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HomeMy WebLinkAbout8050-8102RESOLUTION NO. 8102 (1992 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING CONDOMINIUM CONVERSION APPLICATION FOR NINE UNITS AT 533 PISMO STREET (CON 3492) WHEREAS, an application has been made for conversion to condominiums of nine units at 533 Pismo Street; and WHEREAS, that this council, after consideration of the Planning Commission's recommendation, staff recommendations and reports thereof, finds that the proposed condominium conversion is appropriate based on the following findings and subject to the following conditions and exception: SECTION 1 Exceptions to Property Development Standards Exceptions to the minimum conversion project size to allow nine units to be converted when ten is normally required; to allow a seven foot wide private open space area for units 8 and 9 where ten feet is normally required; and to allow an 11 foot street yard for a storage enclosure where 15 feet is normally required are hereby approved, based on the following findings: 1. Compliance with the project size limit would not be practical due to the number of units existing on the site. 2. The exception will not constitute a grant of special privilege inconsistent with the limitations on other properties in the same vicinity with the same zoning. 3. No feasible alternative to authorizing the exception would satisfy the intent of city policies which encourage provision of variety of rental and individually -owned units in all price ranges within the city. 4. Exceptions to the open space minimum dimension requirements for units 8 and 9 will not significantly impair the residents' use.and enjoyment of private open space areas, and no public purpose would be served by strict adherence to this condominium development standard. R -8102 Council Resolution No. 8102(1992 Series) Page 2 5. A reduced street yard setback from 15 feet to 11 feet on Beach Street to allow one, four foot by seven foot storage enclosure is minor and poses no environmental, esthetic, health, or safety impacts to people living or working at the site or in the vicinity. SECTION 2. Findings. 1. All provisions of the Condominium Development and Conversion Regulations have been or will be met, with the exception to property improvements noted above. 2. The proposed conversion is consistent with the general plan. 3. Adequate facts exist to support the following findings required by the State Subdivision Map Act: A. The site is physically suited for the type and density of development allowed in the R -3 -H zone. B. The design of the condominium conversion and the proposed improvements are not likely to cause serious health problems, or substantially and avoidably injure fish or wildlife or their habitat. C. The design of the condominium conversion or the type of improvements will not conflict with easements for access through (or use of property within) the proposed condominium conversion: 4. The proposed conversion will not displace a significant number of low - income or moderate- income households or senior citizen_ s at a time when no equivalent housing is readily available. 5. The proposed conversion is subject to conditions of approval which will ensure substantial compliance with building and housing codes and zoning regulations which are currently in effect. SECTION 3. Conditions, 1. Applicant shall install an upgraded fire hydrant (location # I- 12 -26) to provide adequate fire protection, to the approval of the Fire Marshal. 2. Applicant shall refurbish and repair the structures and building service equipment (piping, wiring, heaters, etc.) as recommended in the property condition report, and to the approval of the Chief Building Official. Council Resolution No. $102 (1992 Series) Page 3 NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the application referred to hereinabove hereby is approved. On motion of Council Member Rappa , seconded by Council Member Romero , and on the following roll call vote: AYES: Council Members Rappa, Romero, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None The foregoing resolution was passed and adopted this 15th day of December , 1992. Mayor Peg Pinard ATTEST: i e Gladwell, City Clerk C Council Resolution No.8102 (1992 Series) Page 4 APPROVED: RI x I AA I.. - - i� tw, �� J, J J� r RESOLUTION NO. 8101 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE TRACT NO. 1885 LOCATED AT 1411 MARSH 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 1885 and.the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 1. The design of the tentative map and proposed improvements are consistent with the general plan. 2. The site is physically suited for the type and density of development allowed in the O 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 easements for access through, or use of property within, the proposed subdivision. 5. The Community Development Director has determined that the proposed subdivision is exempt from environmental review. 6. The single -lot air -space condominiums meet the intent of water service regulations in the Subdivision Ordinance. SECTION 2. Exceptions. That the requested exception to eliminate the requirement for individual water service to each of the proposed units is not mandated by Section 16.36.250 J.2. of the Subdivision Regulations because this is an air -space condominium on a single lot, and further, the Council finds that a master water meter to the entire project is acceptable. R -8101 Resolution No. 8101. (1992 Series) Tract 1885 Page 2 SECTION 3. Conditions. The approval of the tentative map for Tract 1885 be subject to the following conditions: 1. The applicant shall submit a final map for approval and recordation. 2. The 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. 3. The applicant shall establish covenants, conditions, and restrictions for the regulation of land use control of nuisances and architectural control of the building and facilities. These CC &R's shall be approved by the Community Development Director and administered by a property owners' association. 4. There shall be no change in city - regulated provisions of the CC &R's without prior approval of the Community Development Director. 5. The applicant shall include the following provisions in the CC &R's for the tract: a. The property owners' 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 owners' association fails to do so and to assess said association for expenses incurred. C. Each unit shall have a proportionate share of the par -king and there shall also be provisions for common parking. d. A system for equitably prorating water costs for individual condominium units. �I Resolution No. 8101 (1992 Series) Tract 1885 Page 3 6. The applicant shall dedicate an easement over that portion of San Luis Obispo Creek within the subject property for maintenance and pedestrian access to the satisfaction of the Community Development Director and the City Engineer. 7. The applicant shall replace any existing toilets in the project that use more than 1.6 gallons per flush with toilets that use 1.6 gallons or less. On motion of Council Member Settle seconded by Council Member Rappa , and on the following roll call vote: AYES: Council Members Settle, Rappa, Roalman, and Romero NOES: Mayor Pinard ABSENT: None the foregoing resolution was passed and adopted this 15th day of December , 1992. Mayor P Pinard ATTEST: -i clerk iane diadwell I i Resolution No.8101 (1992 Series) Tract 1885 Page 4 APPROVED: 6�2t A� J 7!�- City dministra ive fficer r 0 .RESOLUTION NO. 8100 (1992 SERIES) A RESOLUTION OF THE. CITY COUNCIL OF THE CITY. OF SAN LUIS THE, DECLARING' THE RESULTS OF THE GENERAL ELECTION HELD TUESDAY, NOVEMBER 3, 1992 WHEREAS, a. General Muncipal Election was held in the City of San Luis Obispo on the 3rd day of November, 1992, which election was duly held and conducted in the manner provided by the Charter of the City of San Luis Obispo, and as provided by law for the purpose of voting for the election of a Mayor and two Council Members and Measure H. WHEREAS, under the provisions of CityCounci! Resolution 8028 (1992 Series), the Board of Supervisors was authorized to perform the official canvass of the November 3, 1992 General Municipal Election pursuant to the election laws of the State of California; and WHEREAS, a statement of the results of said election has been duly entered by the City Clerk in the official records of the City. NOW, THEREFORE, BE IT RESOLVE_ D by the Council of the City of San Luis Obispo that: SECTION. 1. The whole, number of votes cast in said election within the City of San Luis Obispo was 23,056. SECTION 2. Th-e names of the persons voted for, the office for which each person was voted for, the number of votes given at each precinct to each person, and the number of votes for:and against Measure Hand number of votes at each precinct, are shown by the tabulaton of votes marked Exhibit 'B" and attached hereto, and by this reference incorporated as though fully set forth. SECTION,3. PEG PINARD, ihe.candidate receiving the highest number of votes cast at said election for the office of Mayor, is hereby declared elected to such office for the term prescribed by the City Charter: SECTION 4. DAVE20MERO AND ALLEN K SETTLE, the two candidates receiving the highest number of votes cast. at said election for the Office of City Council Member, are and each of them is hereby declared elected to such office for the term prescribed by the City Charter. R -8100 C 10 Resolution No.gloo(1992 Series) Page 2 SECTION 5. The City Council does declare and determine that as a result of said election, the majority of the qualified voters voting on the measure did vote in favor of Measure H. SECTION 6. The City Clerk is hereby directed to sign and deliver to each of said Peg Pinard, Dave Romero and Allen K. Settle a certificate of election certifying to his /her election to his /her respective office, as hereinbefore set forth. On motion of Council Member Settle ,Seconded by Council Member Romero and on the following roll call vote: 0 AYES; Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES:. None ABSENT: None The foregoing resolution was passed and adopted this 15thday of December, 1992.. ATTEST- ,!9d Glad well, City 'Cloy Mayor Peg Pi9iard I horcbj certify that tha foregoing is a fug. Mae and Correct Copps of R olution 8100 In e&iass her f, 1/20/00 Lists Lee Price, Wo cly G1&.% Resolution No. 8100 (1992 Series) APPROVED: City A ministrativ Officer �/J)FNv i lerk Page 3 CERTIFICATE. I, Diane R. Gladwell, the City Clerk of the City of San Luis Obispo, certify that the following is the final statement of votes cast at the General Municipal Election held in the City of San Luis Obispo; California, on November 3, 1992 1 - Number of registered voters in City: 28,427 2 - Number of votes cast in the City: 23,056 3 - Tabulation of votes by person: FOR MAYOR Peg, Pinard 6,872 Jerry Reiss 5,710 Penny Rappa. 4,310 Cal Massey 4 064 FOR_COr INCIL MEMBER Allen K Settle 8,489 Dave Romero 7,742 Brent Petersen 7,624 Dodie Williams 5;557 John Lybarger 3,353 David Jeffrey 2,164 David .Friend 1,714 Richie Ray Walker 1,011 4 - Tabulation of votes by preen, (See Exhibit "A") s Certificate of November 3, 1992 Election 5 - Tabulation of votes by person (See Exhibit "A") 6 - Tabulation of absentee votes (See Exhibit 'A ") 7 - Tabulation of votes on Measure H (See Exhibit "B ") Page 2 Witness my hand and the seal of the City Clerk of San Luis Obispo this ist day of l December, 1992 ne R. Gladwell, City Clerk �1 e OF EXHIBIT "A" CERTIFICATE OF COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 3, 1992 CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA ) ) ss. COUNTY OF SAN LUIS OBISPO ) I, FRANCIS M. COONEY, County Clerk- Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law, I did canvass the returns of the votes cast at the General Election held on November 3, 1992, in the City of San Luis Obispo, and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk) to which this certificate is attached,, shows the number of votes cast in said City for and against each candidate for the office of Mayor and Member of the City Council, and that the totals shown for and against each candidate for the 'office of Mayor and Member of the City Council, in'said City, and in each of the respective precincts therein, are full, true and correct. WITNESS, my hand and Official Seal this day of November, 1992. FR . COONEY, ounty Clerk -Rec er , , , , , SAN LUIS OBISPO COUNTY 6ENERAL ELECTION 11 -3-"92 CITY OF SAN LUIS OBISPO - MAYOR Pace 9. 1 Precinct Voters Trnout Pct 8 C D E F 6 H I J ------------------------ - - - -A - - ------ K l Precinct Number CN064 1055 740 76.1 42 - 0 - -- -- 140 --- - -- - 249 -- - -- -- 112 - --- - 196 - - - -- - --- -- - - --- - ----- 1 Precinct Number CN065 946 511 61.0 66 0 94 125 112 180 0 Precinct Number CN066 982 644 65.6 56 0 115 188 86 198 1 Precinct Number CN067 975 628 64.4 46 0 138 187 104 151 2 Precinct Number CN068 753 461 61.2 30 1 90 132 37 169 1 Precinct Humber CNO69 1085 735 67.7 60 0 139 155 127 252 ! Precinct Number CN070 1112 757 68.1 67 2 116 160 144 266 2 Precinct Number,CN071 987 685 69.4 66 0 225 105 76 311 _ 1 Precinct Number CH072 924 594 64:3 71 1 112 92 105 212 0 Precinct Number CN073 990 681 68.8 48 4 137 153 120 219 1 Precinct Number CN074 722 452 62.6 38 0 97 101 86 129 1 Precinct Number CN075 900 574 63.8 45 2 91 134 158 141 3 Precinct Number CN076 787 498 63:3 39 1 135 115 78 130 0 Precinct Number CN071 810 555 68.5 49 3 91 133 108 170 1 Precinct Number CN070 908. 632 69.6 48 0 122 142 141 1/8 1 Precinct Number CN079 903 626 69.3 57 1 127 145 142 153 1 Precinct Number CNO80 791 531 67.1. 33 0 122 138 90 148 0. Precinct Number CNO81 836 589 70.5 42 2 104 182 96 163 0 Precinct Number CN096 982 677 68.9 37 0 167 191 113 167 2 Precinct. Number CN097 495 367 74.1 17 0 104 130 36 79 1 Precinct Number CN145 1094 767 70.1 84 2 143 193 108 238 0 Precinct Number CN146 1048 697 66.5 76 2 149 118 114 235 3' Precinct Number CN147 980 616 62.9 70 2 120 145 77 200 2 Precinct Number CN148 911 '487 53.5 35 0 95 103 78 177 0 Precinct Number CN149 98-2 638 65.0 75 1 99 135 129 199 0 Precinct Number CN150 880 593 67.4 58 3 93 101 132. 204 2 s Precinct Number CH151 1248 850 68.1 122 1 138 181 177 218 2 Precinct Number CN152 1259 803 63.8 96 1 149 174 146 235 2 Precinct Number CM153 1045 676 64.7 89 1 83 222 113 167 1 Precinct Number CN154 959 644 67.2 51 1 115 166 BO 230 1 Absentee. Number AB5064 0 244 0.0 11 2 40 109 42 37 0 Absentee Number ABS065 0 178 0.0 21 0 24 44 37 52 Absentee Number ABS066 0 183 0.0 19 1 30 65 28 40 0 0 Absentee Number ABS067 0 231 0.0 16 0 41 82 46 45 Absentee Number ABS068 0 181 0.0 4 1 27 83 23 0 t Absentee Number ARS069 0 150 0.0 8 2 17 35 42 43 0 Absentee Number ABS070 0 127 0.0 10 0 29 16 22 46 50 0 0 Absentee Number ABS071 0 90 0.0 6 0 20 25 14 25 Absentee Number ABS072 0 93 0.0 13 2 10 21 18 28 0 1 --- --------- �z- -- ------ - -- --------------- -- C O L U M N L E 6 E N D A: MAYOR D: MAYOR 6: MAYOR J° SAN LUIS OBISPO SAN LUIS OBISPO . SAN LUIS OBISPO Blank Votes JERRY REISS Nritein Votes B: MAYOR E: MAYOR H: SAN LUIS OBISPO SAN LUIS OBISPO K: Over Votes CAL HASSEY C: MAYOR F: MAYOR I: SAN LUIS OBISPO SAN LUIS OBISPO L' PENNY RAPPA PEG PINARD SAN LUIS OBISPO COUNTY ... ELEION 11-3 -92 CITY OF SAN LUIS OBISPO - MAYOR Precinct ------- --- -- - - --=° C O L M N Voters - ---- Trnout ------ Pct A B C D E F 6 Absentee Number ABS073 0 113 - - - -- Q.0 - -- --- ---- 10 -- 0 -- -- 16 -= - 34. ------ 18 - - -- -- ------ 34 - 1 Absentee Number ABSOA 0 140 0.0 8 0 39 31 32 30 0 Absentee Number ABS075 0 167 0:0 14 0 36 37 45 35 0 Absentee Number ADS076 0 187 0.0 4 0 52 46 42 41 2 Absentee Number ABS077 0 99 0.0 5 0 16 20 32 25 1 Absentee Number ABS018 0 113 0..0 SO 0 . 22 29 20 32 0 Absentee Number ABS079 0 124 0.0 7` 1 21 31 32 26 0 Absentee Number ABS080 0 209 0.0 6 0 43 57 42 61 0 Absentee Number ABS081 0 130 0.0 9 0 16 43 27 -34 1 Absentee Number ABS096 0 174 0.0 3 1 40 45 25 60 0 Absentee. Number ABS097 0 86 0.0 . 1 1 29 25 11 18 0 Absentee Number ADS145 J 85 0.0 16 0 7 27 16 25 0 Absentee Number ABS146 0 132 0.0 18 1 25 21 28 37 2 Absentee. Number ABS147 0 148 0.0 13 1 22 47 i8 45 2 Absentee Number ABS148 0 237 0.0 17 3 38 55 38 86 0 Absentee Number ABSI-49 0 106 0.0 13 0 10 25 26 32, 0 Absentee Number ABS150 0 127 0.0 6 1 24 35 31 29 1 Absentee Number ABS151 0 90 0.0 2 0 12 33 22 24 0 Absentee Number AB5152 0 58' 0.0 9 0 5 9 20 15 0 Absentee Number ADS153 0 40 0.0 1 1 6, 12 10 9 1 Absentee Number ABS154 0 171 0.0 11 6 25 48 26 61 0 Absentee Number SC524 78 69 88.5 4 0 12 ._ 25 6 22 0 __> Precinct. Totals 28349 18774 66.2 1713 31 3550 4495 3225 5725 34 = =3 Absentee Totals 78 4282 11tt4 290 18 760 1215 839 1147 12 = => Total Vates 28427 23056 81.1 2003 49 4310 5710 4064 6872 46 Page 9. 2 N I J 'K I --- --- -- - - - - -- -- - - - -- ------- --- -- - - --=° C O L M N L E G E N D - - - --- ------------------------------------------ A: MAYOR 0: MAYOR 6: MAYOR J. SAN LUIS OBISPO SAN LUIS OBISPO - SAN LUIS OBISPO Blank Votes JERRY REISS Nritein Votes B. MAYOR Ed MAYOR H: SAN LUIS OBISPO SAN LUIS OBISPO ti Over Votes_ CAL MASSEY _ ,AS C: MAYOR F• MAYOR Ia SIM LUIS OBTSPO SAN:LUI$ OBISPO Lr PENNY RAPPA PEG "PINARD I - t SAN LUIS OBISPO COUNTY GENERAL ELECTION 11 -3 -92 CITY OF SAN LUIS OBISPO MAYOR L E Pace 9. R E C A P Voters Trnout Pct .A B C 0 E F 6 N 1 TOTAL DIST 1 SUPERVISOR •0 0 0.0 0 0 0 0 0 0 0 TOTAL DIST 2 SUPERVISOR 1055 984 93.3 54 2 180 358 154 233 1 TOTAL DIST 3 SUPERVISOR 15411 12734 82.6 1031 24 2420 3086 2330 3817 23 TOTAL DIST 4 SUPERVISOR 1477 1304 86.3 58 2 340 391 185 324 3 TOTAL DIST 5 SUPERVISOR 10484 8034 76.6 860 21 1370 1875 1395 2498 19 TOTAL VOTERS 20427 23056 81.1 2003 49 4310 5710 4064 6872 46 CONGRESSIONAL DIST 22 .28427 23056 81.1 2003 49 4310 5710 4064 6872 46 STATE SENATOR DIST 18 28427 23056 81.1 2003 49 4310 5710 4064 6872 46 ASSEMBLY DISTRICT 33 28427 23056 81.1 .2003 49 4310 5710 4064 6872 46 CITY OF ARROYO GRANDE 0 0 0.0 0 0 0 0 0 0 0 CITY OF GROVER CITY 0 0 0.0 0 0 0 0 0 0 0 CITY OF MORRO BAY 0 0 0.0 0 0 0 0 0 0 0 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 0 0 CITY OF SAN LUIS OBISPO 26427 23056 81.1 2003 49 4310 5710 4064 6872 46 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 0 0 CITY OF ATASCADERO 0 0 0.0 0 0 0 0 0 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 0 0 0 ABSENTEES PCT TOTALS 78 4282 44144 290 18 760 i215 839 1147 12 TOTAL VOTERS 28427 23056 81.1 2003 49 4310 5710 4064 6972 46 J K L r -------- --- ---- =- ----- ---- ----- -- - - - - -- C 0 L U M N L E 6 E N D --- - - ------------- - ---- - --- - A: MAYOR D: MAYOR 6: MAYOR J: SAN LUIS OBISPO SAN LUIS OBISPO SAN LUIS OBISPO Blank Votes JERRY REISS Nritein Votes B: MAYOR E: MAYOR SAN LUIS OBISPO SAN LUIS OBISPO Over Votes CAL MASSEY C: MAYOR F: MAYOR +• Lc SAN LUIS OBISPO SAN LUIS OBISPO PENNY RAPPA PEG PINARD SAN LUIS OBISPO COUNTY GENERAL ELECTION 11 -3 -92 CITY OF SAN LUIS OBISPO - MEMBER, CITY COUNCIL Page 10. 1 Precinct C Voters Trnout Pct A Precinct - --- Number CN064 - - - - -- 1055 - - - - -- 740 - - --- 70.1 - -- - 42 Precinct Number CN065 946 577. 61.0 71 Precinct Number CN066 982 644 65.6 60 Precinct Number CN067 975 628 64.4 48 Precinct Number CN06B 753 461 61.2 30 Precinct Number CM069 1085 735 67.7 68 Precinct Number CN070 1.112 757 68.1 75 Precinct Number CN071 987 685 69.4 64 Precinct Number CN072 924 594 64:3 85 Precinct Number CN073 990 681 68.8 55 Precinct Number CN074 722 451 62.6 38 Precinct Number CN075 900 574 63.8 56 Precinct Number CN076 787 448 63.3 44 Precinct Number CN077. 810 555 68.5 38 Precinct Number CR678 908 631 69.6 41 Precinct Number CN079 903 626 69.3 64 Precinct Number CN080 791 531 67.1 38 Precinct Number CN081 836 589 70.5 42 Precinct Number CN096 982 677 68.9 17 Precinct Number CN097 495 367 74.1 14 Precinct Number CN145 1094 767 70.1 68 Precinct Number CN146 1048 697 66.5 70 Precinct Number CN147 990 616 62.9 79 Precinct Number CN149 911 487 53.5 37 Precinct Number CN149 982 638 65.0 78 Precinct Number CM150 880 593 67.4 51 Precinct Number CNI51 1248 850 68.1 112 Precinct Number CN152 1259 803 63.8 81 Precinct Number CN153 1045 676 64.7 72 Precinct Number CN154 959 644 67.2 52 Absentee Number ABS064 0 244 0.0 11 Absentee Nueber.40SO65 0 178 0.0 14 Absentee Number ABS066 0 183 0.0 20 Absentee Number ABS067 0 231 0.0 17 Absentee Number ABS068 0 181 0.0 7 Absentee Number ABS069 0 150 0.0 9 Absentee Number ABS070 0 127 0.0 10 Absentee Number ABS071 0 90 0.0 7 Absentee Number ADS072 0 93 0.0 11 9 C D E F 6 N - ----- I J K L 0 48 44 267 330 - - 95 - - -- .205 8 -- - 276 - - - -- -- --- 1 0 63 80 189 188 96 143 40 103 0 2 38 56 212 245 117 144 28 199 3 1 33 64 217 276 68 170 25 203 0 0 24 27 172 191 72 130 11 160 0 1 50 .102 269 198 86 299 36 144 4 3 74 86 139 203 106 268 54 156 0 3 36 50 281 159 111 318 23 129 2 0 39 56 192 136 87 206 42 117 1 2 47 75 216 218 102 236 35 170 1 1 31 37 155 167 67 113 22 138 2 2 78 67 165 210 86 130 52 118 2 0 27 61 . 165 179 78 125 31 157 1 1 57 58 251 160 78 206 24 9Z 0 0 64 55 273 200 75 216 49 122 0 2 55 77 223 217 69 173 31 147 1 1 26 50 201 212 69 123 24 172 0 2 30 58 206 242 84 144 33 187 1 2 57 97 198 27b 136 .133 34 235 1 0 33 24 106 195 55 73 13 161 1 1 32 48 341 174 90 40B 26 113 1 2 41 55 271 159 105 333 22 110 4 0 39 40 227 171 86 226 18 135 7 1 31 35 199 172 69 171 11 120 1 63 44 262 155 86 261 19 106 0 2 55 47 238 171 98 220 27 118 2 2 71 76 328 175 84 451 18 84 2 1 45 44 .335 133 82 522 12 52 2 2 32 50 317 106 45 448 7 59 4 0 30 30 289 185 102 272 23 136 3 0 22 13 70 150 29 34 9 103 0 1 24 30 . 66 72 37 14 9 44 0 1 23 20 52 77 28 32 12 50 0 1 17 32 77 123 29 33 5 85 0 0 1 13 45 117 28 25 9 86 1 2 15 28 44 64 33 32 7 33 1 0 11 17 39 40 33 34 7 35 0 0 6 7 33 43 12 28 2 23 0 0 3 8 27 36 25 16 8 25 2 C 0 L U M N L E 6 E N D -- -------- - _- ----------- --- ------ - __�__ --- A: HER CITY COUNCIL SAN LUIS OBISPO D: MBR CITY COUNCIL 6: MDR CITY COUNCIL J: MBR CITY COUNCIL Blank Votes SAN LUIS OBISPO SAN LUIS OBISPO SAN LUIS OBISPO DAVID ALLEN 4EFFREY JOHN LYBARSER DODIE WILLIAMS B: MBR CITY COUNCIL E: MBR CITY COUNCIL N: NBR CITY COUNCIL K: HER CITY COUNCIL SAN LUIS OBISPO Over Votes SAN LUIS OBISPO SAN LUIS OBISPO SAN LUIS OBISPO ALLEN K. SETTLE BRENT PETERSEN Nritein Votes C: MBR CITY COUNCIL F: NBR CITY COUNCIL I: HER CITY COUNCIL L` SAN LUIS OBISPO SAN LUIS OBISPO SAN LUIS DAVID R. FRIEND DAVE MEN RICHIE RAY WALKER SAN LUIS OBISPO COUNTY GENERAL ELECTION 11 -3 -92 CITY OF SAN LUIS OBISPO - MEMBER, CITY COUNCIL Pace 10. 2 Precinct Absentee Number ABS073 Absentee Number ABS074 Absentee lumber ABS075 Absentee Number ABS076 Absentee Number ABS077 Absentee Number ABS078 Absentee Number ABS079 Absentee Number ABSOBO Absentee Number ABS081 Absentee Number ABS096 Absentee Number ABS097 Absentee Number ABS145 Absentee Number ABS146 Absentee Number ABS147 Absentee Number ABS148 Absentee Number ABS149 Absentee Number ABS150 Absentee Number ABS151 Absentee Number ASS152 Absentee Number ABS153 Absentee Number A95154 Absentee Number SL524 = => Precinct Totals => Absentee Totals =_> Total Yates A: MBR CITY COUNCIL SAN LUIS OBISPO Blank Votes B: MBR CITY COUNCIL SAN LUIS OBISPO Over Votes C: HER CITY COUNCIL SAN LUIS ORTSPA DAVID R. FRIEND Voters Trnout - - - --- ---- -- Pct ----- A - - - --- -- B - - -- C -- ---- D ---- -- E - - ---- F -- 6 H I J K L 0 113 0.0 16 0 12 10 27 ---- 49 ------ 18 -- - --- 14 - --- -- 8 -- -- -- -- 31 - --- --- - -- 1 0 140 0.0 7 0 12 16 47 66 23 14 5 59 0 0 167 0.0 14 0 27 33 57 73 27 15 13 36 0 0 187 0.0 4 0 7 30 70 97 40 29 6 65 0 0 99 0.0 5 0 11 13 44 45 17 It 9 19 0 0 113 0.0 6 0 10 13 49 38 20 27 7 34 0 0 124 0.0 8 0 14 9 48 52 14 22 6 44 0 0 209 0.0 B 0 6 18 87 98 34 40 6 78 1 0 130 0.0 7 0 9 10 53 66 25 19 3 38 0 0 174 0.0 9 0 12 17 42 88 37 34 8 69 1 0 86 0.0 1 1 6 6 27 43 13 9 2 44 0 0 85 0.0 7 0 7 11 35 28 8 29 2 21 0 0 132 0.0 12 0 13 20. 29 47 34 29 7 34 1 0 148 0.0 16 0 10 11 49 57 33 28 8 42 0 0 237 0.0 19 0 23 24 101 104 52 38 7 53 0 s, 0 106 0.0 B 0 7 12 39 47 28 24 4 17 1 r 0 127 0.0 4 0 16 10 46 61 19 19 12 40 0 90 0.0 5 0 9 11 41 36 5 29 4 23 0 0 58 0.0 7 0 7 5 26 9 11 20 6 4 0 0 40 0.0 0 0 3 1 15 12 6 22 1 6 1 0 171 0.0 11 0 12 9 69 67 40 26 8 66 0 7B 69 88.5 1 0 4 3 31 34 9 11 3 35 0 28349. 18774 66.2 1710 35 1355 1693 7004 5803 2586 6867. 808 4215 47 N ,s 78 4282 Stitt 281 6 359 471 1485 1939 767 757 203 1342 10 28427 23056 81.1 1991 41 1714 2164 8489 1142 3353 7624 1011 5557 57 '--------- - - -- -- C O L U M N L E 6 E N D -- --------- —_- D: MBR CITY COUNCIL 6: MBR CITY COUNCIL J: NBR CITY COUNCIL SAN LUIS OBISPO SAN LUIS OBISPO SAN LUIS OBISPO DAVID ALLEN JEFFREY JOHN LYBARGER DODIE WILLIAMS E: MBR CITY COUNCIL H: HER CITY COUNCIL K: MBR CITY COUNCIL SAN LUIS OBISPO SAN LUIS OBISPO SAN LUIS OBISPO ALLEN K. SETTLE BRENT PETERSEN Nritein Votes F: NBR CITY COUNCIL 1: NBR CITY COUNCIL L: LUIS OBISPO SAW iiii . OBISPO DAVE ROM RICMIE".16* IKKER SAN LUIS OBISPO COUNTY GENERAL ELECTION !1 -3 -92 CITY OF SAN LUIS OBISPO - MEMBER. CITY COUNCIL Page 10. R E C A P Voters Trnout Pct A B C D E F 6 H I J K TOTAL DIST 1 SUPERVISOR 0 0 - - -- 0.0 -- - --- -- 0 - - -- 0 - -- --- 0 - - - - -- 0 - -- - -- 0 - - - - -- 0 - -- - -- 0 -- - --- 0 --- --- 0 - - - - -- - 0 - - - -- 0 TOTAL DIST 2 SUPERVISOR 1055 984 93.3 53 0 70 57 337 . 480 124 239 17 379 1 TOTAL DIST 3 SUPERVISOR 15411 12734 82.6 IOB7 26 986 1376 4491 4557 1894 3549 682 3299 24 TOTAL DIST 4 SUPERVISOR 1477 1304 88.3 61 3 108 144 373 602 243 249 51 509 3 TOTAL DIST 5 SUPERVISOR 10484 8034 76.6 790 12 550 581 3286 2103 1092 3587 .255 1370 29 TOTAL VOTERS 28427 23056 81.1 1991 41 1714 2164 8489 7742 3353 7624 1011 5557 57 CONGRESSIONAL DIST 22 28427 23056 81.1 1991 41 1714 .2164 8489 7742. 3353 7624 1011 5557 57 STATE SENATOR DIST 18 28427 23056 81.1 1991. 41 1714 2164 8489 7742 3353 7624 1011 5557 57 ASSEMBLY DISTRICT 33 26427 23056 81.1 1991 41 1714 2164 8489 7742 3353 7624 1011 5557 57 CITY OF ARROYO GRANDE 0 0 010 0 0 0 0 0 0 0 0 0 0 0 CITY OF GROVER CITY 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 CITY OF MORRO BAY 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 CITY OF PASO ROBLES 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 CITY OF SAN LUIS OBISPO 28427 23056 81.1 1991 41 1714 2164 8489 7742 3353 7624 1011 5557 57 CITY OF PISMO BEACH 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 CITY OF ATASCADERD 0 0 0.0 0 0 0 0 0 0 0 0 0 0 0 UNINCORPORATED 0 0 0.0 0. 0 0 0 0 0 0 0 0 0 0 ABSENTEES PCT TOTALS 78 4282 ttttt 281 6 359 471 1485 1939 767 757 203 1342 10 TOTAL VOTERS 28427 23056 81.1 1991 41 1714 2164 8489 7742 ' 3353 7624 1011 5557 57 A: NOR CITY COUNCIL SAN LUIS OBISPO Blank Votes 8: MBR CITY COUNCIL SAN LUIS OBISPO Over Votes C: MBR CITY COUNCIL SAN LUIS OBISPO DAVID R. FRIEND --- ---= -=- ----- C O L U M N L E 6 E N D --- - - - - -- D: MBR CITY COUNCIL 6: MBR'CITY COUNCIL J: MBR CITY COUNCIL SAN LUIS OBISPO SAN LUIS OBISPO, SAN LUIS OBISPO DAVID ALLEN JEFFREY JOHN LYBARGER DDDIE WILLIAMS E: MBR CITY COUNCIL H: MDR CITY COUNCIL K: MDR CITY COUNCIL SAN LUIS OBISPO SAN LUIS OBISPO SAN LUIS OBISPO ALLEN K. SETTLE BRENT PETERSEN Writein Votes F: MBR CITY COUNCIL l: MBR CITY COUNCIL L: SAN LUIS OBISPO SAN LUIS OBISPO • DAVE ROMERO RICHIE RAY WALKER L CERTIFICATE OF THE COUNTY CLERK RESULTS OF CANVASS OF ALL VOTES CAST AT THE GENERAL ELECTION NOVEMBER 3, 1992 CITY OF SAN LUIS OBISPO MEASURE "H" STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) EXHIBIT dtlitf I, FRANCIS M. COONEY, County Clerk- Recorder of the County of San Luis Obispo, do hereby certify that pursuant to law I did canvass the returns of the votes cast at the above referenced election in said City on November 3, 1992, and that a xerox copy of the Statement of Votes Cast (the original of which is on file in the Office of the County Clerk) to which this certificate is attached, "shows the number of votes cast in said City for and against said Measure "H ", and that the totals shown for and against said Measure "H" in said City, and in each of the respective precincts therein, are full, true and correct. MEASURE "H ": "Shall Resolution 8001 authorizing the execution and delivery of a Water Supply Agreement and Water Treatment and Local Facilities Agreement and authorizing certain other actions for participation in the State Water Project be repealed ?" WITNESS, my hand and Official Seal this � day of November, 1992. i FRANCI M. COONEY, unty Clerk -R order �i SAN LA OBISPO COUNTY GENERAL ELECTION 11 -3 -92 MEASURE H - REFERENDUM STATE PATE= Paae 52. 1 Precinct -------- ---- -- ---- =- - -- Voters - -- - -- Trnout -- - - -- Pct ----- A B C D E F 6 H I J K 1 Precinct Number CN064 1055 740 - 70.1 - - -- -- 56 - - -- 0 - --- -- - 325 - -; -- - ----- ---- --= - -- --- - -- - - ---- - --- -- -- -- - -- 357 Precinct Number CN065 946 577 61.0 65 0 296 216 Precinct Number CN066 982 644 65.6 48 1 309 284 Precinct Number CN067 975 628 64.4 45 0 296 281 Precinct Number CN06B 753 461 61.2 21 1 241 197 Precinct Number CN069 1085 735 67.7 73 1 399 260 Precinct Number CN070 1112 757 68.1 60 0 428 269 Precinct Number C9071 987 685 69.4 73 0 406 206 Precinct Number CN072 924 594 64.3 61 0 331 201 Precinct Number CR073 990 681 68.8 59 1 377 245 Precinct Number CR074 . 