be available for use by all of the individual owners. On motion of Councilman Settle, seconded by Councilman Griffin and on the following roll call vote: AYES: Councilmembers Settle, Griffin, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1st day of April 1986. I_1 Clerk PamelaxVoges Mayor Ron Dunin Resolution No. 5928 (1986 Series) Tract 1383 Page 3 APPROVED: a dti!►15 City A Officer Community Development Director 'J sv6j,, V161!5�r /-j055 N RESOLUTION NO. 5927 (1986 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING ENGINEERING STANDARDS FOR CONSTRUCTION OF PUBLIC WORKS PROJECTS AS PREPARED BY THE ENGINEERING DIVISION OF THE PUBLIC WORKS DEPARTMENT WHEREAS, the Engineering Division of the Public Works Department is responsible for periodically updating the Engineering Standards, and WHEREAS, the Engineering Standards are necessary to ensure that public works facilities are designed and constructed to minimum acceptable standards to protect the health, safety and welfare of the public, and WHEREAS, legally adopted Engineering Standards are necessary to provide "design and plan immunity" thereby protecting the City from possible liability, and WHEREAS, the Engineering Division has completed an extensive revision and expansion of the current Engineering Standards, NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo, California hereby: 1. Approves a booklet prepared by the Engineering Division of the Public Works Department setting forth City Engineering Standards for construction of public works projects, entitled "Engineering Standards," attached hereto marked Exhibit "A" and incorporated herein by reference. 2. Authorizes the Public Works Department to prepare and maintain a supply of said booklet for distribution. 3. Resolution No. 5626 (1985 Series) is rescinded. R 5927 G O Resolution No. 5927 (1986 Series) Page Two. On motion of Councilwoman Rappa seconded by Councilman Settle . and on the following roll call vote: AYES: Councilmembers Rappa, Settle, Dovey, Griffin and Mayor Dunin NOES None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of April 1986. MA DUNIN ATTEST: CIT1 CLERK PAMELA APPROVED: Q J92o�,� Ci y Administrative Of ice City Atto ney Director of Public Works City gineer �� /SIP. eri� 0 rris 1 �/�if�< �� L� �� /� 9- 4 7- a l AS arty of emazis san Luis OBI spo PUBLIC WORKS DEPARTMENT ENGINEERING DIVISION ENGINEERING STANDARDS APRIL 1986 EDITION ADOPTED BY CITY COUNCIL - RESOLUTION Na 92 7 APRIL I, 1986 RESOLUTION N0,5926(1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT 1362 (Melken Corp..& S.C.P. Associates, Subdivider) WHEREAS, the City Council made certain findings concerning Tract 1362 as contained in Resolution No. 5914 (1986 Series), and WHEREAS, all conditions required per Resolution No. 5914 (1986 Series) have been met, NOW THEREFORE BE IT RESOLVED that final approval is hereby granted for Tract 1362. On motion of Councilwoman Rappa and on the following roll call vote: , seconded by Councilman Settle AYES: Councilmembers Rappa, Settle, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of April 1986. n MX=RON DUNIN ATTEST: CI CLERK PAMff4 VOGES R 5926 Resolution No. 5926 (1986 Series) Page Two: APPROVED: City Administrative Of icer City At' rney Community Development Director ity qgineer JK2 /t1362 -sr yh �v ' -i rri��er ���� � ���y �i /ems RESOLUTION NO. 5925 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO'GRANTING APPROVAL OF AN EXCEPTION TO SECTION 17.78.210 OF THE GRADING ORDINANCE FOR TENTATIVE TRACT NO. 1379 (LAGUNA GREEN HOMES - PHASE II) LOCATED AT 1451 DIABLO DRIVE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the grading plan for Tentative Tract 1379 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The conditions of approval of Tentative Tract No. 1379 will assure that approval of the grading plan does not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. 2. The strict literal application of the grading design standards deprives the subject property of privileges enjoyed by other properties in the vicinity because of the following special circumstances which apply to the subject property: A. The narrow shape of the site. B. The excessive street setback area required by Zoning Regulations. C. The site has previously been graded and is no longer in a natural condition. 3. Under the circumstances of this particular case, the exception is in conformity with the purposes of this chapter as set out in Section 17.18.020. SECTION 2. Action. An exception to the design standards of the Grading Ordinance is approved, allowing less than 40 percent of the site, exclusive of building area, to remain in its natural state, as shown on the approved grading plan for Tentative Tract No. 1379. On motion of Councilman Settle . seconded by Mayor Dunin and on the following roll call vote: AYES: Councilman Settle, Mayor Dunin, Councilwoman Rappa NOES: Councilmembers Dovey and Griffin ABSENT: None R 5925 r r i Resolution No. 5925 (1986 Series) Tract 1379 Page 3 the foregoing resolution was passed and adopted this 18th day of March 1986. � s � yor Ron Dunin AT ST: ity Clerk Pa la Voges APPROVED: eau�CL g . City Administrative Of cer City At orney Community Development Director s��t � �c��� � ��� 2o�s '✓ ��� � ���� .., _.. _.� RESOLUTION NO. 5924 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1379 (LAGUNA GREEN HOMES - PHASE II) LOCATED AT 1451 DIABLO DRIVE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of the tentative map of Tract 1379 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1. The design of the subdivision and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of d_ evelopment allowed in an R -1 zone. 3. The design of the subdivision. and the proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easement for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. SECTION 2. Conditions. That the approval of the tentative map for Tract 1379 be subject to the following conditions: 1. Lots 6, 8 and 9 shall be revised to eliminate individual driveways between 6' and 16' in length. 2. All drainage systems on -site shall be private and shall be maintained by the homeowner's association. 3. Sewer and water main systems shall be public and constructed to city standards, to the approval of the City Engineer. 4. Subdivider shall relocate sewer main and easement at southerly property line, to the approval of the City Engineer. 5. All units shall have automatic ,garage door openers to the approval of the Community Development Director. 6. Tree removals shall be approved by the Public Works Director and City Tree Committee, and compensating planting provided. R 5924 ��l I Resolution No. 5924 (1986 Series) Tract 1379 Page 2 7. Covenants, conditions and restrictions shall be approved by the City Attorney and the Community Development Director prior to final map approval and shall include the following provisions: A. Creation of a homeowner's association to enforce the CC &R's and to provide for perpetual, professional management and maintenance of all common areas including utilities, landscaping, driveways, lighting, walls, fences, and building exteriors in good condition. B. Grant to the city the right to maintain common area and building exteriors if the homeowner's association fails to perform, and to assess the homeowner's association for expenses incurred. C. No parking except in approved, designated spaces. D. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. E. Prohibition of storage or other uses which would conflict with the use of garages for parking purposes. F. No outdoor storage of boats, campers, motorhomes,or trailers nor long -term storage of inoperable vehicles. G. No outdoor storage by individual units except in designated storage areas. H. No change in city- required provisions of the CC &R's without prior City Council approval. I. Homeowner's association shall file with the City Clerk the names and addresses of all officers of the homeowner's association within 15 days of any change in officers of the association. 8. Final map shall note that all on -site and off -site improvements are subdivision improvements. 9. Subdivider shall install chip seal paving along Diablo Drive between Los Osos Valley Road and Mirada Drive to the approval of the Public Works Department staff. On motion of Councilman Settle ,seconded by Mayor Dunin and on the following roll call vote: AYES: Councilman Settle, Mayor Dunin and Councilwoman Rappa NOES: Councilmembers Dovey and Griffin ABSENT: None i U Resolution No. 5924 (1986 Series) Tract 1379 Page 3 the foregoing resolution was passed and adopted this 18th day of _ March 1986.. M yor Ron Dunin A Clerk Pamela ED: City Administrative Officer x14- City Att ney Community Development Director � ��' �� ass �� /� �� ,n���� ��n �,�� � � y �ir�a�ce� ( i RESOLUTION 5923 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A BUS OPERATIONS /MAINTENANCE FACILITY LEASE AGREEMENT BETWEEN NORTH COASTAL TRANSIT AND THE CITY OF SAN LUIS OBISPO WHEREAS, the Council of the City of San Luis Obispo recognizes the mutual benefit derived from the joint use of a bus operations /maintenance facility, and WHEREAS, the City of San Luis Obispo, in cooperation with the Urban Mass Transportation Administration, intends to design and construct said facility, and WHEREAS, the facility is proposed to house the City's and North Coastal Transit's bus operations; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the Bus Operations /Maintenance Facility Lease Agreement between North Coastal Transit and the City of San Luis Obispo is approved and the Mayor is authorized to execute the same. On motion of Councilman Settle , seconded by Councilwoman Rappa , and on the following roll call voter AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor bunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of March 1986. MAYOR ON DUNIN CI CLERK PAMELA V.AGEV v ssessssssss AP _ nD: /'1 Q Ci6v Administrative Of ' er City A R 5923 If .,-A% A9. A; El IY 7V 11 fl')Yj Off" Jr. LIj 4j t t w(I TI i LEASE AGREEMENT This Lease Agreement ( "Lease ") is made and entered into on this 18th day of March 1986, by and between the CITY OF SAN LUIS OBISPO, a chartered municipal corporation of the State of California, hereinafter referred to "Lessor ", and NORTH COASTAL TRANSIT, a joint powers agency, hereinafter referred to "Lessee "; jointly referred to hereinafter as the "parties ". RECITALS The parties enter into and execute this Lease with knowledge.of and reliance upon the following facts: 1. Lessor is the owner of the real property commonly described as south of the City of San Luis Obispo Corporation Yard, located off of Prado Road in the City of San Luis Obispo, California (the "Property "). 2. Lessor applied for federal financial assistance in the form of a grant under Section 3 of the Urban Mass Transportation Act of 1964, as amended, to design and construct a bus operations /maintenance facility on the Property (the "Facility "). 3. The Urban Mass Transportation Administration of the federal Department of Transportation ( "UMTA ") approved the requested grant by i. sending to Lessor a Notice of Grant Approval dated September 13, 1984. The approval is subject to UMTA grant requirements and enumerated Special Conditions. UMTA requested that Lessor and Lessee enter into a lease of the Facility. 1 TERMS AND CONDITIONS OF AGREEMENT In consideration of the mutual and respective covenants set forth herein, and subject to all the terms and conditions hereof, the parties agree as follows: A. Premises. Lessor hereby leases to Lessee and Lessee hereby demises and leases from Lessor for the term, at the rental, and upon the conditions hereinafter set forth, sufficient space in, and use of, the Facility to accommodate up to and including, eight (8) mass transit vehicles and related maintenance and operations (the "premises "). Lessor reserves the right to designate the exact areas to be used by Lessee. Lessee shall be responsible for maintenance and operations of its mass transit vehicles at its own expense. B. Term. This Lease shall commence on the date Lessee first occupies C the premises or sixty (60) days after Lessor gives Lessee written notice that the premises are ready for occupancy, whichever first occurs. This Lease shall expire on November 15, 1992, or the date Lessor and Lessee fail to have the same contractor for their respective mass transit operations, whichever first occurs. C. Termination. Either party may terminate this Lease at any time, without cause, by giving one year's written notice to the other party; provided, termination shall not be effective until the last day of the twelfth (12th) calendar month following such written notice. Either party may terminate this Lease immediately for cause at any time by giving written notice to the other party. A material default and breach of lease by Lessee shall include, but not be limited to: 2 (1) Failure to pay rent or other payment required hereunder; (2) Abandonment of premises; (3) Failure to maintain required insurance; (4) Failure by Lessee to observe and perform any other promises of this Lease to be observed or performed by Lessee where such failure continues for thirty (30) days after a written notice thereof by Lessor to Lessee, provided, however, that if the nature of such default is such that the same cannot reasonably be cured within such thirty (30) day period, Lessee shall not be deemed to be in default if Lessee shall within such period commence such cure and thereafter prosecute diligently the same to completion. D. Rent. Lessee agrees to pay Lessor as monthly rent for the demised premises, a sum calculated to amortize a portion of Lessor's local . match to the Facility's federal grant and to pay the costs of applicable building and grounds maintenance, in the same proportion as the ratio of North Coastal Transit coaches bears to the total coaches occupying the premises. The parties agree that the annual amortization of the local match is $22,412 ($238,225 principal at 9% interest compounded monthly with monthly installments over 35 years). The parties agree that the applicable building and grounds maintenance is limited to water, sewer, regular refuse collection and disposal, and landscape maintenance. 3 (1) Should Lessee occupy the premises prior to June 30, 1987, the monthly rate for each month prior to said date shall be calculated according to the following formula: A(1,868 + B) where A is the current ratio of North Coastal Transit coaches to the total coaches occupying the premises, and B is the total applicable monthly building and grounds maintenance cost. (2) Beginning July 1, 1987, and for each successive year beginning on the 1st of July while this Lease is in effect, the monthly rental rate shall be calculated according to the following formula: Ai22,412 + B) 12 where A is the ratio of North Coastal Transit coaches to the total coaches occupying the premises on the last day of the calendar year, and B is the total applicable buildings and grounds maintenance cost incurred during the previous calendar year and prorated to 12 months if the premises were occupied for less that 12 months during the previous calendar year. E. Installation of Improvements. Lessor agrees to design and construct the Facility; provided, should the UMTA grant be withdrawn, or reduced in amount, or should events occur which render construction of the Facility impracticable in Lessor's opinion, Lessor reserves 4 the right to either not construct the Facility and /or terminate this Lease, at Lessor's option. In the event of termination of this Lease pursuant to this paragraph, termination shall occur upon Lessor giving written notice to Lessee, notwithstanding the provisions of Paragraph C, above. If Lessor decides not to build the Facility then the Lessee may, at its option, terminate the Lease. F.. Use of Premises. Lessee agrees and covenants to use and maintain the premises and to devote the same only for mass transit vehicle storage and related maintenance and operations and for uses normally incident thereto. The premises shall not be used for any other purpose. If, at any time during the term or any renewals hereof, said premises are used for or devoted to any other purpose or purposes, this Lease shall terminate five (5) days after Lessor gives Lessee written notice thereof. Thereafter, Lessor may re -enter and take possession of said premises and remove all persons and property therefrom. G. Equipment. Lessor may, at its option, install equipment or fixtures for use in mass transit vehicle maintenance, such as hoists, on the premises. Should Lessor install said equipment, Lessee may use said equipment at no additional rent, subject to such reasonable rules, regulations or limitations Lessor may impose. Lessee agrees to strictly comply therewith. Nothing in this paragraph shall require Lessor to install any such equipment In the event Lessor installs any such equipment Lessor shall have no obligation to repair or replace the same. 5 i I H. Maintenance of Premises. Lessor agrees to keep and maintain the premises in good order and condition. Lessor reserves the right at any time to make such reasonable rules and regulations as in its judgment may from time to time be necessary for the safety, care, or cleanliness of the premises; and Lessee agrees to strictly comply therewith. Lessor's maintenance responsibilities do not include repair of any damage created by Lessee; Lessee agrees to pay for any such damage to the premises. I. Nuisance. Lessee shall not commit or suffer to be committed nuisance, waste, or unlawful act in or about the premises. J. Compliance with Laws. Lessee agrees and promises to comply with and obey all applicable federal, state, county and municipal laws, ordinances, regulations or guidelines including, but not limited to, those imposed on Lessor by federal or state regulations. K. Non - Discrimination. Lessee, on behalf of itself, its successors in interest, and assigns, as part of the consideration hereof, covenants and agrees that in the event.facilities are constructed, maintained, or otherwise operated on the Property or premises for a purpose for which a Department of Transportation program or activity is extended or for another purpose involving the provision of similar services or benefits, Lessee shall maintain and operate such facilities and services in compliance with all of the requirements imposed on Lessor or Lessee pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - Discrimination in the federally assisted L programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964; and as said Regulations may be amended. Lessee further covenants and agrees that (1) no person on the ground of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under the Property or premises and the furnishing of services thereon, no person on the ground of race, color, or national original shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that Lessee shall use the premises in compliance with ail,of the requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - Discrimination in the federally assisted programs of the Department of Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. In the event of breach of any of the above non- discrimination covenants, the City of San Luis Obispo shall have the right to terminate the Lease, and to reenter and repossess the premises, or the Property or the land and facilities thereon, and hold the same as if said Lease had never been made or issued. Assignment. Lessee agrees not to assign this Lease without the prior written consent of Lessor. Any other assignment or attempted assignment by Lessee shall be void, shall confer no rights on any third party, and shall be good cause for termination of this Lease by Lessor at its option. This Lease shall not be assignable by operation of law. 7 1 M. Lessee Not Agent of Lessor. Neither Lessee nor any of Lessee's agents or contractors are or shall be considered to be agents of Lessor in connection with the performance of Lessee's rights and obligations under this Lease. N. Release. Lessor shall not be responsible to Lessee for any loss of property from said premises however occurring. Lessee hereby waives any and all claims for damages that may be caused by Lessor in re- entering and taking possession of the premises thereby in accordance with the terms of this Lease and further waives all claims for damages to or loss of property belonging to Lessee which may be in or upon the premises at the time of such re- entering. Lessee also waives any and all claims against Lessor for damages to any property of Lessee from any cause arising at any time on the premises except for intentional torts or acts of gross negligence by Lessor, its agents, officers, employees, or independent contractors, directly responsible to Lessor. Lessor agrees to act reasonably in exercising its rights under this paragraph with respect to Lessee's property. 0. Indemnification. Lessee agrees to and shall defend, indemnify, and save harmless Lessor and its agents, officers, and employees, from and against any and all claims, demands, liability, costs, expenses, damages, causes of action and judgments for loss or damage to property or for death or injury to persons in any manner arising out of this Lease or out of the performance or attempted performance of the provisions hereof, or occurring in or about the premises arising 91 out of Lessee's mass transit operations, including, but not limited to, any act or omission or act of negligence by Lessee, its agents, employees, or independent contractors directly responsible to Lessee excepting only such injury or death which may be caused by the sole negligence or willful conduct of Lessor, or its agents, officers, employees, or independent contractors directly responsible to Lessor. P. Insurance. Lessee agrees to and shall take out and maintain during the entire term of this Lease, or shall have its contractor take out and maintain during the entire term of this Lease, in a form and with companies acceptable to Lessor, comprehensive general liability /automobile liability /public liability and property damage insurance in the amount of at least Five Million Dollars ($5,000,000) combined single limit for bodily injury and property damage.. All such insurance or the endorsements thereto must include the following provisions: (I) If the insurance covers on an "accident" basis, it must be changed to "occurrence" (2) The policy must cover personal injuries as well as bodily injuries. (3) The policy shall require the insurance carrier to give Lessor thirty (30) days prior written notice of any cancellation of such insurance or a reduction in the amount thereof or any major change. 9 (4) The policy shall provide that the insurance will act as primary insurance and that no other insurance effected by Lessor or other named insureds will be called to contribute to the loss covered thereunder. (5) The City of San Luis Obispo, its officers, agents; and employees shall be named as additional insureds under the policy. Approval of the insurance by Lessor does not relieve or decrease the extent to which Lessee may be held responsible for payment of damages resulting from this operation. Q. Destruction of Premises. Should the Facility be damaged or destroyed by an event such as, but not limited to, fire, flood, or vandalism the Lessee may, at its option, terminate the Lease. R. Authority. Should events occur which legally prevent or prohibit Lessee from participating in the delivery of public transportation services then the Less may, at its option, terminate the Lease. S. Effective Waiver. Lessor's waiver of breach of any one term, covenant, or other provision of this Lease is not a waiver or breach of any other term, nor subsequent breach of the term or provision waived. T. Surrender of Possession. At the expiration or termination of this Lease, Lessee promises and agrees to deliver unto Lessor the demised premises in as good condition as of the date Lessee first occupies the premises, reasonable wear and tear excepted. U. Notices. Unless otherwise provided, all notices required herein shall be in writing and delivered in person or sent by registered or certified mail, postage prepaid, return receipt requested. Notices required to be given to Lessor shall be addressed as follows: 10 f j Transit Manager City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403 -8100 Notices required to be given to Lessee shall be addressed as follows: Transit Manager North Coastal Transit County Government Center County Engineering Department San Luis Obispo, CA 93408 provided that either party may change its address by notice in writing to the other party and thereafter notices shall be addressed and transmitted to the new address. Mailed notices shall be deemed delivered seventy -two (72) hours after deposit in the U. S. mail. V. Entire Agreement. This Lease contains the entire agreement between the parties hereto relating to the lease of the premises and may not be modified except by instrument in writing signed by the parties hereto. W. California Law. This Lease has been entered into and is to be performed in the State of California and shall be construed and interpreted in accordance with the laws of the State of California. X. Captions. The captions, paragraphs, and subparagraph numbers and letters appearing in this Lease are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or intent of such paragraphs and do not in any way affect this Lease. 11 IN WITNESS WHEREOF, the parties hereto have executed this Lease as of the date and year first above written. ATTEST: ATTEST: No Coa 1 Transit Mana LESSOR: CITY OF SAN LUIS OBISPO By. � ;1015r Ron Dunin LESSEE NORTH COASTAL TRANSIT By: 12 TAX AREA, CODE NO. 24 57 -0 0 0. cc 12 2 AA z A y X I DD C w V BK 4 U T b s oiler ion maintenance facil' y site TRACT NO. 169 R 0 67 L BK 67 1 G �'l 5 01 66 65 H D B WA N I I 4 ELKS LANE 5 —4 11 10 9 8 7 6 1 5 4 3 2 1 .0 PART OF NE 1/4 SEC. 3 M.D. 1 05 1 20 04 23 R.12 M M. 8 13 - 9 18 1 12 13 14 15 1 21 22. - SHEE51 OP 2 16 17 022 INDEX* OOK 53 IGHWAY NO. I I 28 26 CITY OF SAN LUIS 0131SPO JMBERS S W I l 37 39 SAN LUIS OBISpb COUNTY 46 47 CALIFORNIA 13 40 ���' �. �, �. �? _r ,r,. �,.�,..t, �� �',��� ✓ n RESOLUTION NO. 5922 (1986 SERIFS) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING WORKERS' COMPENSATION BENEFITS FOR RESERVE POLICE OFFICERS WHEREAS, Reserve Police Officers provide viable services to the community on a volunteer basis, and; WHEREAS, being of volunteer status, Reserve Police Officers are not covered by workers' compensation insurance for injuries or illnesses incurred while performing services as part of the Reserve Officer Program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective this date, workers' canpensation coverage will be provided for Reserve Police Officers who suffer from injuries or illnesses arising out of and in the course of performing duties assigned in the Reserve Officer Program. SECTION 2. Workers' compensation insurance for Reserve Police Officers will be equivalent to that provided to miscellaneous members. On the motion of Councilman- -Settle - -r seconded by Councilwoman- Rayyar and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this - 18th day of -March.- -- , 1986. ATTEST: 154ON DUN IN R 5922 Resolution No. 5922 Page 2 j City Adninistrative Of ffcer am-� a�4 oa4z--, � Personnel Director (1986 Series) Ginano� Films �91er� i i J i r RESOLUTION NO. 5921 (1986 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT (CONSENT TO COMMON USE) BETWEEN THE CITY AND PACIFIC GAS & ELECTRIC COMPANY FOR CONSTRUCTION OF A TRAFFIC SIGNAL WITHIN PG &E RIGHT -OF -WAY AT THE INTERSECTION OF SOUTH HIGUERA STREET AND MARGARITA AVENUE WHEREAS, the City has approved the installation of a new traffic signal at the intersection of Margarita Avenue and South Higuera Street in accordance with an agreement with Walter Bros. Construction Co. Inc., and WHEREAS, Pacific Gas and Electric Company has prior rights with Margarita Avenue and within South Higuera Street right -of -way (outside that shown on the San Luis Obispo Suburban Tract), and WHEREAS, the new traffic signals and related appurtenances lie within said Pacific Gas and Electric Company right -of -way, NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The agreement between the City and Pacific Gas and Electric Company in conjunction with construction of a traffic signal at the intersection of South Higuera Street and Margarita Avenue within Pacific Gas and Electric Company's right -of -way is hereby approved. On motion.of Councilman Settle seconded by Councilwoman RaDDa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of March , 1986. R 5921 C Resolution_ No. 5921 (1986 Series) Page Two. CLERK PAMELA APPR (.Q.lf City Administrative Officer /Za.,vx ----7 City Att ney City Ongineer jk2 /pge -agr �l i MAYOR RON DUNIN rL,&I f-F (rvo. ern) UY V V��nvtn 0 CONSENT TO COMMON USE THIS AGREEMENT, entered into this 18th day of March. , 1986 by and between PACIFIC GAS AND ELECTRIC COMPANY, hereinafter called "Company ", and the CTTR OF SAN i UTS ORTSPO hereinafter called "Agency ", ' WITNESSETH WHEREAS, Company is the owner in possession of certain rights of way and ease- ments, hereinafter referred to as "Company's easement ", described as follows: From GEO. D. FAUSTINO and MARTHA L. FALSTINO, husband and wife, by deed dated September 23, 1953 and. recorded iu Book 733, page 305, San Luis Obispo County Official Records (LD Document No 2231 -12- 0099). 