722 452 62.6 35 0 216 201 Precinct Number CN075 900 574 63.8 55 3 275 241 Precinct Number CN076 787 498 63.3 50 0 229 217 Precinct Number CN077 810 555 68.5 65 0 272 219 Precinct Number CN078 908 632 69..6 50 0 '323 258 Precinct Number CN019 903 626 69.3 63 0 273 290 Precinct Number CNOBO 791 531 67:1 47 0 24 240 Precinct Number CN081 836 589, 70.5 42 0 283 264 Precinct Number CN096 982 677 68.9 39 0 29B 340 Precinct Number CN097 495 367 74.1 15 0 162 190 Precinct Number CN145 1094 767 90.1 99 0 413 255 Precinct Number CNI46 1048 697 66.5 99 0 372 225 Precinct Number CN147 980 616 62.9 58 1 318 139 Precinct Number CN148 911 487 53.5 35 0 265 188 Precinct Number CN149 982 638 65.0 84 0 322 232 Precinct. Number CN150 880 593 67.4 51 0 331 210 Precinct Number CNI51 .1248 B50 68.1 132 0 434 263 Precinct Number CM152 1259 803 63.8 126 0 422 255 F Precinct Number CN153 1045 676 64.7 86 0 X584 206 Precinct Number CN154 959 644 67.2 53 1 370 219 Absentee Number ABS064 0, 244 0.0 13 1 92 136 Absentee Number ABSO65 0 178 0.0 21 0 69 88 Absentee Number ABS066 0 183 0.0 22 0 67 94 Absentee Number ABSOb7 0 231 0.0 .23 0 76 131 Absentee Number ABS068 0 161 0.0 9 0 52 120 Absentee Number ABS069 0 150 0.0 5 1 75 69 Absentee Number ABS070 0 127 0.0 13 0 61 52 Absentee Number ABS071 0 90 0.0 9 0 49 32 Absentee Number ABS072 0 93 0.0 10 0 43 40 A: CITY MEASURE N CITY OF SLO REFERENDUM Blank Votes : B: CITY MEASURE H : CITY OF SLO REFERENDUM : Over Votes ---= -- - -- -- C O L U M N L E 6.E N D - -- - - -- -- --------------- D: CITY MEASURE N 6; J: CITY OF SLO REFERENDUM NO E: H: C: CITY MEASURE H F: : CITY OF SLO REFERENDUM YES SAN LUIS OBISPO COUNTY GENERAL ELECTION 11 Precinct Voters Trnout Pct --- --- ----- -- ----- -- -- -- - -- --- ------ - -- -- Absentee Number ABS073 0 113 0.0 Absentee Number ABS074 0 140 0.0 Absentee Number ABS075 0. 167 0.0 Absentee Number ABS076 0 187 0.0 Absentee Number ABS077 0 99 0.0 Absentee Number ABS078 0 113 0.0 Absentee Number ABS079 0 124 0.0 Absentee Number ABS080 0 209 0.0 Absentee Number ABS081 0 130 0.0 Absentee Number ABS096 0 174 0.0 Absentee Number ADS097 0 86 0.0 Absentee Number ABS145 0 85 0.0 Absentee Number ABS146 0 132 0.0 Absentee Number ABS147 0 148 0.0 Absentee. Number ABS148 0 237 0.0 Absentee Number ABS149 0 106 0.0 Absentee Number ABS150 0 127 0.0 Absentee Number ABS151 0 90 0.0 Absentee Number 4BS152 0 58 0.0 Absentee Number ABS153 0 40 0.0 Absentee Number ABS154 0 171 0.0 Absentee Number SL524 78 69 88.5 ==? Precinct Totals 28349 18774 66.2 Absentee Totals 78 4282 4tli1 Total Votes 28427 23056 81.1 3 -92 MEASURE V - REFE A B C - -- --- -- - --- - ----- 27 0 50 5 0 54 12 0 66 16 0 59 4 0 44 5 n 48 17 0 42 5 2 80 13 0 58 13 ry 70 1 0 34 10 0 39 17 1 68 9 1 72 19 0 104 7 0 51 8 0 59 11 0 51 11 0 31 3 0 20 8 2 89 4 1 22 1848 9 9614 340 13 1797 2188 22 11411 RENDUM STATE WATER Page 52. 2 D E F 6 H I i K - --- - - - --- - - --- --- - -- -- -- --- -- - ---- 46 81 ° 88 112 51 60 65 122 59 87 50 35 46 66 114 48 60 31 16 17 72 41 7294 2129 9423 -------------- --- --- --------- ----- ----- - - -- -- C O L U M N L E 6 E M D A: CITY MEASURE H D: CITY MEASURE H 6: d: CITY OF SLO REFERENDUM CITY OF SLO REFERENDUM Blank Votes NO B: CITY MEASURE H E: H: Kr CITY OF SLO REFERENDUM Over Votes C: CITY MEASURE H F: I: CITY OF SLO REFERENDUM L. YES "---------------- ------- ------ ---- -- -=-=- -•----- C 0 L U M N- L E G E N D A: CITY MEASURE H CITY OF SLO REFERENDUM Blank Votes B: CITY MEASURE H CITY OF SLO REFERENDUM Over Votes C: CITY MEASURE H CITY OF SLO REFERENDUM YES D: CITY MEASURE n 6: J: CITY OF SLO REFERENDUM NO E: H: F: SAN LUIS OBISPO COUNTY GENERAL ELECTION 11 -3 -92 MEASURE H - REFERENDUM STATE WATER Pane 52. R E C A P Voters Trnout Pct A B C D E F 6 H 1 J, K TOTAL DIST 1 SUPERVISOR 0 --- 0 0.0 ------ ----- 0 0 0 - - - --- 0 - --- -- ------ - - - - -- - ----- --- - -- -- - --- - - - -- - -- -- TOTAL DIST 2 SUPERVISOR 1055 994 93.3 71 1 417 493 TOTAL DIST 3 SUPERVISOR 15411 12734 82.6 1118 10 6193 5405 TOTAL DISC 4 SUPERVISOR 1477 1304 88.3 68 4 564 667 TOTAL DIST 5 SUPERVISOR 10484 8034 76.6 931 7 4237 2858 TOTAL VOTERS 28427 23055 A1.1 .2188 22 11411 9423 CONGRESSIONAL DIST 22 28427 23056 81.1 2188 22 11411 9423 STATE SENATOR DIST 18 28417 23056 81.1 2188 22 11411 9423 ASSEMBLY DISTRICT 33 28427 23056 81.1 2188 22 11411 9423 CITY OF ARROYO GRANDE i 0 0.0 0 0 0 1) CITY OF 6ROVER JTY 0 0 0.0 0 e0 0 0 CITY OF MORRO BAY 0 0.0 0 0 0 0 CITY OF PASO ROBLES t 0 0.0 0 0 0 0 CITY OF SAN LUIS OBISPO 28427 23056 81.1 2188 22 11411 9423 CITY OF PISMO BEACN 0 0 0.0 0 0 0 0 CITY OF ATASCAOERO 0 0 0.0 0 6 0 0 UNINCORPORATED 0 0 0.0 0 0 0 0 ABSENTEES PCT TOTALS 75 4282 ttttt 340 13 1797 2129 TOTAL VOTERS 28421 23056 81.1 2.188 22 11411 9423 "---------------- ------- ------ ---- -- -=-=- -•----- C 0 L U M N- L E G E N D A: CITY MEASURE H CITY OF SLO REFERENDUM Blank Votes B: CITY MEASURE H CITY OF SLO REFERENDUM Over Votes C: CITY MEASURE H CITY OF SLO REFERENDUM YES D: CITY MEASURE n 6: J: CITY OF SLO REFERENDUM NO E: H: F: r. RESOLUTION NO. 8099 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL TRACT MAP FOR VESTING TENTATIVE TRACT MAP NO. 1827 LOCATED AT THE SOUTHWESTERN CORNER OF FLORENCE AVENUE AND BUSHNELL STREETS (2175 FLORENCE AVENUE) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the subdivider's request, staff recommendations and reports thereon, found that the one -year time extension is justified. SECTION 2. Action. That Vesting Tentative Tract Map No. 1827 is granted a one -year time extension to November 21, 1993, subject to the original findings and conditions, as specified in City Council Resolution No. 6723. On motion of Council Member Settle seconded by Council Member Romero and On the following roll call vote: AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES: None ABSENT: None R -8099 Resolution No. 8099 Page 2 the foregoing resolution was passed and adopted this 15th day of December 1 1992. Mayor Peg Pinard ATTEST: ty Clerk Diane Gladwell APPROVED: -4e�e� 4z;,n= City Administrative Officer /� a wo�--IMU W Community Development Director u RESOLUTION NO. 8098 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO AND THE CITY OF SAN LUIS OBISPO FOR THE STONERIDGE II ANNEXATION (SID COUNTY ANNEXATION #39) BE IT RESOLVED by the Council of the City of San Luis Obispo, that: WHEREAS, in the case of a jurisdictional change which will alter the service area or responsibility of a local agency, Revenue and Taxation Code Section 99(b) requires that the amount of property tax revenue to be exchanged, if any, and the amount of annual tax increment to be exchanged among the affected local agencies shall be determined by negotiation; and WHEREAS, when a city is involved, the negotiations are conducted between the City Council and the Board of Supervisors of the County; and WHEREAS, Revenue and Taxation Code Section 99(b) requires that each local agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated exchange or property tax revenues, if any, and annual tax increment and requires that each local agency transmit a copy of each such resolution to the Executive Officer of the Local Agency Formation Commission; and WHEREAS, no later than the date on which the certificate of completion -of the jurisdictional change is recorded with the-County Recorder, the Executive Officer shall notify the County Auditor of the exchange of property tax revenues by transmitting a copy of said resolution to him and the R -8098 0 Resolution No.8098 (1992 Series) Page 2 County Auditor shall therefore make the appropriate adjustments as required by law; and WHEREAS, the negotiations have taken place concerning the transfer of property tax revenues and annual tax increment between the County of San Luis Obispo and the City of San Luis Obispo pursuant to Section 99(b) for the jurisdictional change designated as Annexation No. 39 to the City of San Luis Obispo (Stoneridge II); and WHEREAS, the negotiating parties, to wit: Paul Hood, Principal Administrative Analyst, County of San Luis Obispo, and Ken Hampian, Assistant City Administrative Officer, have negotiated the exchange of property tax revenue and annual tax increment between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax increment be consummated. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows: 1. That the recitals set forth above are true, correct, and valid. 2. That the City of San Luis Obispo agrees to accept the following negotiated exchange of property tax revenues and annual tax increment: Resolution No. 8098 (1992 Series) Page 3 (a) Property tax revenues in the amount of $ 0 shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo in the fiscal year 1993 -94. (b) Annual tax increment in an amount to be determined by the County Auditor, based upon the following percentage agreed to by the negotiating parties, 17.120965 percent, shall be transferred from the County of San Luis Obispo to the City of San Luis Obispo in the fiscal year 1993 -94 and each fiscal year thereafter. 3. Upon receipt of a certified copy of this resolution and a copy of the recorded certificate of completion, the County Auditor shall make the appropriate adjustments to property tax revenues and annual tax increments as set forth above. 4. That the City Clerk is authorized and directed to transmit a certified copy of the resolution to the executive Officer of the San Luis Obispo Local Agency Formation commission, who shall then distribute copies in the manner prescribed by law. On motion of Council Member. Settle seconded by Council Member Roalman the following roll call vote: , and on AYES: Council Members Settle, Roalman, Rappa, Romero and Mayor Pinard NOES: None ABSENT: None Resolution No.8098 (1992 Series) Page 4 the foregoing resolution was passed and adopted this 1st day of December , 1992. Mayor Peg Pi rd ATTEST: v,VL. Cit erk Di ne lV ell APPROVED: City A inistrative Officer p^ �� RESOLUTION N0. 8097 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2094 LOCATED AT 3450 BULLOCK LANE (John Mitchell & Roland Ball - Subdividers) WHEREAS, the City Council made certain findings concerning Tract No. 2094 as contained in Resolution No. 8002 (1992 Series), and WHEREAS, all conditions required per said resolution have been met or are guaranteed by Letters of Credit on file, and the final map is in substantial conformity with the approved tentative map. NOW THEREFORE BE IT RESOLVED, that the final map for Tract No. 2094 is hereby approved and the open -space and public pedestrian easement is hereby accepted. On motion of Council Member Settle seconded by Council MdTber Roalman and on the following roll call vote: AYES: Council Members Settle, Roalman, Rappa, Romero and Mayor Pinard NOES: 'None ABSENT: None the foregoing Resolution was passed and adopted this f; December 1992. MAYOR p 4 Pinard ATTEST: C$T CLERK lane G adwell 1st day of R -8097 Resolution No. Page Two. APPROVED: City Adm nistra Y tt n�eCyy maPQ Community Devel City Y gineer jkt/=94 -final by (1992 Series) ve Officer t Director -00 r RESOLUTION NO809(g992 SERIES) RESOLUTION OF THE CITY COUNCIL OF.THE CITY OF SAN LUIS OBISPO SUPPORTING THE RETENTION OF $8.00 IN STATE MANDATED COURT FILING FEES TO FUND THE COSTS OF ALTERNATIVE DISPUTE RESOLUTION SERVICES PROGRAMS We, the undersigned members of the City Council of San Luis Obispo, hereby petition the San Luis Obispo County Board of Supervisors as follows: WHEREAS, there exists in our community a need for alternative dispute resolution leading to a more efficient judicial system and a less litigious and more harmonious society; and WHEREAS, the undersigned wish to further the cause of peaceful resolution of disputes in our country and promote greater access to the legal system for those of middle and lower incomes; NOW, THEREFORE, we petition the San Luis Obispo County Board of Supervisors to adopt a resolution retaining in San Luis Obispo County $8.00 of the state mandated filing fee to be utilized pursuant to the Garamendi Act of 1986, B & P § 465, to fund alternative dispute resolution services programs for San Luis Obispo County. Upon motion of Council Member Settle Council Member Roalmari and on the following roll call vote: seconded by AYES: Council Members Settle, Roalman, „Rappa, Romero and Mayor Pinard NOES: None ABSENT: None Page 2 RESOLUTION NO.8095 (1992 SERIES) The resolution was adopted this 1st day of December , 1992. ATTEST: Condon, Assistant City Clerk APPROVED: ity A inistrative Officer dh \$8.res MAYOR EG PINARD Eff-'alm/lawl i � � I� ��s� city of san Us osispo Resotution of APPRCoAtion 95 (1992 Series) EXPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO COUNCIL MEMBER PEG PINARD FOR HER DEDICATED SERVICE TO THE CITY AND ITS CITIZENS WHEREAS, Peg Pinard has served the City as Council Member from December 1987 to December 1992, a term of five years, serving as Vice -Mayor from December 1988 through January of 1990; and WHEREAS, Peg has served the City in a variety of positions including Architectural Review Commissioner 1985 through 1987; the City Personnel Board member from August 1979 through April 1983, the City Fair Election Committee, and has served as Council Subcommittee Liaison to a variety of City boards, committees and commissions; and WHEREAS, Peg has been active in the community in a variety of organizations and committees including the San Luis Obispo County Historical Society, the League of Women Voters, National Trust Member, Peace Corps Volunteer, and Co- founded the Old Town Neighborhood Association; and WHEREAS, Peg has given generously of her time, effort and ability to address the concerns of the citizens of San Luis Obispo, and made outstanding contributions of long tern benefit to the City; and WHEREAS, Peg's special sensitivity to the needs and concerns of community members, and her desire to provide assistance to them, has made her a caring and an effective representative of the City; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo, that the City hereby expresses it grateful appreciation to Council Member Peg Pinard for her many years of dedicated service to the citizens of San Luis Obispo. Council Member Council Member On motion of Rnnna , seconded by Reiss and on the following roll call vote: AYES: Council Members Rappa, Reiss, Roalman and Mayor Dunin NOES: None ABSENT: Council Member Pinard the foregoing Resolution was passed and adopted this 30th day of November, 1992. R. GladwelY, City C n Dunin, Mayor city of san tins osispo Resotution of A No. 8094 (1992 Series) E_ XPRESSING THE CITY'S GRATITUDE AND APPRECIATION TO COUNCIL MEMBER JERRY M. REISS FOR HIS DEDICATED SERVICE TO THE CITY AND ITS CITIZENS WHEREAS, Jerry Reiss has served the City as Council Member first elected December 1987 to November 1992, a term of five years, serving as Vice -Mayor from January 1990 to December 1990; and WHEREAS, Jerry has served the City in a variety of positions including Architectural Review Commissioner from 1977 through 1981, Planning Commissioner from 1981 through 1987 and as Council Subcommittee Liaison to a variety of City boards, committees and commissions; and WHEREAS, Jerry has been active in the community in a variety of organizations and committees including the San Luis Obispo County Historical Society, the San Luis Obispo Economic Opportunity Commission, and the California Consortium for Prevention of Child Abuse; and WHEREAS, Jerry has given a great amount of time; effort and ability to address the concerns of the citizens of San Luis Obispo, and made outstanding contributions of long term benefit to the City government; and WHEREAS, In consideration of the community's health and well- being, Jerry developed and brought to fruition one of the toughest no- smoking ordinances in the country and is a powerful advocate of civic action to promote community health; WHEREAS, Jerry s quick wit has allowed us all to keep perspective and has earned big laughs in the Council Chambers; and WHEREAS, Jerry has a long standing concern for the effectiveness of City services, and the economy of the City government; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, that the City hereby expresses it grateful appreciation to Council Member Jerry Reiss for his many years of dedicated service to the citizens of San Luis Obispo. Council.Member Council Member On motion of Rappa seconded by Pinard , and on the following roll call vote: . AYES: council Members Pinard, Rappa, Roalman, and Mayor Dunin NOES: None ABSENT: Council Member Reiss the foregoing Resolution was passed and ,Dime R. ty this 30th day of November 1992. , Mayor -- - ----.� R -8094 112,10 r RESOLUTION NO. 8093 (1992 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO.. AUTHORIZING ACQUISITION OF PROPERTY, THE EXPENDING OF FUNDS THEREFOR, THE DESIGNATION OF PERSONNEL TO ACCEPT DEEDS AND GRANTS ON BEHALF OF THE CITY AND THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS RE: / 1019 -23 Broad Street (Spradlin) WHEREAS, California Code of Civil Procedure, Ti a VII of Part 31 Sections 1230.020, 1240.010, 124010; and 1240.110, and Sections 37350.5, et sea., of the Government Cod of the State of California authorizes the City of San Luis Obis to exercise the power of eminent domain for the purposes of aking property or property interests necessary to carry out any f the City's powers or functions; and WHEREAS, the public inter acquisition of a portion of the ra as 1019 -2.3 Broad Street, San Luis use, namely for a public park, i access purposes, as part �Qf facilities; and X and ,necessity• require the prop ty hereinafter described sp , California, for a public ng pedestrian walkways and City's park and recreation WHEREAS, G. D. Spradli ( einafter "Owner ") is the record owner of the property to b c red, herein described as a portion of 1019 -23 Broad Street,' n is Obispo, California; and WHEREAS, the City of Luis Obispo is authorized to exercise the power of eminent(80 for the purpose of taking such property by virtue of Govern Code Section 37350.5 and Code of Civil Procedure Sego -Li � 020, 1240.010, 1240.020 and 1240.110; and WHEREASI, r t to the Code of Civil Procedure, Section 1245.235, noti opportunity to be heard was given to the person shown on last equalized county assessment role as the owner; and WHEREAS, ursuant to Government Code Section 7267.2 the owner of record w offered just compensation for the real property hereinafter escribed, and provided with a proper Appraisal Summary Statement; and AS, the Project was designated and approved after extstudy and public consultation to be located in the mostdus area of the City and in such a way as to impair and obs little private property as possible and to provide ac the San Luis Creek area. Seen -8150 R -8093 Resolution No. 8093 (1992 Series) Page Two WHEREAS, on January 2, 1980 by Resolution No. 4067 this Council certified the Final Environmental Impact Report for the Mission Plaza Extension Project pursuant to State and City laws; and WHEREAS, on May 14, 1981 by Resolution No. 4484, this Council certified that the Project was compatible with land use plans of surrounding jurisdictions; and WHEREAS, on July 22, 1981 the Planning Commission of the City of San Luis Obispo determined that the land acquisition for the Project was consistent with the General Plan; and WHEREAS, on June 15, 1982 by Resolution No. 4866, this Council approved and determined that this Project is consistent with the City's General Plan, in particular the Park and Recreation Element of the General Plan; and WHEREAS, after public noticed hearing on January 2, 1980, and pursuant to the certified Environmental Impact Report, this Council conceptually approved the design and plans of the Project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, San Luis Obispo County, California, as follows: 1. That the portion of the real property situated at 1019 -23 Broad Street, San Luis Obispo, California, to be acquired herein is described on Exhibit "A" attached hereto and incorporated by reference, a diagrammatic illustration of the parcel of real property and that portion to be acquired herein; 2. The public interest and necessity require the acquisition, construction, completion and implementation of the Mission Plaza Extension Project; said Project is a public park project, a public use, and that portion of the property described as 1019 -23 Broad Street, San Luis Obispo, California, as set forth in the attached Exhibit "A ", is to be taken for such public use; 3. The public,interest and necessity require the acquisition of that portion of the real property described above and on Exhibit "A" and the taking of said real property described above and on Exhibit "A" and the taking of said real property and all interests is necessary for the construction, completion and operation of the Project, and it is hereby directed that said real property and interests described above is to be acquired by the City of San Luis Obispo, California, by eminent domain proceedings as hereinafter set forth; Resolution No. 8093 (1992 Series) Page Three 4. Said Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; that said Project will provide a pedestrian walkway and access for, inter alia, creek maintenance, thus benefiting the general public; 5. That the statutory offer required by Government Code Section 7267.2 has been made to the owner of record; 6. The City Attorney and the City Administrative Officer are authorized and directed to perform all acts necessary on behalf of the City for the acquisition of said interest in real property, and said City Attorney and City Administrative are further authorized to instruct Special Condemnation Counsel HERMAN H. FITZGERALD and /or CHRISTINE C. FITZGERALD to prepare, institute, and prosecute to conclusion on behalf of this City, a proceeding in eminent domain, or any such proceedings as may be required for the acquisition of the property described above which cannot be acquired through negotiation and purchase and to do any and all other things in connection with such proceedings as in his /her judgment may be necessary or convenient to the successful conclusion of said proceeding or proceedings; 7. The City Administrative Officer is hereby authorized to expend funds available to the City for the acquisition of the said real property and interests; S. The City Administrative Officer is hereby individually authorized and directed to consent to and accept, on behalf of the City, all deeds and grants conveying any interest in the property as hereinabove described; 9. The City Administrative Officer is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of the County of San Luis Obispo. It may thereafter be referred to in any acceptance by any of the officers or agents referred to herein with the same effect as though a certified copy of this Resolution were attached to the document accepted. UPON MOTION of Council Member Roalman , seconded by _ Council Member Pinard , and on the following roll call vote: Ayes: Council Members Roalman, Pinard, Reiss, and Mayor Dunin Noes: None Absent: Council Member Rappa Resolution No. 8093 (1992 Series) Page Four the foregoing Resolution was adopted this 17th day of November 1992. MAYOR RON DUNIN ATTEST: c 1 Clerk biane tladwell APPRO B— O FORM: City inistrative Officer ;Zvja� � 7/ i At or sH C4 .,�. •' 1.• �'. _ 7y r K7r : ♦ •• ` •q\ `•S '.`y (a / •1 { ' h. of .,1 I�I I'I. 1�'IM �_!rLj 1 •` \. ♦ •lA fA pi fa 6 21 po Ja Sl i It r it r ' "� :' +�;.�`? � ����� :(� Vie-• % .,,; ," h = � � _j 'j � - (► dal, '� '' - " ( i it .~I" �' �t� \� ` �- �/�•�^�':�.. 'I,- � i�,. ` a_ I t CT PC En � ter•_ . �• �j � t'+'f S .• { I �: � Via , .• � � ® z a 3 '• 2 • EXHIBIT "Atl ��� �� �� `- �. ��1���� �"�� C Q ��,� ��� ,.�� �� �:: _. ;, w .," ;; .y f:: �' i.l~ �� r s � ,. rs ��i .YO :: �bp��� 4� RESOLUTION NO. 8092 (1992 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACQUISITION OF PROPERTY, THEE %PENDING OF FUNDS THEREFOR, THE DESIGNATION OF PERSONNEL TO ACCEPT DEEDS AND GRANTS ON BEHALF OF THE CITY,AND THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS RE: 679 Monterey Street (Miller /Walter) WHEREAS, California Code of Civil Procedure, *Title VII of Part 3, Sections 1230,20, 1240.010, 1240,020, and 1240.110, and Sections 37350.5, et sect., of the Government Code of the State of California authorizes the City of San Luis Obispo to exercise the power of eminent domain for the purposes of taking property or property interests necessary to carry out any of the City's powers or functions; and WHEREAS, the public interest and necessity require the acquisition oZ a portion of the real property hereinafter described as 679 Monterey Street, San Luis Obispo, California, for a public use, namely for a public park, including pedestrian walkways and access purposes, as part of the City's park and recreation facilities; and WHEREAS, Peter C. Miler, Rosemary D. Miller and William S. Walter (hereinafter "Owner ") are the record owners of the property to be acquired, herein described as a portion of 679 Monterey Street; San Luis Obispo, California; and WHEREAS, the City of San Luis Obispo is 'authorized to exercise the power of eminent domain for the purpose of taking such property by virtue of Government Code Section 37350.5 and Code of Civil Procedure Sections 1.230.020, 1240.010, 1240.020 and 1240.110; and WHEREAS, pursuant to the Code of. Civil Procedure, Section 1245.235, notice and opportunity to be heard. was given to the person shown on the last equalized county assessment role as the owner; and WHEREAS, pursuant to Government Code Section 7267.2 the owner of record was offered just compensation for the real property hereinafter described, and provided with a proper Appraisal Summary Statement; and WHEREAS, the Project was designated and approved after extensive study and public consultation to be located in the most advantageous area of the City and in such a way as to impair and obstruct as little private property as possible and to provide access to the San Luis Creek area. R -8092 Resolution No. 8092 (1992 Series) Page Two WHEREAS, on January 2, 1980 by Resolution No. 4067 this Council certified the Final Environmental. Impact Report for the Mission Plaza Extension Project pursuant to State and City laws; and WHEREAS, on May 14, 1981 by Resolution No. 4484, this Council certified that the Project was compatible with land use plans of surrounding jurisdictions; and WHEREAS, on July 22, 1981 the Planning Commission of the City of San Luis Obispo determined that the land acquisition for the Project was consistent with the General Plan; and WHEREAS, on June 15, 1982 by Resolution No. 4866, this Council approved and determined that this Project is consistent with the City's General Plan, in particular the Park and Recreation Element of the General Plan; and WHEREAS, after public noticed hearing on January 2, 1980, and pursuant to the certified Environmental Impact Report, this Council conceptually approved the design and plans of the Project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of. the City of San Luis Obispo, San Luis Obispo County, California, as follows: 1. That the portion of the real property situated at 679 Monterey Street, San Luis Obispo, California, to be acquired herein is described on Exhibit "A" attached hereto and incorporated by reference, a diagrammatic illustration of the parcel of real property and that portion to be acquired herein; 2. The public interest and necessity require the acquisition, construction, completion and implementation of the Mission Plaza Extension Project; said Project is a public park project, a public use, and that portion of the property described as 679 Monterey St., San Luis Obispo, California, as set forth in the attached Exhibit "A ", is to be taken for such public use; 3. The public interest and necessity require the acquisition of that portion of the real property described above and on Exhibit "A" and the taking of said real property described above and on Exhibit "A" and the taking of said real property and all interests is necessary for the construction, completion and operation of the Project, and it is hereby directed that said real property and interests described above is to be acquired by the City of San Luis Obispo, California, by eminent domain proceedings as hereinafter set forth; Resolution No. 8092 (1992 Series) Page Three 4. Said Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; that said Project will provide a pedestrian walkway and access for, inter alia, creek maintenance, thus benefiting the general public; 5. That the statutory offer required by Government Code Section 7267.2 has been made to the owner of record; 6. The City Attorney and the City Administrative Officer are authorized and directed to perform all acts necessary on behalf of the City for the acquisition of said interest in real property, and said City Attorney and City Administrative are further authorized to instruct Special Condemnation Counsel HERMAN H. FITZGERALD and /or CHRISTINE C. FITZGERALD to prepare, institute, and prosecute to conclusion on behalf of this City, a proceeding in eminent domain, or any such proceedings as may be required for the acquisition of the property described above which cannot be acquired through negotiation and purchase and to do any and all other things in connection with such proceedings as in his /her judgment may be necessary or convenient to the successful conclusion of said proceeding or proceedings; 7. The City Administrative Officer is hereby authorized to expend funds available to the City for the acquisition of the said real property and interests; 8. The City Administrative Officer is hereby individually authorized and directed to consent to and accept, on behalf of the City, all deeds and grants conveying any interest in the property as hereinabove described; 9. The City Administrative Officer is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of the County of San Luis Obispo. It may thereafter be referred to in any acceptance by any of the officers or agents referred to herein with the same effect as though a certified copy of this Resolution were attached to the document accepted. UPON MOTION of Council Member Roalman , seconded by _ Council Member Pinard , and on the following roll call vote: Ayes: Council Members Roalman, Pinard, Reiss,..and Mayor Dunin Noes: None Absent: Council Member Rappa Resolution No. 8092 (1992 Series) Page Four the foregoing Resolution was adopted this 17th day of November , 1992. OR RON DUNIN ATTEST: a�� D gjefy Clerk Dian Gladwell APPROV FORM: ity A inistrative Officer .,--� � I I/ :.,.,:y� .•;rte:,. • •_ { IL ivsss, O m O 40 so 0 LA ro .� � ► / / / //�..i Ill, /i �.iJ, .\ / • , M V N rG to I{ {III• l•w a1�17•' } ` O ;/ ;y� CJS �i O OI °— TFi•: • . J:�' °.A.r.r„A. �' . • � •Z. !Kr �, •� t . CD j 10 I _ __ •• 4 J r m m W � � '.IIIi II T. '' A(f� v w- ;� � �'��� fa�. •1 •,r i V/ 1 II L. i ' � • riA... •,., a a a • C.r Ic - I �ji.r � ,�_. ••.'.y: . �� � r ��� .cam �„, �. ,;. � � ,�� �t� � ,�� is � � :!' �- ii• ', Q -- 111! PC rn 1 a �? i \ .-- -Z�--' ^•�,• -•ate_ .. t y `' Y I 7e i EXHIBIT "A" Ap 6 RESOLUTION NO.. 8091 (1992 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACQUISITION OF PROPERTY, THE E %PENDING OF FUNDS THEREFOR, THE DESIGNATION OF PERSONNEL TO ACCEPT DEEDS AND GRANTS ON BEHALF OF THE CITY AND THE INSTITUTION OF EMINENT DOMAIN PROCEEDINGS RE: 667 Monterey Street (Vargas) WHEREAS, California Code of Civil Procedure, Ti a VII of Part 31 Sections 1230.020, 1240.010, 1240,020, and, 1240.110, and Sections 37350.5, et sea., of the Governmen/Obio of the State of California authorizes the City of San Luis to exercise the power of eminent domain for the urposes ing property or property interests necessary to cay out ahe City's powers or functions; and WHEREAS, the public in acquisition of a portion of t e as 667 Monterey Street, San L use, namely for a public parr access purposes, as part i facilities; and a necessity require the rty hereinafter described California, for a public ing pedestrian walkways and City's park and recreation WHEREAS, Kathy Varg(A einafter "Owner ") is the record owner of the property to c ired, herein described as a portion of 667 Monterey Stree S is Obispo, California; and WHEREAS, the C n Luis Obispo is authorized to exercise the power of mine o a'`for the purpose of taking such property by virtue f e m Code Section 37350.5 and Code of Civil Procedure ecti 1 .020, 1240.010, 1240.020 and 1240.110; and WHE AS nt to the Code of Civil Procedure, Section 235, not a nd opportunity to be heard was given to the n shown o e last equalized count assessment role as the 1245. perso y owner; and WHEREAS .pursuant to Government Code Section 7267.2 the owner of record s offered just compensation for the real property hereinaft 'described, and provided with a proper Appraisal Summary Statemen .• and EREAS, the Project was designated and approved after cte ive study and public consultation to be located in the most 1v tageous area of the City and in such a way as to impair and 3 truct as little private property as possible and to provide „cess to the San Luis Creek area. r R -8091 Resolution No. 8091 Page Two (1992 Series) WHEREAS, on January 2, 1980 by Resolution No. 4067 this Council certified the Final Environmental Impact Report for the Mission Plaza Extension Project pursuant to State, and City laws; and WHEREAS, on May 14,1981 by Resolution No. 4484, this Council certified that the Project was compatible with land use plans of surrounding jurisdictions; and WHEREAS, on July 22, 1981 the Planning Commission of the City of San Luis Obispo determined that the land acquisition for the Project was consistent with the General Plan; and WHEREAS, on June 15, 1982 by Resolution No. 4866, this Council .approved and determined that this Project is consistent with the City's General Plan, in particular the Park and Recreation Element of the General Plan; and WHEREAS, after public noticed hearing on January 2, 1980, and pursuant to the certified Environmental Impact Report, this Council . conceptually approved the design and plans of the Project; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo, San Luis Obispo County, California, as follows: 1. That the portion of the real property situated at 667 Monterey Street, San Luis Obispo, California, to be acquired herein is described on Exhibit "A" attached hereto and incorporated by reference, a diagrammatic illustration of the parcel. of real property and that portion to be acquired herein; 2. The public interest and necessity require the acquisition, construction, completion and implementation of the Mission Plaza Extension Project; said Project is a public park project, a public use, and that portion of the property described as 667 Monterey St., San Luis Obispo, California, as set forth in the attached Exhibit "A ", is to be taken for such public use; 3. The public interest and necessity require the acquisition of that portion of the real property described above and on Exhibit "A" and the taking of said real property described above and on Exhibit "A" and the taking of said real property and all interests is necessary for the construction, completion and operation of the Project, and it is hereby directed that said real property and interests described above is to be acquired by the City of San Luis Obispo, California, by eminent domain proceedings as hereinafter set forth; Resolution No. 8091 (1992 Series) Page Three 4. Said Project is planned and located in the manner that will be most compatible with the greatest public good and the least private injury; that said Project will provide a pedestrian walkway and access for, inter alia, creek maintenance, thus benefiting the general public; 5. That the statutory offer required by Government Code Section 7267.2 has been made to the owner of record; 6. The City Attorney and the City Administrative Officer are authorized and directed to perform all acts necessary on behalf of the City for the acquisition of said interest in real property, and said City Attorney and City Administrative are further authorized to instruct Special Condemnation Counsel HERMAN H. FITZGERALD and /or CHRISTINE C. FITZGERALD to prepare, institute, and prosecute to conclusion on behalf of this City, a proceeding in eminent domain, or any such proceedings as may be required for the acquisition of the property described above which cannot be acquired through negotiation and purchase and to do any and all other things in connection with such proceedings as in his /her judgment may be necessary or convenient to the successful conclusion of said proceeding or proceedings; 7. The City Administrative Officer is hereby authorized to expend funds available to the City for the acquisition of the said real property and interests; 8. The City Administrative Officer is hereby individually authorized and directed to consent to and accept, on behalf of the City, all deeds and grants conveying any interest in the property as hereinabove described; 9. The City Administrative Officer is hereby authorized and directed to record a certified copy of this Resolution in the Office of the County Recorder of the County of San Luis Obispo. It may thereafter be referred to in any acceptance by any of the officers or agents referred to herein with. the same effect as though a certified copy of this Resolution were attached to the document accepted. UPON MOTION of Council Member Roalman seconded by _ Council Member Pinard , and on the following roll call vote: Ayes: Council Noes: None Absent: Council Members Roalman, Pinard, Reiss, and Mayor Dunin Member Rappa Resolution No. 8091 (1992 Series) Page Four the foregoing Resolution was adopted this 17th day of November 1992. OR RON DUNIN mATTEST: �� � 9 C Clerki Diane Madwell eH K CD ts 10 CD r V LA W m i 1t C O m N V v > ! �,� r��l r,r1 .y. •, '• ~• O - • Vii' '. - 40 a LA 00 N N � � � .... •,V� k..t .a �,` • •f��, \�\ � ` a / I . .� V N N W ..7 ji j � � ♦� NgN�m rA PC I i s• �•� J.��'�:.i \� • '� r mss: , 4 •� �: -��= � tl � v it � \ ., h.. = •. � -.� 4' l a 1''52 ♦� I L .. .. - I , • ��.'`��- r._.•••• A�..'a�— - .. t •' "�` - 11� • �__ _.�.. �••... • ♦ 3 y { ;t EXHIBIT "A" Ivi 40- ew Igoe 4640i. e RESOLUTION NO. 8090 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S ACTION CONTINUING A REZONING REQUEST AT 604 AND 690 HENDERSON, THEREBY DIRECTING THE APPLICANT TO RETURN TO THE PLANNING COMMISSION (PD 144 -92) BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this council, after consideration of public testimony, the applicant's request to rezone property PD 144 -92, the Planning Commission's action to continue the request, and staff recommendations and reports thereon, makes the following findings: 1. The Planning Commission acted appropriately in continuing the request; because there was not adequate information available to make a decision. 2. The Planning Commission's action did not delay the project unnecessarily. SECTION 2. Appeal denied. The appeal of the Planning Commission's action is hereby denied, and the applicant is hereby directed to return to the Commission for further review and a recommendation. On motion of Council Member Roalman seconded by Council Member Pinard , and on the following roll call vote: AYES: Council Members Roalman,Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: Couricil-.Member Rappa the foregoing resolution was passed and adopted this 17th day of November , 1992. R -8090 Resolution No. 8099 (1992 Series) PD 144 -92: 604 and 690 Henderson Avenue ayor Ron Dunin ATTEST: Lffppm %`i - i� m i %_ %i +' APPROVED: City A inistrative Officer ��' �a� � - �� z3��v .�\ �� RESOLUTION NO. 8089 (1992 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL ADOPTING A FEE CREDIT FOR PERMITS TO STRENGTHEN UNREINFORCED MASONRY BUILDINGS WHEREAS, the City of San. Luis Obispo's Municipal Code authorizes the establishment of various fees for delivery.of . municipal services; and WHEREAS, the City of San Luis Obispo's Municipal Code requires that owners of unreinforced masonry buildings cause a structural analysis to be conducted of the building; and WHEREAS, the City of San Luis Obispo encourages the reduction of hazards associated with buildings of unreinforced masonry construction; and . WHEREAS, the City of San Luis Obispo desires to provide a financial incentive for strengthening unreinforced masonry buildings; and WHEREAS, it is in the public interest and serves an important municipal purpose to provide such an incentive for the strengthening of unreinforced masonry buildings by establishing a credit to be applied to certain city fees for the costs of said structural analysis; and WHEREAS, the City Council held a noticed public hearing concerning this fee credit on November 17, 1992. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby establishes a credit to be applied to the fees for an architectural review application, plan review, and /or building permit for strengthening or replacing an unreinforced masonry building, subject to the following: A. The work is in accordance with the adopted unreinforced masonry building strengthening provisions; B. The amount of the fee credit shall be limited to the total documented cost to provide the engineering analysis required by the administrative provisions of the Uniform Code for Building Conservation or the combined architectural application, plan review, and Building Permit fees, whichever is less; C. The amount of the fee credit shall not be applicable to M: :1: Resolution No. $��� (1992 Series) Page 2 work undertaken in conjunction with the strengthening project which creates additional floor area; D. The amount of the fee credit may be applied to a new building project which will replace an existing unreinforced masonry building and shall be applicable to all work involved; E. The costs associated with the structural analysis are reasonable and appropriate, subject to approval by the building official. Upon motion of Council Member Reis§ seconded by Council Member Pinard and on the following role call vote: AYES: Council Members Reiss, Pinard, Roalman, and Mayor Dunin NOES: None ABSENT: Council Member Rappa the foregoing resolution was adopted this 17thday of November ,1992. r on Dunin ' ATTEST: I- �2� <34�� i e Gladwell City Clerk _••;90 City A inistrative Officer Fierce Director Director of Oghmqx�ity Development of BuildiAcr official (�D C�. 0 r r J RESOLUTION NO 088(1992 SERIES) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SUBMITTAL OF A BICYCLE LANE ACCOUNT APPLICATION TO CALTRANS FOR BICYCLE LANE IMPROVEMENTS ON MADONNA ROAD WHEREAS, the City of San Luis Obispo ( "City") supports bicycling as a form of transportation that decreases congestion, air pollution and energy consumption; and WHEREAS, the City has identified a project on Madonna Road that would improve safety and fill an existing gap in the City's bike lane network; NOW, THEREFORE, be it resolved that the Council of the City of San Luis Obispo hereby authorizes the submittal of a Bicycle Lane Account application to Caltrans for the amount of $27,000 for bicycle lane improvements on Madonna Road. On motion of Council Member Reiss ,seconded by Council Member Pinard, and on the following roll call vote: AYES: Council Members Reiss, Pinard, Roalman, and Mayor Dunin NOES:. None ABSENT: Council Member Rappa the foregoing resolution was passed and adopted this 17th day of November . 1992. Mayor Ron Dunin ATTEST: r � �', /,% S I R -8088 { Page 2: Resolution 8088(1992 Series) City A trative Officer for LP oil, t � 8087 RESOLUTION NO. (1992 SERIES) A RESOLUTION ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND ANNUAL TAX INCREMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE COUNTY OF SAN LUIS OBISPO WHEREAS, completion of the Broad Street Annexation is one of the City Council's highest priorities for Fiscal Years 1991 -93; and WHEREAS, in the case of a jurisdictional change other than a city incorporation or district formation which will alter the service area or responsibility of a local agency, Revenue and Taxation Code Section 99(b) requires that the amount of property tax revenue to be exchanged among the affected local agencies shall be determined by negotiation; and WHEREAS, when a city is involved, the negotiations are conducted between the City Council and the Board of Supervisors of the County; and WHEREAS, Revenue and Taxation Code Section 99(b) requires that each local agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree to accept the negotiated exchange of property tax revenues, if any, and annual tax increment and requires that each local agency transmit a copy of each such resolution to the Executive Officer of the Local Agency Formation Commission; and WHEREAS, no later than the date on which the certificate of completion of the jurisdictional change is recorded with the County Recorder, the Executive Officer shall notify the County Auditor of the exchange of property tax revenues by transmitting a copy of said resolutions to him and the County Auditor shall thereafter make the appropriate adjustments as required by law; and R -8087 Page 2 RESOLUTION N0.8087 (1992 SERIES) WHEREAS, the negotiations have taken place concerning the transfer of property tax revenues and annual tax increment between the County of San Luis Obispo and the City of San Luis Obispo pursuant to Section 99(b) for the jurisdictional change designated as Annexation No. 38 to the City of San Luis Obispo (Broad Street); and WHEREAS, the negotiating parties have negotiated the exchange of property tax revenue and annual tax increment between such entities as hereinafter set forth; and WHEREAS, it is in the public interest that such negotiated exchange of property tax revenues and annual tax. increment be consummated'. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: 1. That the recitals set forth above are true, correct and valid. 2.. That the City of San Luis Obispo agrees to accept the following negotiated exchange of property tax revenues and annual tax increment: a. The County will retain all of the existing property tax base in Tax Rate Area 112 -083 and 112 -085 (Broad Street Annexation area). b. The County of San Luis obispo will transfer 17.120965 percent in increments to the City of San Luis Obispo in the newly created Tax Rate Area. This represents the average increment received by the City in all of its other tax rate areas. C. An adjustment will be made in Tax Rate Area 003 -008 to transfer from the City of San Luis Obispo to the County of San Luis Obispo a total base Page 3 RESOLUTION NO.8087 (1992 SERIES) amount of $21,000. The allocation factor in this Tax Rate Area will be adjusted accordingly. d. The City of San Luis Obispo will receive all sales tax revenues after the effective date of the annexation. 3. Upon receipt of a certified copy of this resolution and a copy of the recorded certificate of completion, the County Auditor shall make the appropriate adjustments to property tax. revenues and annual tax increments as set forth above. 4. That the City Clerk is authorized and directed to transmit a certified copy of the resolution to the Executive Officer of the San Luis Obispo Local Agency Formation Commission, who shall then distribute copies in the manner prescribed by law. Upon motion of Councilmember Roalman seconded by Council Member Reiss and on the following roll call vote: AYES: Council Members Roalman, Reiss, and Mayor Dunin NOES: Council Member Pinard ABSENT: Council Member Rappa 1 the foregoing resolution was adopted this 17th day of November 1 1992. Page 4 RESOLUTION NO.8087 (1992 SERIES) qw� AYOR RON DUNIN ATTEST: Z No ry �G�7 � qt� � �. `V �� �� G� ����' ��� ?� . ..... RESOLUTION N0.8086 (1992 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBI_SPO APPROVING THE FINAL MAP FOR TRACT NO. 1750 (Units 1 & 2), ACCEPTING A DEED FOR ISLAY HILL PARK AND AN'OPEN -SPACE EASEMENT FOR ISLAY HILL (Rob Rossi, Subdivider)' WHEREAS, the City Council made certain findings concerning Tract 1750 as contained in Resolution No. 6874 (1990 Series), and WHEREAS, a grant deeds for "Islay:Hill Park" (fee title) and an open =space easement for "Islay.Hill" have been offered by the Subdivider, and WHEREAS, a covenant to guarantee future installation of standard frontage improvements and utilities along the Orcutt Road frontages of the Islay Hill open -space lot (Lot 5) and remainder parcel has been submitted, and WHEREAS, all other conditions required per Resolution No. 6874 (1990 Series) for Units 1& 2 of said Tract No. 1750 have been met and /or will be guaranteed under a Subdivision Agreement (attached Exhibit "A") and acceptable.surety to guarantee Faithful Performance ($ 1,966,500) and Labor & Materials ($ 983,250), and /or are conditions of building permits. The surety shall be submitted on, or before, February 10, 1993, or this resolution shall become null and void. The final map shall not be recorded until submittal and approval of the surety, to the satisfaction of the City Attorney. NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for Tract No. 1750 (Units 1 & 2) and the Mayor is hereby authorized to approve the Subdivision Agreement and to accept the deeds for Islay Hill Park and the Islay Hill open -space easement on behalf of the City. R -8086 Resolution No. 8086 (1992 Series) Page Two On motion of Council Member Rappa, seconded by Council Member Reiss and on the following roll call vote: AYES: Council Members Rappa, Reiss, Roalman, and Mayor Dunin NOES: Council Member Pinard ABSENT: None the foregoing Resolution was passed and adopted. this 10th day of November, 1992. ATTEST: Y CLEjkK D 4 GLADWELL VII APPROVED AS TO FORM: APPROVED: dm nistrative Officer Community Dev went Director City EEnqineer A z Finance Director P: \WP51 \DReview \T1750 \FinalMap.wp MAYOR RON DUNIN Cp .� .� k� �� �� ��4�,a �� .; ,� EXHIBIT "A" SUBDIVISION AGREEMENT THIS AGREEMENT is dated this 10th day of November by and between Robin L. Rossi, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on the Final Map of Tract 1750, Units 1 and 2, City of San Luis Obispo, California, as approved by the City Council on the 10th day of November , 19 92 The Subdivider desires that said Tract No. 1750, Units 1 and 2, be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore TERMS AND CONDITIONS: • In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit:. 1. CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 1 I � � 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 eighteen (18) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. 2 The Subdivider does also agree to comply with the conditions established by the Planning Commission and /or the City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California. The Subdivider shall submit an instrument of credit or bond approved by, and in favor of the city of San Luis Obispo, as security for the performance of this agreement, and conditional upon the faithful performance of this agreement. Such security shall be submitted on or before February 10, 1993 and is a prerequisite to recordation of the final map. Failure to provide such security shall terminate this agreement and the final map approval shall become null and void. Said instrument of credit or bond shall be in the amount of $1,966,500.00, which is the amount of the estimated cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. 3 r� n r Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept. said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and materials bond in the amount of 50% of the above described subdivision improvements in accordance with State law. Said Subdivider has paid the sum of $36,000.00, from which fee the City will pay the salary and expenses of an inspector or inspectors to inspect installation of said subdivision improvements, and for labor and material costs by City to install signs and striping within the public right -of -way as appropriate and certify that they have been completed in accordance with the plans and specifications. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. M It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO MAYOR RON DUNIN X "'VCLEtAK 'DIANE PLADWELL APPROVED AS TO FORM: 5 y / EXHIBIT 1 TRACT 1750 SUBDIVISION AGREEMENT 1. Subdivider shall pay a fee of $10,000 for intersection controllers (or alternative) prior to Final Map approval, per Condition 7 of Resolution 6874 (1990 series). 2. The Subdivider has bonded for a creek protection and restoration plan, per Condition 11 of Resolution 6874 (1990 series), As described Oct 6, 1992 and Oct 7, 1992 letters, the Subdivider and the City agree that this work can be best performed after the results of the Turtle Study are available. The study is underway, and the work called for by the Condition can be completed within the time limits for improvements under this Subdivision Agreement. 3. The Subdivider has bonded for planting of the creek banks adjacent to the turtle habitat area, per Condition 11 of Resolution 6874 (1990 series). As described Oct 6, 1992 and Oct 7, 1992 letters, the Subdivider and the City agree that this work can be best performed after the results of the Turtle Study are available. The study is underway, and the work called for by the Condition can be completed within the time limits for improvements under this Subdivision Agreement. 4. The Subdivider has elected to initiate the Turtle Study called for in Condition 14, of Resolution 6874 (1990 series), and is funding the on -going effort. 5. The Subdivider has bonded for revegetation of Tract 1376 Creek Banks in accordance with the Creek Treatment Concepts Plan approved as part of the tentative map, per Condition 16 of Resolution 6874 (1990 series). As described Oct 6, 1992 and Oct 7, 1992 letters, the Subdivider and the City agree that this work can be best performed after the results of the Turtle Study are available. The study is underway, and the work called for by the Condition can be completed within the time limits for improvements under this Subdivision Agreement. 6. The Subdivider has paid a sewer lift station fee for Rockview -Tank Farm sewer lift station of $3,417.67 (8.66 acres x $131.55 x 3), per Conditions 20 and 22 of Resolution 6874 (1990 series). 7. The Subdivider has paid water acreage fees of $17,320.00 (8.66 acres x $2,000 /acre) prior to recordation of the final map, per Condition 22. of Resolution 6874 (1990 series). 8. The Subdivider is dedicating on the Final Map and, concurrently by separate document (Grant Deed), lot 4 of the Final. Map (10.76 acres) in fee simple to the City for the Islay Hill Park site and adjacent creek areas, per Conditions 18 and 36 of Resolution 6874 (1990 series). L 9. The dedication of the 10.76 acre park site fulfills the purpose of park -in =lieu fees for the entire Islay area, and no future development within the Islay area (Tract 1750) will be charged park -in -lieu fees. 10. Upon recordation of the Final Map, the City will return to the property owner (Subdivider) existing park -in -lieu fees currently on file for the Islay Hill Park ($57,451.68 originally paid with Tract 1376, plus any applicable interest earned). 11. Upon completion and acceptance of the Park Improvements, the City will return to the Subdivider, funds currently on file for construction of the Islay Hill Park, previously paid by the property owners through escrows under Tract 1376. 12. The Subdivider agrees to construct the Islay Hill Park improvements in its entirety within this phase, as allowed in Condition 35 of Resolution 6874 (1990 series). Surety has been posted to guarantee the construction, as noted on Exhibit 2. Therefore, the $750 per dwelling unit to be collected through escrow (prescribed in Condition 35) will not be collected. 13. The Subdivider has offered an "early" dedication of the Islay Hill Open Space, as allowed by Condition 38 of Resolution 6874 (1990 series), and is dedicating on the Final Map and, concurrently by a separate document (Easement Agreement) an Open Space Easement. for Islay Hill, Lot 5 of the Final Map, in partial compliance with Condition 38 of Resolution 6874 (1990 series). 14. The Subdivider has provided a $7,500.00 payment or.aeceptable surety to the City for future trail construction, maintenance or improvement of the Islay Hill Open Space as needed per Condition 38 of Resolution 6874 (1990 series). 15. The Subdivider has made the notification regarding water shortages for all lots on the Final Map, per Condition 42. of Resolution 6874 (1990 series): 16. The Subdivider has prepared Covenants, Conditions and Restrictions (CC &R's) for lots 1 and 2 of the Final Map, per Condition 44 of Resolution 6874 (1990 series). 17. Through a separate agreement with the Housing Authority of San Luis Obispo, The Subdivider has established sale and resale controls for 23 affordable housing units within Lots 1 and 2 of the Final Map, administered by the Housing Authority, per Condition 45 of Resolution 6874 (1990 series). 18. The Subdivider agrees to offer for sale or other mutually agreeable arrangement, Lot 3 of the Final Map to the Housing Authority, as described in a letter of intent (Exhibit 3), per Resolution 6874 (1990 series). 19. The Subdivider agrees to install a bus shelter for a transit stop on Tank Farm Road, per Condition 47 of Resolution 6874 (1990 series). 7 20. The Subdivider shall pay a monumentation guarantee of $4,500.00 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said deposit will be released to the Subdivider upon receipt by the City of a letter from the Engineer /Surveyor indicating he has completed the work and has been paid. 21. The Subdivider shall obtain approval by the Architectural Review Commission, and Building permits for the Park improvements, including Restroom, Bridge, Play equipment etc, prior to any construction of Park facilities. 