62 -4214 PG t OF 4 and -2- r WHLRGAS, Agency has acquired certain lands for installation of five rrnffir control and pedestrian signal ifhtG and si.N foot, wirI6 ranrrate sidelania• in the vicinity of the intersection of; City of Saa i.lis Obi-quo hereinafter So. Ciiguera SL & Ha.rgarica Sc. referred to as "Agency right of way ", and WHEREAS, the Agency right of way occupies a portion of Company's easement and is subject to said easement, which said portion is hereinafter referred to as "Area of Common Use" and is described as follows: Areas shown in red and blue on the drawing attached hereto and hereby made a part hereof. 62 -4214 PG 2 OF 4 -3- NOW, THEREFORE, Company and Agency hereby mutually agree as follows: 1. Company -hereby consents to the construction, reconstruction, maintenance or use by Agency of installation of five traffic and pedestrian signal lights and ten foot sidewalk over, along and upon Company's easement in the area of common use subject to Company's right and easement to use said area of common use for all of the purposes for which Com- pany's easement was acquired and to the terms and conditions herein contained. Company does not by this consent and shall not be deemed to subordinate its rights in the area of common use to any use which Agency shall make of said area. 2. Except as expressly set forth herein, this agreement shall not in any way alter, modify or terminate any provision of Company's easement or the priority thereof over the title of Agency in said area of common use. Both Agency and Company shall use said area of common use in such a manner as not to interfere unreasonably with the rights of the other. Nothing herein contained shall be construed as a release or waiver of any claim for compensation or damages which Company or Agency may now have or may hereafter ac- quire resulting from the construction of additional facilities or the alteration of existing facilities by either Agency or Company in such a manner as to cause an unreasonable inter- ference with the use of said area of common use by the other party. a. Further, this consent herein given is subject to the terms and conditions listed in "Exhibit "A" attached hereto and incorporated herein. GZ -4Z14 PG 3 OF 4 EXHTBIT "A" TERMS AND CONDITTONS I. You shall notify Company's Division electric superintendent, 4325 South Higuera Street, San Luis Obispo, California 93401, Telephone (805) 543 -7781, at least 48 hours prior to the commencement of any construction operations pursuant to this consent and obtain his or his representative's approval of the work to be performed hereunder. 2. The consent. hereby given is subject to all the .provisions of General Order Nos. 69 -C, 95 (electric), 112 -B (gas) and 128 (underground electric and communications), as applicable, of the Public Utilities Commission of the State of California and all other governmental agencies. 3. No tools, machinery, equipment or materials shall be moved or operated within ten (10) feet of'Company's high voltage overhead conductors. This is a requirement of Title 8 of the Division of Industrial Saf.er.y Orders of the California Occupational Safety and Health Administration. 4. Notwithstanding anything contained herein you agree to reimburse Company for any damage to Company's facilities resulting from your use of said area within said right of way. 5. Any improvements you shall make within said area of common use shall be done in such a manner so as not to reduce the vertical clearance beneath Companv's electric transmission line and the .ground thereunder below thirty (30) feet. 6. You shall maintain a minimum vertical clearance between the Company's electric transmission conductors and any electroLiers, traffic signal lights or pedestrian crossing lights of at least twelve (12) feet. . 7. The pedestrian crossing light near tower 1113/77 shall be located at least three (3) feet from the perimeter of said tower. 8. You shall construct the six (6) foot -wide concrete sidewalks with handicapped ramps, beneath tower 1113/77, no Closer than six (6) feet from any tower footing of tower (113/7.7. 9. You shall not plant any trees or shrubs which normally attain a height exceeding fifteen (15) feet at maturity within said area of common use. 10. You shall install protecti.ve barricades, at your expense, around tower #13/77. Said protective barricade shall be approved by Companv and shall completely encircle the four (4) tower legs of said tower to insure separation hetween the tower legs and the concrete sidewalk. Construction of said protective barricade shall be of twelve (12) inch wide twelve (12) gauge steel fiexbeam guardrail with reflective taping, attached to eight (8) inch square wood posts imbedded, at least, three (3) feet in the ground with a maximum spacing between posts of no more than twelve (12) feet six (6) inches. A drawing; displaying this construction has been attached for vour convenience. �i X 3. This agreement shall inure to the benefit of and be binding upon the successors and assigns of both parties. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in duplicate by their respective officials thereunto duly authorized. T31S, R12L c1DB&A Sec. 3 SE 1/4 of NE 1/4 PACIFIC GAS AND ELECTRIC COMPANY By 61I ') �'Iy Phillip A. Weiss, Regional General Services Attest City of San Luis Obispo By ,!:f Roa Attest 62 -4214 PG 4 OF 4 I IA i .3 7SCO 7-04L I TEO .qrrLrc77v-:, 7,4PZ i L EX 6 A 12 CACE SrEEL 01 ic EX 9c posrs MAX. AX. EG 7-10 1\1 DETAIL 6 F 6U11 F, Oq A IL 6 ul-A, .7. F0 R PRO, 62-3338 Rey. 5t77 Right of Way Map 3ac. 5 SS 's ev ivA L_ 7-RAPF C toE C/ AN GUARD RA rc IAIG PEOCR755�/n/G 13 r6'w,OE COAX-RETE S, MARrSARITA 0. LE&EmD ro ro 'rR4 FF1 a Covnmot, vGAIAL- ; v GUNRO P-Alt- Unless otherw fte shown 11717-YOF SAA1 Ztf'16 all courws ek tend to or TbWEP- F-00-Ttm,cl along boundariesor lines CITY.- RANCHO, SUBDIVISION, ETC. 6,4111 TR,1c;r SCALE 00 DATE SECTION TOWNSHIP RANGE MERIDIAN COUNTY OF SAN Luis Oe/_s�!�o CHO -DATE oEscRipriom RUTH. OY CH. F.B.M. DR. I3YtPAr- CH. BYs '?231_1'Z_0099 .P CwwoE; IDRAWINQ I [REFERENCES DIVISION AUTHORIZATION NO. CHG. -� : c � %- c%O �� .%./��`` ��C- r„���!) �1 ,, i( �. RESOLUTION NO. 5920 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PROGRAM SUPPLEMENT NO. 5 (REVISED), TO THE LOCAL AGENCY /STATE AGREEMENT NO. 05 -5016 FOR FEDERAL -AID PROJECTS FOR THE CALIFORNIA BOULEVARD AT MONTEREY STREET TRAFFIC SIGNAL WHEREAS, the Congress of the United States has in 1982 U.S. Surface Transportation Act declared it to be in the national interest for federal funds to be expended for highway projects on the Federal Air Urban systems, and WHEREAS, the City and the State have entered into Master Agreement No. 05 -5016 for Federal -Aid Projects, and WHEREAS, the proposed program supplement No. 5 (Revised) to the Master Agreement is in keeping with State.and Federal guidelines, and WHEREAS, the Engineering Division of the Public Works Department has completed plans for the California Blvd. at Monterey St.. Traffic Signal Project, NOW THEREFORE BE IT RESOLVED, that the Council of the City of San Luis Obispo, California hereby: 1. Approves that certain agreement, attached hereto marked Exhibit A, and incorporated herein by reference, between the City of San Luis Obispo and the State of California, Department of Transportation, and the Mayor is authorized to execute the same. 2. Authorizes the City Clerk to transmit both of the original agreements, attaching to each a copy of this resolution, to: Mr. W.W. Evans Asst. Dist. Local Assistance Engineer Department of Transportation P.O. Box 8114 San Luis Obispo, CA 93403 -8114 On motion of Councilman Settle seconded by Councilwoman Rappa and on the following roll call vote: R 5920 Resolution No. 5920 (1986 Series) Page Two AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of March 1986. MAT5R-T UNIN ATTEST: CITY CLERK P APPROVED: pax�p-a &0- x7p��L City Administrative 0 icer City At ney Finance Direct City egineer jwh /e08 -sup by �eLf �rw7S 0 on?� �sor� F-/ 'nC'� J RESLTUTION NO. 5919 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE SAN LUIS OBISPO APPROVING THE UPDATED PRIORITY LISTS FOR USER GROUPS OF SINSHEIMER PARK ATHLETIC FACILITIES. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby approves the priority lists of use of Athletic Facilities in Sinsheimer Park, a copy of which is attached hereto, included by reference and marked Exhibit "A ". SECTION 2. A copy of the approved priority lists will be forwarded to the San Luis Coastal Unified School District Board of Education for their confirmation. On motion of Councilman Settle , seconded by Councilwoman Rappa , and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of March 198 CI CLERK PAMELA VOG,F�S AP RO (� yy VI C1Wf ADMINISTRATIVE OFFICER 10 MAY7§ONALD DUNIN * s s s s� *•� a 44"-0- CITY AT RNEY w4ft 1 ��t�t17SaY� .l DIRECTOR OF RECREAT / R 5919 EXHIBIT "A" PRIORITIES FOR USE OF SINSHEIMER PARK SOFTBALL FIELD RESPONSIBILITY FOR SCHEDULING All scheduling will be the responsibility of the Parks and Recreation Department following the priorities developed by the Advisory Committee on Joint. Recreational Use of School District Property. PRIORITIES FOR USE OF THE SOFTBALL FIELD 1. City Recreation Department operations. Including, but not limited to: a. Department sponsored & co- sponsored league play b. Department scheduled practices c. Department sponsored or co- sponsored tournaments 2. Special Events and Tournaments. (These events must derive revenue of which a percentage is paid to the city for future development.) 3. Educational (School) Program. Does not include Physical Education classes. Priority use as listed. a. Local intermediate and secondary schools b. California State Polytechnic University c. Cuesta Community College 4. Special Populations 5. Traveling Leagues (Semi -Pro) 6. Private Agencies. (No priority within this category) a. Y.M.C.A. b. Boy and Girl Scouts c. Camp Fire 7. Private groups (use fee will be charged) PRIORITIES FOR USE OF sINSHEIMER PARK SOFTBALL FIELD Page 2 FEES Priority 2, 3, 4, 5, & 6 are subject to current field maintenance, lighting, and tournament administration charges. In addition to the above mentioned charges all of these uses are subject to a fee of 10% of the gross (20% of the gross on gate receipts) on all fees collected. (The Parks and Recreation Department can assist you with the specific fees and charges applicable.) Priority #7 will be charged $5.00 /hour use up to a $20.00 maximum use fee plus any applicable field maintenance and lighting charges. USER RESPONSIBILITIES All use shall be controlled by user organizations following guidelines set forth by the Park and Recreation Department in order to maintain this facility in the best possible repair. Disregard for rules concerning use of facility will constitute grounds for banning future use of facility. User groups will be billed for actual costs incurred to repair damages to facility. ALL fees and charges for use of the facility are due and payable within 30 days of use. REVIEW OF PRIORITIES This list of priorities shall be in effect until March 1, 1987. These priorities shall be reviewed annually by the Advisory Committee on Joint Recreational Use of School District Property and submitted to the San Luis Obispo City Council and San Luis Coastal Unified Board of Education for approval. PRIORITIEYfOR USE OF SINSHEIMER PARK TENN_, COURTS RESPONSIBILITY FOR SCHEDULING All scheduling will be the responsibility of the Parks and Recreation Department following the priorities developed by the Advisory Committee on Joint Recreational Use of School District Property. PRIORITIES FOR USE OF THE COURTS 1. Tennis lessons - sponsored by the S.L.O. Recreation Department. 2. Department tournaments - sponsored or co- sponsored by the SLO Recreation Department. 3. Recreational Tennis Play 4. Local School District tournament or league championships. 5. Local School District league play. 6. Others tournaments, special events or special fund - raising activities. CONDITIONS CONCERNING PRIORITIES Priority *1 :. Department Sponsored Lessons. No more than three (3) courts will be scheduled on any given day or any given hour of a day. Priority *2: Department Sponsored & Co- Sponsored Tournaments. Courts as necessary. Priority *3: Recreational Tennis Play. On any given day or at any given hour, other than Department's Tournament days, there shall be a minimum of two (2) courts available for recreational play. Recreational play will comprise the prime use of all courts when not scheduled by the Recreation Department for lessons or tournaments. PRIORITIES FOR USE OF INSHEIMER PARK TENNIS COURTS Page 2 Priority #4: Local School District Tournament or Championship Matches. Requests for use of Sinsheimer Courts for this priority must be forwarded to Recreation Department for consideration as soon as local team is notified that they will be a part of such competition. A local school district team must take part in such a tournament or championship in order to qualify for this priority. Priority #5: Local School District League Play. No'more than four (4) courts will be scheduled on any given day or hour for this priority. School schedules must be submitted to the Recreation Department one month prior to first league game. Priority #6: Other tournaments or events: Requests must be made directly to the Advisory Committee on Joint Recreational Use of School District Property at least 30 days prior to said activity. FEES Any priority 4, 5, or 6 activity designed to raise money for any other purpose other than the further development of Sinsheimer Park will pay a use fee of $5.00 per court per day (including 20% or all gate revenue). USER RESPONSIBILITIES All use to be controlled by user organizations following guidelines set forth by the Park and Recreation Department in order to maintain this facility in the best possible condition. Disregard for rules concerning PRIORITIES FOR USE OF INSHEIMER PARK TENNIS COURTS Page 3 use of the facility will constitute grounds for banning future use of the facility. User groups will be billed for actual costs incurred to repair damages to facility. ALL use fees for facility are due and payable within 30 days of use. REVIEW OF PRIORITIES This list of priorities shall be in effect until March 1, 1987. These priorities shall be reviewed annually by the Advisory Committee on Joint Recreational Use of School District Property and submitted to the San Luis Obispo City Council and San Luis Coastal Unified Board of Education for approval. PRIORITIEFOR USE OF THE SAN LUIS BASEBALLr'S TADIUM LOCATED IN SINSHEIMER PARK RESPONSIBILITY FOR SCHEDULING All scheduling will be the responsibility of the Parks and Recreation Department following the priorities developed by the Advisory Committee on Joint Recreational Use of School District Property. PRIORITIES FOR USE: 1. Special Games, Tournaments and Play -offs (priorities as listed): a. Exhibition Games (Highest class ball possible) b. Major special league Tournaments (Babe Ruth, Sr.; Babe Ruth, ect.) c. Minor special league Tournaments (Same as above, but below district levels) d. SLCUSD High School and Community College Tournaments e. C.I.F. Championship Games f. University level Tournaments g. Semi- professional Tournaments or Play -offs h. Recreation Department /School District i. Other 2. TEAM PLAY PRIORITY: Early Season Late Season a. Any SLCUSD High School a. Babe Ruth & Sr. Babe Ruth baseball team b. San Luis Blues /& other local b. Cal Poly semi -pro teams c. Rec. Dept c. Rec. Dept. /School District use d. Other d. Other J PRIORITIES FOR USE OF SAN LUIS BASEBALL STADIUM Page 2 3. PRACTICE SESSIONS NOTES - * Practices will be limited to game situation sessions. Workouts should be scheduled at other facilities. * Night "Practice games" will be charged for lights as though they were regular games. * All practices must be cleared through the Park and Recreation Department and scheduled as in regular games. * User organizations will be responsible for field maintenance and /or charged in accordance with fee schedule as in regular games. FEES 20% of the gross revenue on gate receipts (10% of the gross revenue on all other collections, charges, or other fees) or $25 per day whichever is greater, shall be paid to the "Sinsheimer Park Fund" within 30 days of said activity. In addition to the above mentioned fee, maintenance and light expenses must be paid in advance to the Department of Parks and Recreation. Current fees for maintenance & lights available at the Recreation Department office. USER RESPONSIBILITIES All use to be controlled by user organizations following guidelines set forth by the Park and Recreation Department in order to maintain this facility in the best possible condition. Disregard for rules concerning PRIORITIES FOR USE Ob =iHE SAN LUIS BASEBALL STADIUM Page 3 LOCATED AT SINSHEIMER PARK use of the facility will constitute grounds.for banning future use of the facility. ALL use fees for facility are due and payable within 30 days of use. REVIEW OF PRIORITIES This list of priorities shall be in effect until March 1, 1987. These priorities shall be reviewed annually by the Advisory Committee on Joint Recreational Use of School District Property and submitted to the San Luis Obispo City Council and San Luis Coastal Unified Board of Education for approval. PRIORITIES FOR USE OP- 'MUNICIPAL SWIMMING POOL LOCATED -IN SINSHEIMER PARK RESPONSIBILITY FOR SCHEDULING All scheduling will be the responsibility of the Parks and Recreation Department following the priorities developed by the Advisory Committee on Joint Recreational Use of School District Property. PRIORITIES FOR USE 1.. Public use as scheduled by Recreation Department, including: a. Recreational swimming b. Lap swimming 2. Public use as scheduled by Recreation Department, including: a. Instruction (Red Cross series) b. Special Classes c. Other 3. School use (priority as listed) a. San Luis Obispo intermediate and secondary schools - does not include Physical Education classes. b. California Polytechnic State University c. Cuesta Community College 4. Swimming for Special Populations 5. Swim Clubs (Specified hours and with city /club agreements for practice and meet space) 6. Private Agencies (Equal priority - includes, but not limited to:) a. Camp Fire b. Boy Scouts - Girl Scouts - Explorers c. Y.M.C.A. 7. Private groups and Parties i P PRIORITIES FOR USE OF MUNI SWIMMING POOL IN SINSHEIMER PARK Page 2 NOTE: Meets or other aquatic special events that may produce revenue for the city's pool will take preference over practices or non - revenue producing activities. The Park and Recreation Department will determine when scheduling such activities, the best interest of the City. FEES Priorities 3, 4, 5, 6, & 7 should contact Director of Recreation for current fee structure for use of pool. All pool related fees & charges will be deposited with the city of San Luis Obispo. USER RESPONSIBILITIES All use to be controlled by user organizations following guidelines set forth by the Park and Recreation Department in order to maintain this facility in the best possible condition. Disregard for rules concerning use of the facility will constitute grounds for banning.future use of the facility. User groups will be billed for actual costs incurred to repair damages to facility. ALL use fees for facility are due and payable within 30 days of use. REVIEW OF PRIORITIES This list of priorities shall be in effect until March 1, 1987. These priorities shall be reviewed annually by the Advisory Committee on Joint Recreational Use of School District Property and submitted to the San Luis Obispo Council and San Luis Coastal Unified Board of Education for approval. 2, WAq SMUMIR Z! J009 MAYAR MUM 10 M flul 231TIONK nDvb0-q VSM isna wriova 16loeqn ANOPP6 Indio no 0507 ATS., jut9vo- Non to sonAssiq 19v0 songlolgiq 9ASI f4w fooq WyVa 0A 9alm7al9b if imemism94 noilBoinA bnB ON YAT .aeiflvll,6 pAmboiq JAD 30 to v297mn! 3006 00 collivrion ON% WnAuhsayy H"A 233" 101 •oWelsOR 10 lolnulL• sminoo MUM 7 0 A A .4 A %013001101 annIM 8 Zen! belclel jocq 1! f; Acoq in 021J 101 jwWoulle e 9 W0110-: U(rAK9 Sul ov? lu YAW 9A WS bqMwnqwb od iffo: 231TINSIM923F HES) ma %quil"biwN an!-Wiol amAminurio nwu vd b"llonlaon sd oj 90N ffA AN Asulcm ol Win of juwmAgq9G sollsviouO bns AM 90 yd MY sutniannoy eulun iol b%hysiaid moijibnoD Adism mod 90 W 11MIA 9dj Q tau swoul Zuinnsd in! abrivaig olvAlaano lAw YJAWBI SO 10 nou nisn"n ol !J'1 -mosk mun fonlos ml WfAd qd mw wjunij In& vlMnci WAS sidrytrt Mg gals gis Witnal ini as"! on" JJA AW&A 01 nogymnD Ono 10 aysb vn�' RAT120,24 10 WAVRA "undT .780 A diisr Uln" smolly A A LIM wililoinq 10 Jai! AS YAK no owsimmoD yion!vjA Al Vd yllsunna AwAVO, A 112da a•ilkolic %juj anE qdT aj h0jjjmdu2 Lnn y1lygul9 syljola looinE In VxU LnnoryosloQ iol nolisnuM lo bis& MAW fww= aW W bw WuvoO jq-IdD Lavolqas RESF—�T ION NO. 5918 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PARK FACILITY USE PERMITS WITH CONDITIONS WITH THE COUNTY OF SAN LUIS OBISPO FOR USE OF TWO SOFTBALL FIELDS AT EL CHORRO PARK. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Council hereby approves and accepts the park facility use permits with conditions with the County of San Luis Obispo for use of two softball fields in E1 Chorro Park on weeknights from April 28 through August 30, 1986 and weekend use for May 24 &'25, August 9 & 10, and October 4 & 5, 1986, copies of which are attached hereto marked as Exhibits "A ", "B ", "C" and SECTION 2. The City Clerk's Office shall furnish a copy of this resolution and a copy of the executed permits approved by it to: Recreation and Parks Director, Public Works Director and Director of General Services of the County of San Luis Obispo. On motion of Councilman Settle , seconded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of March 1986 "Mayor Ronald Dunin ATTEST: R 5918 APPROVED: za S City Administrative Off cer City At Dire tor/of Recreation Director of Public Works vn " January 29, 1986 C, EXHIBIT "A" COUNTY OF SAN LUiS OBISPO 6cpamment of gcncQal scimces COU \TY GOVFRN % E \T (F \l ER • SA\ LUiSOB61'O. CALIFOR \.;1 -1.,40 - N,'i)'y�r,'. _(t I)(...VNT 11, [XIB, I)IREC!(V City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 ATTN: Linda Fitzgerald PARK FACILITY USE PERMIT The Department of General Services, hereinafter referred reviewed a_ request of the City of San Luis Obispo, hereii "Permittee "., concerning a Softball League to be held at El Ballfields from April 28 until August 29. Your request has to the following conditions: to as "County ", has rafter referred to as Chorro Regional Park been approved subject 1. Permittee agrees that this is a one -time only use and that any future use shall be at the sole discretion of the County. 2. Permittee agrees that this permit is.of a personal nature and assignment or transfer by Permittee of this permit, or of any privileges given hereunder, shall not be permitted without the written consent of the County.. 3. Permittee agrees that the County shall not be responsible to Permittee for any loss of property from said premises, however occurring. 4. Permittee shall defend, indemnify and save harmless the County, its officers, agents and employees, from any and all claims, demands, damages, costs, expenses, judgments or liability arising out of this Use Permit or occasioned by the performance or attempted performance of the provisions hereof, including, but not limited to, any act or omission to act on the part of the Permittee or his agents or employees. or other independent contractors directly responsible to him; except those claims, etc., resulting solely from the negligence or willful misconduct of the County. 5. Permittee hereby any and all claims for damages that may be caused by the County in re- entering and taking possession of the premises as January 29, 1986 City of San Luis Obispo Page Two herein provided, and all claims for damages that may result from the destruction of or injury to the premises thereby, and all claims for damages to or loss of such property. belonging to the Permittee as may be in or upon the premises at the time of such re- entering. Permittee hereby also waives any and all claims against the County for damages to any property of Permittee from any cause arising at any time. 6. County may terminate this Use Permit at any time by giving Permittee written notice of such termination. 7. Permittee agrees to abide by directives of County personnel relating to use of the area designated for Permittee's activity. 8. Amplified music or sound is prohibited. 9. Permittee acknowledges the rights and privileges of the general public to use E1 Chorro Regional Park. 10. Permittee agrees to provide all necessary litter containers and agrees to arrange for the proper disposal of all litter generated by Permittee's activity. 11. No retail sales including food /snacks concessions is allowed under this permit. 12. All fees shall be paid .prior to issuance of any permit by the Department of General Services. 13. It shall be the exhibit organizer's responsibility to secure any other permits or licenses require by City, County, State, or Federal Governments.. 14. Field maintenance, including watering, dragging, lining of infields, litter pick up disposal, minor facility repairs and cleaning or restrooms immediately adjacent to the softball fields will be performed on a daily basis by Permittee's employees under Permittee supervision and direction Monday through Friday. 15. Permittee will sign both fields, Number I and Number II, indicating the days and hours of use. Signing is to be done in a content and manner approved by the County and placed at both fields 14 days prior to April 28, 1986. 16. Permittee will provide all required supplies and equipment for Permittee league game play, including, but not limited to bases, pitching rubbers and home plates. January 29, 1986 City of San Luis Obispo Page Three Permi 17. Permittee will pay to County the amount of $940.00 for use of fields Number I and II, prior to April 28, 1986. 18. Permittee, or any affiliates or competitors of your competition, will make no attempt to collect funds or contributions from individuals using E1 Chorro Regional Park. 19. Use granted by this permit will be Monday through Friday, from 2:00 p.m. until 8:00 p.m. 20. Permittee agrees to make improvements) to the E1 Chorro Regional Park softball field(s). Said improvements shall have a value of at least $1,500, but not to exceed an amount of $3,900. Improvement(s) shall be made in a manner approved by County and be completed by December 31, 1986. 21. The Permittee shall .submit documentation indicating that the City of San Luis Obispo's liability self- insurance program will be in effect throughout the length of this agreement and will cover the activities sponsored by the Permittee. NAME:' /fir J s rte_ BY: MAYOR RON DUNIN DATE: . r , ,U." DUANE P. LEIB, General SiTr_vices Director js /5699o/J #1 1/30 EXHT BIT January 29, 1986 City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 ATU: Linda Fitzgerald PARK FACILITY USE PERMIT The Department of General Services, hereinafter referred to as "County has reviewed a request of the City of San Luis Obispo, hereinafter referred to as "Permittee ", concerning a Softball Tournament to be held at El Chorro Regional Park Ballfields on May 24 and 25. Your request has been approved subject to the following conditions: 1. Permittee agrees that this is a one -time only use and that any future use shall be at the sole discretion of the-County. 2. Permittee agrees that this permit is of a personal nature and assignment or transfer by Permittee of this permit, or of any privileges given hereunder, shall not be permitted without the written. consent of the County. 3. Permittee agrees that the County shall not be responsible to Permittee for any loss of property feom'said premises, however occurring. 4. Permittee shall defend, indemnify and save harmless the County, its officers; agents and employees, from any and all claims, demands, damages, costs, expenses, judgments or liability arising out of this Use Permit or occasioned by the performance or attempted performance of the provisions hereof, including, but not limited to, any act or omission to act on the part of the Permittee or his agents or employees or other independent contractors directly responsible to him; except those claims, etc., resulting solely from the negligence or willful misconduct of the County. 