22. Pursuant to Government Code Section 66474.9, the Subdivider shall defend, indemnify and hold harmless the City and /or its agents, officers and employees from any claim, action, or proceeding against the City and /or its agents, officers or employees to attack, set aside, void, or annul, the approval by the City of this subdivision, Tract 1750, and .all actions related thereto, including but not limited to environmental review and adoption of Ordinance No. 1179 (PD 1449 -B). 23. The Subdivider has agreed to Install Orcutt Road improvements when required by the City, according to a concurrently recorded separate document (Covenant to Install Public Improvements upon request of City). No Return Fees A. To be returned upon recordation 1. Existing park -in -lieu fees $ 57,451.68' 011 - 0010 - 013 -020 (Paid for Tr 1376) B. To be returned upon acceptance of improvements 1. Existing Park development fund $ 98,250.00'•2 (1312 Lots x $750 /Lot - Tr 1376) ' Plus any applicable interest. 2 To be verified. 3 Total includes $13,600 paid on 10/28/92 and balance previously paid. Total check amount is $87,837.67 (Check #106) Heritage Oaks Bank. J -' EXHIBIT 2 TRACT 1750 FEE AND BOND LIST "Bonds" - Improvements: Amount Form /Surety Received 1. Faithful Performance (required prior to recordation) 100% Public Improvements & 15% Infl. & Contingency Park Construction $ 816,500.00 Orcutt Road Widening $ 92,000.00 Ironbark_ Road Extension $ 368,000.00 On -Site Improvements $ 598,000.00 Creek Design & Improvements $ 92,000.00 TOTAL $1,966,500.00 2. Labor & Materials (required prior to recordation) 508 of Faithful Performance Park Construction $ 408,250.00 Orcutt Road Widening $ 46,000.00 Ironbark Road Extension $ 184,000.00 On -Site Improvements $ 299,000.00 Creek Design & Improvements $ 46,000.00 TOTAL $ 983,250.00 3. Monumentation Trust Deposit $ 4,500.00 CD #64053 10/28/92 Account No. Fees - (paid with final map) A. Sewer Lift Station Fee $ 3,417.67 052 - 0017 - 074 -030 10/28/92 8.66 AC x $394.65/Ac B. Water Acreage Fees $ 17,320.00 050- 0017 - 071 -020 10/28/92 8.66 Ac x $2,000 /Ac C. Islay Hill Trail Fee $ 7,500.00 011- 0015 - 058 -120 10/28/92 D. Opticom Device $ 10,000.00 001 - 0015- 045 -080 10/28/92 10/28/92 E. Plan Checking and Inspection Fees 10/08/92 1. Plan Checking Fee $ 22,393.113 001 - 0015- 046 -010 04/15/92 2. Construction Inspection Fee $ 36,000.00 001 - 0015- 048 -030 10/28/92 F. Map Checking Fee $ 5,350.00 Paid 4/13/92 Return Fees A. To be returned upon recordation 1. Existing park -in -lieu fees $ 57,451.68' 011 - 0010 - 013 -020 (Paid for Tr 1376) B. To be returned upon acceptance of improvements 1. Existing Park development fund $ 98,250.00'•2 (1312 Lots x $750 /Lot - Tr 1376) ' Plus any applicable interest. 2 To be verified. 3 Total includes $13,600 paid on 10/28/92 and balance previously paid. Total check amount is $87,837.67 (Check #106) Heritage Oaks Bank. J LF /1 RESOLUTION NO. 8085 (1992 Series) RESOLUTION OF THE CITY OF SAN LUIS OBISPO IN SUPPORT OF THE COUNTY OF SAN LUIS OBISPO IN ESTABLISHMENT OF A CENTRAL COAST RECYCLING MARKET DEVELOPMENT ZONE WHEREAS, AB 939 (Sher) requires that each city and county reduce the waste stream by 25% by 1995, and by 50% by the year 2000; and WHEREAS, Recycling and market development are key activities in developing an action plan to successfully accomplish the statutorily required solid waste diversions; and WHEREAS, The State of California has established a program under Title 14, Chapter 4, Resource Conservation Programs, Article 1. Market Development Programs that provides for the establishment of Recycling Market Development Zones; and WHEREAS, The County of San Luis Obispo, the County of Santa Cruz, the County of San Benito, the County of Monterey, and the Cities. of Watsonville and Hollister intend to make joint application for the formation of a Central Coast Recycling Market Development Zone (CCRMDZ); and WHEREAS, The designation of a CCRMDZ dedicated to the expansion of secondary materials business enterprises will be beneficial for market development region -wide; and WHEREAS, the City of San Luis Obispo desires establishment of such a regional CCRMDZ; and WHEREAS, The City of San Luis Obispo finds that the designation as a Recycling Market Development Zone is necessary in order to assist in attracting private sector recycling investments to the area; NOW, THEREFORE, BE IT RESOLVED, that the City of San Luis Obispo does hereby support the application for and development of a Regional Central Coast Market Development Zone and will complete actions stated in the City- approved application which will apply to the City of San Luis Obispo. R -8085 RESOLUTION NO. 8085 Page 2 Upon motion of Council Member Roalman seconded by Council Member Rappa and on the following roll call vote: AYES: Council Members Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 10th day of November , 1992 ayor Ron in ATTEST: g i e Gla ell, t-Aty Clerk APPROVED: City Ad inistrative Officer 1 At or y 11N,11 _tv /� j RESOLUTION NO.8084(1992 SERIES) A RESOLUTION AUTHORIZING THE APPLICATION FOR STATE OF CALIFORNIA RIDESHARE GRANT WHEREAS, Rideshare funding allows for the purchase of transit coaches to enhance transit service; and WHEREAS, the City accepts the lead in applying for this grant; and WHEREAS, the City of San Luis Obispo is the hub of the consolidated regional transit system and transit is a priority service of the City Council; and WHEREAS, all funds identified in the project application are committed to the project by the eligible applicant; and WHEREAS, Transportation Development Act funds will be used as the 10% grant match; and WHEREAS, if compressed natural gas is used as an alternate fuel, Southern California Gas has agreed to fund up to $7,500 of the cost; and WHEREAS, the City of San Luis Obispo has the management and financial ability to accept the legal liabilities associated with this project. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo approves the application for these Rideshare funds and asks that the Caltrans Rideshare approve our request and authorizes the Mayor to execute the documents. R -8084 a Page 2 Resolution Nogosa (1992 Series) Upon motion of Council Member Roalman , seconded by Council Member Rappa and on the following roll call vote: AYES: Council Members Roalman, Rappa, Pinard, Reiss; and Mayor Dunn NOES: None ABSENT: None the foregoing resolution was adopted this loth day of November 1992. ATTEST: APPROVED: City Admi istrative Officer hw \rehab.rpt �� ���� � � ���� ,� .. .. 4.- .4 � .�..�� , . � '. � .� 1 _ .. _ .. �, it RESOLUTION NO. 8083 (1992 SERIES) A RESOLUTION AUTHORIZING THE APPLICATION FOR STATE OF CALIFORNIA, TRANSIT CAPITAL IMPROVEMENT GRANT WHEREAS, the Transit Capital Improvement funding allows for the rehabilitation of transit coaches to enhance transit service; and WHEREAS, the City accepts the lead in applying for this grant from the San Luis Obispo Council of Governments; and WHEREAS, the City of San Luis Obispo is the hub of the consolidated regional transit system and transit is a priority service of the City Council; and WHEREAS, all funds identified in the project application are committed to the project by the eligible applicant; and WHEREAS, Transportation Development Act funds will be used as the 50% grant match; and WHEREAS, the City of San Luis Obispo has the management and financial ability to accept the legal liabilities associated with this project; and WHEREAS, the San Luis Obispo Council of Governments by resolution recommends that the City be approved in this application request. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo approves the application for these TCI funds and asks that the California Transportation Commission approve our request and authorizes the Mayor to execute the documents. R -8083 �1 Page 2 Resolution NcV83 (1991 Series) Upon motion of Council Member Roalman seconded by Council Member Rappa and on the following roll call vote: AYES: Council Members Roalman, Rappa, Pittard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this loth day of November , 1992. ATTEST: �Clerk Iharie /- dwell APPROVED: City Adm ristrative Officer me hw \rehab.rpt C 0 RESOLUTION NO. 8082 (1992 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF.SAN LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE CITY OF- SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT ZONE 9 WHEREAS, the City of San Luis Obispo is a participant in San Luis Obispo County.Flood Control District Zone 9; and WHEREAS, the City of San Luis Obispo is eligible for monies for designated repair and maintenance programs in the City creeks. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The certain Agreement attached hereto and incorporated herein by reference between the City of San Luis. Obispo and San Luis Obispo County Flood Control. District Zone 9 is hereby approved and the Mayor is authorized to execute the same. Council Member Council Member On motion of Roalman , seconded by Rappa , and on . the following roll call vote: AYES: Council Members Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None The foregoing Resolution was passed and adopted this 10th _ day of November, 1992. r ON DUNIN .ATTEST: U Wp/a.� A . %,//.. Y CL ERK s •� R -8082 m Resolution. No. 8082 (1992 Series) Page 2 (Zone 9 cont.) APPROVED: trative Officer Finance Public Works Director Streets Manager z9agr92 -3.wp k� �� o �� � C . !` 1�1 V l� l :� '� 0 T A- 119 -92 -CC AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 AND THE CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING PROGRAM, GIANT REED ERADICATION PROGRAM, AND STREAMBED IMPROVEMENT PROGRAM This Agreement entered into the .5k day o , 1992, between the San Luis Obispo County Flood C n rol and W er Conservation District, Zone 9 (hereinafter referre to as "Zone 9") and the City of San Luis Obispo (hereinafter referred to as "City "); W I T N E S S E T H WHEREAS, Zone 9 since its inception, has had a streambed, clearing program which encompasses the mainstreams of the San Luis Obispo Creek system; and WHEREAS, certain reaches of these streams lie within the City of San Luis Obispo; and WHEREAS, the City has also had a streambed clearance program; and WHEREAS, the program within the City of San Luis Obispo should be more economically performed if one agency accomplished the streambed clearance program; and WHEREAS, such a cooperative program was successfully carried out in the last several fiscal years; and WHEREAS, Zone 9 work has been accomplished with the cooperation of personnel from the California Conservation Corps; and WHEREAS, a continuation of the cooperative program between Zone 9 and the City could still involve the assistance of the California Conservation Corps; and WHEREAS, it is in the public interest that Zone 9 and the City understand and agree to the services to be performed by each with respect to the streambed clearing program; and WHEREAS, a growth of Giant Reeds in the Zone 9 watershed have, proved to be a flood control problem; and A- 119 -92 -CC WHEREAS, appropriate maintenance management leading to the control and /or eradication of the Giant Reed is necessary; and WHEREAS, it is in the public interest that Zone 9 and the City. cooperate on the needed Giant Reed control and /or eradication program; and WHEREAS, the Zone 9 Advisory Committee has considered small improvement projects for erosion control and flood control benefits; and WHEREAS, it is to the mutual benefit of the Flood Control Zone 9 and the City to cooperate on the needed small improvement projects; and WHEREAS, the 1992 -93 budget appropriation includes $61,000 for the streambed clearing program and $5,000 for the Giant Reed Eradication Program. WHEREAS, the 1992 -93 budget appropriates $150,000 for small improvement projects. NOW.. THEREFORE, in consideration of the mutual covenants, conditions, promises and agreements herein set forth, Zone 9 and City mutually covenant and agree as follows: STREAMBED CLEARING AND GIANT REED ERADICATION PROGRAM: 1. Zone 9 and City will accomplish streambed clearing within the San Luis Obispo Creek watershed with the City being responsible for the prompt and efficient execution of the entire program within the City limits and Zone 9 being responsible for the prompt and efficient execution of the. balance of the program in the unincorporated portion of the zone. 2. Zone 9 will provide funds to the City for the City to accomplish the Giant Reed control and /or eradication program within Zone 9. _J 3. The City shall be provided not more than $55,000 of the funds budgeted in Zone 9 in the 1992 -93 fiscal year for the streambed clearance program and an additional sum of not more than $2,000 for the Giant Reed control and /or eradication program. 4. Zone 9 will reimburse the City,, within the limits set forth in Paragraph 3 above, upon receipt of evidence of work performed on the basis of monthly statements submitted for payment. 5. All streambed maintenance work provided for by this agreement shall be done in accordance with the following provisions of the 1979 Memorandum of Understanding: "Work performed under this agreement will be conducted within the following streams: a. San Luis Obispo Creek b. Lower watershed of Laguna Lake, including Prefumo Creek but not Sycamore Creek C. Old Garden Creek to Foothill Boulevard d. Stenner Creek e. Brizziolari Creek Local drainage facilities such as subdivision drains, curbs, gutters and streets and minor drainage ways not listed above would be the responsibility of the jurisdiction within which boundaries the facility lies, or the responsibility of the private property owner if the facility is not publicly owned. The streambed maintenance work is envisioned to- generally involve_ removal of debris which adversely affects the capacity of the waterways or which might create a greater expense for its removal at a different location if moved by flood flows at a later date. It would also involve some streambed vegetation maintenance to maintain streambed capacity. It would not include streambed maintenance to the origin of each stream but primarily include the lower reaches of each stream system. It would not include abatement of flood hazards under the City's abatement ordinances. It is also understood that all streambed maintenance work will be performed under permit from the State Fish & Game. Permits for work inside the City limits shall be obtained by the City. Permits for work outside of the City limits shall be obtained by the County Flood Control Zone 9." 6. The streambed maintenance program is a flood control program and City shall use funds provided under this agreement for only that purpose. 7. Consistent with previous practices, there shall be an annual reconnaissance survey made by City and County within their respective jurisdictions of needed works and such shall be done reasonably before the rainy season in order that the needed streambed clearing program can be carried out prior to the rainy season with follow -up work done during the rainy season as appropriate. 8. For control of vegetation, principally willows, the streambed maintenance program may be accomplished with the use of State Fish & Game approved herbicides. 9. Within the City of San Luis Obispo, City shall be responsible for acquiring any landowner permission needed to accomplish the streambed clearing program. The City shall be responsible for acquiring any landowner permission to accomplish the Giant Reed control and /or eradication program. 10. The City shall act as the lead agency in complying with the California Environmental Quality Act for work done within the City limits. 11. Should the streambed clearing program within the City involve the abatement of nuisances, the removal of trees, or the like, such shall be performed in accordance with due process of law under the City's abatement ordinances or State law and shall be the sole responsibility of City. SMALL IMPROVEMENT PROJECTS PROGRAM: 12. Zone .9 shall provide funding up to an amount of $150,000 for the City to accomplish the following improvement projects program: a. Madonna Road Overpass @ San Luis Obispo Creek - Remove gravel from the concrete lined banks to restore to full flow capacity. Estimated cost $20,000. b. Prefumo Creek - Laguna Lake - ,Remove major silt and debris deposits at the point of creek discharge into Laguna Lake to open up the capacity of the channel. Estimated cost $50,000. C. Old Garden Creek @ Mountain View - Repair the floor in the culvert. Existing floor is failing. Estimated cost $25,000. d. Mission Trailer Park @ San Luis Obispo Creek - Remove obstructions & stabilize the banks that have encroached into the channel. Estimate cost $30,000. e. Upstream Detention Dam Study -. Study the feasibility of constructing a detention dam or dams on the upper San Luis Obispo Creek to lessen the flood hazard to the City & down stream property owners. Zone 9 to contribute one -half of the cost up to a maximum of $25,000. 13. City shall provide all design drawings and related services for the small improvement projects which are to be constructed and shall arrange for a consultant to perform the study for the detention dam(s) program. City shall also act as the lead agency in complying with the California Environmental Quality Act. 14. Zone 9 shall reimburse City for not more than $150,000 for said small improvement project program and any expenditures made by City in excess of that amount shall be paid at the sole expense of City. 15. Maintenance. City shall maintain all completed works at .no cost to Zone 9. 16. ownership and Liability. City shall assume ownership and liability for the completed works. GENERAL TERMS: 17. Term. This agreement will commence on July 1, 1992 and terminate on June 30, 1993. 18. Indemnification and Sole Conduct. Each party hereto shall defend, indemnify and save harmless the other party and other party's officers, agents and employees from and against all claims, demands, liability cost, expense, damages, causes of action, including but not limited to inverse condemnation and judgments arising out of the sole negligence or sole intentional acts of the party or its officers, agents or employees or independent contractors solely responsible to such party in performing or attempting to perform pursuant to the provisions of this agreement including both acts and. omissions to act. 19. Indemnification for joint conduct between Zone 9 and the City. The City shall defend, indemnify and save.- harmless County, and its officers, agents and employees from and against any and all claims, demands, liabilities, costs, expenses, damages, causes of action including but not limited to inverse condemnation and judgments arising out of the joint negligence or joint intentional acts of City and Zone 9 and their officers, agents, employees or independent contractors directly responsible to them in performing or attempting to perform pursuant to the provisions of this agreement including both acts and omissions and to act provided however that County shall be solely responsible for the amount of judgment rendered solely against the Zone 9 or one of its agents or employees if such judgment is specifically rendered in court finding of responsibility by Zone 9 or one of its agents or employees for an act of negligence and City shall not be required to indemnify Zone 9 for such judgment. Likewise City shall be solely responsible for any judgment rendered solely against it or its agents or employees which is based upon acts or omission by it or one of its agents or employees. 20. Zone 9 agrees to cooperate with City in the defense of any such claims or litigations. IN WITNESS WHEREOF Zone 9 and City have executed this contract on the day and year first hereinabove set fort. By SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT, Zone 9 of the Board of Supervisors APPROVED AS TO FORM AND LEGAL EFWCT: t JAMES B. LINDHOLM, JR. County Counsel By ' By: _ Date : (*L i `A Z.. Dated: ATTEST: dj \fcwcd9.agr.lno CITY OF SAN LUIS OBISPO i By: Mayor, Ron Dunin ATTEST: Clerk, Board of Supervisors Upon motion of Supervisor. Delany seconded by Supervisor Blakely and on the following roll call vote, to wit: AYES: -Supervisors Delany, Blakely,Laurent, Brackett, Chairperson Ovitt NOES: None ABSENT: None ABSTAINING:. None the foregoing resolution is hereby Adopted. HARRY L OVITT Chairman of the Board of Supervisors ATTEST: FRANCIS Mi. COONEY Clerk of tli— eBoard of Supervisors- c\dj\zone9.rsl.(j.mc STATE OF CALI FORINTIA, .County of San Luis Obispo, I ss. FRANCIS M. - COONEY ----------- - ---- County Clerk and ex-officio Clerk of the Board of Supervisors, in and for the County of San Lnis Obispo, State of California, do hereby certifv*the foregoing to be a full, true and correct copy of an order made by the Board of Supervisors, as the same appears spread upon their minute book. WITNESS my hand and the seal of said Board of Supervisors, affixed this -------- day of Jan ------ uary --- ,19__93 --------- FRANCIS M. COONEY -- (SEAL) Co ty Eark and Ex-Offido Clerk of the Board Of sup sore B JAW CD-M Deputy Clerk. RECEPY.970 FEB 2 - 1993 - CUvw�i, cl:uavccrtll�(�z DEPARTMENT IN THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA - -Tues -- day ------ - - - - -, 19_23 -- PRESENT: Supervisors Laurence L. Laurent, Evelyn Delany, Ruth Brackett, David Blakely, and Chairperson Harry L}.ovitt ABSENT. None RESOLUTION NO. 93 -02 RESOLUTION FOR COOPERATIVE EROSION CONTROL PROJECTS_ WITHIN THE CITY OF SAN LUIS OBISPO The following resolution is now offered and read: WHEREAS; the budget includes $361,638 for streambed clearance and small improvement projects; and WHEREAS, the Zone 9 Advisory Committee has considered.a number of projects recommended for construction within the City of San Luis Obispo; and WHEREAS, it is to the mutual benefit of the Flood_ Control Zone 9 and the City of San Luis Obispo to cooperate on the needed erosion . control projects. NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the Board of Supervisors of the County of San Luis Obispo County Flood Control and Water Conservation District, State of California, "and oii behalf of _. Flood. Control Zone 9 that the attached agreement calling for the cooperation between the City of San Luis Obispo County Flood Control Zone 9 in the construction of erosion control projects is hereby approved and the Chairman of the Board of Supervisors is. directed to execute said agreement on behalf of Flood Control Zone 9. RESOLUTION NO. 8081(1992 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FEES FOR USING THE COMMUNITY ROOM AND CONFERENCE ROOM AT THE CITY- COUNTY LIBRARY WHEREAS, it is the desire of the City of San Luis Obispo to recoup the costs associated with allowing the public to use the Community Room and Conference Room at the City - County Library; and WHEREAS, the City of San Luis Obispo has completed a comprehensive analysis to determine the costs associated with operating the Community Room and Conference Room; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the fees and definitions attached hereto as Exhibits 1 and 2 respectively, be instituted for using the Community Room and Conference Room at the City - County Library commencing on January 1, 1993. Upon motion of Council Member Rappa seconded by Mayor:.Dunin , and on the following roll call vote: AYES: Council Member Rappa, Mayor Dunin, Council Members Pinard, Reiss,, and Roalman NOES: None ABSENT: None the resolution was adopted this 20th day of ATTEST-I,,,, ; City CI c APPR AD- City A ministrative Officer dh \fee. res October 1992,, MAYOR RON DUNIN G' City of San Luis Obispo CITY /COUNTY LIBRARY ROOM USE Monday thru Friday 9:00 am to 5`.00 pm 0 to 3 hours 3 to 6 hours More than 6 hours Monday thru. Friday After 5:00 pm 0 to 3 hours More than 3 hours Weekends 0 to 3 hours 3 to 6 hours More than 6 hours NON - PROFIT GROUPS Conference Community Room Room No charge No charge $10.00 $25.00 $25.00 $50.00 $10.00 $25.00 $25.00 $50.00 $10.00 $25.00 $15.00 $50.00 $25.00 $100.00 FOR - PROFIT GROUPS Conference Community Room Room $25.00 $100.00 $25.00 $100.00 $50.00 $200.00 $25.00 $100.00 $25.00 $100.00 $25.00 $100.00 $25.00 $100.00 $50.00 $200.00 City and County of San Luis Obispo are exempt from fees. EXHIBIT 1 CITY OF SAN LUIS OBISPO CITY /COUNTY LIBRARY ROOM USE FEES The following definitions will be used for determining applicable rates for groups or individuals using the Community Room or Conference Rooms in the City - County Library: ■ Non -Profit - Any organization that possesses tax exempt status from the Internal Revenue Service or whose primary purpose for existing is community oriented (e.g., service organizations and recreational clubs) and not for the purpose of generating profits for itself. ■ For- Profit /Private Uses: (A) Any organization whose primary purpose for existing is to generate profits for itself, or (B) any private uses of the rooms for social purposes where the public is not invited to attend (e.g., private social parties or weddings). y7a1:11�� V' � . � �� v � �� � ��� j� S� �� 'U RESOLUTION N0.8080(1992 SERIES) A RESOLUTION APPROVING THE ANNUAL CLAIM FOR MONEY FROM THE LOCAL TRANSPORTATION FUND BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. To approve the 1992 -93 annual claim for local transportation funds. 2. To authorize the City Administrative Officer to execute the appropriate claim form. 3. To direct the City Clerk to forward one executed copy of the claim and a certified copy of this resolution to: San Luis Obispo Council of Governments County Government Center San Luis Obispo, CA 93408 On motion of Council Member Rappa seconded by Council Member Roalman and on the following roll call vote: AYES: Council Members Rappa, Roalman, Pinard, Reiss,.and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 20th day of October 1992. ATTEST: i Jerk lane GlAdwell AL;;� Finance Director hw \claim.rpt i . "Atto f e i :1:1 ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS CLAIM # TDA -SLO- 92_/_93 FISCAL YEAR 199 93 TO: San Luis Obispo Council of Governments County Government Center San Luis Obispo, CA 93408 FROM: CLAIMANT: CITY OF SAN LUIS OBISPO ADDRESS: CITY: CONTACT: P.O. BOX 8100 SAN LUIS OBISPO ZIP CODE: 93403 HARRY WATSON, TRANSIT MGR PHONE: 781 -7121 This claimant, qualified pursuant to Section 99203 of the Public Utilities Code, hereby requests, in accordance with Chapter 1400, Statutes of 1971, as amended and applicable rules and regulations, that an allocation be made for the purposes and in the respective amounts as described in the attached Project and Financial Plan claim form. a) Annual (LTF) Apportionment $ 776,262 1) Annual Bicycle /Ped. Apportionment $ 15,705 b) Annual (STA) Funds $ 3,767 1) Operator Revenues $ 3,767 2) Apportionment $ 0 TOTAL FUNDS BEING CLAIMED ARE $ 780,029 Claimant Signature: -� Title: C ADMINISTRATIVE. °OFFICER Date: October '27_ 1992 This claim was approved by San. Luis Obispo Council of Governments at their August 5, 1992 meeting, by Resolution No. 92 -13. Ronald L. De Carli, Executive Director Date c:\CWM3\ ... � 121 CD RESOLUTION NO. 8079 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF THE PLANNING COMMISSION'S ACTION AND APPROVING A REQUEST FOR A GUEST QUARTERS / WORK STUDIO TO BE CONSTRUCTED ABOVE A SEPARATE GARAGE AT 1857 CONEJO AVENUE. BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. That this Council, after consideration of public testimony, the applicants' request A 138- 92, the appellants' statements, and the Planning Commission's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed design will not be detrimental to the health, safety, and welfare of persons living or working in the vicinity. 2. The proposed design is consistent with Condition 1 of Use Permit U0914, as it pertains to Tract 940, of which the project site is a parcel. The condition states: Each lot may be developed with one single- family residence, subject to all applicable Zoning Ordinance and Building Code Regulations. 3. The proposed use conforms to the General Plan and the Zoning Ordinance. 4. The proposed use is categorically exempt from environmental review (CEQA Section 15303). SECTION 2. Conditions. A multi- structure residence is hereby approved, subject to the following conditions: R 8079 i� C' _J Resolution No.--.807 9 Page 2 1. The applicant shall submit a covenant to the community Development Department for review, approval, and recordation, which limits the density of the property to one dwelling unit, consistent with Use Permit U0914 and the Zoning Regulations. 2. The single- family residence shall be housed in no more than two structures. on motion of - Councilmember . Roalman. seconded by Councilmember Rappa and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Reiss, and Mayor Dunin NOES: Councilmember Pinard ABSENT: None the foregoing resolution was passed and adopted this 6th day of October 1992. ayor Ron Dunin ATTEST: Gladwe `6,ity Ad4inistrative Officer Community opment Director IV 0 t.40 RESOLUTION NO. 8078 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE PLANNING COMMISSION'S DECISION TO DENY AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S INTERPRETATION REGARDING RETAINING SUBSIDIZED HOUSING AT THE VILLAGE SENIOR HOUSING PROJECT LOCATED AT 55 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 public testimony, PD 1266 conditions of approval, the appellant's statements, and the Community Development Director's determination, determines that it is not necessary for the property owner of the Village to file a planned development amendment in order to withdraw from participation in a Section 8 rental subsidy program at the senior housing project, based on the following finding: 1. The original conditions of approval for Planned Development PD 1266 did not mandate that the property owner of the complex participate in low income or rental. subsidy assistance programs., 2. The City cannot require continued participation in programs voluntarily entered into by property owners at the Village. SECTION 2. Action /Condition. That this Council hereby denies the appeal of the Planning Commission's decision, upholding the Community Development Director's interpretation. On motion of Councilmember Roalman seconded by Councilmember Reiss and on the following roll call vote: R 8078 Resolution No. 8078 (1992 Series) Page 2 AYES: Councilmembers Roalman, Reiss, Pinard, and Mayor Dunin NOES: Councilmember Rappa ABSENT: None the foregoing resolution was passed and adopted this 6th day of October , 1992. ayor Ron Dunin ATTEST: c C y Clerk Diane Gladwell APPROVED: City Ad inistrative Officer m IN F ilro Community Develipment Director !R4 � �, RESOLUTION NO. 8077 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL OF THE COMMUNITY DEVELOPMENT DIRECTOR'S ACTION TO ISSUE A MITIGATED NEGATIVE DECLARATION FOR CREEK REPAIRS.PROPOSED ADJACENT TO LAGUNA LAKE MOBILE ESTATES LOCATED AT 1801 PREFUMO CANYON ROAD BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findincts. That this Council, after consideration of public testimony, the applicants' proposed creek repair plans, the appellants' statements, the Community Development Director's action, staff recommendations and reports thereon, makes the following findings: 1. The proposed creek repairs provide an environmentally - sensitive approach to stabilizing creek banks. 2. The proposed creek repairs will not have a negative impact on the environment with the incorporation of required mitigation measures. SECTION 2. Action/ Condition. That this Council hereby denies the appeal of the adequacy of the initial study of environmental impact, upholding the Community Development Director's decision to issue a Mitigated Negative Declaration, and approving proposed creek repairs with the following condition: 1. A public hearing before the City Council shall be held in six months to determine whether further creek repairs are needed. On motion of Councilmember Roalman seconded by call vote: Councilmember Reiss , and on the following roll R 8077 Resolution No.8077 (1992 Series) Page 2 n AYES: Councilmembers Roalman, Reiss, Pinard, and Rappa NOES: None ABSENT: Mayor Dunin the foregoing resolution was passed and adopted this 6th day of October 1992. r'" o unin ayor ATTEST: i Clerk Diane Gladwell APPROVED: U City Adoinistrative Officer i At or Community Devel/pment Director J Q k) L� 1 �� 0AE M �`� Recording requested by and when recorded mail to: City Clerk City of San Luis Obispo P. 0. Box 8100 San Luis Obispo, CA 93403 -8100 �1\ RESOLUTION NO. 8076 (1992 Series.) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO .FINDING AND DETERMINING THAT MILL STREETp BETWEEN NIPOMO STREET AND BROAD STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF PUBLIC UTILITY EASEMENTS AND OTHER CONDITIONS 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 October 61 1992, pursuant to Section 8300 et seq. of'the California Streets and Highways Code, this Council.finds and determines that Mill Street, between Nipomo Street and Broad Street, as described and shown on the map marked Exhibit "A ", attached hereto and incorporated herein, is not necessary for present or future public street purposes. . SECTION 2. This Council hereby orders the abandonment of said right -of -way subject to.: A. Reservation of an easement for public utilities over the entire 60 ft. wide right of way. B. Reservation of easements for public.sanitary sewer and water mains and appurtenances thereto, drainage, . emergency access and public pedestrian and bicycle purposes, over the abandoned right of way, as shown on the attached Exhibit "A ". R 8076 Resolution No. 8076 (1992 Series) Page Two. C. Recordation of a 20 ft. wide common.driveway easement agreement which provides for common driveway access in perpetuity to parcels formerly served by the right of way, to the satisfaction of the Community Development Director, D. Installation of standard frontage improvements (curb, gutter, sidewalk and driveway ramp) along with necessary drainage facilities, along the Broad Street frontage, to the satisfaction of the City Engineer. E. Installation of public drainage, pedestrian and bikeway improvements to the satisfaction of the Public Works and Community Development Directors. F. Recordation of lot line adjustment, via a Certificate of Compliance, which combines all lots of record, to the satisfaction of the Community Development Director. G. Items C. through F. must be met within one (1) year of this date. Otherwise, this resolution will expire and will be null and void. The easement reservations may be modified by the City Engineer (upon a determination by the City Engineer that the full easement reservation is not needed for various public easements and public access) prior to recordation of this resolution, subject to approval of plans and installation of such improvements that would allow for such modifications. SECTION 3. Upon notification by the City Engineer that the conditions prescribed in Section 2 have been met, the City Clerk �I Resolution No. 8076 (1992 Series) Page Three 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 Councilmember Rappa, seconded by Mayor Dunin , and on the following roll call vote, AYES:. Councilmember Rappa, Mayor Dunin, and Councilmember Reiss NOES: Councilmember Roalman ABSENT: Councilmember P.inard the foregoing Resolution was passed and adopted this 6th day of October , 1992. t MAYOR RON IN EST: t C T CLERK DkANECCZADWELL APPROVED AS TO • 11 ty 4dmi;-i"tive Officer ity Dov4lopment Director P:�jerry\MiKAbn2.wp 00, Tim. Irl J! r 70' 101 0 evo'.. I -5T NW Corner bo 13Z/ <- 34- Legal b'escr'ipt'ion of Mill Street Ak4nd"onment That certain portion of Mill Street right of way, _60 feet wide, between the prolongation of the westerly line of Broad Street and a line described as follows: Beginning at the northwesterly corner of Block 36 of the Town of San Luis Obispo as recorded in Bk. A of Maps at Page 168, recorded on May 1, 1878 inL the office of the San Luis Obispo Counmty Recorder; thence, northerly to the most southerly corner of Tract 522, as recorded in Book 8 of Maps at Page 60, in the office of the San Luis Obispo county Recorder. Subject to reservation of the following easements: 1. The entire R/W for public utilities, sewer, water and drainage. 2. The NWIly half of R/W for public pedestrian, bikeway and emergency access purposes. 3. The NE'ly 195 ft. of the SEIly 20 ft. of the NWIly half of R/W for common driveway purposes for Tract No. 522. 4e=x111,a1 T 'A Cl =yg ty 0� IgImjmmJrA san IUIS 0131SPo ro A1140M> 'a r. JV il�q q ANP Resolution No. 8075 (1992 Series) aty Of son wis osispo Resotution. of APPIZeClAtion Expressing the City's thanks and appreciation to Ron Dunin for his many contributions and dedicated service to the City of San Luis Obispo and its citizens WHEREAS, Romuald JaaJozef Dunin Horkawicz, AKA Mayor Ron, has had a long and distinguished career with the City of San Luis Obispo as Councilmember, Vice- Mayor, and Mayor for 15+ years beginning April 1, 1971; and WHEREAS, Mayor Ron, on literally hundreds of occasions has invited citizens from all walks of life to meet with him, to exchange differing ideas, and generally share in his deeply held belief that neighbors should work together and that government should be accessible to all people; and WHEREAS, Mayor Ron has served with /survived or guided 7 City Councils, 4 City Administrative Officers, attended more than 850 Council meetings,' and participated in thousands of hours of community functions; and WHEREAS, Mayor Ron has served as a founding father of Obispo Beautiful, SLO Downtown Association (BIA), Motel /Hotel Association, Performing Arts Center, and has served on numerous city and county committees and commissions including SLO County.Flood Control (Zone 9), LAFCO, Promotional Coordinating Committee, Chamber of Commerce, Visitors & Convention Bureau, and many others; WHEREAS, Mayor Ron has had a distinguished military career serving, and receiving decorations from, the Polish Forces in the United Kingdom, France, Poland, and Britain, and receiving the Medal of Merit from the State of California National Guard, the Bronze Good Citizenship Medal from the Sons of the American Revolution, the Honorary Life Membership from the Second Marine Division Association, and acts as the Military Commander for the City of San Luis Obispo; and WHEREAS, Mayor Ron has been awarded numerous citations including Citizen of the Year, El Presidente of La Fiesta del Encanto, Golden Key National Honor Society, Associated Students of Cal Poly, Area Agency on Aging, Drug & Alcohol Prevention, Boy Scouts, Law Enforcement, Firefighters, Health Organizations, and many others; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo does hereby express its gratitude and. appreciation to Ron Dunin and gives its best wishes to him and his family for a blessed and well deserved retirement. On motion of Vice-Mayor Rpppa, seconded by Councilman Reiss, and on the following roll call vote: AYES:. Councilmembers Rappa, Reiss, Pinard and Roalman .NOES: None ABSENT: Mayor Dunin the foregoing Resolution was passed and adopted this 6th day of October, 1992 Pam Voges, City Clerk Penny Rappa, Mayor Pro-tent P Adl= 17 FYI caungp ❑ CODDIR. A DM CAO - 11 mprr m 152 . RESOLUTION NO. 8074 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT FOR FUNDING UNDER THE HOME INVESTMENT PARTNERSHIP PROGRAM, THE EXECUTION OF A STANDARD AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO, AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE HOME INVESTMENT PARTNERSHIPS PROGRAM. WHEREAS, the City. of San Luis Obispo, a political subdivision of the State of California, wishes to apply for and receive an allocation of funds through the HOME Investment Partnerships Program (hereinafter referred to as "HOME"); and WHEREAS, the California Department of Housing and Community Development (hereinafter referred to as the "Department ") has issued a Notice of Funding Availability for the HOME program and is authorized to approve funding allocations which will be made available directly through the U.S. Department of Housing and Urban Development (HUD) to be used for the purposes set forth in Title II of the Cranston- Gonzalez National Affordable Housing Act of 1990, the implementing regulations set forth in title 24 of the Code of Federal Regulations, part 92, and Title 25 of the California Code of Regulations commencing with section 8200; and WHEREAS, the City of San Luis Obispo wishes to submit an application to obtain from the department an allocation of HOME funds; NOW, THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Purpose. The City of San Luis Obispo shall submit to the Department an application to participate in the HOME program R -8074 Council Resolution No. 8074 (1992 Series) Page 2 which will request a funding allocation for the acquisition of 48 existing apartments located at 3350 Bullock Lane, in the City of San Luis Obispo, to allow the renovation and preservation of the apartments as low and very low- income rental housing. SECTION 2. Grant Application and Funding. If the application for funding is approved, the City of San Luis Obispo hereby agrees to use the HOME funds for eligible activities An the manner presented in the application as approved by the Department and in accordance with applicable regulations. SECTION 3. Authorization to execute grant application and related documents. The City Council authorizes the City Administrative Officer to execute in the name of the City of San Luis Obispo, the application, the Standard Agreement,and all other documents required by the department or HUD for participation in the HOME program, and any amendments thereto. On motion of Council Member Ranna , seconded by .Council Member Roalman , and on the following roll call vote: AYES: Council Members Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None. ABSENT: None the foregoing resolution was passed and adopted this 20th day of October , 1992. Council Resolution No. 8074 (1992 Series) Page 3 Mayor Ron Dunin The foregoing is a true and full copy of a resolution of the San Luis Obispo City Council adopted at a duly convened meeting on the date above - mentioned, which has not been altered; amended, or repealed. ATTEST: ane Gladwell, City Clerk'' APPROVED: tive Officer �oj (k, i RESOLUTION NO. 8073 (1992 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO IMPLEMENTING A LOW INCOME ASSISTANCE PROGRAM FOR CITY RESIDENTS WHEREAS, the City Council has adopted improving customer services as a key objective for 1991 -93; and, WHEREAS, the City Council has identified the development of a program to assist low income customers in affording City utilities as a primary goal for 1991 -93; and, WHEREAS, the City Council has directed that the program consist of a 15% rate reduction for customers receiving Federal and State aid, a one -time assist for customers who are experiencing financial difficulty, and assistance in retrofitting and maintaining conservative water usage within their homes; NOW THEREFORE, the City Council of the City of San Luis Obispo finds and resolves that a program to assist low income customers which consists of Rate Assistance, Retro -fit Assistance, and an Assistance Fund be established. R 8073 ,; i�� i �' a Councilmember Councilmember Upon motion of Rappa , seconded by Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this ATTEST: D' ne Gladweli; ity Clerk APPROVED: City ministrative Officer Director of Finance /� /• �. _ / Director of Utilities i % 6th day of October Mayor Ron Dunin 1992. �� q� � ��� o��� �� �I RESOLUTION NO.8072 (1992 Series) CITY COUNCIL SUPPORT OF CENTRAL COAST SALMON ENHANCEMENT'S VOLUNTEER CREEK CLEAN -UP SCHEDULED FOR OCTOBER 17, 1992 WHEREAS, creeks provide water to animals, habitat for plants, fish, birds and other animals, and WHEREAS, the City of San Luis Obispo considers the creeks within and around the community a valuable natural resource, one that should not be marred by trash, and WHEREAS, creeks, when properly maintained add to the City's scenic quality and add value to individual properties, and WHEREAS, the City has an interest in maintaining local creeks in a clean manner to protect against potential flooding, and WHEREAS,. the City must spend monies to maintain local creeks, and thus volunteer projects which perform maintenance are an asset to the City, and WHEREAS, such volunteer events not only improve the quality of an area but also provide community participation and education, and WHEREAS, the Central Coast Salmon Enhancement, Inc., creek clean -up project would remove trash from San Luis Obispo.creeks, and WHEREAS, the City role as a co- sponsor would be to allow: (a) creek clean -up volunteers to utilize the City's creek maintenance easements, and (2) CCSE to use the City's name to advertise the creek clean -up event, NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby agree to co- sponsor the Central Coast R -8072 Resolution No. 8072 Page 2 (1992 Series) Salmon Enhancement's creek clean -up day scheduled for October 17, 1992. On motion of Councilwoman Rappa , seconded by Councilman. Roalman and on the following roll call vote: AYES: Councilmembers Rappa, Roalman, Pinard, Reiss„ and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 6th day of October , 1992. ATTEST: ldG'- l�t�u� Cat Clerk Dia Gladwell APPROVED: City A ministrative Officer Community DeVeA opment Director �E ��, .�. C � �;���� G ��; �� .�:, . _ . _ ._a.� _ �,1, d DATE - ITEM RESOLUTION NO. 8071 (1992 SERIES) city of sAn luis OBisw Resotution of AppizeciAtion expressing the city's gratitude to Bill Heiland for his many contributions and dedicated service to the City of San Luis Obispo WHEREAS, Bill Hetland has had a long and distinguished career with the City of San Luis Obispo serving as Utilities Director from August 29, 1983 to October 2 1992; WHEREAS, Bill was the fist Utilities Director for the City of San Luis Obispo and has established a professional image and a very strong sense of "team" for the department, and WHEREAS, Bill's professional management abilities have allowed die personnel of the City Utilities Department and the citizens of the City to prosper in an atmosphere of high morale, trust, and proficiency, and WHEREAS, Bill has significant accomplishments to his credit including development of a $32 million Wastewater Management Program, a Groundwater Program to provide up to 40% of the City's water needs, development of a Water Conservation Program resultiq in over 45% conservation during the drought, and numerous other water supply projects and programs; WHEREAS, Bill was in San Francisco during the October 1989 earthquake and survived; and WHEREAS, the drought, though unpleasant for most, provided Bill with the assurance of 'full employment" and a number of opportunities to build his resume (which we now know he obviously took advantage of); and WHEREAS, Bill, has decided to part the central coast for "greener" pastures in Fresno, to seek greater professional challenges, such as convincing Fresno citizens that the installation of water meters is a pretty good idea NOW THEREFORE, BE IT RESOLVED that the City Council wishes to express its gratitude for Ids numerous accomplishments and outstanding performance and sends Bill best wishes for success in his future endeavors. On motion of _ seconded by and on the following roll call vote: - AYES: NOES: ABSENT- the foregoing resolution was passed and adopted thus 22nd day of September, 1992 ATTESTED BY.• Pam Voges, City Clerk Mayor Ron Dunin C READFII.E ❑ FYI CAD DIR. R4. DIR. FMEC HMF Fw DIR. PouaCH REC DIX o-iz� G RESOLUTION NO._ 8070 (1992 Series) City Of San WIS OBISPO Resotution Of ADDR60-AtIon EXPRESSING IL CKS GRATITUDE AND APPRECIATION TO C17Y CLERK PAM VOGES FOR HER LONG AND DEDICATED SERVICE TO THE CITYAND ITS CITIZENS WHEREAS, Pam Voges has served the City of San Luis Obispo for 17 years, beginning her career as Secretary in the City Clerk's Office; WHEREAS, recognizing her exceptional capabilities, the City Council appointed her City Clerk on June 9, 1981, and site has now served for more than 11 years in that position; WHEREAS, Pam has attended over 600 Council meetings,, attested to countless resolutions and ordinances, given the oath of office to scores of City officials, and conducted numerous regular and special elections; WHEREAS, Pam has attained the title of Certified Municipal Clerk and is an active member of the International Institute of Municipal Clerks; City Clerks' Association of California, Association of Records Managers and Administrators and Gold Coast City Clerks' Association; WHEREAS, Pam has demonstrated her commitment to providing superioi'public service by faithfully working with members of the public to resolve their issues; WHEREAS, Pam was one of the first two women to serve on the City Management Team and is respected and admired for her diligence and hard work by her peers, co- workers, staff and citizens; WHEREAS, during her career with the City, Pam has been known as "Super Clerk," reflecting on her bearing, ability and knowledge WHEREAS, at Management Team retreats, Pam many times displayed her remarkable skill and enthusiasm as a demon poker and "G. U.T.S. "player, WHEREAS, having successfully fulfilled many personal and professional goals, Pam is embarking on exciting adventures with her husband Larry Ruggles as they travel the country on his business projects; WHEREAS, Pam will leave many friends who will miss her wit, affection and wise counsel NOW, THEREFORE, BE IT RESOLVED, that this Council wishes to express its gratitude to Pam Voges for the service she has performed and the contributions she has made as City Clerk On motion of second by and on the following roll call vote: AYES: NOES: ABSENT.• the foregoing resolution was passed and adopted this 22nd day of September, 1992. ATTESTED BY.• Kim Condon, Assistant City Clerk Mayor Ron Dunin COMESTO: ❑ • tx,w ❑ FYI e'c«�t ❑ mDt>IL d to ❑ M oiR ❑ MOW ��ACAO RN ATTOEY ❑ Fvtwt. g/CLEwowc. D rotstEC K MC MT. 152b i RESOLUTION NO. 806(1992 Series) ADOPTION OF THE MULTIHAZARD EMERGENCY RESPONSE PLAN WHEREAS, the City of San Luis Obispo shall provide for the organization, staffing and allocation of resources to protect, the citizens of San Luis Obispo from the ravages of earthquake,. Nuclear Power Plant accidents, hazardous materials spills or releases, storms, floods or fires, and WHEREAS, Section 2.24.080 of the City's Municipal Code requires the development of an emergency response plan, and WHEREAS, the City of San Luis Obispo Fire Department has developed such a plan. NOW, THEREFORE BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby adopt the Multihazard Emergency Response Plan. Upon motion of Councilmember Rappa ,seconded by Councilmember Reiss and on the following roll call voter AYES: Councilmembers Rappa, Reiss, Pinard, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 15th day of September , 1992. vrdl7.doc ATTEST: Pam loges, City Clerl� �ly A ministrative Officer vrdl7.doc Ron Dunin, Mayor o/ �1 �� I 1rlj�J U o RESOLUTION NO. 8068 (1992 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE COUNTY TO NEGOTIATE A NEW AMBULANCE AGREEMENT BETWEEN THE CITIES AND THE COUNTY AND DESIGNATING THE CITY MANAGERS /FIRE CHIEFS COMMITTEE ON AMBULANCE AS THE BARGAINING GROUP FOR THE CITIES. WHEREAS, the cities and the county entered into a contract for the regulation of ambulance services countywide in 1976; and WHEREAS, the cities in February, 1989, expressed a strong interest to the county in seeing those contracts modified to provide for local input, improved levels of service and performance standards; and WHEREAS, the cities and county staff entered into discussions on this issue with no resolution to the identified problems; and WHEREAS, the seven cities have all voided the 1976 ambulance services contract between the cities and the county; and WHEREAS, the cities desire a system -wide approach to providing emergency medical services; and WHEREAS, numerous problems have been identified by the Cities, Grand Jury and professional consultants paid for by the county and ambulance providers; and WHEREAS, the Health and Safety Code Section 1797.204 defines an emergency medical system as an organized pattern of readiness of response services based on public and private agreements; and WHEREAS, the Health and Safety Code Section 1797.252 states, "The local EMS Agency (County) shall, consistent with such plan, coordinate and facilitate arrangements necessary to develop the Emergency Medical Service system." WHEREAS, the cities desire to see a Joint Powers Agency, or some other appropriate mechanism established to involve cities in oversight, direction and modification of ambulance services countywide; and WHEREAS, the cities desire to participate in the decision - making process, as it pertains to the providing of pre - hospital medical care, to their residents. :I.: 4 ' NOW, THEREFORE BE IT RESOLVED that the City of San Luis Obispo requests the County Board of Supervisors to assign and direct County staff to negotiate in good faith with the cities in an attempt to resolve the long - standing problems which exist with the delivery of pre - hospital medical care countywide. BE IT FURTHER RESOLVED that the City of San Luis Obispo is committed through the joint efforts of the City Managers /Fire Chiefs committee on ambulance services, to resolve problems associated with the provision of ambulance services within the cities and county. Upon motion of Councilmember Reiss ,seconded by Councilmember Pinard and on the following roll call vote: AYES: Councilmembers Reiss, Pinard, Rappa, Roalman, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 15th day of September , 1992. Ron Dunin, Mayor ATTEST: Pam oges ,City k APPROVED: John Dun , City Administrative Officer � � � �i Gtr` �, �6� }v\ ��J 8067 RESOLUTION NO. (1992 SERIES) A RESOLUTION AUTHORIZING THE APPLICATION FOR STATE OF CALIFORNIA, CALIFORNIA TRANSPORTATION COMMISSION CLEAN AIR AND TRANSPORTATION IMPROVEMENT ACT NON -URBAN COUNTY . TRANSIT PROJECT FUNDING WHEREAS, the Clean Air and Transportation Improvement Act of 1990 allows for the purchase of transit coaches to enhance transit service; and WHEREAS, the City of San Luis Obispo is the hub of the consolidated regional transit system and transit is a priority service of the City Council; and WHEREAS, Policy 19 of the CTC Proposition 116 Non -Urban County Program Policy Guidelines allows San Luis Obispo Council of Governments (SLOCOG), subject to CTC approval to transfer its applicant status to another public agency that accepts the rights and responsibilities to implement and deliver the project; and WHEREAS, SLOCOG by resolution, has recommended that the City of San Luis Obispo be approved as the eligible applicant; and WHEREAS, all funds identified in the project application are committed to the project by the eligible applicant; and WHEREAS, other funding sources will be utilized to complete this project if the project costs exceed those identified int he application including funds from the Gas Company if compressed natural gas alternate fuel engines are used; and WHEREAS, the City of San Luis Obispo has the financial and institutional ability to accept the legal liabilities associated with this project; and WHEREAS, Clean Air and Transportation Improvement Act (CATIA) funds allocated will not supplant funds previously planned, programmed or approved for the purpose for which the CATIA funds were awarded, and R -8067 n Page 2 RESOLUTION NO. 8067 (1992 SERIES) WHEREAS, the San Luis Obispo Area Coordinating Council by resolution recommends that the City be approved in this application request. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo accepts from SLOCOG the transfer of applicant status and all management and financial responsibilities of the project. Upon motion of Councilmember Roalman seconded by Councilmember Rappa and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 15th day of September , 1992. �M-5 or Ron Dunin ATTES b, Pam Ages, City Cle i o y \hw \app.rpt a�f(� o 0 0 RESOLUTION NO. 8066 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING TWO VEHICLES AS SURPLUS PROPERTY BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council hereby declares that all items of property listed in Exhibit A attached and incorporated herein by reference are surplus property. SECTION 2. Disposal of the property shall be made as determined by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. On motion of Councilmember Roalman ,seconded by Councilmember Rappa , and on the following roll call vote: AYES: rouncilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted the 15 day of September ,1992. -Mayor Ron Dunin APPROVED: City Ad 'nistrative Officer SURPLUS PROPERTY LIST - VEHICLES ........................................ ............................... City Vehicle Year Number. `PurCli sed Fl 6409 1964 Fire Van Pelt Pumper 6834 $8,000 8702 1986 Fire Buick Century Sedan 1475 $1,500 RESOLUTION NO. 8065 (1992 Series) .A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA (DEPARTMENT OF TRANSPORTATION) REGARDING THE RELINQUISHMENT OF A PORTION OF STATE HIGHWAY 227 TO THE CITY AND THE RELOCATION OF STATE HIGHWAY 227 TO ANEW ALIGNMENT. SECTION 1. That certain agreement attached hereto marked "Exhibit. All and incorporated herein by reference between the City of San Luis Obispo and the State of California (Department of Transportation), wherein the State of California and the City of San Luis Obispo agree to realign State Highway 227 is hereby approved and the Mayor is hereby authorized to execute the same. SECTION 2. The cooperative agreement attached hereto marked "Exhibit All authorizes the State to relinquish a portion of State Highway 227 beginning at the intersection of Broad and South Streets and thence running northerly along Broad Street to the intersection of Higuera Street, and on Higuera and Marsh Streets (a one -way couplet between Broad Street and U.S. Highway 101) and will establish a new route for State Highway 227 beginning at the intersection of Broad and South Streets and running westerly on South Street to Higuera, and then southerly on Higuera Street to Madonna Road, and westerly on Madonna Road to the southbound off- ramps of Highway 101. SECTION 3. The City Clerk shall furnish copies of this resolution and copies of the executed agreement approved by it to: State of California (Department of Transportation) and the City Engineer. R -8065 Resolution No. 8065 Page Two. (1992 Series) On motion of Councilmember Roalman , seconded by Councilmember Rappa , and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 15th day of September , 1992. MAYOR RON DUNIN W. APPROVED: City dministrative Officer City �Iineer wap3 /stateagr by P 05 -SLO- 227- R12.75/R13.97 Exchange of City Streets and State Highway District Agreement #5CA9209 COOPERATIVE AGREEMENT A- 102 -92 -CC THIS AGREEMENT ENTERED INTO ON /5; � /� 2 is between the STATE of CALIFORNIA, acting by and through its Department of Transportation, referred to herein as "STATE ", and CITY OF SAN LUIS OBISPO, a body politic and a municipal corporation of the State of California, referred to herein as "CITY" RECITALS (1) State and City are authorized to enter into a Cooperative Agreement under Streets and Highways Code Section 73, providing for the relinquishment of any portion of a State . highway to a City. (2) CITY is willing to accept relinquishment of that Portion of existing Route 227 along Broad Street, Higuera.Street and Marsh Street between South Street and Route 101 at the Marsh CAL^ Street Separation Bridge No. 49 -08. C1 (3) STATE is willing to relinquish the Above'described portion of Route 227 and to recommend to the California , Transportation Commission (CTC) the adoption as part of 'kbute 227, that portion.South Street between Broad Street and Higuera Street., Higuera Street between South Street and Madonna Road, plus Madonna Road from Higuera Street to its junction with the Route 101 Southbound Ramps near the Madonna Road overcrossing Bridge No. 49 -190. (See Exhibit A). (4) STATE will benefit in a reduction of maintenance costs, both roadway and signals, and in vacating a section that is difficult to maintain because of variable roadway width, parking and heavy commercial and tourist traffic. Permit applications will also reduce in number and complexity. The proposed route will provide better. service for state highway purposes. (5) CITY will be better served by being able to convert the existing route to better accommodate tourists, shoppers and the Farmer's Market. CITY's desire for control of the existing route is to reflect the needs of the community of San Luis Obispo. A- 102 -92 -CC 7 District Agreement # 5CA9209 (6) This Agreement supersedes any prior Memorandum of Understanding (MOU) relating to the aforementioned portion of State Route 227. (7) The parties hereto desire to define herein the terms and conditions under which the City streets will be adopted as a new State highway and the existing State highway will be relinquished. SECTION I CITY AGREES: (1.) After approval of relinquishment and adoption by the California Transportation Commission, to accept and maintain the relinquished portion of Route 227 described in RECITALS, ARTICLE (2) above, including maintenance and operation of existing traffic signals and lighting. (2) To concur in STATE's recommendation to the California Transportation Commission that STATE adopt as a State highway that portion of the City Street System described in RECITALS, ARTICLE (3) above. (3) Execution of this Agreement constitutes its waiver of the ninety (90) days' notice of "Intention to Relinquish" requirement contained in Section 73 of the Streets and Highways Code. SECTION. -II STATE AGREES: (1) To recommend. California Transportation Commission adoption as a. State highway of that portion of the City Streets described in RECITALS, ARTICLE (3) above. (2) Subsequent to adoption, to accept and maintain that portion of new State Route 227 as previously described. (3) After approval of relinquishment by the California Transportation Commission of that portion Route 227 previously described, all existing STATE owned traffic signals and lighting along the relinquished portion of State Route 227 will become the property and responsibility of CITY. (4) To remove or modify any guide signs on the relinquished . section of Superseded Route 227 inappropriate by said relinquishment. Page 2 of 4 F '. IT IS.MUTUALLY AGREED: District Agreement # 5CA9209 SECTION III (1) All obligation of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources and Route Adoption, and relinquishment by the California Transportation Commission. (2) After adoption and relinquishment by the California Transportation Commission, transfer of responsibilities for maintenance and operation of the relinquished and adopted routes will be accomplished on a date mutually agreed to by STATE and CITY. (3) Neither STATE nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless the State of California, all officers and employees from all claims, suits or actions of every name, kind, and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (4) Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work,..authority or jurisdiction delegated to STATE under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895..4, State shall fully defend, indemnify and save harmless the CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reasons of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. (5) Each party shall issue Encroachment Permits, at no cost, to the other party, as required, to accomplish highway adoption and relinquishment activities. Page 3 of 4 4 District Agreement # 5CA9209 (6) This Agreement may be terminated or provisions contained herein may be altered, changed or amended by mutual consent of the parties hereto. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation By %\,Q ('r District Director °Date: 9 -30 -%Z Approved as to Form and Procedure 0 Attorney, Department of Transportation Date: ko t6 l C L CITY OF SAN LUIS OBISPO Attes,= Clerk Date: Approved as to Content Certified as to Funds and Procedure Public orks Director Dis ccou ing Administrator Date: Date: Ci a- C, - G`)- Approved as to Form CC COD x By C � llMllOn 6i!e`'.6 i ` A to e Date: 1911 l e3 &n fi b 199a 7 Page 4 of 4 7 ,.� _...� IL, Olt . 8 MAC Wo I LAMM qE a L � V {� W�� Ave. AsS _qv f ebi gj o ����„�.�� js°7S. •Pa uea na � MM_ • •� � v i lwloA8 La no a — ' o • Sr 6 map"" W .. NJ uluez ire\ 1 I •t . � �� �. �, .,.\ �il�a ape t5. iv 3 t ' � =ti7Qai$ a wYM � •� � � ia91t$ a 1 � ,- 'H1A05 • _b O +S • • _1 yu0J Ob � � �� a of � /�,• ^� .. b� ..__. _.., •.. •'•1.l I 1•'.: .. ••yNi �i +. /ii�ti~•..4i J/Y Y.: ii .•. Exhibr n The City of San Luis Obispo has requested a transfer for a portion of state Highway 227 within City limits. The purpose of this report is to review the request and discuss the advantages and disadvantages of the proposed transfer. Ml [ f • U•1• Current routing of Highway 227 carries it through the central business district and "Old Toxin ". Higuera Street and Marsh Street each comprise a leg of a two street one way couplet. Broad Street is a narrow two lane conventional highway with parking on both sides through old Town (see attached "B" for existing and proposed locations). Ban Luis Obispo is well known for its mild weather, tourist attractions and Parmer's Market. The Farmer's Market is held every Thursday evening. one block of Broad Street and one block of Higuerm (both Highway 227) are closed to through traffic between the hours of 5:00 PH and 9:00 PM_ As Highway 227 is mainly a part of the local street system, traffic is detoured around the Farmer's Market via other city streets. Headquarters Permit Branch rejected a similar request gor a weekly Farmer's Market in District 4. District a then cited San Luis Obispo's Farmer's Market and requested that the same conditions be allowed them. District 5 was then notified that the Farmer's Market was in violation of Sections 68295, Article 2 and Section 731, Article 2.5 of Chapter 3 of the Statutes. MIS NdwMatom Erg Section Tat. the dwwhnent may issue pemr8s k =ME= mrd dtlas for the use of howas v" that? botgldedga Far WcW 9y W apo W= wd ==am laWV m ft safe and adstly mammant of &aft MW tln depalmW (Inds Roomy, .l•1 Ifi! a� '1:'.J 1•. 1 ' • LLL!• li J : .,: IL � !� /!4 �l •.x.11 � 'L.� ". �. t:_. �' 4' � 11 '1! • Llll Tha depatm at hl lsmdnp pemdta for the use of highways, ataa not be mgxx &* for Me emrd= or opwaEbn or the pen WMW evWW mid *tree revuhe ate pwmft epp+l6mtt to agree to Indemndjf and hold �. hamdesa rtes ae►m'aphW any and as &arms aWag we at any asadty for rddd, Ira panne fa Inuad. venrBny Wman m0way Piod -cbwar MT. My v&Vda ar et m ma parked or pAumd wholly or partly wNgn any tares dghw% A2r' mW pupate d soling the same or of selang thereftm or thereU any aalds, senfts or thhtg, /a a publk nuisance and the deparhtmit nay hhmedW* remove such veldde or &uchso hmn witldn very arch hbft . My pmaon pwift any such vehkM or p1whV any such sasomro WMW or partly wAW any audr hW wrgr tar Ors parpoea of sawn such vaftwe or aouaeae, or of anew aawaaom a tiraai% any awWs or ftm and any person ee ft, dbpfayfng for a" of oftfng for sib any erode or Oft d&W hi or hart ay NWh r or dmd m so porw or Placed and any pmsan "MIM aen*JIg mpaldng or esteradae wor/mtg upon try such Md de, other Or uptm a vehicle wfdcb is tompmarfly dhabkd, la 9d►9' d a admdae�sonar The CaNkur® tflghMay Pabst end all peace aftsm may wdatce do pmvhkw of M chapter and shad eo opwate wAh the deparbnw# b *tat end Whenow airy member of are Cafflams Mghm Pad or any paw oh&av temov s a v&Vda ham a highway m er the proWatsrm of rhrs sestlbn, than ae of eta p vvishm of erode 3 &w mmrdng "far Sedba MW), chapter 10. DMskn fT date vaMde Coda wldt mferw to &M M"m•af d a oehide hoar a highway shall be gV&zbk - 1 - 1 The pros' ans of iMe odba dWi not pruftW a seller ham Wow orders or ddfvaring any conunaft ham a rwhlcla an that part of any stern highway lmmedlafty adjacent to the pm rAw d the pardmer, nor MW dm prarlskm of ffila sectlon p *Wt an owrrer or OpWWW of a Vahk , or a medw*, ham aeevfdng, rspwmg or ofhaft4" mdft apan &V vehicle aftch is mmpararlly d &Wed. h aaah a mara,er and to aamh an went that it is Imposwe to &W0 =Apbg aueh veMds W'Mh1 much 40hmW. The transfer is a compromise between the City of San Luis Obispo and Caltrans to avoid the need to enforce the above noted Statutes on a nationally known activity, which has been given recognition by the 'United States Department of Agriculture. 3. STATE PROCESS Upon receipt of the City's request for highway transfer a joint field review with the appropriate headquarters and district personnel, was conducted (attendance listed is Attachment C). The procedures described .in.the Project Development Procedures Manual Section 2 -22 and in Policy and Procedure P78 -4 Revised have been followed. in addition a Cooperative.Agreement between the City of San Luis Obispo and Caltrans will be written and executed upon approval of this.transfer by the office of Project Planning and Design and the Division of Highways. As noted, the City has requested a transfer of Highway location (attachment D). As both locations (existing and proposed) are a part of the local street system and that the impacts were not significant, the City prepared Sotiae of he which was filed June 12, 1992 (attachment E). The proposed route runs westerly along South Street from the intersection of Broad and South Streets (existing PM R12.72) to Higuera Street, a distance of 0.78 miles; then southerly along Higuara Street to Madonna Road, a distance of 0.08 miles; then southerly crossing VS 101 to the southbound off and on ramps at the madonna Road /101 Interchange, a distance of 0.39 miles. The total length of the proposed route transfer is 1.25 miles. The existing gsometrics through out the proposed route provide for 4 through lane, left turn channelize at all intersection, signalizations at major intersection, bike lanes plus curb, gutter and sidewalks. The route was rehabilitated within the last three years. There are no existing vertical or horizontl alignment problems. Average 1990 ADT on South Street was 17,000 on Higuera street it was 27,500 and on Madonna Road it was 25,000. Right of way is a mixed bag of fee and /or easement as is that of the existing route. The District Maintenance Department estimates that the proposed route will be comparable with or less than Misting expenditure of maintenance person years or dollars and have no misgiving in the assumption of maintenance. - 2 PIUU -VU JG II IV 11'1. •✓ rr• r�✓���. ✓• � �� ..� Concerns expressed at the field review are as follows. A. Existing restriction (narrowing of South Street) at old village Mobile Rome Park. The City has informed Caltrans staff that the owner of this parcel has redevelopment plans in the review phase with the City Planning Department. The parcel has been conditioned to provide widening, curbs, gutters and sidewalk to match adjacent developments and will be constructed in the summer of 93. B. Traffic Department has reviewed the new route and has identified some very minor signing and striping irregularities. However, this is also true on the existing Route 227. C. The intersections of South Street and Madonna Road with Higuera Street will require an additional Type 170 controller. we plan on operating these two intersections as one, however, there are more than 8 phases, hence the additional controller. D. Lane width on the Madonna O.C., are only Ill. However, when the City widened the O.C. under permit a Design Exception was obtained and is in the Permit File. 7. COMPARISON OF SBISTM AND PROPOSED The existing is all conventional highway, but a mixed bag of 4 lane, two lane, two and three lane one way couplet with no left - turn ahanneliaation for a total of 4.47 lane miles. There are also seven. signal systems along the existing. Parking exists on both sides of 227 for over 90% of the transfer length. The proposed new route is all conventional Pour lanes with left - turn channelization. The portion between the Northbound and Southbound Highway 101 ramps has a maximum of five lanes with dual northbound left turn lane. A total, of 5.05 lane mile and four signal systems comprise the proposed route. Pavement conditions of the proposed route are generally far butter than on the existing route. Parking exists only an a portion of the northerly side of South Street, 12$ of transfer length. Existing Route 227 has an actual accident rate of 2.60 compared to the expected rate of 2.83 for the three year period of March 11 1989 to March 1, 1992. The proposed transfer route has an actual accident rate of rate of 3.30 compared to the expected rate 6.20 for the three year period ending March 1, 1991. The proposed transfer route is currently signed as the City and State truck route. - 3 - I i SUMMARY * 33 of the accidents were in State R/W at terminus of Highway 101 ramps with Madonna Road. If these accidents were deleted from the analysis the Actual Accident Rate would be 2.05 MVM. Getter paving, fewer signal systems, reduction in accident inducing parking, left -turn channelization and deletion of the one -way couplet are but a few of the factors that will result in a reduction of maintenance efforts for the State. The involved Right of Way has been reviewed and both agencies agree to accept the associated Right of way concurrently with the transfer. The state will benefit in a reduction of maintenance costs, both roadway and signals, and in vacating a section that is difficult to maintain because of variable roadway width, parking and heavy commercial and tourist traffic. Permit applications Will also reduce in number and complexity. The proposed route will provide better service for state highway purposes. The City will be better served by being able to convert the existing route to better accommodate tourists, shoppers and the Farmer's Market. The City's desire for control of the existing route is to reflect the needs of the community of San Luis Obispo. The District recommends that we accept the city's request to transfer Highway 227 over to the proposed route. Both agencies stand to benefit substantially from the transfer. The City of San Luis Obispo has placed an urgency on the route adoption and transfer to best serve the interests of both agencies involved. The City desires to take over the existing route to best serve the community interests. Caltrans, District 51 would like to accept jurisdiction over the new alignments as soon as possible to reduce maintenance costs. 4 - 8sistina Pronased Length 1.65 1.25 miles Lane Miles 4.47 SAS Signals System 7 4 No. of Accidents 67 87 *(54) Million vehicles 25.75 39 Actual Accident Rate 2.60 3.30 *(2.05) Expect Accident Rate 2.83 6.20 Parking on Route 903 123 Pavement Condition Poor /Fair Good One Way Couplets 1 0 * 33 of the accidents were in State R/W at terminus of Highway 101 ramps with Madonna Road. If these accidents were deleted from the analysis the Actual Accident Rate would be 2.05 MVM. Getter paving, fewer signal systems, reduction in accident inducing parking, left -turn channelization and deletion of the one -way couplet are but a few of the factors that will result in a reduction of maintenance efforts for the State. The involved Right of Way has been reviewed and both agencies agree to accept the associated Right of way concurrently with the transfer. The state will benefit in a reduction of maintenance costs, both roadway and signals, and in vacating a section that is difficult to maintain because of variable roadway width, parking and heavy commercial and tourist traffic. Permit applications Will also reduce in number and complexity. The proposed route will provide better service for state highway purposes. The City will be better served by being able to convert the existing route to better accommodate tourists, shoppers and the Farmer's Market. The City's desire for control of the existing route is to reflect the needs of the community of San Luis Obispo. The District recommends that we accept the city's request to transfer Highway 227 over to the proposed route. Both agencies stand to benefit substantially from the transfer. The City of San Luis Obispo has placed an urgency on the route adoption and transfer to best serve the interests of both agencies involved. The City desires to take over the existing route to best serve the community interests. Caltrans, District 51 would like to accept jurisdiction over the new alignments as soon as possible to reduce maintenance costs. 4 - i� RESOLUTION NO. 8064 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AGREEMENT WITH THE STATE OF CALIFORNIA (DEPARTMENT OF TRANSPORTATION) REGARDING THE RESURFACING AND STRIPING OF SANTA ROSA STREET BETWEEN MURRAY AND WALNUT STREETS FOR THE PURPOSES OF INSTALLING BICYCLE LANES SECTION 1. That certain agreement attached hereto marked "Exhibit All and incorporated herein by reference between the City of San Luis Obispo and the State of California (Department of Transportation), wherein the City and the State agree as to the terms and conditions that will permit the City to resurface and . stripe Santa Rosa Street between Murray and Walnut Streets (a State highway), to provide for the installation of bicycle lanes, is hereby approved. SECTION 2. The City Clerk shall furnish a copy of this resolution and a copy of the executed agreement approved by it to: State of California (Department of Transportation) and the City Engineer. On motion of Councilmember Roalman , seconded by Councilmember Rappa and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of September 1992. MAYOR RON DUNIN CITY LERK PAM GES R -8064 Resolution No. 8064 (1992 series) Page Two. APPROVED: City A inistrative Officer City F� ineer wap3 /state -agr by E M. 01. J\i 05 -SLO- 00.1 - 16.77/17.11 05 -254- 397801 RESURFACE /DELINEATE BIKE IN. -20? District Agreement #5CA9207 COOPERATIVE AGREEMENT THIS AGREEMENT, ENTERED INTO ON / , If92 is between the STATE OF CALIFORNIA, acting by and high its Department of Transportation, referred to herein as "STATE," and CITY OF SAN LUIS OBISPO a body politic and a municipal corporation of the State of California, referred to herein as "CITY" RECITALS (1.) STATE and CITY, pursuant to Streets and Highways Code Section 130, are authorized to enter into a Cooperative Agreement for improvements to STATE highways within CITY. (4) STATE and CITY desire to specify herein the terms and conditions under which PROJECT is to be engineered, constructed, financed and maintained. SECTION I CITY AGREES: (1) To provide, at no cost to STATE, all necessary preliminary engineering, including plans and specifications, Page 1 of 8 A- 94 -92 -CC (2) CITY desires State highway improvements consisting of resurfacing and restriping traffic lanes to include bicycle lanes on Route 1, Santa Rosa Street, from Walnut Street to Murray Street in the City of San Luis Obispo, referred to herein as "PROJECT ". CITY is willing to fund one hundred percent (100 %) of CITY staffing costs, except that STATE's oversight of environmental, design and right -of -way activities may be borne by STATE. C1 (3) STATE is agreeable to CITY's proposed PROJECT, M and will reimburse CITY up to 50% for construction costs, Co�J not to exceed $48,400. (4) STATE and CITY desire to specify herein the terms and conditions under which PROJECT is to be engineered, constructed, financed and maintained. SECTION I CITY AGREES: (1) To provide, at no cost to STATE, all necessary preliminary engineering, including plans and specifications, Page 1 of 8 A- 94 -92 -CC 9 and all necessary construction engineering services for PROJECT. (2) To construct PROJECT by contract in accordance with plans and specifications prepared by CITY and approved by STATE. (3) To bear all actual PROJECT costs in excess of $96,800. (4) CITY, at no cost to STATE, as part of its PROJECT design responsibility, shall identify and locate all utility facilities within the PROJECT area. All utility facilities not relocated or removed in advance of construction shall be identified on the PROJECT plans and specifications. (5) To relocate utility facilities within STATE's right of way to STATE specifications per STATE's Encroachment Manual and the Manual on High and.Low Risk Underground Facilities Within Highway Rights of Way. (6) To apply for necessary encroachment permits for required work within State highway rights of way, in accordance with STATE's standard permit procedures, as more specifically defined in Articles (8), (9) and (10) of Section III of this Agreement. (7) Construction within the existing or ultimate STATE right of way shall comply with the requirements in STATE's Standard Specifications and PROJECT Special provisions and in conformance with methods and practices specified in STATE's Construction Manual. (8) If, during the course of construction, errors or omissions are discovered in any of the plans and specifications which CITY and /or personnel have provided pursuant to this Agreement, CITY and /or personnel shall make all necessary corrections and furnish the corrected product to STATE within a reasonable time to be specified by STATE. (9) CITY's construction contractor shall maintain in force, until completion and acceptance of the PROJECT construction contract, a policy of Contractual Liability Insurance, including coverage of Bodily Injury Liability and Property Damage Liability in accordance with Section 7 -1.12 of State Standard Specifications. Such policy shall contain an additional insured endorsement naming STATE, its officers, agents and employees as additional insureds. Coverage shall be evidenced by a Certificate of Insurance in a form satisfactory to STATE which shall be delivered to a. ®® Page 2 of 8 Pea STATE before the issuance of an Encroachment Permit to CITY's contractor. (10) At CITY expense, to furnish a field site representative, subject to approval of STATE, who is a licensed Civil Engineer in the State of California, to perform the functions of a. Resident Engineer. The Resident Engineer shall be a public employee in accordance with Section 2 -07 of the Local Programs Manual.. (11) Within sixty (60) days following the completion and acceptance of the PROJECT construction contract, to furnish STATE a complete set of acceptable full -sized film positive reproducible As -Built plans. (12) To retain or cause to be retained for audit for STATE or other government auditors for a period of three (3) years from date of FHWA payment of final voucher, or four (4) years from date of final payment under the contract, whichever is longer, all records and accounts relating to construction. (13) If CITY terminates PROJECT prior to completion of the construction contract for PROJECT, STATE may require CITY, at CITY expense, to return right of way to its original condition or to a condition of acceptable permanent operation. If CITY fails to do so,-STATE reserves the right to finish PROJECT or place PROJECT in satisfactory permanent operating condition. STATE will bill CITY for all actual expenses incurred and CITY agrees to pay said expenses within thirty (30) days or STATE, acting through the State Controller, may withhold an equal amount from future apportionments due CITY from the Highway User Tax Fund. co (14) To comply with the terms and conditions of the CC Highway encroachment permits, existing California law, including Statutory and Case law, and all existing property rights when determining liability for utility relocation costs within the existing or proposed State highway right of way. SECTION II STATE AGREES: (1) To pay an amount equal to 50% of the actual PROJECT construction cost estimated to be,$44,000, but in no event shall STATE's total obligation for PROJECT construction costs under this Agreement exceed the amount of $48,400. Page 3 of 8 N' (2) To deposit with CITY within 30 days of receipt of billing therefor (which billing will be forwarded immediately following CITY's bid advertising date of a construction contract for PROJECT), the amount of $44,000, which figure represents 50% of the total estimated PROJECT construction costs of $88,000. (3) To provide CITY with necessary regulations, policies, procedures, manuals, standard plans and specifications and other documents required for the preparation of the plans and specifications. (4) To issue, at no cost to CITY and CITY's contractor, upon proper application by CITY and by CITY's contractor, the necessary encroachment permits for required work within the State Highway right of way. (5) To provide, at CITY expense, any "State furnished material" as shown on the plans for PROJECT and as provided in the Special Provisions for PROJECT. (6) To provide, at no cost to CITY, a qualified. STATE representative who shall have authority to accept or reject work and materials or to order any actions needed for public safety or the preservation of property and to assure compliance with all provisions of the Encroachment Permit(s) issued to CITY and to CITY's contractor. SECTION III M IT IS MUTUALLY AGREED AS FOLLOWS: COID 00 (1) All obligations of STATE under the terms of this Agreement are subject to the appropriation of resources by the Legislature and the allocation of resources by the California Transportation Commission. (2) Should CITY award a construction contract for PROJECT prior to the allocation of resources by the California Transportation Commission, there is no guarantee of STATE's participation and CITY shall assume all risks thereof. (3) Should any portion of PROJECT be financed with Federal funds or State gas tax funds all applicable procedures and policies relating to the use of such funds shall apply notwithstanding other provisions of this Agreement. Page 4 of I c M o P Ya (4) STATE shall designate a STATE Project Coordinator and CITY shall designate a representative through whom all communications between the two agencies shall be channeled. All phases of PROJECT from inception to and including maintenance will be developed in accordance with all policies, procedures, practices, standards, regulations and laws that apply to STATE. (5) CITY shall not advertise for bids to construct PROJECT until after an encroachment permit has been issued to CITY by STATE, nor shall CITY award a contract to construct PROJECT until after receipt of STATE's deposit . required in Section II, Article (2) of this Agreement. (6) Prior to award of the construction contract for PROJECT, CITY may terminate this Agreement by written notice. (7) After opening of bids for construction of PROJECT and if bids indicate a cost overrun of no more than 10% of the estimate will occur, CITY may award the contract. (8) Construction by CITY of improvements referred to herein which lie within STATE highway rights of way or affect STATE facilities, shall not be commenced until CITY original contract plans involving such work and plan for utility relocations have been reviewed and accepted by signature of STATE's District Director of Transportation, or the District Director's delegated agent, and until an Encroachment Permit to CITY authorizing such work has been 4:7) issued by STATE. C`D (9) CITY shall obtain aforesaid Encroachment Permit d0 through the office of State District Permit engineer and CITY's application