5. Permittee hereby waives any and all claims for damages that may be caused by the County in re- entering and .taking possession of the premises as January 29, 1986 City of San Luis Obispo Page Two herein provided, and all claims for damages that may result from the destruction of or injury to the premises thereby, and all claims for damages to or loss of such property belonging to the Permittee as may be in or upon the premises at the time of such re- entering. Permittee hereby also waives any .and all claims against the County for damages to any property of Permittee from any cause arising at any time. 6. County may terminate this Use Permit at any time by giving Permittee written notice of such termination. 7. Permittee agrees to abide by directives of County personnel relating to use of the area designated for Permittee's activ -ity. 8. Amplified music or sound is prohibited. 9. Permittee acknowledges the rights and privileges of the general public to use El Chorro Regional Park. 10. Permittee agrees to provide all necessary litter containers and agrees to arrange for the proper disposal of all litter generated by Permittee's activity. 11. Permittee acknowledges and agrees that their activity is in no way associated with, or a function of, the County of San Luis Obispo. 12. All concessions or exhibits shall involve digging, nailing or any structures or grounds. be temporary in nature and shall not other method or connection to park 13. Permittee agrees that all concessions or exhibits shall be temporary in nature and shall not involve digging, nailing or any other method of connection to park structures or grounds. 14. All fees shall be paid prior to issuance of any permit by the Department of General Services. 15. It shall be the exhibit organizer's responsibility to secure any other permits or licenses require by City, County, State, or Federal Governments. 16. Field maintenance, including watering, dragging, lining of infields, litter pick up disposal, minor facility repairs and cleaning or restrooms immediately adjacent to the softball fields will be performed on a daily basis by Permittee's employees under Permittee supervision and direction Monday through Friday. January 29„ 1986 . City of San Luis Obispo Page Three 11. Permittee will sign both fields, Number I and Number II, indicating the days and hours of use. Signing is to be done . in a content and manner approved by the County and placed at both fields 14 days prior to May 24, 1986. 18. Permittee will provide all_ required supplies and equipment for Permittee league game play, including, but not limited to bases, pitching rubbers and home.plates. 19. Permittee, or any affiliates or competitors of your competition, will make no attempt to collect funds or contributions from .individuals using El Chorro Regional Park. 20. The Permittee shall submit documentation indicating that the City of San Luis. Obispo's liability self insurance program will be in effect throughout the length of this Agreement and will cover the activities sponsored by the Permittee. 21. Permittee agrees to pay 10% of the first $1,000, 15% thereafter in gross receipts from food and. beverage concessions, to be paid within seven days of tournaments conclusion. 22. Permittee agrees to pay a standard reservation fee of $100 per day for Ballfields I and.II with permit application. 23. Standard reservation fee will be refunded if cancellation is received at least 15 days prior to event. ATTES . CITY CLERK PAMELA V ES Permit Approved: DUANE P. LEIB, General Services Director is /5699o/J #1 1/30 NAME• �- _ _ BY: MA R RON DUNIN DATE: 2,0e3_' - O January 29, 1986 City of San Luis Obispo P..O: Box 8100 San Luis Obispo, CA 93403 -8100 ATTN: Linda Fitzgerald PARK FACILITY USE PERMIT DEXHIBIT "C" The Department of General Services, hereinafter referred to as "County", has reviewed a request of the City of San Luis Obispo, hereinafter referred to as "Permittee ", concerning a Softball Tournament to be held at El Chorro Regional Park Ballfields on August 9 and 10. Your request has been approved subject to the following conditions: 1. Permittee agrees that this is a one -time only use and that any future use shall be at the sole discretion of the County. 2. Permittee agrees that this permit is of a personal nature and assignment or transfer by Permittee of this permit, or of any privileges given hereunder, shall not be permitted without the written consent of the County. 3. Permittee. agrees that the County shall not be responsible to Permittee for any loss of property from said premises, however occurring. 4. Permittee shall defend, indemnify and save harmless the County, its officers, agents and employees, from any and all claims, demands, damages, costs, expenses, judgments or liability arising out of this Use Permit or occasioned by the performance or attempted performance of the provisions hereof, including, but not limited to, any act or omission to act on the part of the 'Permittee or his agents or employees or other independent contractors directly responsible to him; except those claims, etc., resulting solely from the negligence. or willful misconduct of the County.. 5. Permittee hereby waives any and all claims for damages that may be caused by the County in re- entering and taking .possession of the premises as herein provided, and all claims for damages that may result from the. January 29, 1986 City of San Luis Obispo Page Two destruction of or injury to the premises thereby, and all claims for damages to or loss of such property belonging to the Permittee as may be in or upon the premises at the time of such re- entering. Permittee hereby also waives any and all claims against the County for damages to any property of Permittee from any cause arising at any time. 6. County may terminate this Use Permit at any time by giving Permittee written notice of such termination. 7. Permittee agrees to abide by directives of County personnel relating to use of the area designated for Permittee's activity. 8. Amplified music or sound is prohibited. 9. Permittee acknowledges the rights and privileges of the general public to use E1 Chorro Regional Park. 10. Permittee agrees to provide all necessary litter containers and agrees to arrange for the proper disposal of all litter generated by Permittee's activity. 11. Permittee acknowledges and agrees that their activity is in no way associated with, or a function of, the County of San Luis Obispo. 12. All concessions or exhibits shall involve digging, nailing or any structures or grounds. be temporary in nature and shall not other method or connection to park 13. Permittee agrees that all concessions or exhibits shall be temporary in nature and shall not involve digging, nailing or any other method of connection to park structures or grounds. 14. All fees shall be paid prior to issuance of any permit by the Department of General Services. 15. It shall be the exhibit organizer's responsibility to secure any other permits or licenses require by City, County, State, or Federal Governments. 16. Field maintenance, including watering, dragging, lining of infields, litter pick up disposal, minor facility repairs and cleaning or restrooms immediately adjacent to the softball fields will be performed on a daily basis by Permittee's employees under Permittee supervision and direction Monday through Friday. . C January 29, 1986 City of San Luis Obispo Page Three 17. Permittee will sign both fields, Number I and Number II, indicating the days and hours of use. Signing is to be done in a content and manner approved by the County and placed at both fields 14 days prior to August 16, 1986. 18. Permittee will provide all required supplies and equipment for Permittee league game play, including, but not limited to bases, pitching rubbers and home plates. 19. Permittee, or any affiliates or competitors of your competition, will make no attempt to collect funds or contributions from individuals using E1 Chorro Regional Park. 20. The Permittee shall submit documentation in that the City of San Luis Obispo's liability self insurance program will be in effect throughout the length of this Agreement and will cover the activities sponsored by the Permittee. 21. Permittee agrees to pay 10% of the first $1,000, 15% thereafter in gross receipts from food and beverage concessions, to be paid within seven days of tournaments conclusion. 22. Permittee agrees to pay a standard reservation fee of $100 per day for Ballfields I and II with permit application. 23. Standard reservation fee will be refunded if cancellation is received at least 15 days prior to event. ATTEST CITY LERK PAMELA VO S Permit Approved: DUANE P. LEIB, General Services Director is /5699o/J #1 1/30 NAME: BY: MAYOR RON DUNIN DATE: January 29, 1986 City of San Luis Obispo P.O. Box 8100 San Luis Obispo, CA 93403 -8100 ATTN: Linda Fitzgerald PARK FACILITY USE PERMIT The Department of General Services, hereinafter referred to as "County ", has reviewed a request of the City of San Luis Obispo, hereinafter referred to as " Permittee", concerning a Softball Tournament to be held, at E1 Chorro Regional Park Ballfields on October 4 and 5. Your request has been approved subject to the following conditions: 1. Permittee agrees that this is a one -time only use and that any future use shall be at the We discretion of the County. 2. Permittee agrees that this permit is of a personal nature and assignment or transfer by Permittee of this permit, or of any privileges given hereunder, shall not be permitted without the written consent of the County: 3. Permittee agrees that the County shall not be responsible to Permittee for any loss of property from said premises, however occurring. 4. Permittee shall defend, indemnify and save harmless the County, its officers, agents and employees, from any and all claims, demands, damages, costs, expenses, judgments or liability arising out of this Use Permit or occasioned by the performance or attempted performance of the provisions hereof, including,_ but not limited to; any act or omission to act on the part of the Permittee or his agents or employees or other independent contractors directly responsible to him; except those claims, etc., resulting solely from the negligence.or. willful misconduct of the County. 5. Permittee hereby waives any and all claims for damages that may be caused by the County in re- entering and taking possession of the premises as herein provided, and all claims for damages that may result from the destruction of or injury to the premises thereby, and all claims for damages to or loss of such property belonging to the Permittee as may be in or upon the premises at the time of such re- entering. Permittee hereby also waives any and all claims against the County for damages to any property of Permittee from any cause arising at any time. January 29, 1.986 City of San Luis Obispo Pageo Two 6. County may terminate this Use Permit at any time by giving Permittee written notice of such termination. 7. Permittee agrees to abide by directives of County personnel relating to use of the area designated for Permittee's activity. 8. Amplified music or sound is prohibited. 9. Permittee acknowledges the rights and privileges of the general public to use E1 Chorro Regional Park. 10. Permittee agrees to provide all necessary litter containers and agrees to arrange for the proper disposal of all litter generated by Permittee's activity: 11. Permittee acknowledges and agrees that their activity is in no way associated with, or a function of, the County of San Luis Obispo. 12. All concessions or exhibits shall be temporary in nature and shall not involve digging, nailing or any other method or connection to park structures or grounds. 13. Permittee agrees that all concessions or exhibits shall be temporary in nature and shall not involve digging, nailing or any other method of connection to park structures or grounds. 14. All fees shall be paid prior to issuance of any permit by the Department of General Services. 15. It shall be the exhibit organizer's responsibility to secure any other permits or licenses require by City, County, State, or Federal Governments. 16. Field maintenance,' including watering, dragging, lining of infields, litter pick up disposal, minor facility repairs and cleaning or restrooms immediately adjacent to the softball fields will be performed on a daily basis by Permittee's employees under Permittee supervision and direction Monday through Friday. 17. Permittee days and approved October 4, will sign both hours of use. by the County 1986. fields, Number I and Number Signing is to be done in a and placed at both fields II, indicating the content and manner 14 days prior to 18. Permittee will provide all required supplies and equipment for Permittee league game play, including, but not limited to bases, pitching rubbers and home plates. January 29, 1986 City of San Luis Obispo Page Three 19. Permittee, or any affiliates or competitors of your competition, will make no attempt to collect funds or contributions from individuals using E1 Chorro Regional Park. 20. The Permittee shall submit documentation indicating that the City of San Luis Obispo's liability self insurance program will be in effect throughout the length of this Agreement and will cover the activities sponsored by the Permittee. 21. Permittee agrees to pay 10% of the first $1,000, 15% thereafter in gross receipts from food and beverage concessions, to be paid within seven days of tournaments conclusion. 22. Permittee agrees to pay a standard reservation fee of $100 per day for Ballfields I and II with permit application. 23. Standard reservation fee will be refunded if cancellation is received at least 15 days prior to event: NAME • ATTEST: - BY: MAYOR RON DUNIN DATE: or 7 CITY VLERK P, Permit Ap roved: DUANE P. LEIB, General Services Director js /5699o/J #1 1/30 17 RESOLUTION N0. 5917 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO RESCINDING RESOLUTION 5404 (1984 Series) AND ESTABLISH FEES FOR FIRE DEPARTMENT PERMITS. WHEREAS, the current Fire Department Fee Schedule does not include fees for the underground storage of hazardous materials; and WHEREAS, State law (Section 25280, et seq, of the Health & Safety Code , Chapter 1046 of the 1983 Statutes) provides for cities to establish fees to recover the costs of implementing a State - mandated program to regulate the underground storage of hazardous materials. NOW THEREFORE BE IT RESOLVED: by the Council of the City of San Luis Obispo as follows: Section 1: The Council hereby establishes fees for each item listed under Article 4 of the 1982 Edition of the Uniform Fire Code as adopted in Chapter 15.08 of the City of San Luis Obispo Municipal Code. Section 2: The Council hereby establishes fees to recover the cost of implementing a State- mandated program to regulate the underground storage of hazardous materials. Section-3: The amount of each permit required shall be as shown in Exhibit "A" attached hereto. Section 4: Resolution 5404 (1984) Series is hereby rescinded. R 5917 I On motion of Councilwoman Rappa and on the following roll call vote: 1 , seconded by Mayor Dunin AYES: Councilwoman Rappa, Mayor Dunin, Councilmembers Dovey and Griffin NOES: Councilman Settle ABSENT: None the foregoing Resolution was passed and adopted this 4th day of March 1986. ATT T: CITI CLERK, P VOGES Appr ed: 0-,� o_ a S _ City Administrativ o icer Fire Chief RON DUNIN EXHIBIT A FIRE DEPARTMENT PERMIT FEE SCHEDULE (Renewable Annually) 1. Aircraft Refueling Vehicles $ 35.00 2. Aircraft Repair Hangar 35.00 3. Automobile Wrecking Yard 35.00 * 4. Bonfire or Rubbish Fires 35.00 5. Bowling Pin or Alley Refinishing 35.00 * 6. Burning in Public Place 35.00 7. Candles or Open - Flames in Assembly Areas 35.00 8. Cellulose Nitrate Storage (handle or store over 100 cubic feet) 35.00 9. Combustible Fiber Storage (handle or store over 100 cubic feet) 35.00 10. Compressed Gases: A) Non - flammable - more than 6000 cubic feet 35.00 B) Flammable - more than 2000 cubic feet 45.00 11. Cyrogens: A) Inside Building 1) Flammable - over 1 gallon 35.00 2) Oxidizer (includes oxygen) over 50 gallons 35.00 3) Corrosive or Highly Toxic - over 1 gallon 35.00 4) Non - flammable - over 60 gallons 35.00 B) Outside Building 1) Flammable - over 60 gallons 35.00 2) Oxidizer (includes oxygen) 35.00 3) Corrosive or Highly Toxic - over 1 gallon 35.00 4) Non - flammable - over 500 gallons 35.00 12. Dry Cleaning Plant A) Using Flammable Liquids 35.00 B) Using Non - flammable Liquids 35.00 13. Dust Producing Operation 35.00 14. Explosives or Blasting Agents 35.00+ A) Engine Standby 65.00 hr. *15. Fireworks 45.00 16. Flammable or Combustible Liquid Pipeline Operation and Excavation 45.00 17. Flammable or Combustible Liquids A) Inside - Class I (over 5 gallons) Class II & III (over 25 gallons) 45.00 B) Outside - Class I (over 10 gallons) Class II & III (over- 60 gallons 45.00 18. Fruit Ripening - Ethylene Gas Process 35.00 *19. Fumigation or Thermal Insecticidal Fogging 35.00 20. Garages - Repair 35.00 PERMIT FEE SCHEDULE - continued 21. Hazardous Chemicals: . A) Ammonium Nitrate (over 1000 lbs.) 45.00 B) Corrosive Liquids (over 55 gallons) 45.00 C) Cyrogenics (any amount) 45.00 D) Highly Toxic Materials (any amount) 45.00 E) Hypergolic Materials (any amount) 45.00 F) Nitromethane (over 500 lbs.) 45.00 G) Organic Peroxides (over 10 lbs.) 45.00 H) Oxidizing Materials (over 500 lbs.) 45.00 I) Poison Gas (any amount) 45.00 J) Pyrophoric Materials (any amount) 45.00 K) Any combination of amounts stated above 90.00 22. Highly Toxic Pesticides (storage of any amount) 45.00 23. High Piled Combust. Stock - exceeding 2500 sf 45.00 24. Junk Yards 35.00 25. Liquified Petroleum Gas A) Containers more than 119 gallons water cap. 35.00 B) Tank Vehicles for Transportation of LP Gas 35.00 26. Lumberyard - Storage in excess of 1000,000 bd ft 35.00 27. Magnesium Working - Process more than 10 lbs daily 35.00 *28. Mall (Covered) A) Place or construct temporary kiosk, display booths, concession equipment or the like in the mall 35.00 B) Use the mall as a place of assembly 35.00 C) Use open- flames or flame- producing device 35.00 D) Display any liquid or gas - fueled power equipment 35.00 E) Use liquified petroleum gas, liquified natural gas and compressed flammable gas in a mall 35.00 29. Matches - Manufacture /Store in excess of 60 matchman gross (14,400 each gross) 35.00 30. Nitrate Film - Store, handle, use or display 35.00 31. Oil and Natural Gas Wells (drill, own /operate (Drill, own /operate or maintain) 35.00 *32. Open Flame Devices in Marines A) Use open -flame devices for maintenance or repair of boats, slips or wharfs 35.00 B) To use a portable barbecue, brazier or working device on any boat, slip or wharf 35.00 33. Organic Coatings - Manufacture over 1 gal /day 35.00 34. Ovens - (Industrial, Baking and Drying) 35.00 35. Places of Assembly 35.00 36. Radioactive Material (store or handle - see UFC for amounts 35.00 37. Refrigeration Equipment - Mechanical refrigera- tion (see UFC for most common refrigerants) 35.00 38. Spraying or dipping 35.00 n PERMIT FEE SCHEDULE - continued 39. Tank Vehicles for Transportation of Flammable and Combustible Liquids 35.00 40. Tents and Air- Supported Structures - excess of 200 sq ft 35.00 41. Tire Re- capping 35.00 *42. Underground Storage Tanks A) Facility Inspection /administration fee 1 tank 175.00 B) Additional Tank Fee 10.00 C) Transfer Fee (owner) 15.00 D) Plan -Check Fee (new facility) 40.00 E) Site Inspection /test fee (new facilities - per visit) 20.00 F) Tank Removal 20.00 G) Monitoring Well Drilling (obtain from County Health. Department) 43. Waste Material Plant 35.00 44. Welding and Cutting Operations - Any Occupancy 35.00 NOTE: Any combination of the above permits shall not exceed $90.00 except for permits requiring apparatus and personnel standby time or permits for underground hazardous material storage. *Items not included on Resolution 5404 (1984 Fee Schedule) )Doldelr �r� RESOLUTION NO.5916(1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE HIGUERA COMMERCE PARK SPECIFIC PLAN TO ALLOW SERVICE = COMMERCIAL USES WHERE HOME IMPROVEMENT USES ARE ALLOWED (SP 1241) WHEREAS, the Planning Commission and City Council have held hearings to consider amendment the Higuera Commerce Park Specific Plan in compliance with the Government Code; and WHEREAS, the amendments have been evaluated in accordance with the California Environmental Quality Act and the city's Environmental Impact Procedures and Guidelines,. and the request to eliminate the home improvement complex and to allow service - commercial uses there instead poses no adverse impacts on the environment and has been granted a negative declaration by the Community Development Director; and WHEREAS, the proposed final amendments are consistent with the city's general plan; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The determinations of the Community Development Director concerning environmental documents are hereby affirmed. SECTION 2. The Higuera Commerce Park Specific Plan is hereby amended as shown on the attached Exhibit "A ". On motion of Councilman Settle;econded by Councilwoman Rappa and on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None R 5916 c Resolution No. 5916 (1986 Series) Page 2 the foregoing resolution was passed and adopted this 4th day of March 1986. +' Magi Ron Dunin ATTEST: Clerk Pamela (Noges APPROVED: S City Administrative Officer City At, U ney —� Community Development Director e b O �l !",;11T 'Al) HOME IMPROVEMENT COMPLEX SERVICE COMMERCIAL F ...SPECIAL INDUSTRIAL HIGUERA MTERCE PARK SPECIFIC PLAN SPECIFIC LAND USE LAND USE Zoning Regulations This specific plan supersedes the provisions of the Zoning Regulations. If the specific plan does not contain a particular type of standard, the conventional zoning standards shall apply. Specific Plan Land Use Proposals The specific plan is consistent with the general plan and the in of the C -S and M zones. But, through the SP overlay zone, the specific plan provides more detailed definition of land "uses, property development, design and performance standards particularly suited to this site. Land Use Categories The land use map shows the total planning area divided into three sub — areas: the home improvement complex; the service— commercial district; and the special industrial area (see Specific Land Use Plan). Land uses which should be developed within each of these areas are listed on the following pages. Allowed Uses A wide range of uses are allowed - -.no city review of new, uses is required — within each of the sub — areas. Conditional Uses are those which generally meet the intent of each of the plan's sub -areas but which may be incompatible with allowed uses. Different locations or special conditions may be desired. Administrative use permit procedures of the Zoning Regulations shall apply to all conditional uses listed in this specific plan. Prohibited uses are those considered inappropriate within this development, primarily due to the area's classification as an "approach and climb —out extension area" within the San Luis Obispo Airport Land Use Plan. Certain uses are considered incompatible with airport operations and are thus explicitly prohibited by this plan: churches, clubs and lodges; gasoline service stations; outdoor theatres, athletic fields or grounds involving assembly; radio or television antennae and transmitters; residential uses (except caretaker's quarters); schools, hospitals or other institutions. Utility company offices and regional administrative offices are also prohibited. The Home Improvement Complex b —area of the specific plan provides for the cluste ui ing �pp,,GG material supply ou 11 s a public and the .ti✓� professional build ocated at uera Street CIA inter n to cake advantage of good customer access and to comp er 1N� ercial uses along this section of Higuera Street. r, ignating this six –acre sub –area as a home improvement_ c�le�he specific plan a supply outlets th a eastern portions of tie cons' ppropriate for this area are listed below: Uses: and concrete sales; paint and shops; ornamental services; tool and supply sales an Retail building materials sales, includin s and similar construction su unf wallpaper lumb' ectrical, sheet iron or blac shop-, or floor equ' rental or sales; plant nu nted material d uses k inished furnitur metal or glass covering sales ant nd landscape rvices; outdoor furniture, swimming pool, sp�aauna. hot tub, fen other residential accessories sales and services, a ',nces, radio and television sales and services; millwork and shops. inc lu . cabinet 't`v y Tonal Uses. Carpet and rug cleani g;_€urntfUre upholstery shops; antique and seco nd_s.gles _wi a wilding); neighborhood cafe or restaurant (with an 106--a-eat-s).;-commercial–recreation to include bowl ing,_skat ink, miniature golf and similai--uses–tu_t; excluding entertainment azes uch as theatres. _ The Service - Commercial District The service – commercial district provides for most uses allowed or conditionally allowed by the .0 –S (service – commercial) zone. Most of these uses will be conducted within a building with .related storage yards adequately landscaped and screened from prominent street views. Uses in this sub –area shall be allowed or conditionally allowed, as provided in the Zoning Regulations, C -S zone; exception: those uses listed previously in this specific plan as prohibited uses shall not be. allowed. Special Industrial District The southern 30 acres of the specific plan area are designated "special industrial." This sub –area is intended to accommodate primarily clean, light industries -- such as reserch and development, laboratories, precision manufacturing — which require substantial space as well as city services, and which will draw most of their employees from the local labor market. Allowed Uses: Laboratories and other technical facilities for research, testing and processing; electronic, optical, pharmaceutical and other precision products, parts, instruments or equipment, or similar manufacturing; public utility, construction engineering, soils testing and similar design, engineering, and testing facilities; printing and publishing firms, accessory offices, machine shops, cafeterias, recreation rooms and similar incidental uses or support facilities serving the employees of allowed uses.; agricultural uses including cultivation of field, vine or tree crops, pasture or grazing, and other outdoor agricultural activities. Conditional Uses: Any other large – scale, light – industrial use allowed or conditionally allowed in the M zone, operated predominantly within a building and having physical appearance and functional characteristics similar to the 5 t ti -• • C� �y �f fir Lce,r G6.s�o l/e rK .