shall be accompanied_ five (.5).sets of reduced construction plans of aforesaid STATE approved contract plans. Receipt by CITY of.the approved Encroachment Permit shall constitute CITY authorization from STATE to proceed with work to be performed by CITY or CITY representatives within proposed STATE rights of way or which affects STATE facilities, pursuant to work covered by this Agreement. CITY's authorization to proceed with said work shall be contingent upon CITY's compliance with all provisions set forth in this Agreement and said Encroachment Permit. (10) CITY's construction contractor shall also be required to obtain an Encroachment Permit from STATE prior to commencing any work within STATE rights of way or which affects STATE facilities. The application by CITY's contractor for said Encroachment Permit shall be made through the office of State District Permit Engineer and Page 5 of 8 shall include proof said contractor has payment and performance surety bonds covering construction of PROJECT. (11) Prior to award of the construction contract for PROJECT, STATE may terminate this Agreement by written notice, provided that STATE pays CITY for all PROJECT related costs incurred by CITY prior to termination. (12) Pursuant to the authority contained in Section 591 of the Vehicle Code, STATE has determined that within such areas as are within the limits of PROJECT and are open to public traffic, CITY shall comply with all the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. CITY shall take all necessary precautions for safe operation of CITY's vehicles, the construction contractor's equipment and vehicles and /or vehicles of personnel retained by CITY and for the protection of the traveling public from injury and damage from such vehicles or equipment. (13) If any existing public and /or private utility facilities conflict with the construction of PROJECT, CITY shall make all.necessary arrangements with the owners of such facilities for their protection, relocation or removal. CITY shall inspect the protection, relocation or removal of such facilities. If any protection, relocation or removal of facilities is required, such work shall be performed in accordance with STATE policy and procedure for those facilities located within the limits of work providing for the improvement to the State Highway and in accordance with CITY policy for those facilities located outside of the limits of work providing for the improvement to the State Highway. Total costs of such protection, relocation or removal shall be borne by CITY and /or other non -State entities in accordance with the terms of the Highway Encroachment Permits, Case Law, Public. Utility Regulations and Property Rights. CITY shall require any utility company performing relocation work in STATE's right of way to obtain a STATE encroachment Permit prior to the performance of said relocation work. Any relocated or new facilities shall be correctly shown and identified on the As- Built plans referred to in Section I. Article (4), of this Agreement. (14) Upon completion and acceptance of the PROJECT construction contract by CITY to the satisfaction of the STATE representative and subsequent to the execution of a maintenance agreement, STATE will accept control of and maintain, at its own cost and expense, those portions of PROJECT lying within STATE's right of way, except local roads delegated to CITY for maintenance. STATE will maintain, at STATE expense, the entire structure below the deck surface of any CITY local road overcrossing. Page 6 of 8 (15) In the construction of said PROJECT, representatives of CITY and STATE will cooperate and consult, and all work pursuant to PROJECT, within STATE's right of way, may, at no cost to CITY furnish a representative, if it so desires to ensure conformance of work to STATE's standards. Said representatives of CITY and STATE will cooperate and consult with each other, but all work within STATE's right of way shall be accomplished to the satisfaction of STATE's representative. (16) Upon completion of all work under this Agreement, ownership and title to materials, equipment and appurtenances installed within STATE's right of way will automatically.be vested in STATE, and materials, equipment and appurtenances installed outside of STATE's right of way will automatically be vested in CITY. No further agreement will be necessary to transfer ownership as hereinabove stated. (17) Neither STATE nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, CITY shall fully indemnify and hold STATE harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction delegated to CITY under this Agreement. (18) Neither CITY nor any officer or employee thereof shall be responsible for any damage or liability occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. It is also agreed that, pursuant to Government Code Section 895.4, STATE shall fully indemnify and hold CITY harmless from any liability imposed for injury (as defined by Government Code Section 810.8) occurring by reason of anything done or omitted to be done by STATE under or in connection with any work, authority or jurisdiction delegated to STATE under this Agreement. (19) All phases of PROJECT involving State highway facilities, whether handled by CITY or STATE, shall be developed in accordance with all policies, procedures, practices, standards, specifications and regulations that apply to STATE. Page 7 of 8 M M (�O (20) Those portions of this Agreement pertaining to the construction of PROJECT shall terminate upon completion and acceptance of the construction contract for PROJECT by CITY with concurrence of STATE, or on June 30, 1994, whichever is earlier in time; however, the ownership, operation, maintenance, liability and claims clauses shall remain in effect until terminated or modified in writing by mutual agreement. STATE OF CALIFORNIA Department of Transportation JAMES W. VAN LOBEN SELS Director of Transportation BYJC/ District Di rctor Date: AD-S -SZ CITY OF SAN LUIS OBISPO B Mayor Ron Dunin Date: Attest: By Approved as to Form and Procedure Date: v. Clerk ka}n Voges DwO 77-- Atto y, Departure of Trans rtation Date: ZZ � Certified as to Funds and Procedure 8(191C) Z Date: Approved as to Content Public)Works Director �r Approved as to Form Di trict c ing Administrator Date: c1 1 c12' Page 8 of 8 #%OPV co co ,;c (A'Y STATE OF CALIFORNIA — BUSINESS, TRANSPORTATkM AND HOUSING AGENCY PETE WILSON, Govemor DEPARTMENT OF TRANSPORTATION P.O. BOX 8114 SAN LUIS OBISPO, CA 93403 -811A _ Vii.. TDD (805) 549.3259 \ --,. i, h I� _i_i. _ �•_. August 18,1992 AUG I "' � � •'.05 -SL0- 001- 16.77/17.11 or . I`; ; cls: "RESURFACE? /DELINEATE BIKE LANE District Agreement #5CA9207 Mr. Wayne Peterson City Engineer City of San Luis Obispo P O Box 8100 San Luis Obispo CA 93403 Dear Mr. Peterson, Attached for execution are the original and four (4) copies of . the Cooperative Agreement between the State and the City of San Luis Obispo for resurfacing and restriping traffic lanes to include bicycle lanes on Route 1, Santa Rosa Street, from Walnut Street to Murray Street. After execution by authorized City officials, please"return the original and three (3) copies with a copy of the authorizing resolution attached to each copy for execution by the State. A fully executed copy will be returned for your files. Sincerely, Carolyn `Wheeler Associate Caltrans Administrator Cooperative Agreement Coordinator Attachment �� illlllilllllllllllll����������� II�IIIIIIIII of Cl sAn tuis oBispo 990 Palm Street /Post Office Box 8100 • San Luis Obispo, CA 93403 -8100 September 8, 1992 Ms. Carolyn Wheeler Cooperative Agreement Coordinator Department of Transportation P.O. Box 8114 San Luis Obispo, CA 93403 -8114 Dear Ms. Wheeler: At its. meeting of September 1, 1992, the San Luis Obispo City Council approved the Cooperative Agreement between the State and the City of San Luis Obispo for resurfacing and restriping traffic lanes to include bicycle lanes on Route 1, Santa Rosa Street, from Walnut Street to Murray Street. Enclosed are the original and three (3) copies with a copy of the authorizing resolution attached to each of the above - referenced agreements for execution by the State. Please return a copy to my attention once it has been fully executed. Thank you. erely,f V am Voges, C City Clerk PV.jsb Enclosures c: Wayne Peterson, Engineering STATE-OF CALIFORNIA— BUSINESS, TRANSPORT41(m,M AND HOUSING AGENCY I PETE WILSON, Govemor DEPARTMENT OF TRANSPORTATION - P.O. BOX 8114 SAN LUIS OBISPO, CA 93403 -8114 TDD (805) 549.3259 OCT - 7 1992 ENGINEERING DIVISION CITY OF SAN LUIS OBISPO October 5, 1992 05 -SLO- 001 - 16.77/17.11 05- 254 - 397801 RESURFACE /DELINEATE BIKE LANE District Agreement #5CA9207 Mr. Wayne Peterson City Engineer City of San Luis Obispo P 0 Box 8100 San Luis Obispo Ca 93403 Dear Sir: Enclosed for your files is the fully executed Cooperative Agreement 5CA9207 (Document #8339) between the State and City of San Luis Obispo. This Agreement is for highway improvements consisting of resurfacing and restriping traffic lanes to include bicyicle lanes on Route 1, Santa Rosa Street, from Walnut Street to Murray Street in the City of San Luis Obispo. The City is funding 100% of City staffing costs, except that the State's oversight of environmental, design and right of way activities may be borne by State. Please feel free to call me at 549 -3072 if you have any questions. Sincerely, Carolyn heeler Cooperative Agreement Coordinator Attachment 6 • RESOLUTION NO. 8063 (1992 Series.) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP FROM INTERIM CONSERVATION OPEN SPACE TO OFFICE FOR PROPERTY LOCATED AT 40 PRADO ROAD AND AMENDING SECTION C.5.b. OF THE GENERAL PLAN LAND USE ELEMENT TEXT (GP /R 1516) WHEREAS, the Planning Commission and, the City Council have held public hearings on this amendment in accordance with the California Government Code; and WHEREAS, the amendment comes to the council upon the favorable recommendation of the Planning Commission; and WHEREAS, the potential environmental impacts of the change have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines. NOW, THEREFORE, the City Council resolves as follows: SECTION 1. Environmental Determination. The City Council has determined that the project's Negative Declaration adequately addresses the potential significant environmental impacts of the proposed general plan amendments, incorporating the mitigation measures shown on the attached Exhibit "A" into the project. SECTION 2. Findincrs. 1. The proposed general plan amendment will not be detrimental to the health, safety or welfare of persons residing or working in the vicinity. 2. The proposed general plan amendment is consistent with the goals and policies of the General Plan. 3. The proposed amendment will not have a significant adverse impact on the environment, subject to the mitigation measures referenced in Section 1, and listed' in Exhibit "A ", being included in the .project, and the City Council hereby approves the Negative Decalaration. R -8063 Resolution No. 8063 (1992 Series) Page 2 SECTION 3. Adoption. 1. The Land Use Element is hereby amended as shown in Exhibit "B ". 2. The Community Development Director shall cause the change to be reflected in documents which are on display in City Hall and which are available for public use. SECTION 4. Related Action. That the request for the general plan amendment text change to add text to Section C.S.b. of the Land Use Element regarding the appropriateness of office development at the site be approved as follows, based on the following finding: An area north of Prado Road and east of Elks Lane, which may be changed to an urban land -use designation when the flood hazard is mitigated. The portion of this area abutting Prado which is generally focused on the intersection of Prado Road and South Higuera Street. Finding 1. The proposed general plan text amendment is consistent with the goals and policies of the General Plan, subject to the area limitations of the planned development. On motion of Councilmember Roalman , seconded by. Councilmember Pinard and on the following roll call vote: AYES: Councilmembers Roalman, Pinard, and Reiss NOES: Councilmember Rappa and Mayor Dunin ABSENT: None the foregoing resolution was passed and adopted this 1st day of September, 1992. Resolution No. 8063 (19.92 Series) Page 3 unin ATTEST: V City Cle Pam Vog s APPROVED: ity A inistrative Officer ff r MAINE, Mir"m Mp,�, �I EXHIBIT A Prado Center Environmental Review ENVIRONMENTAL REVIEW ER 14 -91 SUMMARY OF MITIGATION MEASURES & MONITORING PROGRAM In conformance with AB 3180, the following mitigation measures will be monitored as indicated below: 22 1. Banks, real estate offices, financial institutions, medical clinics and doctor offices, and lawyers offices will not be allowed to be established at this site. Monitoring= This restriction on allowed offices at the site shall become a condition of Preliminary Development Plan approval, and entered in the City's Land Use Inventory to alert staff of the restriction in its review of business licenses for new uses established at the site. 2. A text amendment to Section C.S.b. of the adopted LUE, which specifically identifies the site as a part of the Social Services government pole, shall be approved. Precise language of the text amendment shall be as approved by the Planning Commission and City Council. Monitoring: The Planning Commission and City Council will need to review and consider the proposed modification to the LUE text for appropriateness and consistency with general plan goals. 3. The applicant shall either install a traffic signal, or alternative traffic control measures acceptable to the City Engineer, at the Elks Lane and South Higuera Street intersection with the development of project Phase 3. Prior to approval of the precise plan for Phase 3, the applicant shall submit a report which studies the feasibility of signal installation and evaluates alternative traffic control measures available. Monitori= The requirement would be incorporated into planned development approval. The required report would need to be submitted with the application for architectural review of Phase 3. Prado Center Environmental Review 23 4. The plan shall be revised to show a realignment of Elks Lane that is designed for a 25 MPH design speed, including its connection and transition with the existing street, and include a separated and defined pedestrian drop -off point, to the satisfaction of the City Engineer. Monitoring, The City Engineer, by reviewing project plans during precise plan review, architectural review and building permit plan check, would confirm whether the street alignment was consistent with City design standards. S. The southernmost driveway entrance to parking facilities closest to the Elks Lane and Prado Road intersection shall be designed to allow for adequate sight distances and minimize conflicts in turning movements. Possible alternatives include: moving the entrance further to the north; or adding a median in Elks Lane near the intersection to prevent left turns out of the parking lot. Monitoring: The precise plan for the project and architectural plans for Phase 1 shall reflect a driveway solution acceptable to the Community Development Department and Public Works Department staffs. . 6. The applicant will be required to pay a pro -rata share to the City of the cost of proposed area -wide traffic improvements as detailed in the traffic study prepared for the project and dated May 1, 1992. Monitoring: Fees would be collected at the time of building permit issuance. A payment schedule to coordinate with project phasing would be developed. 7. The applicant shall submit a trip reduction program containing a list of actions to reduce auto use to the Community Development Director for review and approval. The plan shall include the following components: a. Designate a Transportation Coordinator to organize ride- sharing and other trip reduction programs, post and disseminate information to employees about transportation alternatives, survey employees regarding preferences, and provide on -going monitoring regarding program success; b. Provide bicycle parking and lockers and showers in the project to encourage employees to ride bicycles to work; C ,C Prado Center Environmental Review 24 c. Coordinate with the City regarding development of a bus turnout, passenger shelter and transit sign to serve the project; . d. Adopt a goal to increase Average Vehicle Ridership (AVR) to 1.5 within 3 years of first building occupancy; e. With combined employees of 100 or more, sponsor a van pool service. Monitoring: City Community Development Department, or Public Works Traffic Division, staff would monitor the trip reduction program annually until the County APCD sets up an independent monitoring program. 8. Consistent with the recommendations included in the Seismic Safety Element, a detailed soils and geology report needs to be submitted at the time of building permit which considers special. grading and construction techniques necessary to address the potential for liquefaction. Monitoring_ Community Development Department staff would review the report and its recommendations in evaluating the project plans as part of building permit plan check. 9. Consistent with Municipal Code Section 15.44.270, all graded surfaces shall be wetted, protected or contained in such a manner as to prevent dust or spill upon any adjoining property or street. The following measures shall constitute the project's dust management plan and shall remain in effect during all phases of that project's construction: a. Regular wetting of roads and graded areas (at least twice daily with complete coverage of all active areas); b. Increasing frequency of watering whenever winds exceed 15 mph; C. Cessation of grading activities during periods of winds over 25 mph; d. Direct application of water on material being excavated and /or transported onsite or offsite; e. Watering material stockpiles; and Prado Center Environmental Review f. Periodic washdowns, or mechanical streetsweeping, of Broad Street and Rockview Place in the vicinity of the construction site. 25 g. Non - potable water is to be used in all construction and dust control work. Monitoring Grading practices shall be monitored by Community Development Department staff through field inspections during project construction. 10. The finish floor of project buildings shall be raised to a minimum of 136.5' elevation to be consistent with the City's Flood Damage Prevention Regulations: Monitoring This shall be reviewed by Community Development Department and Public Works staffs by reviewing project plans during precise plan review, architectural review and building permit plan check. 11. A qualified archaeologist will be retained to monitor project grading and trenching activities. If excavations encounter significant cultural materials, construction activities which may affect them shall cease until the extent of the . resource is determined and appropriate protective measures are approved by the Community Development Director. The Community Development Director shall be notified of the extent and location of discovered materials so that they may be recorded by a qualified archaeologist.. 12. If pre - historic Native American artifacts are encountered, a Native American monitor should be called in to work with the archaeologist to document and remove the items. Disposition of artifacts shall comply with state and federal laws. A note concerning this requirement shall be included on the grading and construction plans for the project. Monitoring (Mitigation Measures 11 & 12): Prior to issuance of a building permit, the applicant shall submit for Community Development Department review and approval an archaeological work program detailing the plan for monitoring and the archaeologist retained to monitor construction. 13. The existing structures on the site shall be reviewed by the Cultural Heritage Committee and the Architectural Review Commission. The farm house and water tower buildings shall be photo- documented prior to their demolition. 1 1 / Prado Center Environmental Review 1 26 Monitorine• Community Development Department staff shall monitor by sending demolition . plans to the CHC and ARC. Standards for photo - documentation shall be set by the CHC. 14. All office buildings and other project facilities shall be located at locations on the site with magnetic field readings (resultant values) of 1.0 mG or less. A report needs to be prepared and additional measurements taken to conf rm where on the site that those readings occur. Building footprints may need to be adjusted to accommodate this standard. Monitoring: This shall be reviewed by Community Development Department and Public Works staffs by reviewing project plans during precise plan review, architectural review and building permit plan check. 15. If the Community Development Director determines that the above mitigation measures are ineffective or physically infeasible, he may add, delete or modify the mitigation to meet the intent of the original measures. GENERA,. PLAN MAP AMLNDMENT EXHIBIT B GP/Rl 516 r r ltc� I j Change from Interim Open Space 7-�: to Office I a 1" = 1,000' a � � � �," � �� RESOLUTION NO. 8062 (1992 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING THE TREE COMMITTEE'S DECISION TO DENY TREE REMOVAL REQUEST AT 288.HERMOSA WAY WHEREAS, the San Luis Obispo Tree Committee feels that the large Italian Stone Pine located at 288 Hermosa Way is an exceptional specimen tree and should be preserved; and WHEREAS, after reviewing the plans, the members requested that the plans be revised to allow for the preservation of the tree; and WHEREAS, they felt it was possible to design the addition in such away so as to allow for its retention. NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Luis Obispo upholds the Tree Committee's decision to_deny the tree removal request at 288 Hermosa Way. Upon motion of Councilmember Rappa , seconded by Councilmember Pinard , and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, Reiss, Roalman and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was adopted this 1st day of September 1992. ,L Uot,46 'M-ayor on unin ATTEST PameA Voges, Cio Clerk 288hermosa/wp#1 R -8062 ASO, Ja RESOLUTION N0.8061(1992 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING BIA FEE SCHEDULE FOR THURSDAY NIGHT ACTIVITIES BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution 6942 (1991 Series) is hereby rescinded. SECTION 2. That the Fee Schedule for Thursday Night Activities, attached hereto marked Exhibit "A" has been reviewed and incorporated herein by reference, is accepted. Recommended changes shall be made from time to time by the BIA Board of Directors for subsequent Council approval. On motion of Councilmember Reiss , seconded by Councilmember Rappa , and on the following roll call vote: AYES: Councilmembers Reiss, Rappa, Pinard, and Mayor Dunin NOES: Councilmember Roalman ABSENT: None the foregoing resolution was adopted this 1st day of September unin ATTES Pam Vo es, City rNerk APPROVED: R -8061 i 1 THURSDAY NIGHT ACTIVITIES /FARMERS' MARKET FEE SCHEDULE ALL FEES ARE BASED ON A PER NIGHT BASIS, AND MUST BE PAID IN ADVANCE. Ongoing participants will be billed quarterly, 30 days in advance of the start of the quarter with payment due by the 15th of the month starting the quarter. BILLING DATES QUARTER DUE DATE December 1 (lst)January, February, March January 15 March 1 (2nd)April, May, June April 15 June 1 (3rd)July, August, September July 15 September 1 (4th)October, November, December October 15 Permits will be revoked for non - payment of fees within 30 days of the due date. An interest rate of 18% will be charged for all late payments (paid after the due date). FEE SCHEDULE: PER WEEK Barbecue ..... • • ....... • ............. ..................$ .16 (total square footage x$.16 per square foot) BIA Member Food Vendors... ............... ...................$ 10 -$30 ($10 per 10 feet of space, 30feet maximum) BIAMember Direct Sales...... ..... ........................$ 5 -$10 ($5 per 10 feet of space, 20 feet maximum) Direct Sales -Non Profit ... ............. .................$ 10 ( Four times per year, 8 foot space maximum) Information -Non Profit .......... ..............................$ 10 ( 8 foot space maximum) Media............ ............. ..............................$ 25 ( 8 foot space maximum) Entertainment................... ..............................$ 5 Non - Competing Business........... ............. ............$ 50 -$100 ($50 per 10 feet, 20 feet maximum) ---------------------------------------------------------------------- NOTE: The Farmers' Market Association is charged 1% of its gross sales and 10% of the event's fixed costs, payable quarterly. Fixed costs include barricades, garbage collection, janitorial, and administrative costs. Revised 7/92 EXHIBIT A � • � ��, �, � �� �° M1 `� � �� r ; In The Superior Court of The State of California In and for the County of San Luis Obispo No. N-o11 STATE OF CALIFORNIA, ss. County of Son Luis Obispo AFFIDAVIT OF PUBLICATION I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen and not interested in the above - entitled _( _ ; I am now, and at all times embraced in the publication herein mention was, the principal clerk of the printers and publishers of the SAN LUIS OBISPO COUNTY TELEGRAM- TRIBUNE, a newspaper of general circulation, printed and published daily, Sundays ex- "�a.�' ' cepted, at the City of San Luis Obispo in the above atiY oC �_._ l� San lues oatspo, ^ named county and state; that Yllf? 1 �.�/ CITY COUNCIL HEARING THURSDAY NIGHT FEES The Sari Luis Obispo City Council will hold a public I hearing an Tuesday, Septem- ber 1, 1992, to discuss . changes to the Thursday Night/Farmers' Market Rules and Regulations and fee at which the annexed clipping is a true printed copy, was structure. The fee changes recommended by the Busi- published in the above -named newspaper and not in any ness Improvement Associa- tion include: 1) Information supplement thereof — on the following dates, to -wit: and Non Profit groups charged $10 per night up from the current $5; 2) Media charges raised from $10 to $25 per night; 3) Barbecuers per foot charge raised 5% to $.16; and, 4) Increase in fees paid by the Farmers' Associa- tion to cover 10% of the fixed costs including garbage, bar- ricades and janitorial. j The meeting will be held in that said news dui and regularly ascertained newspaper was y re y ce ne the Council Chambers of City Hall, 990 Palm Street begin - and established a newspaper of general circulation by ning at 7:00 p.m. If you have any questions concerning this r Decree entered in the Superior Court of San Luis Obispo Item, please call the Business Improvement Association at County, State of California, on June 9, 1952, Case #19139 541.0286. by /s/Pam Voges; City Clerk under the provisions of Chapter 1, Division 7, Title of the Aug•27,1992 av3m11 I Government Code of the State of California. I certify (or declare) under penalty of perjury that the foregoing is true and correct. of Principal Clerk) Date s 7 , 19 q L' to K d 'LS c: N X `*7 C CL to M q IL a OC 0 C f1 a 0 .i EP CD A O R 2. 11 R_ O A n 0 e 0 on a Z _e 0 W 0 v RESOLUTION NO.8060 (1992 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING BIA RULES AND REGULATIONS FOR THURSDAY NIGHT ACTIVITIES BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution 6941 (1991 Series) is hereby rescinded. SECTION 2. That the BIA Rules and Regulations for Thursday Night Activities, attached hereto marked Exhibit "A" and incorporated herein by reference, have been reviewed and are accepted. Recommended changes shall be made from time to time by the BIA Board of Directors for subsequent Council approval. by On motion Of Councilmember Reiss Councilmember Rappa call vote: , seconded , and on the following roll AYES: Councilmembers Reiss, Rappa, Pinard, and Mayor Dunin NOES: Councilmember Roalman ABSENT: None the foregoing resolution was adopted this 1st day of September ATTEST: Pam VogpS, City C1 Tj APPROVED: ' :1.1 N 0 0 W c oy•oCD wcDy my m c Cl) z fA V/ Z r m C �c'm'a O - co -. m y -� 0 --j 0 0 Fp c - 0 �� y y w C) zm Z� mu a 0 o m z O C \� R "Ci OCQ Q. C 'o C B �' cn I.��• ri C'1 e TY 0 r r C y a R •o' w y C m m< z i I oy•oCD wcDy my b0� fA �c'm'a `gym co oao. t3 fDOCDy.e'' -. �w wwE Fp CO .7 w 0 �� y y ..� O C CD fD rwp o �a� I�� .d o o :03 o ° 0 .� . b• .n,. R y w y < 4 R "Ci OCQ Q. C 'o C B �' O Z m n R O •00 7 O A O 0 C .': N rLy QO O C S. to O M .+ 'T Y rw a 0 R ran m o f° O m F r. 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C R CD CD �D� `,,, °+o ~ate ^0 �0y o� . w o w 0 a y c^D =� 0 R co O w 00 y 0 0 ^ O b O O C d cD CL 0 E a R CD y "y w cD 3 w w w O 0 a c� a3. 