(�OX pieh �k •f D6 -sue � lft y' jyo3 DOC. NO. 253 77 OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL MAY 2 = FRANCIS M. GOONEY County Clerk Recorder TIME.4 : 00 PM RESOLUTION NO.5915 (1986 Series 354. IOC. NO. OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL MAR 10 X86 FRANCIS M. COONEY County Clerk Record TIME 4:_ 55 P9 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT A PORTION OF NIPOMO STREET (FORMERLY VILLA STREET) BETWEEN BRIZZOLARA AND PEACH STREETS IS UNNECESSARY FOR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THE ABANDONMENT OF SAME BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on March 4, 1986, pursuant to Division 9, Part 3, Chapter 2, of the California Streets and Highways Code, this Council finds and determines that a portion of Nipomo Street (formerly Villa Street) between Brizzolara and Peach Streets as shown and described on Exhibit A, attached hereto and incorporated herein, is not necessary for present or prospective public street purposes. SECTION 2. This Council hereby orders the abandonment of said portions of Nipomo Street subject to reservation of easements for public utilities within the entire abandonment area and drainage purposes within Stenner Creek, including but not limited to: Reserving to Pacific Gas and Electric Company the right from time to time to install, maintain, repair, operate, replace, remove, and renew lines of pipes, wires, poles, and other structures, equipment and fixtures both above and underground for the operation of said facilities in said street. SECTION 3• The City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City to be recorded in the Office of the Recorder of the County of San Luis Obispo. On motion of Councilman Settle , seconded by Councilwoman Dovey and on the following roll vote: AYES: Councilmembers Settle, Dovey,Criffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th ��dryryay of March, 1956. dOl28CJ�PAGEBg.A. R 5915 This document is being re- recorded t c 'r'reo;`i{ "error in the legal description - Exhibit A, Sheet '2 f,' if" Cleak: Date 1. YOl 2Sr�p ©© A rr�� 2R PAGE �.S Resolution No. 5915 (1986 Series) Page Two. MAY RON DUNIN ATTEST: QrITY CIERK PAMELA OGES APPROVED: Q 5 City Administrative bfficdr City AI#orney Community Development Director City ineer jk2 /nip -aban by VOl 2X08 PAGE 888 VM %RAParAR4 �ti tip. J ,e,ms jQ TFcx 5 �'bo o� f"T(ON or rqf roMo TO = AX ,I%NooN C7 a 15. bR IZZOC:AIA'.4 ADDITION MD A r 4-6 (FuTURC7 TFAcT f260) W=zT Z51 or- L. >::f: 16oT74M 1� F <� 1 F V 4�� I of` 2 City of., j � �I lt'oMo 5T. AL?IVJtY��1M MT . san Luis oBispo� Department of Community Development 5T M Palm Strsat/Post Offlas Box 321, San Luis Qbtspo, CA QU06 .......... VOL 2 $28 PAGi 465 LEGAL DESCRIPTION NIPOMO STREET ABANDONMENT BETWEEN BRIZZOLARA AND PEACH ST That portion of Nipomo Street (formerly Villa St et) as shown on the map of the B. Brizzolara's Addition to San Luis Ob' po, surveyed by Harris and Lakin in March 1873, as recorded in Book A Maps, page 45, lying southerly of the following described line: Beginning at the northwest corner lot 11 of said Brizzolara Addition; thence South 69° 31' West along the southerly line of Nipomo Street, a distance of 0.29 feet to a point, said point being the TRUE POINT OF BEGINNING thence North 880 24' 28" West a distance of 74.69 feet, a or less, to the centerline of Stenner Creek. RESERVING THEREFROM, elements for pkP6lic (within Stenner Cree END OF OOCU "q- lities and drainage purposes EXHIBIT "A" Sheet 2 of 2 ,Vol 2808 PAGE X90 voi 282SKU 466 IF LEGAL DESCRIPTION NIPOMO STREET ABANDONMENT BETWEEN BRIZZOLARA AND PEACH STREETS That portion of Nipomo Street (formerly Villa Street) as shown on the map of the B..Brizzolara's Addition to San Luis Obispo, surveyed by Farris and Lakin in March 1873, as recorded in Book A of Maps, page 45, lying southerly of the following described line: Beginning at the northwest corner of lot 11 of said Brizzolara Addition; thence South 690 31' 52" East along the southerly line of Nipomo Street, a distance of 130.29 feet to a point, said point being the TRUE POINT OF BEGINNING; thence South 880 24' 28" East a distance of 74.69.feet, more or less, to the centerline of Stenner Creek. RESERVING THEREFROM, easements for public utilities and drainage purposes (within Stenner Creek). END OF DOCUMENT EXHIBIT "A" Sheet 2 of 2 VOL 2828 PAGE 467 RESOLUTION NO. 5914 (1986 Series) (J A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1362_ LOCATED AT 3563 SUELDO STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findino. That this council, after consideration of the tentative map of Tract 1362 and the Planning Commission's recommendations, staff recommendations and reports thereon, makes the following findings: 1, The design of the subdivision and proposed improvements are consistent with the general plan and Higuera Commerce Park Specific Plan.. 2. The site is physically suited for. the type and density of development allowed in a C -S -SP zone. 3. The design of the subdivision and the proposed improvements are not likely to cause serious health problems, substantial environm_ ental damage or substantially and unavoidably injure fish or wildlife or their habitat. 4. The design of the subdivision or the type of improvement will not conflict with easement for access through (or use of property within) the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision will not have a significant effect on the environment and has granted a negative declaration. Section 2. Conditions. That the approval of the tentative map for Tract 1362 be subject to the following conditions: 1. Subdivider shall provide individual water services for each unit. Meters shall be clustered at the back of the sidewalk at property frontage to the approval of the City Engineer. 2. Subdivider shall provide individual gas and electrical services and metering for each unit to the approval of affected public utility agencies and the City Engineer. 3. Final map shall note a blanket easement over the common lot area, except under the structures, for underground public utilities serving the site, to the approval of the City Engineer and affected utility companies. 4. Conditions, covenants, and restrictions (CC &R'S) for the tract shall contain the following provisions: A. Property owners association shall be created to enforce the CC &R's and provide for professional, perpetual maintenance for common areas including but not limited to driveway, parking lot, landscaping, utilities, and building exteriors. R 5914 Resolution No5914 (1986 Series) -Tract 1362 Page 2 B. Grant to the City of San Luis Obispo the right to maintain common areas if the property owners association fails to do so and to assess said association for expenses incurred. C. All parking spaces provided in the project shall be available for use by all of the individual owners. On motion of Councilman Settle seconded by Councilwoman Rappaand on the following roll call vote: AYES: Councilmembers Settle, Rappa, Dovey, Griffin and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 4th day of March 1986. May Ron Dunin APPROVED: G+L—f-rV,7S City Administrativ8 Offic City Att t#cy Community Development Director /Ross ,;Mnv A418.00 F hw)c0 RESOLUTION #5913 NOT USED n RESOLUTION NO. 5912 (1986 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO TRANSFER FUNDS FROM PARK IN -LIEU RESERVE TO CAPITAL IMPROVEMENT PROJECTS FOR CONSTRUCTION OF PARKING LOT AND LANDSCAPE IMPROVEMENTS AT SINSHEIMER PARK. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That $70,000 be transferred from Parks In -Lieu Reserve to Capital Improvement Projects fund. SECTION 2. That $70,000 be added to Capital Improvement Project: Parking lot and improvements at Sinsheimer Pool; Budget Line item: 921 - 6057 - 007 -119 SECTION 3. The City Clerk will furnish a fully executed copy of this Resolution to: Director of Finance and the Director of Parks and Recreation. On motion of Councilman Settle , seconded by Councilwoman Dovey , and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing resolution was passed and adopted this 4th day of March 1986. ws • Ron D in, Mayor ATTES� Pamela Voges, City Inerk R 5912 APPROVED: L9 City Administrati a Offi er City Att ney Dirkctbrry of /Finance I Dire for of Recreation & Parks rIf e�om 1 - RESOLUTION NO. 5911 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP OF TRACT 1229 (Unit II) (SANTA LUCIA HILLS, SUBDIVIDER) WHEREAS, the Council made certain findings concerning Tract 1229 as contained in Resolution No. 5663 (1985 Series), and WHEREAS, a Faithful Performance irrevocable letter of credit in the amount of $117,000.00 to guarantee installation of subdivision improvements, and a Labor and Materials irrevocable letter of credit in the amount of $58,500.00 are on file. NOW THEREFORE BE IT RESOLVED, this Council hereby grants approval of the final map of.Tract 1229 Unit II and authorizes the Mayor to execute the agreement. On motion of Councilman Settle seconded by Councilwoman Dovey and on the following roll call vote: AYES: Councilmembers Settle, Dovey, Rappa and Mayor Dunin NOES: None ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 4th day of March 1986. i% CITY CLERK PAMELAIVOGES s. M 7RON DUNIN f R 5911 r� Resolution No. 5911 (1986 Series) Page Two. APPROVED: 4 -Q 45. City Administrative Offi er City At o ney Community Development Director City Engineer jk2 /t1229finl by A G R E E M E N T THIS AGREEMENT dated this 4th day of March,. 1986, by and between SANTA LUCIA HILLS, INC., a California Corporation, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." WITNESSETH: REFERENCE IS HEREBY MADE to that certain proposed subdivision of that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, description of which is shown on final map of Tract 1229 (Unit 2), City of San Luis Obispo, California, as approved by the City Council, on the day of 19 WHEREAS,the Subdivider desires that said Tract 1229 (Unit 2) be accepted and approved as a final map pursuant to the Subdivision Regulations and Ordinances of the City of San Luis Obispo, and WHEREAS, it is a condition of said regulations and ordinances that the Subdivider agree to install the improvements as set forth on the plans therefore. NOW THEREFORE, in consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision ordinances and 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: 0 381. 021 4 • 21105.9RuR \ i 1. CURBS, 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. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map., and that the work shall be completed within twelve (12) months of said recording date, unless an extension has been granted by the City Council, 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 2 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 Council. The Subdivider does also agree to comply with the following conditions established by the Planning Commission and /or the City Council. The Subdivider shall pay water acreage fees of $4,466.00 (3.85 AC x P� $1160/AC). L` 2. The Subdivider shall pay Rockview -Tank Farm lift station fees of $1,519.38 (3 x 3.85 AC x $131.5479/gpm). �' Cf 3• The Subdivider shall pay a park -in -lieu fee of $13,620.60. This will be L,,r,O`refunded when the developer later dedicates a park that is accepted by the City as per Condition 33 of Resolution No. 4963 (1982 Series). 4. The Subdivider shall be responsible for landscaping the linear park, and Tank Farm Road parkway, according to the conditions of the approval, plans and Edna -Islay Specific Plan and shall be responsible for maintenance for one year after acceptance of work as complete, or until taken over by the Homeowner's Association in the case of the retention basin and linear park. As'to public lands or section property included within said Subdivision, if any, for the restoration of lost section corners and for retracement of section lines, the method followed shall be in accord with the instructions set forth in the "Manual of Instructions" for Survey of Public Lands of the United States, published by the Commissioner of General Land Office, Department of Interior, Washington, D.C. 3 The Subdivider hereby attaches hereto, and as an integral part hereof, and as security for the performance of this agreement, (instrument of credit /bond) approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement, which said (instrument of credit /bond) is in the amount of $117,000.00 and which is in 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 against any defective work or labor done, or defective materials furnished, in the performance of this agreement. Completion of the work shall be deemed to have occurred on the date as of which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, then in that event, the Subdivider agrees that City may, at its option, declare the bond, instrument of credit, or cash deposit, which has 4 \0 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 agrees to deposit with the City a labor and material bond in the amount of 50% of the above described subdivision improvements in accordance with State law. / Said Subdivider has deposited with the City the sum of $3,500.00, from I:7 4 which deposit the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements and certify that they have been completed in accordance with the plans and specifications. Any unexpended monies will be returned to the Subdivider. In the event the inspection fees exceed the sum of $3,500.00, the difference is to be paid by the Subdivider: The City reserves the sole discretion in determining the amounts to be paid for salary and expenses of said inspector or inspectors. 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 Parties hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. 5 It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO e MAYO RON DUNIN CIT3 CLERK PAMELA Approved as to form: City At, • rney ' JK1 /Agr -Form SUBDIVIDER BY: SANTA LUCIA HILLS California.Corporation Charles Framzh, President r r r r* r r 3 , Sec &tart' Cit3 ngineer JK1 /Agr -Form SUBDIVIDER BY: SANTA LUCIA HILLS California.Corporation Charles Framzh, President r r r r* r r 3 , Sec &tart' C�l RESOLUTION NO. 5910 (1986 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING SPECIFIC HERITAGE TREES WHEREAS, the City Council has approved a Heritage Tree program for the City of San Luis Obispo; and WHEREAS, a budget item was approved for the 1985 -86 budget, and WHEREAS, the Tree Committee and staff has identified, reviewed and approved the following trees as Heritage Trees NOW, THEREFORE, BE IT RESOLVED as follows: SECTION 1. The City Council does hereby adopt the following as Heritage Trees: 1. Torrey Pine (Pinus Torreyana), 1185 Foothill Blvd. 2. Coast Redwood (Sequoia sempervirens), 1303 Higuera Street 3. Cajeput Tree (Melaleuca leucadendron), 955 Pepper Street 4. Floss Silk Tree (Chorisia speciosa), 941 Chorro Street 5. Two (2) Victorian Box (Pittosporum undulatum), 696 Monterey Street 7. Saucer Magnolia (Magnolia soulangeana), 536 Marsh Street 8. Japanese Maple (Ater palmatum), 536 Marsh Street On motion of Councilwoman Dovey seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of February, 1986. MA7 RON DUNIN ** R 5910 Resolution No. 5910 (1986 Series) APPRO City Adminisz trdtiv FOffick — City Attot y Director of Public Works heritage/pr �J ���� :, �.:. :. . ,. �, RESOLUTION NO. 5909 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A NEGATIVE DECLARATION FOR WIDENING MADONNA ROAD BETWEEN THE POST OFFICE•AND SAN LUIS CREEK (ER 63 -85) WHEREAS, the Council of the City of San Luis Obispo considered the Community Development Director's decision to approve a negative declaration of environmental impact for plans to widen Madonna Road between the Post Office and San Luis Creek, and WHEREAS, the Council considered city and state environmental guidelines, the initial environmental study, staff report and recommendations, and WHEREAS, the Council agrees that the Community Development Director's approval of a negative declaration was the appropriate action; NOW, THEREFORE, the Council resolves to approve the negative declaration with the finding that: The initial environmental study adequately identifies potentially significant impacts and accurately concludes that impacts on the environment, as defined in applicable state regulations, will not be significant. Mitigation has been incorporated into the project to address landscaping and aesthetics identified in the initial study. Mitigation measures include tree planting and landscaping of some_ of the proposed median strips. On motion of Councilwoman Dovey , seconded by Councilman Settle , and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 18th day of February , 1986. R 5909 i Resolution No. 5909 (1986 Series) Page 2. ATTEST:, CITY (LERK PAMELA VOG APPROWLED: eau_n-- a F-rin 5 City Administrative bmcO City I ZL oporney Community Development Director City E neer wap3 /mdrd -er by ® ►. MA RON DUNIN ��s �om� �' `� �r-� RESOLUTION NO. 5908 (1986 Series) A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ESTABLISHING A FEE FOR PROCESSING VESTING TENTATIVE SUBDIVISION MAPS NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to the authority granted by Section 66498.8(b) of the Government Code of the State of California, and by Section 16.34.050A of the Municipal Code of the City of San Luis Obispo, a fee of $100 is established for the filing of an application for vesting a tentative map. This fee shall be paid at the time such application is filed with the Community Development Director, in addition to payment of those fees normally charged for processing of a tentative map. On motion of Councilwoman Dovev , seconded by Councilman Griffin and on the fol lowing roll call vote: AYES: Councilmembers Dovey, Griffin,. Settle, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of February , 1986. Mayo Ron Dunin R 5908 Resolution No. 5908 (1986 Series) Page 2 Approved: eav,e, 0--, Ci y Administrative Off r City Attorne �� Co (unity Development Director y Q5s ������ o� � �� � � �� ��� a tRECCnr DING REQUESTED BY AND MAIL TO 0 .00 Rf NAME u 6. C y 00 RI STREET —a —Ty �a�' .l u.f 06:s��� 9 yo - DOe -N0. OFFICIAL RECORDS SAN LUIS OBISPO CO., CAL MAR S RESOLUTION NO. 5907 ( 1986 Series) FRANCIS M. COONEY CQU.ritY Clerk Recorder TIME 1 A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO 1 2' 50 PM FINDING AND DETERMINING THAT PORTIONS OF GARFIELD STREET (FORMERLY MURRAY STREET) BETWEEN GRAND AND BUENA VISTA AVENUES IS UNNECESSARY FOR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING THE ABANDONMENT OF SAME. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on February 18, 1986, pursuant to Division 9, Part 3, Chapter 2 of the California Streets and Highways Code, this Council finds and determines that the portions of Garfield Street between Grand and Buena Vista Avenues as shown and described on Exhibit A, attached hereto and incorporated herein, is not necessary for present or prospective public street purposes. SECTION 2. This Council hereby orders the abandonment of said portions of Garfield Street subject to reservation of the entire area as easements for public utility and street tree purposes, including but not limited to: 1. Reserving to Pacific Gas and Electric Company the right from time to time to install, maintain, repair, operate, replace, remove, and renew lines of pipes, wires, poles, and other structures, equipment and fixtures both above and underground for the operation of said facilities in said street. 2. Reserving a permanent easement for Southern California Gas Company to permit continued use and operation of their facilities in their present location. SECTION 3. The City Clerk shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City to be recorded in the Office of the Recorder of the County of San Luis Obispo. On motion of .Councilwoman Dovey , seconded by rn11n1-;1man Sart-10 and on the following roll call vote: 5907 VOL 2807ma610 4 Resolution No. 5907 (1986 Series) Page 2. AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of February 1986. ATTEST: y s : ,CIT.Yj' LEIS PAMELA VO 1 OVED, Q City Administrative Officer City Attorn Community Development Director ,� City gineer j k2 /aban-sr by MAY RON DUNIN AL 2807MGE61i WENA BIOTA Avg. C ;3911111111C J..------- '-- .^—= J HEND1 =R5ON AVE p`N I �M1 u+ a rr I I or 7 IS/ I � ' or 1 1 'i: I 10, 1 N 1W I I I I 1 � 1 N a c1I n ¢m N w /u�i , Ln c O p`N I �M1 � j/ to I `/ . I U Iti 1W I I I I 1 � L O�-Sil MLNON" $ GIZANO AVr- u v Q IV 52 �v .I O O 2 M� a c s s L" N \ a ♦ \ Q / f \V ex 1;W \i f � is AEANaDNMENT. \fJ �O. ,45 TYP -ALL STREET CORNER I -� Z Q SALE C" C IEG, t 5t1EET I or—Z I�n�o5T Q �!iiu�w!iy �I umi ni city San US OBISPO ABANDONMENT 990 Palm Street /Post Office Bois 321, San Luis Obispo, CA 934M BETWEEN 4RAND AVF.: AND IVENA VISTA AVE. VOL 2807PAGE612 LEGAL DESCRIPTION OF GARFIELD STREET ABANDONMENTS BETWEEN GRAND AND BUENA VISTA AVENUES that portion of the Murray Street as shown on the map of that portion of the Phillips Addition to the City of San Luis Obispo subdivided for Edwin Goodall in September 1887 as recorded in Book A of Maps at Page 162 in the Office of the San Luis Obispo County Recorder, more particularly described as follows: PARCEL "A" A strip of land 6 feet wide described as follows: Beginning at the southwesterly corner of lot 1 of block 24 of said Phillips Addition, thence easterly along the right -of -way line of said Murray Street (now Garfield Street) 300 feet to a point on the right -of -way line of Graves Street; thence South 450 West a distance of 8.49 feet; thence westerly parallel with the original right -of -way line 288.0 feet; thence North 450 West 8:4.9 feet to the POINT OF BEGINNING of Parcel A. PARCEL "B" A strip of land 6 feet wide described as follows: Beginning at the southwesterly corner of lot 1 of block 35 of said Phillips Addition, thence easterly along the right -of -way line of said Murray Street (now Garfield Street) 300 feet to a point on the right -of -way line of Henderson Avenue,; thence South 450 West 8.49 feet; thence West 188 feet; thence North 450 West 8.49 feet to the POINT OF BEGINNING of Parcel B. PARCEL "C" A strip of land 6 feet wide described as follows: Beginning at the southwesterly corner of lot 1 of block 38 thence East 136.29 feet to the right -of -way line on Buena Vista Avenue; thence South 450 West 8.49 feet; thence westerly parallel to the right -of -way line of Murray Street 124.29 feet; thence North 450 West 8.49 feet to the POINT OF BEGINNING_ PARCEL "D" A strip of land 6 feet wide described as follows: Beginning at the northwesterly corner of lot 6 of block 36 of the said Phillips Addition to the city of San Luis Obispo; thence West 110 feet plus or minus to a point on the right -of -way line of Grand Avenue; thence North 450 East 8.49 feet; thence East 883 feet; thence South 450 East 8.49 feet to a point on the right -of -way line of Garfield Avenue (formerly Murray Street); thence along said right -of -way line West 483 feet to the POINT OF BEGINNING.. END OF DOCUINENT YOL 2807mAU SHEET 2 of 2 EXHIBIT "A RESOLUTION NO. 5906 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING RATES AND A FIXED FORMULA FOR CITY CONTRIBUTIONS ON OVERSIZED WATER AND SEWER LINES AND RESCINDING RESOLUTION NO. 4110 (1980 SERIES). BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Article IX, Section 901 (D) of the City Charter requires the Council to establish a fixed formula for City contributions on oversized water and sewer lines. SECTION 2. The Utilities Engineer has calculated the following typical costs per lineal foot for various sizes of water and sewer lines: Water Sewer 12" line $50.00 $40.00 10" line 46.00 37.00 8" line 42.00 33.00 6" line 38.00 30.00 SECTION 3. If the City requires a developer or subdivider to install oversized water and sewer lines, the City shall contribute an amount based on the following formula: City Contribution = A (B -C) Where: A = lineal feet of line installed B = calculated lineal foot cost of oversized line C = calculated lineal -foot cost of standard line SECTION 4. This Resolution rescinds Resolution No. 4110 (1980 Series). R 5906 Resolution No. 5906 (Series 1986) On motion of Councilwoman Dovey-----_---- y __ seconded b Councilwoman Rappa and on the following roll call vote: •------------------- - - - - -- n g AYES: Councilmembers Dovey, Rappa and Mayor Dunin NOES : Councilman Settle ABSENT: Councilman Griffin the foregoing Resolution was approved and adopted this 18th day of February, 1986. -- --------------------- MAYO RON DUNIN AT EST: CI Y CLERK PA ME A VOGES �� s s s s x s* s APPWQD : City AsiministraAj cer City Atjjorney ance Directo Director of Public Works hfutility pr cl, T: - �. .% � I RESOLUTION NO. 5905 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL PARCEL MAP FOR MINOR SUBDIVISION 84 -267 (Ramesh T. Shah, Subdivider) WHEREAS, City Council made certain findings concerning Minor Subdivision 84 -267 as contained in Resolution No. 5605 (1984 Series), and WHEREAS, Subdivider has.installed all public improvements to city standards and all other conditions per the above resolution, and WHEREAS, the:Public Works Director has accepted the work on behalf of the city, and WHEREAS, Subdivider has posted a warranty bond in the amount of $3,000.00 to guarantee said improvements for one year, and WHEREAS, Subdivider has paid.park -in -lieu fees and water acreage fees in the amounts of $2,666.00 and $730.80, respectively, NOW THEREFORE BE IT RESOLVED that approval is hereby granted for Minor Subdivision 84 -267. On motion of Councilwoman_Dovev , seconded by Councilwoman Rappa , and on the following roll call vote:. AYES: Councilmembers Dovey, Rappa and Mayor Dunin NOES: Councilman Settle ABSENT: Councilman Griffin the foregoing Resolution was approved and adopted this 18th __ day of February.- 1986. R 5905 Resolution No. 5905 (1986 Series) Page 2. ATTEST: 2,j�, CIT CLERK PAMELA V ES APPROVED: , QL City Administrative 0 fic City Atto ey Community Development Director City E ineer jk2 /ms84 -267 by MAY RON DUNIN �A411'6 WOKILS arr��sh shah �. follows: RESOLUTION NO. 5904 (1986 SERIES) A RESOLUTION 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 MID - MANAGEMENT /CONFIDENTIAL EMPLOYEES' ASSOCIATION FOR THE PERIOD JANUARY If 1986 - DECEMBER 311 1987. BE IT RESOLVED by the Council of the City of San Luis Obispo as Section 1. The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Mid - Management /Confidential F2nployees' Association, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. Section 2. The Finance Director shall increase 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: Dennis Cox, President SLOMM/CEA; Ann Crossey, Personnel Director; Roberta Goddard, Finance Director. On motion of Councilwoman Dovey , seconded by Councilwoman Rappa, and on the following roll call vote: AYES: Councilmembers Dovey, Rappa, and Mayor Dunin NOES: Councilman Settle ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 18th day of February, 1986. R 5904 Resolution No. 5904 Ma Ron Dunin ATTEST: I City lerk Pamela Vo s . e.a; e-,,- - - - .. .- City Adminfstfativel off i er City orney -z i ance Director Personnel Director (1986 Series) ����s C�� -l1l'I C� �IrIG�1 Cry �i /� �� ,. �. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 . 22 23 24 25 26 27 28 it ••• • • •r.• a � BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MID—MANAGEMENT/CONFIDENTIAL EMPLOYEES' ASSOCIATION 1986 — 1987 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TABLE OF CONTENTS Article -No. Title. Page No. 1 PARTIES TO AGREEMENT ............................. 1 2 RECOGNITION ...... ............................... 2 3 EMPLOYEE RIGHTS .. ............................... 3 4 REPRESENTATIVE ROLE .............................. 4 5 MANAGEMENT RIGHTS .................. 0.............. 5 6 PEACEFUL PERFORMANCE ..... ........................ 6 7 GRIEVANCE PROCEDURE ............................. 8 8 SALARY ............ ..0............0 ............... 11 9 SALARY SURVEY AGENCIES .......................... 14 10 OVERTIME CONFIDENTIAL EMPLOYEES ................. 15 11 LONGEVITY ......... .......................- ....... 17 12 EDUCATION INCENTIVE ........... ................... 19 13 PAYDAY ............. ............................... 20 14 INSURANCE AND PAYBACK .00.......0........0....... 21 15 RETIREE'S MEDICAL INSURANCE ..................... 23 16 WORK SCHEDULES AND ADMINISTRATIVE LEAVE .......... 24 17 _0000.._.... SICK LEAVE ........ ............................... 25 18 BEREAVEMENT LEAVE .. ............................... 28 19 FAMILY LEAVE ...... ......................... 29 20 VACATION LEAVE ... ............................... 30 21 UNPLANNED VACATION ... ....0.......................... 32 22 WORKERS' COMPENSATION LEAVE ................0000. 33 23 PAYCHECKS PRIOR TO VACATION .................0000 34 24 HOLIDAYS .......... ............................... 35 25 RETIREMENT ....... ............................... 37 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 26 SAFETY PROGRAM ... ............................... 38 27 REQUIRED FOOTWEAR ............................... 39 28 UNIFORMS ........... ..............0................ 40 29 CLASS "I" PHYSICALS ... ............................ 41 30 TEMPORARY ASSIGNMENT ............................ 42 31 WORK OUT- OF -cLASSIFICATION ....:................. 43 32 TRANSFER ......... ............................... 44 33 LAYOFFS .......... .........................0..... 45 34 LIGHT DUTY ASSIGNMENT ........................... 46 35 AUTHORIZED AGENTS .... ................. 47 36 FULL AGREEMENT ... ...........0................... 48 37 SAVINGS CLAUSE ... ............................... 49 38 TERM OF AGREEMENT ...............0............... 50 39 RENEGOTIATION .... ............................... 51 40 SIGNATURES ..... .... ............................... 52 APPENDIX A - CLASSIFICATIONS .................... 53 APPENDIXB - EQUITY ............................. 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 1 PARTIES TO- AGREEMENT This Agreement is made and entered into this 18th day of February 19861 by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Mid- Management /Confidential Employees' Association, hereinafter, Association. Nothing in this Agreement between the parties shall invalidate nor be substituted for any provision in City Resolution No. 3405 unless so stipulated to by provision(s) contained herein and agreed to. -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i T � ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 3405, the City hereby recognizes the San. Luis Obispo Mid - Management/ Confidential Employees' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix A. in the Mid - Management/ Confidential Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of this Agreement. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 y. 1 ARTICLE 3 EMPLOYEE RIGHTS 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. Etmployees 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. -3- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 4 REPRESENTATIVE ROLE Members of any recognized employee organization may, by a reasonable method, select not more than three employee members of such organization and one employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certifi- cation of such selection is provided by an authorized official of the organization) on subjects within the scope of representation during regular duty or work hours without loss of cornpensation or other benefits. The employee organization shall, whenever practicable, submit the names(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official. If employee representatives cannot be released, date of 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. -4- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 5 MANAGEMENT RIGHTS 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 governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of 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 of performing its work. -5- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 • 28 ARTICLE 6 PEACEFUL PERFORMANCE Participation by an employee in a strike or a concerted work stoppage is unlawful and shall terminate the employment relation provided, however, that nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment. a) Employee organizations shall not hinder, delay, or interfere, coerce employees of the City to hinder, delay, or interfere with the peaceful performance of City services by strike, concerted work stoppage, cessation of work, slow -down, sit -down, stay -away, or unlawful picketing. b) In the event that there occurs any strike, concerted work stoppage, or any other form of interference with or limitation of the peaceful performance of City services prohibited by this article, the City, in addition to any other lawful remedies of disciplinary actions, may by action of the Municipal Employee Relations officer cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and withdraw recognition of the employee organization or organizations participating in such actions. c) Employees shall not be locked out or prevented by management officials from performing their assigned duties when such employees are willing and able to perform such duties in the customary manner and at a reasonable level of efficiency, provided there is work to perform. Any decision made under the provisions of the Article may be appealed to the City Council by filing a written Notice of Appeal with the City Clerk, 5M 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accanpanied by a complete statement setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed within ten (10) working days after the affected employee organization first received notice of the decision upon which the canplaint is based, or it will be considered closed and not subject to any other appeal. -7- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 _- 28 ARTICLE 7 GRIEVANCE PROCEDURE 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 other matters as fall within the scope of representation. 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 submit the grievance in writing to the department head 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 response of_the supervisor's immediate superior but-in no event later than thirty (30) calendar days after the occurrence of the event giving rise to the grievance. The department head shall promptly consider the grievance and render a decision in writing within fifteen (15) business days of receiving the written grievance. If the employee accepts the department head's decision, the grievance shall be considered terminated. -8- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. If the employee is dissatisfied with the department head's decision, the employee may submit the grievance in writing to the Personnel Director within seven (7) business days of receiving the department head's decision. The Personnel Director shall confer with the employee and the department head and any other interested parties, and shall conduct such other investigations as may be advisable. D. The results of 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 and reasons if denied shall be in writing and given to the employee within twenty (20) business days of - receiving the Personnel Director's results and findings. Such decision shall be final unless employee desires the Personnel Board to review the decision. If such is the case, the employee will have ten (10) business days following receipt of the City Administrative Officer's decision to submit a written request to the Personnel Board through the Personnel Director for a review of the decision. The Personnel Board within thirty (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 ten (10) business days of the close of such hearing. If an opinion signed by at least 10 n U 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15. 16 17 18 19 20 21 22 23 24 25 26 27 28 three (3) members of the Personnel Board recommends overruling or modifying the City Administrative Officer's decision, the City Administrative Officer shall canply or appeal this recommendation to the City Council. Such appeal shall be filed with the City Clerk within three (3) 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 thirty (30) business days of sukmittal . -10- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 8 SALARY Section A It is agreed for the term of this agreement that the managerial employees shall be placed on an open range salary schedule. The following open -range Managerial Salary Schedule for calendar years 1986 -87 is established. Mid- Management Salary Schedule Salary 1986 1987 Group Job Title Salary Range Salary Range IV Arborist $1,850 - $2,550 $2,050- $2,750 Golf Course Supervisor Building Maintenance Supervisor Utilities Maintenance Supervisor Recreation. Supervisor Maintenance Supervisor Personnel Technician III Supervising Mechanic $2,250 - $2,950 $2,45043,' "1 Senior Recreation Supervisor Administrative Analyst Engineering Field Supervisor Transit Manager Drainage & Project Coordinator II Water Supply & Dist. Supervisor $2,450- $3,150 $2,650 - $3,350 Water Treatment Plant Supervisor Wastewater Treatment Plant Supervisor Chief Accountant Financial Systems Manager Senior Planner I Streets Manager $2,650- $3,350 $2,850- $3,550 Parks & Buildings Manager Supervising Civil Engineer Utilities Engineer Chief Building Official Principal Planner -11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Section -B 1986 Salary Changes for year 1, 1986, shall be as follows: 1. All employees in the unit shall receive a 5% salary increase effective 1 January 1986. 2. All employees in the unit shall receive a 2% salary increase effective 1 July 1986. 3. All employees in positions designated to receive equity increases (appendix b) shall receive such increases as scheduled.. 4. Any employee who would have been eligible for a step increase during 1986 under the former schedule shall remain eligible for said increase during 1986. 5. All educational incentive and longevity incentive pays shall cease effective February 28, 1986. Any.enployee who was receiving such pay shall have the percentage amount paid added to the within range pay effective March 1, 1986. 6. Confidential employees shall receive any equity adjustments received by like positions within the general unit during the term of this agreement at the same time such equity adjustments are granted positions in the general unit. Section C 1987 Salary changes for year 2, 1987, shall be as follow: 1. All employees in the unit shall receive a 5% salary increase effective January 1; 1987. 2. The Executive Secretary, CAO Office, the Legal Secretary, City Attorney's Office, and the Secretary I, Personnel. Office, shall receive a 2% salary increase effective July 1, 19.87. Eligibility for step increases shall continue per 1985 rules. -12- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3. All employees in the Managerial Salary Schedule shall be eligible for salary increases based on performance effective July 1, 1987. 1987 performance increases shall vary from 0 to 6% within the assigned range. it is agreed that on average such increases shall be in the 3-4% range for sustained ccampetent performance. increases above this amount may be recommended to correct equity considerations or to reward sustained outstanding performance. The immediate supervisor and department head shall evaluate the performance of subordinate managers and recommend salary increases, decreases or no change. Such recta mendations shall be reviewed and must be approved by the City Administrative Officer. -13- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 9 SALARY SURVEY AGMIES Agencies to be used for review of salaries shall includes Chico Davis Lompoc Monterey City Napa. Pleasanton Redding Salinas San Clemente Santa Cruz Santa Maria -14- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 10 OVERTIME CONFIDENTIAL EMPLOYEES Section A January 1, 1986 - April 16, 1986 1. The Executive Secretary, the Legal Secretary, and the Secretary I, (Personnel) are eligible for overtime pay computed at one and one half their base rate for all hours ordered by management and worked by the employee in excess of forty hours worked in a work week. Holidays and sick leave will be counted as hours worked for purposes of overtime. Base rate means the salary step the employee is on within the range assigned to the employee's classification. 2. All overtime shall be authorized in writing by the department head prior to being compensated. 3. All overtime shall be paid to the nearest quarter hour worked. 4. Employees eligible for overtime pay may elect to receive CTO at straight time in lieu of overtime pay if approved by the department head. A maximum of forty (40) hours CTO can be accumulated semi - annually. 5. Accumulated CTO not taken within the semi -annual period shall be campensated at straight time at the end of the semi- annual period. Section B April 16, 1986 - December 31, 1987 1. Effective April 16, 1986 the above listed 3 positions shall receive overtime pay at one and one half their regular rate for all hours ordered by management and worked in a work week. Holidays and sick leave will be counted as hours worked for purposes of overtime. Regular rate means the overtime base rate per FLSA guidelines. -15- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2. Employees eligible for overtime pay may elect compensation .in the form of time off, CrO, at the rate of one and one half hours for each hour worked provided the following conditions are met. a) An employee shall be compensated in CTO only if the department head approves such compensation. b) An employee may not be compensated in CTO for more than sixty hours of earned overtime in a calendar year. c) Accumulated CTO not taken within the calendar year shall be compensated in cash at straight time during December. -16- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 11 LONGEVITY A. Each employee shall be paid an additional one percent (1 %) of his/her base salary step following ten years of continuous full -time service with the City. An additional one percent (1 %) of base salary will be added for each subsequent five year period, calculated to the nearest one dollar ($1.00). B. In the event an employee receiving longevity pay is not performing up to the established standards set for the job, the department head with the concurrence of the City Administrative Officer, may suspend payment of the longevity pay until such time as the employee's work . performance canes up to the standard level, in the opinion of the department head and concurred in by the City Administrative Officer. C. The department head shall notify the employee in writing that he intends to suspend the longevity pay unless the employee's job performance improves significantly within a 60-day period. If the employee's job performance does not improve to the desired level by the end of 60 days,_ the pay reduction shall then became effective. Longevity pay may be reinstated at any time upon recommendation of the department head. If the department head deens.it necessary to again remove longevity pay during the same fiscal year, he may make the change at any time with three business days written notice. D. Effective 1 January 1983 no employees will became eligible for longevity pay and employees then receiving longevity pay shall receive no increases in longevity pay based on additional service with the City. -17- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 E. Effective 1 March 1986 any employees in the Managerial Salary Schedule receiving longevity pay shall have such cmpensation added to their regular pay rate within the salary schedule. -18- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 12 EDUCATION INCENTIVE A. No new employees will become eligible for education incentive pay and employees currently receiving education incentive pay shall receive no increases in education incentive pay based on additional education received; except that, employees who, in the opinion of the department head, have been working toward a degree which will make them eligible for education incentive pay and will complete such work by 31 December 1982, shall be eligible for education incentive. B. Effective 1 March 1986 any employees in the Managerial Salary Schedule receiving education pay shall have such compensation added to their regular pay rate within the salary schedule. -19- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 13 PAYDAY A. Paychecks will be disbursed on the 7th and 22nd of each month. If the 7th or 22nd fall on a weekend or holiday, payment shall be made the preceding business day. This disbursement schedule is predicated upon normal working conditions and is subject to adjust4nent for cause beyond the City's control. B. It is agreed that the City may switch to a bi- weekly payroll schedule. -20- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 14 INSURANCE AND PAYBACK A. INSURANCE 1/86 Commencing January 1986, the City agrees to continue to contribute to a maximum of two hundred and twenty five dollars ($225.00) per month for medical, dental, vision and life insurance for each regular, full time employee covered by this agreement. B. INSURANCE 12/86 Effective December 1986, the City agrees to contribute to a maximum of two hundred and thirty five dollars ($235.00) per month for medical, dental, vision and life insurance for each regular, full time employee covered by this unit. C. INSURANCE COVERAGE Each employee shall be covered by the medical, dental, vision and life insurance. If an employee selects dependent coverage, they shall have dependent coverage for each insurance plan that provides dependent coverage. If during an enrollment period an employee selects dependent coverage,.such coverage shall apply to all eligible dependents and shall ruin in effect at least twelve (12) months or as provided by the applicable insurance contract. The City will provide a minimum of thirty days notice of any medical plan rate increase during the contract period. D. PAYBACK City shall pay to each full -time, regular employee, as soon as practicable prior to 31 December, an annual lump sum payment for the difference between the City's actual annual insurance contribution and the amount used by the employee for insurance coverage, less the unit average salary related payroll cost applicable to the difference. -21- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27' 28 Such unit average salary related costs shall be determined by the City. E. MEDICAL PLAN REVIEW COMMITTEE The Mid- Management /Confidential. Unit shall have one member appointed by the MM/C anployees Association serve on the Medical Plan Review Committee. The purpose of the Committee shall be to determine and recommend appropriate plan revisions and cost containment measures. Recommendations of that committee regarding changes to the current medical insurance policy terms and coverages may be implemented during the term of this agreement subject to meet and confer requirements. Both parties agree to meet and confer in good faith if plan changes are recommended for implementation. F. LIFE INSURANCE - LTD PLAN Mid - Management and Confidential employees shall receive $25,000 term life insurance coverage and a long -term disability insurance plan for recognition of their management responsibilities. -22- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r � ARTICLE 15 RETIREE'S MEDICAL INSURANCE Eknployees covered by this Agreement who meet all of the conditions set forth below are eligible to participate in the group medical coverage provided by the City at group rate paid totally by the employee. The qualifying conditions are: 1. The employee must retire from City service, apply for and actually receive retirement benefits through the City's retirement system. 2. The employee must be at least 50 years of age. 3. The employee must have at least ten (10) years of service with the City. 4. The employee may have dependent coverage only for those dependents covered for the last year of employment with the City. 5. All employee and dependent coverage will cease upon the death of the employee or upon the employee reaching age 65. This benefit only applies to employees who retired on or since 1 January 1983. This benefit shall continue beyond 31 December 1987 if, and only if, there is mutual agreement of the parties to continue such benefit. -23- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 16 WORK SCHEDULES AND ADMINISTRATIVE LEAVE A. CONFIDENTIAL EMPLOYEES This article is intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or hours of work per week, or of days of work per week. employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without reasonable prior notice to the employee. Neither callback nor overtime constitute a change in workshift. All references to accrual of vacation, holiday or sick leave in the Agreement shall be interpreted as one (1) day being equivalent to eight (8) hours. B. MID - MANAGEMENT EMPLOYEES The employees in these classifications are part of the management staff of the City and exempt from overtime compensation consideration. It is recognized that their managerial and program responsibilities may require time and effort outside the.norcnal workday and which may result in working beyond a forty hour week. In consideration of these factors the managerial staff shall be afforded sufficient flexibility in managing their work load and time. Also, they shall be granted up to 5 days per year of administrative leave in lieu of overtime compensation with departmental approval. No formal accounting of specific overtime worked shall be required. -24- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r; ARTICLE 17 SICK LEAVE A. Sick leave shall be defined as absence from duty because of illness or off - the -job injury, or exposure to contagious diseases as evidenced by certification from an accepted medical authority. B. Rules governing sick leave: 1. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of twelve (12) days or the shift equivalent per year of continuous service since the benefit date. 2. Sick leave may be used after the completion of the month of service in which it was earned. 3. Sick leave shall.begin with the first day of illness. 4. Department heads shall be responsible to the City Administrative Officer for the uses of sick leave in their departments. 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of five (5) consecutive working days by personnel in his/her department. Such proof may be required for periods less than five (5) consecutive working days,where there exists an indication of abuse. 6. Any employee who is absent because'of sickness or other physical disability shall notify his/her immediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision without having a valid reason will be placed on leave of absence without pay during the unexcused absence and be subject to disciplinary action. -25- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7. Any employee absent for an extended illness or other physical disability may be required by the Personnel Director to have an examination by the City's medical examiner at City expense prior to reinstatement to the City service.. 8. An appointing authority, subject to approval of the Personnel Director, may require any employee to be medically examined where reasonable cause exists to believe that an employee has a medical condition which impairs his/her job effectiveness or may endanger the health, safety or welfare of the employee, other employees, or the public. Employees who are judged to be physically incapable of meeting normal requirements of their positions may be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability. 9. In the event that an employee's sick leave benefits become exhausted due to illness or exposure to a contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of the Personnel Rules. 10. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in the services of the City, or any right of claim to sickness disability benefits after separation from the service of the City. When an employee receives compensation under Worker's Compensation Act of California, such compensation received shall be considered part of the salary to be paid to the employee eligible for such payments as required by state law. The amount paid by the City shall be the difference between the amount received by the employee from the City's compensation insurance coverage and the eligible employee's regular -26- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 rate of pay. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as a result of engaging in employment other than employment by the City for monetary gain or other compensation other than business or activity connected with his/her City employment. 12. Accumulation of sick leave days shall be unlimited. 13. 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 ten years of continuous employment - 10% (2) After twenty years of continuous employment - 15% -27- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE-18 BEREAVEMENT LEAVE 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 section shall not exceed five (5) working days 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. -28- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 19 FAMILY LEAVE An employee may take up to two days per year of sick leave if required to be away fran the job to personally care for a member of his/her immediate family as defined in Article 18, Bereavement Leave. This may be extended to five days per year if the family member is part of the employee's household, and to seven days if a household family member is hospitalized and the employee submits written verification of such hospitalization. -29- 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 20 VACATION LEAVE A. Each incumbent of a 40 hour week line -item position shall accrue vacation leave with pay at the rate of 12 days per year of continuous service since the benefit date for the first five years, 15 days per year upon completion of five years, 18 days per year upon completion of ten years, and 20 days upon completion of twenty years. IInployees 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. B. An incumbent is not eligible to use accrued vacation leave until after the completion of the sixth calendar month of service since the benefit date. C. A regular employee who leaves the City service shall receive payment for any unused vacation leave. D. Vacation schedules must be reviewed by management prior to the scheduled vacation. Vacation schedules will be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. Management 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. E. Any employee who is on approved vacation leave and becomes eligible for sick leave as defined in Section 2.36.420A may have such time credited as sick leave under the following conditions: 1. A physician's statement certifying that illness, injury or exposure to contagious disease has occurred is presented to the -30- 1 2 3 4 5 6 7 8 9 10 1I 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 supervisor upon returning to work. 2. The vacation leave immediately ends and the employee reports to work following the end of sick leave usage. (Ordinance No. 782 - 1978 Series) F. Vacation leave shall be accrued as earned each payroll period up to a maximum of twice the annual rate. Effective January 1, 1987, 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.. -31- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r" ARTICLE 21 UNPLANNED VACATION An employee may use up to two days of vacation annually as personal leave days. It is preferred but not required that a personal leave day be scheduled in advance. If a day is taken which has not been scheduled in advance, the employee must notify his/her supervisor directly, within the first half hour of the work shift. If in the sole judgment of management, the employee's absence would cause a severe disruption of City business, management may require the employee to report to work. In such case, the time lost by the late arrival will be charged against the employee's accumulated vacation or compensatory time off balance. An employee may not use more than two unplanned vacation days per calendar year. -32- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 22 WORKERS! COMPENSATION LEAVE 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 temporary disability absence. Eligibility for workers' compensation leave requires an open workers' c=pensation claim. -33- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 23 PAYCHECKS PRIOR TO VACATION If an employee is taking vacation leave and wishes to receive his/her regular paycheck before payday, the employee must notify the Finance Department in writing at least two weeks prior to the start of vacation, provided the employee has sufficient vacation time coming to cover the pay period. -34- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE .24 HOLIDAYS The following days of each year are designated as paid holidays: January 1 - New Year's Day Third Monday in February - Washington's Birthday Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day November 11 — Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving One -half day before Christmas Day December 25 - Christmas Day One -half day before New Year's Day Two Floating Holidays When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be defined as eight (8) hours of paid time off for regular full -time employees. Floating holiday accrual: (A.) An individual employed on a floating holiday (FH) accrual date shall be credited with a floating holiday. (B.) If there are two (2).floating holidays, the accrual dates are 1 January and 1 July. (C.) If not used in the calender year in which earned, they are lost. It is the responsibility of the employee to make the request to their immediate supervisor for a FH reasonably in advance of the requested day off. -35- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Effective January 1, 1987 the two floating holidays shall be accrued on a monthly basis and added to the vacation accrual. 5111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 25 RETIREMENT SECTION A The City agrees to provide the Public Employees' Retirement System's 2% at age 60 plan to all eligible employees including the amendments permitting conversion of unused sick leave to additional retirement credit and the 1959 survivor's benefit.; and one year final compensation. SECTION B The City agrees to contribute seven (7) percent of an employee's salary on behalf of the employee to PERS. These amounts paid by the City are employee contributions and are paid by the City to satisfy the employee's obligation to contribute seven (7) percent of salary to PERS. An employee has no option to receive the contributed amounts directly instead of having then paid by the City to PERS on behalf of the employee. It is understood and agreed to by the parties that the City "pick up" of the employee's PERS contribution is made in lieu of a wage increase. Therefore, in all comparisons made with other agencies, seven (7) percent of salaries will be added to.the total compensation provided by the City to the employees. It is further understood and agreed to by the parties that payment of the seven (7) percent PERS contribution is made subject to I.R.S. approval of reporting procedures. -37- i C, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 26 SAFETY PROGRAM The City shall continue a compensation program for safety representatives on the basis that each designated safety member shall be canpensated at the rate of $10.00 per month. The description of the duties of a safety ca mittee member shall be designed by the Personnel Director or his/her designee. The intent of the safety representatives is to assist the Personnel Director and the overall safety program in reducing accidents by reporting hazardous conditions. 'SMZ1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27. 28 ARTICLE 27 REQUIRED FOOTWEAR Employees who are required by management and do wear protective footwear for safety reasons shall be reimbursed up to $80.00 for the purchase of such footwear. The City shall reimburse a maximum of once per year for such footwear. -39- C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 J ARTICLE 28 UNIFORMS Employees in the Mid-Management/Confidential Unit. may elect to wear uniforms based on the individual requirements of the positions. Whose who do so shall wear the uniforms or relevant parts thereof of the uniforms selected by the City as official uniforms. Any questions concerning this option should be discussed with the appropriate department head. -40- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i j ARTICLE 29 CLASS "I" PHYSICALS The City will pay for costs for physical exams not covered by city insurance policies required for those employees required by the City to hold valid Class "I" California drivers licenses. -41- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 r ARTICLE 30 TEMPORARY ASSIGNMENT An appointing authority may temporarily assign an employee to a different position for a specific period of time, after which the employee returns to his/her regular duties and position from which he /she was detailed. Such action shall have the prior approval of the Personnel Director. An appointing authority may assign an employee to a different position for a period of time not to exceed six months, provided the employee has received 24 hours written notice which includes reasons for the assignment. -42- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 31 WORK OUT- OF-�CLASSIFICATION For the purposes of this article, an out -of -class assignment is the full - time performance of all the significant duties of an available, funded position in one classification by an individual in a position of another classification. An employee assigned in writing by management to work, out -of -class in a position assigned a higher pay range and is vacant pending an examination or is vacant due to an extended sick or disability leave shall receive no less than five (5) percent, but in no case more than the fifth step of the higher class, nor less than first step of the higher class, in addition to their regular base rate commencing on the eleventh consecutive workday of the out -of -class assignment. -43- C I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I ARTICLE 32 TRANSFER Upon proper notice and concurrence by the City Administrative officer, an employee may be transferred by the appointing authority from one position to another in the same pay range provided he /she possesses the minimum qualifications as determined by the Personnel Director. If the transfer involves a change from one department to another, both department heads must consent thereto unless the City Administrative Officer orders the transfer for purposes of economy and efficiency. The employee shall be given five (5) business days written notice.of the transfer including the reason for the change. -44- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 33 LAYOFFS The Mid-Management /Confidential Association and the City shall, prior to January of 1985, study and revise the layoff procedure for members of this unit. -45- EPA 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 34 LIGiT DUTY ASSIGNMENT If an employee's medical condition temporarily precludes the performance of his /her.nonmal duties and management determines modified work is available and necessary to be performed, he or she may, with medical authorization, be temporarily assigned to such work for a period not to exceed six months. No change in base pay will result unless the duties to be performed are substantially greater or lesser than those normally performed by the employee and the employee's current pay rate is not within the pay range for the temporarily assigned work. In no event shall an employee's current pay rate be reduced more than four (4) range at the same step. -46- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 35 AUTHORIZED AGENTS For the purpose of administering the terms and provisions of the Agreement: A. The Association's principal authorized agent shall be the President (address: 990 Palm Street, San Luis Obispo, California 93403; telephone: (805) 549 - 7220). B. Management's principal authorized agent shall be the Personnel Director or his/her duly authorized representative (address: P.O. Box 8100, San Luis Obispo, California 93403; telephone: (805) 549- 7252). -47- C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 36 FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. The Agreement superseded all previous Memoranda of Under- standing or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly.agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the time.this Agreement was negotiated and signed. In the event any new practice, subject or matter arises during the term of this Agreement and an action is proposed by the City, the Association shall be afforded notice and shall have the right to meet and confer upon request. -48- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 37 SAVINGS CLAUSE If any provision 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 thirty (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. 3405 (1977 Series). -49- I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 ARTICLE 38 TERM OF- AGREEMENT This Agreement shall become effective upon adoption of Council, 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 December 31, 1987. -50- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 39 RENEGOTIATION If the Association desires to negotiate a successor Agreement, then the Association shall serve upon the City, during October of the fiscal year of the Agreement, its written request to begin negotiations as well as its written proposals for such changes. Negotiations shall begin within, but no later than, thirty (30) days from the date of receipt of the notice and proposals by the City. -51- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 40 SIGNATURES 1. Classifications covered by this Agreement and included within this unit are shown in Appendix "A ". 2. Range adjustments included within this unit are shown in Appendix "B ". This Agreement becanes effective 1 January 1986 as witnessed hereto by the following parties. SAN LUIS OBISPO CITY-CF-SAN LUIS OBISPO MID -KMG MM /CDNFIDENTIAL IIKPLOYEFS' ASSOCIATION W� Ann Crossey Dennis Cox Person►el Director Association President Toby Michael Al o Community Development Director Association Vice - President I David iott Ass ation Secretary /Treasurer -52- '1 I APPENDIX A 2 CLASSIFICATIONS 3 A. MID- MANNGEMENT 4 ARBORIST 5 ADMINISTRATIVE ANALYST 6 BUILDING MAINTENANCE SUPERVISOR 7 CHIEF ACCOUNTANT 8 CHIEF BUILDING OFFICIAL 9 DRAINAGE & PROJECTS COORDINATOR 10 ENGINEERING FIELD SUPERVISOR 11 FINANCIAL SYSTEMS MANAGER 12 GOLF COURSE SUPERVISOR 13 MAINTENANCE SUPERVISOR 14 PARKS & BUILDINGS MANAGER 15 PERSONNEL TECHNICIAN 16 PRINCIPAL PLANNER 17 RECREATION SUPERVISOR 18 SENIOR PLANNER 19 SENIOR RECREATION SUPERVISOR 20 STREETS MANAGER 21 SUPERVISING CIVIL ENGINEER 22 SUPERVISING MECHANIC 23 TRANSIT MANAGER 24 UTILITIES ENGINEER 25 UTILITIES MAINTENANCE SUPERVISOR 26 WASTENATER TREATMENT PLANT SUPERVISOR 27 WATER SUPPLY AND DISTRIBUTION SUPERVISOR . 28 I WATER TREATMENT PLANT SUPERVISOR -53- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 B. CONFIDENTIAL LEGAL SECRE'T'ARY SECRETARY TO THE CITY ADMINISTRATOR (EXECUTIVE SECRETARY) SECRETARY TO THE PERSONNEL DIRECTOR (SECRETARY I) -54- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22. 23 24 25 26 27 28 r APPENDIX B MID- MANAGEME T & CONFIDENTIAL EQUITY MID - MANAGEMENT Arborist Golf Course Supervisor Building Maintenance Supervisor Personnel Technician Chief Accountant Financial Systems Manager Administrative Analyst Utilities Maintenance Supervisor Recreation Supervisor Senior Recreation Supervisor Water Supply & Distribution Supervisor Water Treatment Plant Supervisor Wastewater Treatment Plant Supervisor Supervising Mechanic Engineering Field Supervisor Transit Manager Drainage & Projects Coordinator Principal Planner Utilities Engineer Chief Building Official Supervising Civil Engineer Streets Manager Parks & Buildings Manager Maintenance Supervisor Senior Planner -55- March 86 July 86 .5 2 5 2 5 2 5 2 5 2 5 2 3 2 2 2 3 3 3 2 2 2 2 1 1 1 2 1 1 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27. 28 CONFIDENTIAL Executive Secretary Legal Secretary Secretary I -56- March 86 July 86 5 1 5 follows: RESOLUTION NO. 5903 (1986 SERIES) A RESOLUTION 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 CITY EMPLOYEES' ASSOCIATION FOR THE PERIOD JANUARY 1, 1986 - DECEMBER 310, 1987. BE IT RESOLVED by the Council of the City of San Luis Obispo as Section 1. The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo City Fipployees' Association, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. Section 2. The Finance Director shall increase 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: David Smith, President SLOCEA; Ann Crossey, Personnel Director; Roberta Goddard, Finance Director. On motion of Councilwoman Dovey, seconded by Councilwoman Rappay and on the following roll call vote: AYES: Councilwomen Dovey, -Rappa and Mayor Dunin NOES: Councilman Settle ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 18th day of February, 1986. R 5903 1\ Resolution No. 5903 AWEST Pamela . # 1p Mayo D.n Dunin - eaL4,j-, a -4,ej� .... ...... City Administ tive Offi er Ci y Att ey Aina6 Di ector Personnel Director (1986 Series) 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 yip 1u • . :212 12 i THE CITY OF SAN LUIS OBISPO AND THE SA14 LUIS OBISPO CITY R4PLOYEES' ASSOCIATION 1986 - 1987 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17. 181 1.9 20 21 22 23 24 25 26 27 28 TABLE OF CONTENTS Article Page Number Article Name Number 1 PARTIES TO AGREEMENT ........................ 1 2 RECOGNITION .. ............................... 2 3 TERM OF AGREEMENT ........................... 3 4 RENEGOTIATION ...................... .......... 4 5 SALARY ....... ............................... 5 6 SALARY SURVEY AGENCIES ...................... 10 7 OVERTIME ..... ............................... 11 8 LONGEVITY .... ............................... 13 9 EDUCATION INCENTIVE ......................... 15 10 STANDBY ...... ............................... 16 11 CALLBACK ..... ............................... 17 12 WORK OUT —OF —CLASS ........................... 18 13 TEMPORARY ASSIGNMENT ........................ 19 14 PAYDAY ....... ............................... 20 15 PAYCHECKS PRIOR TO VACATION ................. 21 16 RETIREMENT ... ............................... 22 17 INSURANCE AND PAYBACK ....................... 2.3 18 RETIREE'S MEDICAL INSURANCE ................. 25 19 STATE DISABILITY INSURANCE ..................... 26 20 HOLIDAYS ..... ............................... 29 21 SICK LEAVE' ... ............................... 31 2.2 BEREAVEMENT LEAVE ........................... 35 23 FAMILY LAVE . ............................... 36 24 VACATION LEAVE ............................... 37 25 UidPLANNED VACATION .......................... 39 N u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 2811 26 WOix -&ER'S COMPENSATION LEAVE ................. 40 27 WORK SCHEDULE 41 ............................... 28 STREET CLOSURE 42 .............................. 29 RAIN SCHEDULE 43 ............................... 30 SERIES PROMOTIONAL OPPORTUNITY .............. 44 31 TRANSFER 45 ..... ............................... 32 LAYOFFS 46 ...... ............................... 33 LIGHT DUTY ASSIGNMENT ....................... 47 34 CLASS ''I'' PHYSICALS ......................... 48 35 EMPLOYEE LOUNGE ............................. 49 36 UNIFORM AND UNIFORM ALLOWANCE ............... 50 37 SAFETY PROGRAM .............................. 51 38 REQUIRED FOOTWEAR ........................... 52 39 EMPLOYEE RIGHTS ............................. 53 40 GRIEVANCE PROCEDURE ......................... . 54 41 REPRESENTATIVE ROLE ......................... 57 42 COMMITTEE REPRESENTATION .................... . 58 43 DUES DEDUCTION .............................. . 59 44 COPIES OF AGREEMENT .................. 60 45 MANAGEMENT RIGHTS ........................... 61 46 SMOKING POLICY .......................... .. 62 47 PEACEFUL PERFORMANCE ......__ ................ 73 48 FULL AGREEMENT ............................. 65 49 SAVINGS CLAUSE ...................... ......... 66 50 AUTHORIZED AGENTS ........................... 67 51 SIGNATURES .................................... 68 C J 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 `?7 28 MEMORANDUM OF AGREEMENT between CITY OF SAN LUIS OBISPO and SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION 1986 and 1987 ARTICLE I PARTIES TO AGREEMENT This Agreement is made and entered into thislsth day of February, 1986, by and between the City,of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo City Employees' Association, hereinafter, Association. Nothing in this Agreement between the parties shall invalidate nor be substituted for any provisions in City Resolution No. 3405 unless so stipulated to by provision(s) contained he.re.in and agreed to_ 191 n 1[f 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 281 ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 3405, the City hereby recognizes the San. Luis Obispo City Employees' Association: as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in-Appendix A, in the General Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of the Agreement. 2 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 . 17 18 19 20 21 22 23 24 25 261 `)7 'L8 ARTICLE 3 TERM OF AGREEMENT This Agreement shall become effective upon adoption of Council, 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 December 31, 1987. N 2 3 4 5 G 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 241 251 26 27 28! ARTICLE 4 RENEGOTIATION If the Association desires to negotiate a successor Agreement, then the Association shall serve upon the City, during October of the fiscal year of the Agreement, its written request to begin negotiations as well as its written proposals for such changes. Negotiations shall begin within, but no later than, thirty (30) Jays from the date of receipt of the notice and proposals by the amity. r�, 2 U 4 5 6 r 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 5 SALARY SECTION A Rules Governing Step Changes The following rules shall govern step increases for employees: (1) The first step is the minimum rate and shall normally be the hiring rate for the class. In cases where it is difficult to secure qualified personnel, or if a person of unusual qualifications is hired, the Administrative Officer may authorize hiring at any step. (2) The second step is an incentive adjustment to encourage an employee to improve his /her work. An employee may be advanced to the second step following the completion of six months satisfactory service upon recommendation by his /her department head and the approval of the Personnel Director. (3) The third step represents the middle value of the salary range and is the rate at which a fully qualified, experienced and ordinarily conscientious employee may expect to be paid after a reasonable period of satisfactory service. An employee may be advanced to the third step after completion of six months service at the secon "d step, provided the advancement is recommended by the department head and approved by the Personnel Director. (4) The fourth step is to be awarded only in case of work which is well above average for the class. An employee may be advanced to the fourth step after completion of one year of service at tfie third step provided the k, 0 9 l0 11 12 13 14 15 16 17 isl 19 20 21 22 23 24 2:i 26 2.7 28 advancement is recommended by the department head and approved by the Personnel Director. (5) The fifth step is intended as a reward for performance sustained above satisfactory. An employee may be advanced to the fifth step after completion of two years service (one year for employees who were at fifth step in one classification and then promoted to a lower step in a higher classification) at the fourth step provided the advancement is recommended and justified in writing by the department head and approved by the Personnel Director. (6) The above criteria for step increases apply except where other arrangements are authorized by the Administrative Officer. (7) Employees who are eligible for advancement to Step 4 orc 5 after June 30, 1979 must receive at least a "Competent" rating on their most recent performance evaluation prior to or coincident with their being eligible for advancement by time in grade. (8) In applying the above rules, the next step shall be granted, other conditions having been met, on the following basis: (a) For those having an anniversary date on the 15th of the month or earlier, the increase shall be effective on the first of the month. (b) For those having an anniversary date on the 16th of the month or later, the increase shall. be M effective the first of the following month. 1 (9) Should the employee not be increased, it shall be the 2 privilege of the department head and Administrativf 3 Officer to reconsider such increase at any time durinc, 4 the year. 5 (10) Each department head shall be authorized to reevaluate 6 employees who reach Step 5 in their pay range. An 7 employee who is not performing up to standard for the 8 fifth step shall be notified in writing that the 9 department head intends to reduce him one step unless 10 his job performance improves to an acceptable level by 11 the end of 60 days. Prior to the end of 60 days the 12 department shall again reevaluate the employee and, as 13 part of that reevaluation, shall notify the employee if 14 the pay reduction shall then become effective. The 15 fifth step may be reinstated at any time upon 16 recommendation of the department head. If the 17 department head deems it necessary to again remove the 18 fifth step during the same fiscal year, he may make the 19 change at any time with three busine.ss days written 20 notice. 21 SECTION B "Y" Rating 22 An employee who is not performing up to established job standards 23 may be "Y" rated, freezing his salary until such time as there 24 is an improved job performance. The department head shall give 25 60 days written notice to any employee he intends to "Y" rate, 26 'giving the employee an opportunity to correct any deficiencies. 27 A "Y" rated employee would receive neither step increases nor 28 7 1 2 3 4 b G 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 I 281 Step 4 = 95% of Step 5 Step 3 = 95% of Step 4 salary increases granted by the City Council in an MOU or re.selutior.. The "Y" rating procedure shall not result (then on later) in the employee being frozen be.low the next lower step of the new range. SECTION C Computation of Salary Range Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 957 of the next highest step, computed to the nearest one dollar. Step 4 = 95% of Step 5 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 Step 1 = 95% of Step 2 Each across - the -bcard % salary increase shall -raise step 5 of range 1 by that %. Step 5 of each successive salary range will be 2.63% above step 5 of the next. lower range. After all step 5's of salary ranges have been established, each step 5 shall be I rounded off to the nearest $1.00 and the remaining steps established in accordance with the above formula. SECTION B Salary Provision for the Term of Agreement 1. The parties agreed to a five percent (5 %) salary increase effective 1 January 1986 for all employees covered by this Agreement who are City employees on the day this Agreement is formally approved by the City Council. The pay adjustment required for the period from 1 January 1986, to the implementation date of this Agreement shall be computed at five percent (5%) of the gross earnings of each employee during that time period. ?. The parties agreed to a two percent (27) salary A 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18I 19 20 21 22 23 24 25 26 27 28 increase effective 1 July 1986 for all employees covered by this Agreement. 3. The parties agree to a salary range adjustment effective 1 July 1986 for those classifications as shown in Appendix B. 4. The parties agreed to a four percent (4%) salary increase effective 1 January 1987 for all employees covered by this Agreement. 5. The parties agreed to a two percent (2%) salary increase effective 1 July 1987 for all employees covered by this Agreement. 6. If the 1986 Consumer Price Index, as detailed below, exceeds ten percent (10 %), then the Association has the option of rejecting the increase shown in #5 above and asking that negotiations commence on the single issue of salaries. If the Association exercises such option to open negotiations on salaries, no minimu�:, nor maximum salary increase is assured. To exercise its option to open negotiations on salaries, the Association must submit a written request to the City no later than 6 February 1987. The consumer price index referred to above shall be the 1986 Consumer Price Index for all Urban Consumers., Los Angeles -Long Beach Metropolitan Area, all items, (1967 =100), as published on or about 23 January 1987 by the Bureau of Labor Statistics, U.S. Department of Labor. 0 2 3 a 5 6 8 9 10 12 13 14 15 16 17 18 19 201 21 22 23 24 25 26 27 28 ARTICLE 6 SALARY SURVEY AGENCIES Agencies to be used for review of salaries shall include: City of Arroyo Grande City of Camarillo City of Davis City of Monterey City of Morro, Bay City of Paso Robles City of Poway City of Santa Barbara City of Santa Maria County of San Luis Obispo State of California 10 a 5 6 7 8 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 ARTICLE 7 OVERTIME I. EFFECTIVE UP TO THE EFFECTIVE DATE OF THE FLSA. All employees are eligible for overtime pay computed at one and one -half their base rate for all hours ordered by management and worked by the employee in excess of forty (40) hours worked in a work week. Holidays and sick leave will be courted as hours worked for purposes of overtime, base rate means the salary step the employee is on within the ra.nge assigned to the employee's classification. All overtime shall be authorized in writing by the department ahead prior to being compensated. All overtime shall be paid to the nearest quarter hour worked. Employees eligible for overtime pay may elect to receive CTO at straight time in lieu of overtime pay if approved by the department head. A maximum of forty (40) hours CTO can be accumulated semi - annually. Accumulated CTO not taken wit.hin the semi - annual period shall be (compensated at straight time at the end of the semi - annual period. III EFFECTIVE ON THE EFFECTIVE DATE OF THE FLSA. A. DEFINITION Overtime is defined as all hours ordered by management and worked by the employee in excess of forty (40) hours worked in a work week. Holidays and sick leave will be counted as hours worked for purposes of overtime. 11 2 4 5 6 1 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 26I 27 ,28 All overtime shall be authorized in writing by the department head prior to being compensated. B. COMPENSATION Overtime shall be compensated in cash at one and one half (1 1/2) times the employee's regular rate of pay, or in time off (CTO) at the rate of one and one -half (1 1/2) hours for each hour of overtime worked. All overtime shall be compensated to the nearest five (5) minutes worked. C. COMPENSATORY TIME OFF (CTO) An employee eligible for overtime compensation may elect compensation in the form of time off (CTO). An employee shall be compensated in CTO only if the employee's department head approves such compensation.. An employee may not be compensated in CTO for more than sixty (60) hours of overtime worked in the calendar year. Accumulated CTO not taken within the calendar year, shall be compensated in cash at straight time. Such compensation shall be paid in January of the following year. 12 1 2 3 4 J 6 8 9 10 11 12. 13 14 15 16 17 is 19 20 21 22 23 24 25 26 27 28 ARTICLE 8 LONGEVITY A. Each employee shall be paid an additional one percent (17.) of his base salary step following ten years of continuous full -time service with the City. An additional. one percent (1 %) of base salary will be added for each subsequent five - year period, calculated to the nearest one dollar ($1.00). B. In the event an employee receiving longevity pay is not performing up to the established standards set for the job, the department head with the concurrence of the City Administrative Officer, may suspend payment of the longevity pay until such time as the employee's work performance comes up to the standard level, in the opinion of the department head and with the concurrence of the City Admin. Officer. C. The department head shall notify the employee in writing that he intends to suspend the longevity pay unless the employee's job performance improves significantly within a 60 -day period. If the employee's Job performance does not improve to the desired level by the end of 60 days, the pay reduction shall, then become effective. Longevity pay may be reinstated at any time upon recommendation: of the department head. If the department head deems it necessary to again remove longevity pay during the same fiscal year, he may make the change at any time with three business days written notice. D. Effective 1 January 1983 no employees will become eligible for longevity pay and employees then receiving :Longevity pay shall receive no increases in longevity pay based on 13 8 9 10 11 12 13 14 15 16 ]7 18 19 20 21 22 23 24 25 261 271 28! additional service with the City. 14 ARTICLE 9 1 EDUCATION INCENTIVE 2 No new employees will become eligible for education incentive pay 3 and employees currently receiving education incentive pay shall 4 receive no increases in education incentive pay based on 5 additional education received; except that, employees who, in G the opinion of the department head, have been working toward a 7 degree which will make them eligible for education incentive 8 pay and will complete such work by 31 December 1982, shall be 9 eligible for education incentive. 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 26 27 i 28 15 a 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2.5 26 2.7 28 A. M IM I" ARTICLE 1.0 STANDBY Standby duty is defined as that circumstance which requires an employee so assigned to: Be ready to respond immediately to a call for service; Be readily available at all hours by telephone or other agreed -upon communication equipment; and Refrain from activities which might impair his /her assigned duties upon call. An employee assigned to standby duty by management shall receive fifteen. dollars ($15.00) for each week day, twenty dollars ($20.00) for each weekend day, and thirty dollars ($30.00) for each holiday of such assignment. For a return to work as part of a STAND BY assignment, as defined above, the City will guarantee either two (2) hours' pay in cash at straight time or pay at time and one -half for time actually worked, whichever is greater. The parties agree that employees on standy, as defined above, are "waiting to be engaged." 16 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2.1 22 23 24 25 26 27 281 ARTICLE 11 CALLBACK A. DEFINITION Callback is defined as that circumstance which reouires an employee to unexpectedly return to work after the employee has left work at the end of the employee's wcrkshift or workweek; or Except that, an early call -in of up to two (2) hours prior to the scheduled start of a workshift shall not be considered a callback. B. COMPENSATION For an unexpected return to work, as defined in A above, the City will guarantee either four (4),hours pay in cash at straight time or pay at time and one -half for time actually worked, whichever is greater. If an employee, who was called back and has completed his /her assignment and left work, is again called back to work, he /she will not receive another minimum if the return is within the original minimum. 17 5 G 7 8 n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 12 WORK OUT -OF- CLASSIFICATION A. OUT -OF -CLASS ASSIGNMENT For the purposes of this article, an out -of -class assignment is the full -time performance of all the significant duties of an available, funded position in one classification by an individual in a position on another classification. An employee assigned in writing by management to work out - of -class on a position assigned a higher pay range and is vacant pending an examination or is vacant due to an extended sick leave, shall receive five percent (5 %), but in no case more than the fifth step of the higher class, in addition to their regular base rate commencing on the eleventh consecutive workday on the out -of -class assignment. B. SEASONAL SUPERVISION If, in addition to his his /her regularly assigned employees, a crew leader is responsible for an additional ten (10) or more temporary workers for a period exceeding 10 consecutive work days, such crew leader shall receive additional pay of 5% commencing with the 11th day. If, in addition to his his /her regularly assigned duties, a heavy equipment operator or a maintenance worker II is responsible for ten (10) or more temporary workers for a period exceeding 10 consecutive work days, such employee shall receive additional pay of 5% commencing with the 11th day. i• 2 3 4 5 G 7 s 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 ARTICLE 13 TEMPORARY ASSIGNMENT An appointing authority may temporarily assign an employee to a different position for a specific period of time, after which the employee returns to his /her regular duties and position from which he /she was detailed_ Such action shall have the prior approval of the Personnel Director. An appointing authority may assign an employee to a different position for a period of time not to exceed 90 days, provided the employee has received 24 hours written notice which includes reasons for the assignment. 19 I ARTICLE 14 1 PAYDAY 2 A. Unless and until the City converts to a bi- weekly pay syste®r 3 as provided in Section B below, paychecks will be 4 disbursed on the 7th and 22nd of each month. If the 7th or 5 22nd falls on a weekend or holiday, payment shall be made G the preceding business day. This disbursement schedule is 7 predicated upon normal working conditions and is subject to 8 adjustment for cause beyond the City's control. 9 B. The City, at its option, may convert payroll to a bi- weekly 10 system. Prior to such conversion, the City shall notify the 11 Association of the effective date of such conversion. The I2 Association shall assist the City to provide an orderly 13 conversion to the bi- weekly system. If the regular payday 14 falls on a weekend or holiday, payment shall be made the 15 preceding business day. This disbursement schedule is 16 predicated upon normal working conditions and is subject to i 17 adjustment for cause beyond the City's control. 18 19 20 21 22 23 24 25 26 27 2811 20 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 1_5 PAYCHECKS PRIOR TO VACATION If an employee is taking vacation .Leave an.d wishes to receive his /her regular paycheck before payday, the employee must notify the Finance Department in writing at least two weeks prior to the start of vacation, provided the employee has sufficient vacation time coming to cover the pay period. 21 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 16 RETIREMENT A. The City agrees to provide the Public Employees' Retirement Syste.ms's 2% at age 60 plan to all eligible employees including the amendments permitting corversio.n of unused sick leave to additional retirement credit and the 1959 survivor's benefit; and one year final compensation. B. The City agrees to contribute seven percent (77) of an employee's salary on behalf of the employee to PERS. These amounts paid by the City are employee contributions and are paid by the City to satisfy the employee's obligation to contribute sever. percent (7%) of salary to PERS. Ar_ employee has no option to receive the contributed amounts directly instead of having then, paid by the City to PERS on behalf of the employee. It is understood and agreed to by the parties that the City "pick up" of the employee's PERS contribution is made in lieu of a wage increase. Therefore, in all comparisons made with other agencies, seven percent (77.) of salaries will be added to the total compensation provided by the City to the employees. It is further understood and agreed to by the parties that payment of the seven percent (7 %) PERS contribution is wade subject to L.R.S. approval of reportirg procedures. 22 t 2 .3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 17 INSURANCE AND PAYBACK A. INSURANCE 1. City agrees to continue to contribute to a maximum of two hundred twenty -five dollars ($225.00) per month for inedical, dental and life insurance, for each regular, full -time employee covered by this Agreement. 2. Effective the pay period that contains 15 December 1986, City agree.s to increase its monthly contribution by ten dollars ($10.00) per month to a maximum of two hundred and thirty -five dollars ($235.00) per month for medical, dental and life insurance, for each regular, full -time employee covered by this Agreement. B. INSURANCE COVERAGE Each employee shall be covered by the medical, dental and life insurance. If an employee selects dependent coverage, they shall have dependent coverage for each - insurance plan that provides dependent coverage. If during an enrollment period an employee selects dependent coverage, such coverage shall apply to all eligible dependents and shall remain in effect at least twelve (12) months or as provided by the applicable insurance contract. The City will provide a minimum of thirty days notice of any medical plan rate increase during the contract period. C. PAYBACK City shall pay to each full -time, regular employee, durir.; December, but prior to Christmas, an annual lump sum payment 23 4 5 6 D 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 for the difference between the City's actual annual insurance contribution and the amount actually used by the employee for insurance coverage, less the unit average salary related payroll cost applicable to the difference. Such unit average salary related costs shall be determined by the City. MEDICAL PLAIN REVIEW COMMITTEE The General Unit shall have two members appointed by the SLO Employees Association serve on the Medical Plan Review Committee. The purpose of the Committee shall be to determine and recommend appropriate plan revisions and cost containment measures. Recommendations of that committee regarding changes to the current medical insurance policy terms and coverages may be( implemented during the term of this agreement subject to meet and confer requirements. Both parties agree to meet and confer in good faith if plan changes are recommended for implementation. 24 2 3 4 5 6 8 a 10 12 13 14 15 16 17 18 10 20 21 22 23 24 25 26 27 28 ARTICLE 18 RETIREE'S MEDICAL INSURANCE A. Employees covered by this Agreement who meet all of the conditions set forth below are eligible to participate in the group medical coverage provided by the City at croup rate paid totally by the employee. The qualifying conditions are: The employee must retire from City service, apply for and actually receive retirement benefits through the City's retirement system. The employee must be at least 50 years of age. The employee must have at least ter. (10) years of service with the City. The employee may have dependent coverage only for those dependents covered for the last year of employment with the City. All employee and dependent coverage will cease upon the death, of the employee or upon the employee reaching age 65. B. This benefit only applies to employees who retired on or since 1 January 1983. This benefit shall continue beyond 31 December 1987 if, and only if, there is mutual agreement of the parties to continue such benefit. 25 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 ARTICLE 19 STATE DISABILITY INSURANCE A. COVERAGE All employees shall be covered by State Disability Insurance (SDI). B. COST OF SDI The employee shall pay all costs of the program, which the City shall deduct from employees' paychecks. Current costs are understood to be 9/10 of 1% (.009) of the first $21,900 in annual wages. C. ACCUMULATION OF BENEFITS Time -in- service and other City benefits will only accrue when an employee is on City -paid time. D. COORDINATION OF BENEFITS 1. SDI payments shall be coordinated with accumulated pai44 time so that take home pay will not exceed regular take home pay. Paid time is defined as, vacation, sick leave, CTO, and holidays. 2. The coordination of payments will be administered by the City. The employee must take her /his uncashed SDI benefit check to finance_. a. Determination of the use of paid time for coordination of benefits, shall be made by the City. Employees on disability leave shall be required to use all accumulated paid time prior to using unpaid time. b. Employees who receive SDI benefits, shall receive credit for a portion of the paid leave used to cover their absence. To determine the credit, the amount of 26 2 3 4 5 G 8 9 10 11 12 13 14 15 16. 17 18 19 20 21 22 23 24 25 26 27 28 o their SDI benefit shall be divided by their base hourly rate multiplied by 1.4. The credit shall be prorated if the employee has any non -paid time during the pay period. To receive the credit, the employee must sign. her /his SDI benefit check over to the City. EXAMPLE: Employee uses 80 hours of sick leave. Employee receives $384 from SDI. Employee's hourly rate is $9.67. 1.4 x $9.67 = $13.54 $384 / $13.54 = 28.36 hours. The employee receives a credit of 28.36 hours. E. ACCRUAL OF BENEFITS WHILE ON SDI LEAVE 1. If an employee has no paid time at the beginning of a pay period, the employee shall neither accrue vacaticn or sick leave, nor shall the employee receive her /his regular City health payment benefit. To continue health insurance, the employee will have to pay the entire cost of her /his health coverage for that pay period. 2. If an employee has at least sixteen hours of paid time at the beginning of a pay period, the employee shall receive her /his regular vacation and sick leave accruals. 3.' If an employee has any paid time at the beginning of a pay period, the employee shall receive her /his regular City health payment benefit for that pay period. 27 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 F. ADMINIb °iRATIVE FEE 1. Employees shall pay a fee to the City to cover the costs of the coordination of benefits, and the cost A administrative control /deductions and payme.nt.s. 2. Such fee shall be an assessment of each participating employee in the amount of 1 /10 of 1% (.001) of the first $21,900 in annual wages. This annual wage maximum will be adjusted in accordance with future State adjustments. 3. The administrative fee will be subject to review and revi.sion by all parties during negotiations pursuant to Article 46, RENEGOTIATIONS. G. WITHDRAWAL FROM SDI If this unit chooses to withdraw from SDI after the required two (2) years membership, it must present a majority petition indicating such desire. • b 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2.1 22 23 24 25 26 27 281 ARTICLE 20 HOLIDAYS The following days of each year are designated as paid holidays: January 1 - New Year's Day Third Monday in February - Washington's Birthday Last Monday in.tay - Memorial Day July 4 - Independence Day First Monday in September Labor Day November 11 - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving December 25 - Christmas One -half day before Christmas One -hal.f day before New Year's Day Three Floating Holidays When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be defined as eight (8) hours of paid time off for regular full -time employees. In 1985 at the sole option of the'City, one (1) floating holiday may be converted to Martin Luther icing holiday. Floating holiday accrual: An individual employed on a floating holiday (FH) accrual date shall be credited with a floating holiday. IF there are three (3) floating holidays, the accrual dates are 1 January, 1 May, and 1 September. ("This provision shall be effective 1 January 1984.) If there are tt,,o (2) floating holidays, the accrual dates are l January and 1 Julv. If notl 29 2 3 4 5 G 8 9 10 11 12 13 14 15 161 17 18 19 20 21 22 23 24 25 26 27 29 used in the calendar year in which earned, they are lost. It is the responsibility of the employee to make the request for a reasonably in advance of the requested day off. 30 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19' 20 21 22 23 24 25 26 27 28 ARTICLE 21 SICK LEAVE A. Sick leave shall be defined as absence from duty because of illness or off -the -job injury, or exposure to contagious diseases as evidenced by certification from an accepted medical authority. B. Rules governing sick leave: 1. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of twelve (12) days or the shift equivalent per year of continuous service since the bene.fit date. 2. Sick leave may be used after the completion of the month of service in which it was earned. 3. Sick leave shall begin with the first day of illness. 4. Department heads shall be responsible to the City Administrative Officer for the uses of sick leave in their departments. 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of five (5) consecutive working days by personnel in his /her department. Such proof may be required for periods less than five (5) consecutive working days where there exists an indication of abuse. 6. Any employee who is absent because of sickness or other physical disability shall notify his /her immediate supervisor or.depart.ment head as soon as possible but in any event during the first day of absence. Any 31 1 2 3 4 5 G 7 8 9 10 11 12 13 I4 15 16 17 ]8 19 20 21 22 23 24 25 2G 27 28, employee who fails to comply with this provision without having a valid reason will be placed on lea,, - of absence without pay during the uner.cused absence and be subject to disciplinary action. 7. Any employee absent for an extended illness or other physical disability may be required by the Personnel Director to have an examination by the City's medical examiner at City expense prior to reinstatement to the City service. 8. An appointing authority, subject to approval of the Personnel Director, may require any employee to be medically examined where reasonable cause exists to believe that an employee has a medical condition which impairs his /her job effectiveness or may endanger the health, safety or welfare of the employees, oth'. employees, or the public. Emmployees who are judged to be physically incapable of meeting normal requirements of their positions may be placed in a classification of work for which they are suitable when a vacancy exists, or may be separated for physical disability. 9. In the event that an employee's sick leave benefits become exhausted due to illness or exposure to contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to the provisions of the Personnel Rules. 10. The right to benefits under the sick leave plan shall continue only during the rperiod that the employee is 32 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 28 employed by the City. This plan shall not give any employee the right to be retained in the services of the City, or any right of claim to sickness disability benefits after separation from the service of the City. When an employee receives compensation under the Worker's Compensation Act of California, such compensation re:teived shall be considered part of the salary to be paid to the employee eligible for such payments as required by state law. The amount paid by the City shall be the difference between the amount received by the employee from the City's compensation insurance coverage and the eligible employee's regular rate of pay. 11. Notwithstanding anything contained in this section, no employee shall be entitled to receive any payment or other compensation from the City while absent from duty by reason of injuries or disability received as ai result of engaging in employment other than employment by the City for monetary gain or other compensation other than business or activity connected with his /her City employment. 12. Accumulation of sick leave days shall be unlimited. 13. 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) Leath - 25% 33 �I �v 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 281 (b) Retirement and actual commencement of PERS benefits: (1) After ten years of continuous employment — 10% (2) After twenty years of continuous employment — 15% 34 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 22 BEREAVEMENT LEAVE 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 carne household, provided such leave as defined in this section shall not exceed five (5) working days for each incident. The employee nay be required to submit proof of relative's death before be.i.n.g granted sick leave pay. False information concerning the death or relationship shall be cause for discharge. 35 'I 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 23 FAMILY LEAVE A. An employee may take up to two (2) days of sick leave per d year if required to be away from the job to personally care for a member of his /her immediate family. B. An employee may take up to five (5) days of sick leave per year if the family member is part of the employee's household. C. An employee may take up to seven (7) days of sick leave per year if the family member is pant of the employee's household and is hospitalized. The employee shall submit written, verification of such hospitalization. D. 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 household. E. The amounts shown in A, B, and C above are annual maximums, not maximums per qualifying family member. 36 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 24 VACATION LEAVE A. Each incumbent of a 40 hour a week line -item, position, shall accrue vacation leave with pay at the rate of 12 days per year of cor.tir.uou.s service since the benefit date for the first five years, 15 days per year upon completion of five years, 18 days per year upon completion of ten years, and 20 days 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. B An incumbent is not eligible to use accrued vacation leave until it has been accrued, and approved as provided below. C A regular employee who leaves the City service shall receive payment for any unused vacation leave. D. It is the employee's responsibility to request and use vacation in a manner that neither jeopardizes their vacation balance nor the efficiency of the work unit. Vacation schedules must be reviewed by management prior to the scheduled vacation. Vacation schedules will be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. Management may not deny an employee's vacation request if such denial will result in the loss of vacation accrual by t.h,e employee, except that, management may approve a two- ;month extension of maximum vacation accrual. In no evert shall ;:ore than one such extension be granted in any calendar year. E. Anv employee who is on approved vacation leave and becomes 37 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2.7 28 eligible for sick leave as defined in Section 2708.5A may have such time credited as sick leave under the following conditions: 1. A physician's statement certifying that illness, injury or exposure to contagious disease has occurred is presented to the supervisor upon returning to work. 2. The vacation leave immediately ends and the employee reports to work following the end of sick leave usage. (Ordinance No. 782 — 1978 Series) F. EFFECTIVE THROUGH 31 DECEMBER 1986 Vacation leave shall be accrued as earned each payroll period up to a maximum of twice the annual rate. EFFECTIVE 1 JANUARY 1987 Vacation leave shall be accrued as earned through 31 December up to a maximum of twice the annual rate. 38 2 3 A 5 6 7 8 9 10 11 12 13 I4 15 16 17 18 19 20 21 22 23 24 251 26 27 28 ARTICLE 25 UNPLANNED VACATION An employee may use up to two days of vacation annually as personal leave days. It is preferred but not required that a personal leave day be scheduled in advance. If a day is taken which has not been scheduled in advance, the employee must notify his /her supervisor directly, within the first half hour of the work shift. If in the sole judgment of management, the employee's absence would cause a severe disruption of City business, management may require the employee to report to work. In such case, the time lost by the late arrival will be charged against the employee's accumulated vacation or compensatory time off balance. An employee may not use more than two unplanned vacation days per calendar year. This benefit shall only be in effect during the term of this agreement and shall terminate effective 31 December of the last year of the term of this agreement. 39 2 3 4 5 6 8 9 10 11 12 13 14' 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 26 WORKERS' COMPENSATION LEAVE Any employee who is absent from duty because of on -the -job injul 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 temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. 40 ARTICLE 27 1 WORK SCia EDULE 2 This article is intended to define the normal hours of work and 3 shall not be construed as a guarantee of hours of work per day or 4 hours of work per week, or of days of work per week. 5 Employees shall be scheduled to work on regular workshifts having G regular starting and quitting times. Except for emergencies, 7 employees' workshifts shall not be changed without reasonable 8 prior notice to the employee. Neither callback nor overtime 9 constitute a change in workshift. All references to accrual of 10 vacation., holiday or sick leave in the Agreement shall be 11 inte.rpreted as one (1) day being equivalent to eight (8) hours. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 1 2S 41 Y 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 271 28 A. Q Article 28 Street Closure At City option, a regular,, full -time employee may have his /her shift extended to perform thursday evening street closure. 1. For purposes of this article, street closure means setting up, taking down., a.nd storing, barricades and other devices used to control traffic. 2. At City option, employees assigned to street closure may be assigned duties in addition to street closure. A regular, full -time employee whose shift is extended to perform thursday evening street closure, as defined above, shall have his /her work day extended a minimum of four and one -half (4 1/2) work hours, with an additional one (1) hour unpaid meal period. The work hours shall be overtime and shall be compensated as provided in Article 7, Overtime. 42 C C 1 2 3 4 5 G. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 251 261 I 271 1 28 ARTICLE 29 RAIN SCHEDULE Employee's at the City Wastewater Treatment Plant, who are subject to short notice shift charges to operate the plant during rains, shall receive an allowance of $200 per year payable in $50 /month installments during the months of January, February, March and December, provided said employees were in a full working employment status during the months specified. (This provision shall be effective January 1, 1984) 43 I 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 24 ARTICLE 30 SERIES PROMOTIONAL OPPORTUNITY A. Employees in classifications which are part of a series C (levels of related classifications), shall have the opportunity to advance within the series to the hinhest working class. Such advancement shall be based on their attainment a.nd demonstrated performance of, the required skills, knowledges, ablilities and /or required certification, and the recommendation of the department head. B. Employees who meet the minimum requirements for the next level position will be given an opportunity during each calendar year to be approved for advancement. C. Specific guidelines shall be developed, updated as necessary, and available in the respective departments and,^ the Personnel Department, outlining the prerequisite knowledges, ski.11.s, and abilities that must be met as a condition of advancement. D. The non — competitive promotion action shall be treated as any other promotion as outlined in the Personnel Rules and Regulations. 44 1 2 3 4 5 G 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 221 23 24 25 26 27 28 ARTICLE 31 TRANSFER Upon proper notice and concurrence by the City Administrative Officer, an employee may be transferred by the appointing authority from one position to another in the same pay range provided he /she possesses the minimum qualifications as determined by the Personnel Director. If the transfer involves a change from one department to another, both department heads must consent thereto unless the City Administrative Officer orders the transfer for purposes of economy and efficiency. The employee shall be giver. five (5) business days' written notice. of the transfer including the reason for the charge. 45 2 3 d 5 6 7 8 9 10 11 12 13 14 15 16' 17 18 19 20 21 22 23 24 25 261 27 I 28 c. ARTICLE 32 A. In the event of a layoff, employees who have been promotru during their service with the City may bump back one classification in their career series to a position, they formerly held, if there is an employee in the lower classification with less seniority than the employee who wants to bump. A career series would be Utility Maintenance Leader and Utility Maintenance Worker II. B. Employees on layoff shall be offered re- employment in the inverse order of layoff, provided no intervening factors have occurred which essentially change the ability of the employee to perform the offered employment. Employees recalled to work shall return to work at the time specified by the City. The City shall give the employ reasonable advance notice. Employees who fail to report to work shall be considered as having resigned. Any laid -off employee who refuses an offer of employment to the classification from which they were laid off shall be considered as having resigned. Employees on a layoff re- employment list, shall have preference over new hires. 46 2 3 4 5 6 r 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 33 LIGHT DUTY ASSIGNMENT If an employee's medical condition temporarily precludes the performance of his /her normal duties and management determines modified work is available and necessary to be performed, he or she may, with medical authorization, be temporarily assigned to such work for a period not to exceed six months. No change in base pay will result unless the duties to be performed are substantially greater or lesser than those normally performed by the employee and the employee's current pay rate is not within the pay range for the termporarily assigned work. In no event shall an employee's current pay rate be reduced more than four (4) ranges at the same step. 47 0 a 2 3 Ell 5 G 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 2.5 26 2.7 28! ARTICLE 34 CLASS "I" PHYSICALS The City will pay for costs for physical exams not covered by city insurance policies required for those employees required by the City to hold valid Class "I" California drivers licenses. W. IbI 6 8 0 10 11 12 13 14 15 16 17 18 191 20 21 22 23 24 25 26 27 281. ARTICLE 35 EMPLOYEE LOUNGE City shall maintain an employee lounge in space located at the rear of the City Council chamber. we u 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 36 UNIFORM AND UNIFORM ALLOWANCE A. The secretaries and clerk typists in the Police Departmelo submission of a letter from the city doctor certifying that the city uniform is injurious to their health. Decisions regarding this paragraph shall be made by the Personnel Director on a case -by -case basis. 50 shall receive a one hundred dollar ($100.00) unifor❑ allowance q quarterly. B. T This allowance shall not be paid for any employee who is off duty due t to a job - related injury at the start of any calendar q quarter. If the employee returns to work during that quarter, his /her uniform allowance will be prorated. C. A All other e employees required to wear City uniforms shall be provided c clean uniforms. A uniform includes either one shirt and p pants combination or one pair of coveralls. D. U Uniforms and work shoes shall only be used on City business. E. E Employees r required to wear City uniforms shall only be permitted t to wear other clothing for medical rea.sor..s up 50 l 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 37 SAFETv PROGRAM The City shall continue a compensation program for safety representatives on the basis that each designated safety member shall be compensated at the rate of $10.00 per month. The description of the duties of a safety committee member shall be designed by the Personnel Director or his /her designee. The, intent of the safety representatives is to assist the Personnel Director and the overall safety program in reducing accidents by reporting hazardous conditions. 51 1 2 3 4 5 G 7 8 s 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 I 25 26 27 28 ARTICLE 38 REQUIRED FOOTWEAR Employees required by management to wear protective footwear for- 0 safety reasons shall be reimbursed up to $80.00 for the purchase of such footwear. The City shall reimburse a maximum of two such purchases during the term of this Agreement. 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 2.7 28 ARTICLE 39 EMPLOYEE RIGHTS 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 al]. matters of employer - employee relations including but not limited to, wanes, hours and other terms and conditions of employment. Employee.s 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 rel.ations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. 53 1 2 3 4 5 6 7 4 9 10 11 12 13, 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 i ARTICLE 40 GRIEVANCE °ROCEDURE A grievance is defined as an alleged violation, misinterpretatioloi or misapplication of the personnel rules and regulations or of any Memorandum of Agreement, excluding disciplinary matters, or other matters as fall within the scope of representation. Each grievance shall be handled in the following mariner: A. The employee who is dissatisfied with the reasons of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. The employee shall have the right to choose a representative tc accompany him /her at each step of the process. If the matter car be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. i B. If still dissatisfied, the employee may submit the grievance in writing to the department head for consideration, statinn the facts on which it uas based, including the provision of the rules, regulations, or agreement said to be violated, and the proposed remedy. This action_ must take place within fifteen (15) business days of the response of the supervisor's immediate superior but in no event later than thirty (30) calendar days after the occurrence of the evert, giving rise to the grievance. The department head shall promptly consider the grievance and render decision in writing within fifteen (15) busi- ess d -a vs of receiving the writte;i grievance. If the e: :ploy 54 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 accepts the department head's decision., the grievance shall be considered terminated. C. If the employee is dissatisfied with the department head's decision, the employee may submit the grievance in writing to the Personnel Director within seven (7) business days of receiving the department head's decision. The Personnel Director shall confer with the employee and the department head and any other interested parties, and shall conduct' such other investigations as may be advisable. D. The results of findings of such conferences an( investigations shall be submitted to the Cit} Administrative Officer in gritting 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 befor( rendering a decision with respect to the complaint The City Administrative Officer's decision and reason: if denied shall be in writing and given the employe within twenty (20) business days of receiving th Personnel Director's results and findings. Suc! decision snail be final unless employee desires th Personnel Board to review the decision_ If such is thi case, the employee will have ten. (10) business day .following receipt of the City Administrative Officer' decision to submit a written request to the Personne Bon-d tinrough the Personnel. Director for a revie�:, o 55 the decision. The Personnel Board within thirty (30) 1 business days shall review the record and either 2 issue an advisory opinion to the City Administrative 3 Officer; or (2) conduct a hearing on the matter. If a 4 hearing is held, an advisory opinion shall be rendered 5 by the Board within ten (10) business days of the close 6 of such hearing. If an opinion signed by at least 7 three (3) members of the Personnel Board recommends 3 overruling or modifying the City Administrative 9 Officer's decision, the City Administrative Officer 10 shall comply or appeal this recommendation to the City 11 Council. Such appeal shall be filed with the City 12 Clerk within three (3) business days of the Board's 13 action.. If appealed, the City Council shall review the 14 case on the record and render a final decision wit 15 thirty (30) business days of submittal. 16 17 18 19 20 21 22 23 24 25 , 26 27 28 56 W61 =a 10 11 12. 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 ARTICLE 41 REPRESENTATIVE ROLE Members of any recognized employee organization may, by a reasonable method, select not more than three employee members of such organization and one employee observer to meet and confer with the Municipal Employee Relations Officer and other r..anao.e.me.nt officials (after written certification of such selection is provided by an authorized official of the organization) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The employee organization 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 meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official. If employee representatives cannot be released, date of meeting will be reschedule in accordance with item (2) below. (2) That any such meeting is subject to scheduling by Cit management consistent with operating needs and wor schedules. Nothina provided herein, however, shal limit or restrict City manageme-nt from. scheduling suc meetings before or after regular duty or work hours. 57 2 3 d 5 6 8 9 10 11 12 13 14 15 16 17 13 19 20 21 22 23 24 25 261 27 28 ARTICLE 42 COMMITTEE REPRESENTATION If the Director of Personnel establishes a committee to study possible changes which will affect si;nificant numbers of employees in the unit in subjects within the scope of representation, and if the Personnel Director includes unit members on. the committee, such committee members shall be designated by the Personnel Director after consultation with the Association. This unit shall have the same number of committee members as eact other unit has. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 27 28, ARTICLE 43 DUES DEDUCTION ;he City shall deduct dues from City employees and remit said dues to t,e Association on a monthly basis for the duration, of this Agreement, which dues shall not include assessments. 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 monthly to the Associatio.- President. The Association shall hold the City harmless from any and all claims, and will indemnify it against any unusual costs in implementing these provisions. The Association shall refund to the City any amount paid to it in error upon presentation of supporting evidence. WX WE 8 9 10 11 12 13 14 15 16 17 ' 18 19 20 21 22 23 24 25i 26; 271 ?8. I \. ARTICLE 44 COPIES OF AGREEMENT Parties agree City shall provide 150 copies of the Agreement to the Association. Association shall pay 1/2 City's actual cost. Parties shall consult concerning size and format of printed agreement and concerning who does the printins of the agreement. 60 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -. ARTICLE 45 MANAGEMENT RIGHTS 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 employ- ment 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 governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of 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 of performing its work. 61 Article 46 1 Smoking Policy 2 Parties agree to abide by the City's smoking policv. 3 4 5 6 7 8 9 10 I] 12 13 14 15 16 17 18 19 20 21 23 24 25 26 27 24 62 1 2 3 4 5 6 7 8 9 10 11 12 13 141 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 47 PEACEFUL PERFORMANCE If an employee participates in a strike or a concerted work stoppage, the City may apply discipline up to and including discharge. However, nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment. a) Employee organizations shall not minder, delay, or interfere, coerce employees of the City to hinder, delay, or interfere with the peaceful performance of City services by strike, concerted work stoppage, cessation of work, slow —down, sit —down, stay —away, or unlawful Picketing. b) In the event that there occurs any strike, concerted work stoppage, or any other form of interference with or limitation of the peaceful performance of City services prohibited by this article, the City, in addition to any other lawful remedies of disciplinary r actions, may by actionn of the Municipal Employee Relations Officer cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the USE of City facilities, and withdraw recognition of the employee organization or organizations participating in such actions. c) Employees shall not be locked out or prevented by management officials from performin- their assilone duties when such emoloveds are willing and able to perform such duties in the customary manner and at al 63 4 5 Kai s 9 10 11 12 13 14 15 16 17 13 19 20 21 91) 23 24 25 26 27 28 reasonable level of efficiency, provided there is work to perform. • Any decision made under the provisions of the article may be appealed to the City Council by filing a written Notice of Appea with the City Clerk, accompanied by a complete statement settin' C orth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed within ten (10) working days afte the affected employee organization first received notice of the decision upon which the complaint is based, or it will be considered closed and not subject to any other appeal. 64 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20I 21 22 23 24 25 26 271 28 ARTICLE 48 VULL AGREEiMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between, the City -and the Association. The Agreement supersedes all previous Memoranda of Understanding or I'lemoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. The parties, for the term of this Agreement, voluntarily and unqualifiedly agree to waive the obligation to negotiate with respect to any practice, subject or matter not specifically referred to or covered in this Agreement even though such practice, subject or matter may not have been within the knowledge of the parties at the timne this Agreement was negotiated and signed. In the event' any new practice, subject or matter arises during the term of this Agreement and an action is proposed by the City, the Association shall be afforded notice and shall have the right to meet and confer upon rec!uest. 65 1 2 3 41 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2511 26 ARTICLE 49 -- SAVINGS CLAUSE If any provision, 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 thirty (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. 3405 (1977 Series). 66 5 6 8 0 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 50 AUTHORIZED AGENTS For the purpose of administering the terms and provision-s of thi: Agreement: A. The Association's principal authorized agent shall be 0 the President (address: 990 Palm Street, San. Luigi Obispo, California 93406; telephone: (805) 549 - 7:74). B. Management's principal authorized agent shall be the Personnel Director or his /tier duly, authorizec representative (address: P. 0. Box 321, San Lui< Obispo, California 93406; telephone: (805) 549- 7252). 67 l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 This Agreement becomes effective 1 January 1986 as witnesse hereto by the following parties: CITY OF SAN LUIS OBISPO SAN LUIS OBISPO EMPLOYEES' ASSOCIATIO ✓w, ✓I.v halq� A" Ann Crossey av mith Personnel Director Association President ARTICLE 51 SIGNATURES A. Classifications covered by this Agreement and include within this unit are shown in Appendix "A ". B. Range adjustments included within this unit are shown i Appendix "B ". This Agreement becomes effective 1 January 1986 as witnesse hereto by the following parties: CITY OF SAN LUIS OBISPO SAN LUIS OBISPO EMPLOYEES' ASSOCIATIO ✓w, ✓I.v halq� A" Ann Crossey av mith Personnel Director Association President 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 i 27 28 APPENDIX A (page 1 of 2) CLASSIFICATIONS Clerical • Clerk Typist • Clerical assistant I • Clerical Assistant II • Secretary I • Secretary II Human Relations Aide Executive Secretary • Account Clerk I • Account Clerk II • Account Clerk III Computer Systems Technician Accounting Technician • Records Clerk I • Records Clerk II Supervising Records Clerk Recreation Coordinator I Recreation Coordinator II Maintenance • Janitor I • Janitor II • Maintenance Worker Trainee ,Maintenance Worker I •Maintenance Worker II - Parks ,Maintenance Worker II - Streets Strut Painter Crew Leader - Parks Crew Leader - Streets Maintenance Technician Tree Trimmer Tree Maintenance Technician Pool Technician Heavy Equipment Operator Heavy Equil).nent 'mechanic Dots (•) designate positions within a classification series. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Y APPENDIX A (page 2 of 2) CLASSIFICATIONS Utilities Utility Worker • Water Treatment Plant Operator I • Water Treatment Plant Operator II Chief Water Treatment Plant Operator • Wastewater Operator Trainee • Wastewater Treatment Plant Operator I Chief Wastewater Treatment Plant Operator Wastewater Source Control Technician Water Supply Operator I Water Supply Operator II Customer Service Representative Planning /Engineering Planning Technician Administrative Assistant • Assistant Planner • Associate Planner • Drafting Technician • Engineering Technician Surveyor • Engineering Assistant • Plan Check Engineer • Civil Engineer Building Inspector Public Works Inspector Dots ( -) designate positions within a classification series. C 1 2 3 4 5 6 7 8 9 10 1.1 12 13 14 15 16 17 18 19 20 Ii 21 22 I 23 l 24 I� 25 26 27 ;I 28 I Classification Account Clerk II Clerical Assistant II Secretary I Supervising Records Clerk Plan Check Engineer Civil Engineer Human Relations Aide Computer Systems Technician Janitor II Records Clerk II Account Clerk II.I APPENDIX B RANGE ADJUSTMENTS Current Range New Range 10 12 10 12 10 12 15 16 26 27 30 31 NEW CLASSIFICATIONS 7/01/86 Range 14 16 12 12 14 RESOLUTION NO. 5902 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING PROGRAM SUPPLEMENT NO. 4, REVISED, TO THE LOCAL AGENCY /STATE AGREEMENT NO. 05 -5016 FOR FEDERAL -AID PROJECTS FOR THE LOS OSOS VALLEY ROAD EXTENSION PROJECT WHEREAS, the Congress of the United States has in 1982 U.S. Surface Transportation Act declared it to be in the national interest for federal funds to be expended for highway projects on the Federal Air Urban systems, and WHEREAS, the City and the State have entered into Master Agreement No. 05 -5016 for Federal -Aid Projects, and WHEREAS, the proposed program supplement No. 4 to the Master Agreement is in keeping with State and Federal guidelines, and WHEREAS, the Engineering Division of the Public Works Department has completed plans for the Los Osos Valley Road Extension Project, NOW THEREFORE BE IT RESOLVED, that the Council of the City of San Luis Obispo, California hereby: 1. Approves that certain agreement, attached hereto marked Exhibit A, and incorporated herein by reference, between the City of San Luis Obispo and the State of California, Department of Transportation, and the Mayor is authorized to execute the same. 2. Authorizes the City Clerk to transmit both of the original agreements, attaching to each a copy of this resolution, to: Mr. W.W. Evans Asst. Dist. Local Assistance Engineer Department of Transportation P.O. Box 8114 San Luis Obispo, CA 93403 -8114 On motion of Councilwoman Dovey and on the following roll call vote: , seconded by Councilwoman Rappa R 5902 a 7; B t Resolution No. 5902 " AYES: Councilwomen Dovey, Rappa and Mayor Dunin NOES Councilman Settle ABSENT: Councilman Griffin the foregoing Resolution was passed and adopted this 18th day of February - -, 1986. ATTEST: CITY 0,� Q -Tw�f� Administrative Off cer City A Finance D C' ity gineer jwh /e08 -sup by A0 if MAY R RON DUNIN PROGRAM SUPPLEMENT NOS 4, Revised ,IgT, 5 - SLO -O -SLO TO PROJECT NO. M--.Y369(1) LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 05 -5016 DATE: January 3, 1985 This Program Supplement is hereby incorporated into the Local Agency -State Agreement for Federal -Aid which was entered Into between the LOCAL AGENCY and the STATE on June 22, 1978 and Is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article 11 of the aforementioned Master Agreement under authority of Resolution No. . approved by the LOCAL AGENCY on (See copy attached). The Local Agency farther stipulates that as a condition to payment of funds obligated to this project, It accepts and will comply with the convenants or remarks set forth .oh the following pages• PROJECT LOCAT10It: Los Osos Valley road Extension, from Los Osos Road Overnrossing to ' west of Hi uera Street. TYPE OF WORK: Const. 2 -lane road & bridge LENGTH: 0.2 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK: ® PRELIMINARY ENGINEERING ❑ RIGHT-OF-WAY El - (Othei) ® CONSTRUCTION ENGINEERING 2 CONSTRUCTION TOTAL ESTIMATED COST FEDERAL FUNDS MATCHING FUNDS LOCAL- OTHER: OTHER: OTHERe $1403,300 $827x107 $176,193 *Includes Overhead Assessments City of San Luis Obispo STATE OF CALIFORNIA LOCAL AGENCY DEPARTMENT OF TRANSPORTATION AV 4.4 rp Dato Sy Z Diatrict Director of Transportation (Tits of Au"wrized Offloial) Attest _ U DlsMet 5 Date AMELA VOGES (Title) .................................................................................. ............................... I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance . ......................r........ ........::.................. ............................... ................. Accounting Officer Date 7/07oa Chapter Statutes Item Fiacai Yr. Program BC Category Fund Source S is Dist.: 5 =SLo -O -SLo M- Y369(1) � 4 nuary 3, 1986 .age 2 of 2 SPECIAL COVENANTS OR REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. In executing this Program Supplemental Agreement the Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Programs. 3. The State will advertise, award, administer and provide -a. Resident Engineer for this project. 4. The Local Agency will reimburse the State for their share of costs for work requested to be performed, by the State. 5. The Local Agency agrees the payment of Federal funds will be limited to the Detail Estimate amounts approved by the Federal Highway Administration in the Federal -Aid Project Agreement (PR -2), or its modification (PR -2A), and accepts any increases in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Assistance. 6. This Revised Program Supplement supersedes Program Supplement Approved by the Local Agency's Governing Body on May 18, 1982. is 1111a5) PROGRAM SUPPLEMENTNd� 4, Revised pIST, 5 - SLO -O -SLO TO PROJECT NO. M -Y369 (1) LOCAL AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO. 05 -5016 DATE: January 3, 1985 This Program Supplement is.hereby incorporated into the Local Agency -State Agreement for Federal -Aid which was entered into between the LOCAL AGENCY and the STATE: on June 22, 1978 and is subject to all the terms and conditions thereof. This Program Supplement is adopted in accordance with Paragraph 2 of Article 11 of the aforementioned Master Agreement under authority of Resolution No. , approved by the LOCAL AGENCY on (See copy attached). The Local Agency further stipulates that as a condition to payment of funds obligated to this project, It accepts and will comply with the convenants or remarks set forth on the following pages - PROJECT LOCATION: Los Osos Valley road Extension, from Los Osos Road 0' west of Hi uera.Street. TYPE OF WORK: COnst. 2: -lane road & bridge LENGTH: 0.2 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK: PRELIMINARY ENGINEERING ❑ RIGHT -OF -WAY (Other) CONSTRUCTION ENGINEERING ® CONSTRUCTION TOTAL ESTIMATED COST FEDERAL FUNDS MATCHING FUNDS LOCAL: OTHER: - OTHER:-- OTHER: $1,003,300 $827,107 $176,193 *Includes Overhead Assessments C-ity of San Luis Obisoo - STATE OF CALIFORNIA LOCAL AGENCY DEPARTMENT OF TRANSPORTATION ey IN RON Date By - R� District Director of Transportation (Title 94 od Official) Attest: v District 5 Date AMELA 'VOGES TTY CLERK (Title) .... ....................... .......................... ............................... ............... I hereby Certify upon my personal knowledge that budgeted funds are avail this encumbrance IablepCfor ......................... .................. Accounting Officer 1. �•tD 06 . Date* "'*'" .v.7�. Chapter Statutes item Fiscal Yr. Program BC' Category 'Fund Source $ - -� yc - is 1111a5) bist.: 5- SL_o-0 -SLc' `; M= 1369(1) anuary 3, 1986 ' Page 2 of 2 SPECIAL.COVENANTS OR.REMARKS 1. All maintenance, involving the physical condition and the operation of the improvements, 'referred to in Article VI MAINTENANCE of the aforementioned Master Agreement will be performed . by the Local Agency at regular intervals or as required for efficient operation of the completed improvements. 2. In executing this Program Supplemental Agreement the Local Agency hereby reaffirms the "Nondiscrimination Assurances" contained in the aforementioned Master Agreement for Federal -Aid Programs. 3. The State will advertise, award, administer and provide a Resident Engineer for.this project. 4. The Local Agency will reimburse the State for their share of costs for work requested to be performed by the State. 5. The Local Agency agrees the payment of Federal funds will be limited to the Detail Estimate amounts approved by the Federal Highway-Administration in the Federal -Aid Project Agreement (PR -2), or its modification (PR -2A), and accepts any increases.in Local Agency Funds as shown on the Finance or Bid Letter or its modification as prepared by the Office of Local Assistance. 6. This Revised Program Supplement supersedes Program Supplement approved by the Local Agency's Governing Body on May 18, 1982. r RESOLUTION NO. 5901 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE SAN LUIS OBISPO COUNTY BOARD OF SUPERVISORS TO CONSOLIDATE THE SPECIAL MUNICIPAL ELECTION ON TUESDAY, JUNE 3, 1986, WITH THE STATE -WIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING ON THE ADOPTION OF FOUR PROPOSITIONS WHEREAS, the City Council of the City of San Luis Obispo has adopted Resolution Nos. 5897, 5898, 5899, and 5900 (1986 Series) (copies attached and incorporated by reference herein) calling a special election to be held on June 3, 1986, for the purpose of voting on propositions as described herein; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Board of Supervisors of the County of San Luis Obispo is hereby requested to order the consolidation of the Special Municipal Election with the State -wide Primary Election to be held on Tuesday, June 3, 1986, and said Board of Supervisors is authorized hereby to canvass the returns of the election hereby called and the election shall be held in all respects as if there were only one election and one form of ballot, namely the ballot used at such primary election shall be used. The precincts, polling places and officers of election for the Special Municipal Election hereby called shall be the same as those provided for said State- wide.Primary Election and as set forth in Section 23312 of the Elections Code. Said Board of Supervisors shall certify the results of the canvass of the returns of such Special Municipal Election to the Council of the City of San Luis Obispo, which shall thereupon declare the results thereof. SECTION 2. The Board of Supervisors is hereby requested to issue R 5901 _ Resolution No. 5901 (1986 Series) Page 2 instructions to the County Clerk to take any and all steps necessary for the holding of said Special Municipal Election. The City will pay its pro rata share of extra costs incurred by the County in consolidating the elections pursuant to Section 51350 of the Elections Code. SECTION 3. The propositions to be voted on at said Special Municipal Election shall be as set forth on Exhibit "A" attached hereto and incorporated herein by reference. SECTION 4. The City Clerk is hereby directed to file certified copies of this resolution with the Board of Supervisors, the County Clerk and the Registrar of Voters of the County of San Luis Obispo. SECTION 5. Pursuant to Sections 4015.5 and 5014.5 of the Elections Code, rebuttal arguments will be permitted, and shall be filed with the City Clerk not more than 10 days after the final date for filing direct arguments. SECTION 6. The City Clerk shall certify to the passage and adoption of this resolution. On motion of Councilwoman Dovey, seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin, Rappa and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 4th day of February 1986. Y _ RON DUNIN Resolution No. 5901 (1986 Series) Page 3 Approved: e eQ 4 5p't-IX City Administrativ Off cer City At City Clerk ,2,; i " ., L-j TO BE REPEALED: CITY MEASURE "A" r. EXHIBIT "A" "VOTER APPROVAL OF ANNEXATIONS. Shall the City YES O Charter be amended to repeal Section 727 ?" NO Q TO BE AMENDED: CITY MEASURE "B" "COMPENSATION. Shall Section 410 of the City YES 0 Charter be amended to clarify the procedures NO for adjustments to Council compensation ?" TO BE AMENDED: CITY MEASURE "C" "VIOLATION OF ORDINANCES. Shall the City Charter YES 0 be amended to allow the City Attorney to prosecute m misdemeanors as infractions ?" TO BE ADDED: CITY MEASURE "D" "ONSHORE SUPPORT FACILITIES. Shall the San Luis Obispo Municipal Code be amended to allow onshore support facilities for offshore gas and oil development only with voter approval ?" YES 0 NO 0 V. F�We'--i I .. t'T ov , - - -- 69U C���k r�',c�ed) �e t P. '4t Resolution No. 5900 (1986 Series) Onshore Support Facilities was given Ord. #1071 (effective 6/3/86 General Municipal Election) m 0 1071 i RESOLUTION NO.5900 (1986 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO CALLING A SPECIAL MUNICIPAL ELECTION TO BE HELD IN SAID CITY ON TUESDAY JUNE 3. 1986, AND TO BE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION TO BE HELD ON SAID DATE FOR THE PURPOSE OF VOTING UPON A PROPOSED ORDINANCE WHICH WOULD ALLOW ONSHORE SUPPORT FACILITIES FOR OFFSHORE OIL AND GAS DEVELOPMENT ONLY WITH VOTER APPROVAL WHEREAS, the Charter of the City of San Luis Obispo and state law provide for the City Council to place ordinances before the voters for consideration; and WHEREAS, this Council has determined that the establishment of onshore support facilities for offshore oil and gas development is a matter of grave concern to the people of this community; and WHEREAS, the voters of this city should have the final authority to establish any zoning districts to allow such onshore support facilities. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. There is hereby called and ordered in the City of San Luis Obispo, State of California, on Tuesday, June 3, 1986, a Special Municipal Election of the qualified electors of the city, to be consolidated with the Statewide Primary Election, to vote upon an ordinance to amend the zoning regulations of the City of San Luis Obispo. 2. That the ordinance to be considered shall be as follows: "BE IT ORDAINED by the People of the City of San Luis Obispo as follows: SECTION 1. Chapter 17.92 is added to the Zoning Regulations of the City of San Luis Obispo. R 5900 Resolution No. 5900 ('�-," Series) "17.92.010 Onshore Support Facilities, Findings. Page 2 A. There is a strong likelihood that serious adverse effects will result from onshore processing, storage, or related service facilities supporting offshore oil and gas development authorized by the federal and state governments. B. Such facilities would threaten the community's vital economy and environmental quality. "17.92.020 Onshore Support Facilities Prohibited. No onshore support facility for offshore oil or gas development shall be allowed or permitted within the City of San Luis Obispo until such time that the City Council proposes the inclusion of such uses in an appropriate zone district or districts, and such proposal has been approved by a vote of the people of the City of San Luis Obispo. For the purpose of this ordinance, the term "onshore support facility" means any activity or land use required to support directly the exploration, development, production, storage, processing, transportation, or related aspects of offshore energy resource extraction." SECTION 2. The provisions of this ordinance are separable, and the invalidity of any phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance. SECTION 3. This ordinance shall go into effect in the time and manner provided for by state law. 3. The proposition to be voted on at said Special Municipal Election (-� Resolution No. 5900 (1-,,36 Series) shall be set forth substantially as follows: CITY MEASURE "D" Page 3 "ONSHORE SUPPORT FACILITIES. Shall the YES —� San Luis Obispo Municipal Code be amended NO to allow onshore support facilities for offshore gas and oil development only with voter approval ?" 4. The proposition shall pass only if a majority of the votes cast by voters for the proposed ordinance are "YES" votes. On motion of Councilwoman Dovey , seconded by Councilman Settle and on the following roll call vote: AYES: Councilmembers Dovey, Settle, Griffin,'Rappa and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 4th day of February , 1986. APPROVED: F P�WZ City Administrative,Qf icer City Att Ci Clerk Pamel oges /C