0 w << y' 0 ro C ti w �°' O �S w" w 0 w a CD a N M y 0 afD CO y m o �,7' a �. w n R a a c 0. y CD y O do !D E a ."'t M C a n O 3 5 — w A) _ R ^ c c9 O O Co Vo fD cD 0 co R. 0 m r• a J V17 ovA'4v c ^� 0 RESOLUTION NO. 8059 (1992 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A USE PERMIT FOR INTERMITTENT TENT USE AT MISSION PLAZA (TP 161 -92) WHEREAS, the Chamber of Commerce applied to the City for authorization to erect a tent on city-owned property at Mission Plaza on September 19, 1992, said tent to be used for the "SLO EXPO" event, which would be open to the public; and WHEREAS, on September 1, 1992, the Council conducted a hearing to consider the Tent Permit Application 161 -92, as provided in Section 15.24.050 of the Municipal Code. NOW, THEREFORE, the Council of the City of San Luis Obispo approves the Tent Permit Application based on the following findings: SECTION 1. Approved Use of Tent The tent may be used for the preparation and sale of food by vendors approved by the applicant. SECTION 2. Findings 1. Occupancy of the tent structure for assembly purposes will not constitute a fire hazard, if conducted in accordance with all provisions of the city's Fire Prevention Code. 2. The proposed tent will not be detrimental to public safety, interest, or welfare. SECTION 3. Conditions: 1. Tent may be erected for a period of not more than three consecutive days for the "SLO EXPO" event during the month of September each year. Thirty days prior to the proposed event, the applicant shall notify the Fire Marshall, Community Development Director, and Health Officer of the proposed dates. Notification shall be in writing, and shall include information regarding proposed dates and times of the sale, and shall include a copy of the approved site plan (Exhibit A). Any proposed changes to the approved site plan or to the type of activity allowed by this use permit must be clearly noted. 2. The use permit shall be subject to review by the Council, who may order a public hearing if any of the following occur: R -8059 Resolution No. 8059 (1992 Series) Tent Permit 161 -92 Page 2 a. There are violations of any of the conditions of this use permit. b. Changes are made to the site plan or the activities allowed by this use permit. C. Written complaints from citizens or the Police or Fire Departments are received by the Community Development Department. d. the Council determines that conditions within the community have changed to the . extent that. warrants further review at a public hearing. 3. Applicant shall comply with all provisions of the Uniform Fire Code. On motion of Coundilmember Roalman ,seconded by Councilmember RaDna , and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1st day of September , 1992. ayor Ron Dunin A City Qlerk Pam vo Resolution No. 8059 (1992 Series) Tent Permit 161 -92 Page 3 ,•TB;• _6 City A ministrative Officer Community Dedelo$ment Director ^,ti ♦ `e ' +'f t^�e�e! rwi.�`O ��• ate 4�.�q ° slir�� Q � 40 fy' � d \ ? yi+F'LyA+ „h `{n�5• -t' y` S y, O � o� �� ae' + ;' e� �yf.•y A . Aim ' O +Y � �e ��,�se O � j �e +e �� der S r• •+ '� ,, i O L aIq' y ej b.\ J ti�y7 v M/ to 4 0 d•y 4. r for O ��/ dl+fw• • � °° y� e e w pN' S Id S < a ? "•'�'f+ dr. 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J 'T S J� ..4rF a �e l > iS ° T� �y �' 0 1 :rri.fif ad r . d ,L {/ +' • r� . ^'e - iR,• '7• •.yt +rr +.• irJ a �.i .+ 1` �y (t'" 6 'f 9i aS� fit •ji�r +' .T \ ic, ,�� �s ,o,� *c,, R >,Y =� 10 50 100 200 /_•`v\jpp �• v v+ •� +•• e >•+ �,� i¢ ` • \ ' � � ••a '�+ • ,•e a `�L �i L qh dA VICINITY MAP TP161 -92 NORTH MISSION PLAZA A (Alwill, Vj CA "CvV RESOLUTION NO. 8058 (1992 Series) A RESOLUTION OF INTENTION TO ABANDON A PORTION OF MILL STREET BETWEEN BROAD AND NIPOMO STREETS BE IT RESOLVED by the Council of the City of .San Luis Obispo as follows: SECTION 1. It is the intention of the City of San Luis Obispo to abandon a portion of Mill Street between Broad and Nipomo Streets, as shown on the map marked Exhibit "A' attached hereto and incorporated herein by such reference, pursuant to Section 8300 et. seq. of the Streets and Highways Code, and that the abandonment shall be subject to the following findings, conditions, and code requirements: Findings 1. The portion of right -of -way to be abandoned is not needed for present or future street purposes. 2. The proposed street abandonment is consistent with the Circulation Element of the General Plan. 3. The proposed street abandonment is categorically exempt from environmental review under the City's Environmental Guidelines and the California Environmental Quality Act, Section 15301. Conditions 1. An easement at least 20 feet in width shall be reserved for emergency access, to the approval of the Fire Marshal. 2. An easement shall be reserved for public pedestrian and bicycle access, to the approval of the Community Development Director and City Engineer. 3. An easement shall be reserved over the entire area to be abandoned for existing and future water, sewer, storm drain and public utilities purposes.. 4. Applicant shall prepare and submit a common access driveway agreement to the City for approval and recordation which provides access for large delivery vehicles and moving vans R -8058 Council Resolution No. 8058 (1992 Series) Page 2 to 570 Peach Street. The agreement shall be to the approval of the City Engineer and affected property owners. 5. The applicant shall construct curb, gutter, sidewalk and driveway ramps at the Nipomo Street and Broad Street intersections (including necessary transitions from back of driveway ramp to existing grades), in accordance with city Standards, to the approval of the Cty Engineer. 6. Applicant shall construct a drainage way to conduct surface run -off to Nipomo Street, to the approval of the City Engineer. SECTION 2. Copies of the map showing the particulars of the proposed abandonments are also on file in the office of the City Clerk, at 990 Palm Street. SECTION 3. Tuesday, October 6, 1992, in the Council Chamber of the City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all persons interested in or objecting to the proposed abandonment, which time is not less than fifteen (15) days from the passage of this resolution. SECTION 4. This resolution, together with the ayes and noes, shall be published once in full at least ten (10) days before the public hearing on the proposed street abandonments, in the Telegram- Tribune, a newspaper published and circulated in this city. SECTION S. The City Engineer shall post at least three (3) notices of the proposed abandonments in prominent locations near the portion of the street to be abandoned at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of the Streets and Highways Code. Council Resolution No. 8058 (1992 Series) Page 3 SECTION 6. The City Engineer shall notify utility companies affected by the proposed abandonments within ten (10) days after adoption of the Resolution of Intention in accordance with Section 8347 of the Streets and Highways Code. On motion of Councilmember Roalman , seconded by Councilmember Rappa I , and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1st day of September , 1992.. ATTEST: Vog— ess FYi �l Council Resolution No. 8058 (1992 Series) Page 4 APPROVED: City Administrative Officer Attachment: Exhibit A. Street Abandonment Map D r V o' N I POMO BROAD ST. EXHIBIT A o� B� 0\ )& 7j) � OY CIA Cloy* w C' 0 RESOLUTION NO. 8057 (1992 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2073 (L. Maksoudian, et al, Subdivider) WHEREAS, the City Council.made certain findings concerning Tract 2673 as contained in Resolution No. 7036 (1991 Series), and WHEREAS, all conditions required per Resolution No. 7036 (1991 Series) for Tract No. 2073 have been met. NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for Tract No. 2073. On motion of Councilmember Roalman seconded by Councilmember Rappa and on the following roll call vote: AYES: Councilmembers Roalman, Rappa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 1st day of September , 1992. MAYOR Ron Dunin ATTE % % L/ CITI CLERK Voges R -8057 Resolution No. 8057 (1992 Series) Page Two ,_ . z• I 1 City EnSineer APPROVED AS TO FORM: or A .1 rmmlc 4 ff�Av Iff or P: \jerry \T2073FM.wp i ��L� L;,,��' � � �� ��.� �� �� �� ;� RESOLUTION NO. 8056 (1992 Series) Declaration of Co- sponsorship of the Graywater Seminar, Titled Gray =Green 2 WHEREAS, water is California's most precious natural resource, and; WHEREAS, the City Council of the City of San Luis Obispo has enacted legislation to maximize water use efficiency in the City, and; WHEREAS, the WateReuse Association of California and the California Department of Water Resources are conducting a seminar to disseminate available knowledge about graywater technology, on November 18, 1992, and; WHEREAS, graywater is now generally recognized as a safe method of water conservation under appropriate use conditions. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo declares itself an official sponsor of the graywater seminar, titled Gray =Green 2. Upon motion of Councilmember Pinard , seconded by, Councilmember Rappa and on the following roll call vote: APES: Councilmembers Pinard, Rappa, Reiss, Roalman, and Mayor Dunin NOES None ABSENT: None The foregoing resolution was adopted the 1st day of- September 1992. s ayor on unin ATTES : Pam V es, City Cler APPRO John i5u tityF Admini rative Offi er f gens n, Ci Att ey R -8056 ����� �� �.� �1" c�� �� �.� O n RESOLUTION NO. 8055 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A TWELVE -MONTH TIME EXTENSION FOR TENTATIVE TRACT NO. 1673 LOCATED AT 3440 S. HIGUERA STREET WHEREAS, The subdivider requests a twelve -month time extension to complete processing of the final map; and WHEREAS, reasonable progress has been made toward filing of the final map; and WHEREAS, the circumstances and findings of the original tract approval are unchanged; NOW THEREFORE, the City Council resolves as follows Section 1. That Tract 1673 is granted a twelve -month time extension, to August 15, 1993, subject to original tract map findings and conditions as specified in City Council. Resolution 6667 (1989 Series), attached. vote: On motion of Councilmember Roalman , seconded by Councilmember Rappa , and on the following roll call AYES: Councilmembers Roalman, Rappa, Finard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing resolution was passed and adopted this 1st day of September , 1992. Mayor Ron Bunin R -8055 Resolution No. 8055 Tract 1673 Page 2 APPROVED: (1992 Series) ;;)�� City A inistrative Officer 1i --y RESOLUTION NO. 8054 (1992 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING THE ARCHITECTURAL REVIEW GUIDELINES CONCERNING AESTHETICALLY INSIGNIFICANT PROJECTS The Council resolves as follows: The City's architectural review guidelines (published as "Architectural Review in San Luis Obispo "), section titled "which projects need ARC approval," are hereby amended to read as shown below. The Community Development Director shall cause the change to be reflected in the documents published by the City. "Architectural review is required for all building projects in the city, except for the following: 1. Aesthetically insignificant projects. The Community Development Director may determine that a new small structure, a change or addition to an existing building, or other site feature, has no potential for conflict with the objectives of architectural review due to -its size, location, form, materials, and colors. In such cases, no separate application or fee are required. The determination will be noted in the project's building- permit file, if any, or in the site's address file. 2. Minor or incidental projects. The Community Development Director may determine that work such as a sign, a building addition or remodel, or a new small structure is.minor, or incidental to a larger,'previously approved project. Plans for projects which an applicant believes are minor or incidental are submitted for staff review, along with an application and fee. The Community Development Director decides within about ten'days if the project must be reviewed by the ARC. If not, the Director may approve the project, subject to appropriate changes or conditions. The Director's action may be appealed to the ARC. 3. Individually built houses. Plans for a single - family house need.architectural approval only .when: (a) required as a subdivision condition for the lot, (b) an applicant proposes to build three or more houses in the same area, or (c) the Community Development Director determines the location is a sensitive site." R -8054 Resolution No. 8054 Page 2 (1992 Series) 10; On motion of Vice -Mayor Rappa , seconded by Councilman Reiss and on the following roll call vote: AYES: Vice-Mayor .Rappa, Councilmembers Reiss, Roalman, and Mayor Dunin NOES: Councilwoman Pinard ABSENT: None the foregoing resolution was passed and adopted this 18th day of August , 1992. ATTES City lerk Pam V es APPROVED: City A*inistrative Officer Community Dev400ment Director gmH: FAST- RES.WP u RESOLUTION NO. 8053 (1992 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR MINOR SUBDIVISION NO. 91 -192 LOCATED AT 1105 GEORGE 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 Minor Subdivision No. 91 -192, and the Community Development Director's recommendations, staff recommendations and reports thereon, makes the following findings: 1. As conditioned, the design of the tentative map and proposed improvements are consistent with the General Plan. 2.- The site is physically suited for the type and density of development allowed in the R -2 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 tentative map or the type of improvement will not conflict with easements 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, and the City Council hereby approves the negative declaration. SECTION 2. Exceptions.. Approval of exception to required lot dimensions width, depth, and size - based on the following findings: 1. The property to be divided is of such size and shape that it is impractical and undesirable in this particular case to conform to the strict application of the subdivision regulations. R -8053 Resolution No. 8053 Page 2 C' 2. Site development standards are specified in the conditions of approval to ensure site development that is representative of and compatible with the scale and character of existing development in the neighborhood, to ensure consistency with the general plan; to enable adequate useable outdoor space; to minimize the necessity for topographic modification; and to ensure that the cost to the subdivider of strict or literal compliance with the regulations is not the sole reason for granting the exceptions. 3. The historic nature of the existing house, to be relocated onto Parcel 1, merits exemption from the- square footage and footprint limitations required for houses on Parcels 2, 3, and 4. 4. Granting the exceptions to the lot depth, width, and size requirements will not be detrimental to the public health, safety, and welfare, or be injurious to other properties in the vicinity. 5. Granting the exceptions to lot depth, width, and size requirements is in accord with the intent and purposes of subdivision and zoning regulations, and is consistent with the general plan. SECTION 3. Exceptions. Approval of exception to grading standards, based on the following findings: 1. The exception hereby granted -- to allow grading of approximately 63% of Parcel 2 and 42% of Parcel 3, exclusive of building footprints, where the Grading Ordinance would otherwise allow 20% -- is subject to such conditions as will assure that the additional grading authorized shall not constitute a grant of special privilege inconsistent with the limitations upon other properties in the same vicinity. 2. Because of special circumstances applicable to subject property, including size, shape, topography, location, or surroundings, the strict literal application of the grading limitations is found to deprive subject property of privileges enjoyed by other properties in the vicinity. 3. Under the circumstances of this particular case, the exception is in conformity with the purposes of the grading ordinance as set out in Section 15.44.020. SECTION 4. Conditions. That the approval of the tentative map for Minor Subdivision No. 90 -286 be subject to the following conditions: n Resolution No. 8053 Page 3 MS 91 -1921 1105 George Street 1. The subdivider shall submit a final map to the city for review, approval, and recordation. 2. The existing house shall be relocated onto Parcel 1 prior to final map approval. 3. The final map shall note that Parcels 1, 2, 3, and 4 are determined to be sensitive sites, and that development on these lots shall require architectural review prior to the issuance of building permits. New development shall be compatible with the prevailing character of the surrounding neighborhood in terms of scale, massing, architectural style, yards, and height. 4. Parcels 1, 2, 3, and 4 shall be addressed as assigned by the Community Development Department. Addresses for all lots shall • be posted at the street frontage to the approval of the Community Development Department. 5. All boundary monuments and lot corners must be tied to the city's control network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map along with a 5 -1/4" computer floppy disk, containing the appropriate data for use in Autocad for geographic information system purposes. 6. The subdivider shall dedicate a 6 -foot public utility easement and a 10 -foot street tree easement along all street frontages. 7. The subdivider shall provide street 'lighting per city standards, to the satisfaction of the City Engineer. 8. The subdivider shall install standard frontage improvements (6 -foot wide integral curb, gutter, sidewalk, and driveway ramp) and street pavement along street frontages to the satisfaction of the City Engineer. (4 -foot wide sidewalks are approved for Ella Street; full street pavement required on Henry Street; paveout required on George and Ella streets.) 9. The existing wall on George Street shall be removed from the public right -of -way. 10. To ensure consistency with residential objectives contained in the general plan regarding provision of adequate, private, useable outdoor space, all parcels shall provide a minimum of 750 square feet of qualifying open space as defined and described in Section 17.82.110 J, K, and L of the condominium development regulations. To qualify as open space, yards cannot exceed 5% slope.. A street yard of no less than 10 feet shall be provided along r' Resolution No. 8053 Page 4 MS 91 -192, 1105 George Street the Ella Street frontage allowing the applicant requirement. Any struct minimum of 20 feet from Street. This condition permit A100 -92. of Parcel 3, for to meet the ure on Parcel 3 Ella Street and shall supercede • the sole purpose of minimum open space shall be set back a 10 feet from Henry condition 1 of use 11. To assure consistency with residential objectives contained in the general plan regarding provisions for privacy, second story decking shall be setback a minimum of 10 feet from the nearest property line. 12. To better ensure that site development is compatible with the prevailing single family residential development in the neighborhood, which is primarily single story, the absolute maximum height, measured from finished grade to the highest point on the roof, for buildings on each of parcels shall be 25 feet. 13. To ensure continuity of neighborhood character in terms of the scale and pattern of existing development, and to minimize the need for grading on the sloped portion of the site, consistent with the intent of the city's subdivision and grading regulations: a. Building footprints on Parcels 2 and 3 shall be limited to a maximum of 1,250 square feet; b. Development. on Parcels 2 and 3, for which an exception to the slope /density reduction standard is being requested, shall be limited to a maximum building area of 1,800 gross square feet, including garage space. C. Development on Parcel 4 shall be limited to a maximum building area of 1,800 gross square feet, including garage space. Provisions of the condition shall supercede condition.3 of. use permit A100 -92. 14. Consistent with the City's density standards, development on each of the four parcels shall be limited to 1 two- bedroom house. 14. Conditions 10 through 14 shall be noted on the final map, and the subdivider shall submit CC &R's for each of the parcels created to the Community Development Director :for review, approval, and recordation, which clearly describe the noted conditions. Resolution No. 8053 ..Page 5. MS 91 -192, 1105 George Street 15. All trees to be removed as a result of site grading and development are to be replaced at a ratio of two to one to the satisfaction of the Community Development Director and the City Arborist. 16. The two Coast Live Oaks, which are otherwise .proposed for removal, shall be hand dug by qualified personnel, burlapped and balled, and relocated on.the site to the satisfaction of the City Arborist. 17. The planting of street trees shall be deferred until after site grading and lot development are completed to avoid damaging newly planted trees. SECTION 5. Code Requirements. The following are required by city codes, but not all code requirements are listed: 1. All structures on Parcels 1, 2, 3, and 4 shall be equipped with automatic fire sprinkler systems. 2. All applicable water and sewer fees shall be paid prior to building permit issuance. 3. Street trees shall be installed to city standards and to the satisfaction of the City Arborist. 4. The subdivider shall install individual sewer, water, and utility services for each parcel. New utilities shall be underground. 5. New lot corners shall be staked by a registered civil engineer or licensed land surveyor. 6. The subdivider shall pay park -in -lieu fees as determined by the Community Development Department prior to final map approval. 7. All lots must be sewered to Either Ella or George streets. On motion of Councilmember Rappa , seconded by Councilmember Pinard and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, Reiss, Roalman, and Mayor Dunin NOES: None ABSENT: None Resolution No. 8053 Page 6 MS -91 -192, 1105 George Street the foregoing resolution was passed and adopted this 18th day of August , 1992. Mayor Ron ATTEST: City CQ.erk, Pam APPROVED: ty Ad 'nistrative Officer Aw Jk V- 0 RESOLUTION NO. 6667 (1989 Series) RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF TENTATIVE MAP FOR TRACT 1673 LOCATED AT 3440 SOUTH HIGUERA STREET BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findines. That this council, after consideration of the tentative map of Tract 1673 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 development allowed in a GS zone. i 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 easements 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. The approval of the tentative map for Tract 1673 shall be subject to the following conditions: 1. Conditions, Covenants and Restrictions (CC &R's) for the tract shall be approved by the Community Development Director and shall contain the following provisions: a. Property owners association shall be created to enforce the CC &R's and provide for professional, perpetual maintenance of common areas including, but not limited to driveway, parking lot, landscaping, utilities and building exteriors. 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 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. The parking lot at the northeast corner of the site may also be used by the public for access to San Luis Creek and related recreation uses. d. Ownership of air -space units shall be limited to not more than 19 separate ownerships. Ownership of air - space units shall not be sold or otherwise transferred in such a way as to conflict with any law or regulation, including but not limited to city fire and building codes. R 6667 Resolution No. Tract 1673 Page 2 6667 (1989 Series) 0 e. There shall be no change in city - regulated provisions of the CC &R's without prior approval of the City Council. 2. Subdivider.shall provide individual water services for each unit: Meters shall be clustered to the approval of the Community Development Director and the City Engineer. 3. 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. 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 companies. 5. The subdivider shall record a common access driveway and shared parking easement agreement for Lots 1 and 2, to the approval of the Community Development Director. As an option, the subdivider may combine Lots 1 and 2 to the approval of the Community Development Director. 6. Prior to final map recordation the subdivider shall pay, or arrange to pay the city for the cost of equivalent standard curb, gutter and sidewalk along the Prado Road frontage on or adjacent to the Prado Road Bridge. 7. Subdivider shall combine the southern most driveway with the existing driveway serving the Tenwise Commercial Center. If negotiations are unsuccessful between the subdivider and Tenwise property owner the City Council shall reconsider this requirement and either pursue condemnation to secure the common driveway or delete this condition altogether. 8. All buildings within the project shall be fire sprinklered to the satisfaction of the City Fire Marshal. 9. Prior to building permit issuance, the subdivider shall submit for review and approval by the Community Development Director a trip reduction plan to minimize the use of private automobiles to the extent feasible. 10. Exiting vehicles from the northerly parking lot shall be restricted to right turn (southbound) only egress. Methods for traffic restrictions, such as signage, striping and channelization, shall be submitted for review and approval by the Community Development Director prior to building permit issuance.. On motion of Councilwoman Rappa . seconded by Counc.i1woman Pinard and on the following roll call vote: AYES: Councilmembers Rappa, Pinard, and Mayor Dunin NOES: Councilman Settle ABSENT: Councilman Reiss Resolution No. 6667 (1989 Series) Tract 1673 Page 3 the foregoing resolution was passed and adopted this 15th day of Augmst 1989. Mayor Ron Dunin ATTES V City erk Pam Vo e APPROVED: Community Development Director ������ e >�'c`v • RESOLUTION NO. 8052 (1992 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 OF JULY 1, 1992 - JUNE 30, 1994 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: Section 1 The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo City Employees' Association, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. Section 2. The Finance Director shall adjust the Personnel Services appropriation accounts to reflect the negotiated compensation changes. Section 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Tim Girvin, President SLOCEA; An McPike, Personnel Director; William Statler, Finance Director. On motion of Vice -Mayor Rappa , seconded by Councilman RoalmaD and on the following roll call vote: AYES -- Vice -Mayor Rappa, Councilmembers Roalman, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 18th day of August, 1992. R -8052 (A- 88- 92 -CC) N Resolution No. 8052 (1992 Series) Page 2 ATTEST: Cil Clerk Pam tges APPROVED: City dministrative Officer A or y Y Finance Director ' Personnel Director 0 ayor Ron unin ,VIP A- 88 -92 -CC MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION JULY 1, 1992 - JUNE 30, 1994 \ A-88-92-CC ($ Rg�S o 1 TABLE OF CONTENTS 2 Article No. Ti le Paae No. 3 1 Parties to .Agreement .................. 1 4 2 Recognition ........................... 2 5 3 Term of Agreement ... ............ ... 3 4 Renegotiation ......................... 4 6 5 Salary .. .... ..................... 5 7 6 Salary Survey. Agencies .................. 9 7 Overtime .......... . .............. 10 8 8 Longevity ....................... .. 12 9 9 Education Incentive .................... 14 10 10 Standby ...... ............. ...... 15 11 Callback ............................. 16 11 12 Work Out -Of -Class ..................... 17 12 13 Temporary Assignment .................. 18 13 14 Payday ............................. 19 15 Paychecks Prior To Vacation .............. 20 14 16 Retirement ........................... 21 15 17 Insurance and Refund ...... . ......... 22 18 Retiree's Medical Insurance ............... 25 16 19 State Disability Insurance ................ 26 17 20 Holidays .......... ..... ............ 29 18 21 Sick Leave .......................... 31 22 Bereavement Leave .................... 35 19 23 Family Leave ......................... 36 20 24 Vacation Leave ....................... 38 21 25 Unplanned Vacation ..................... 40 26 Workers' Compensation Leave .............. 41 22 27 Work Schedule ....................... 42 23 28 Vacation Sell Back ..................... 43 24 29 Americans With Disabilities Act ............ 44 30 Transfer ............................ 45 25 31 Layoffs ............................. 46 26 32 Light Duty Assignment .................. 53 33 Class "17 Physicals .................... 54 27 34 Employee Lounge ........................ 55 28 7 0 ' l 1 35 Uniform and Uniform Allowance ........... 56 36 Safety Program ....................... 57 2 37 Required Footwear ..................... 58 3 38 Employee Rights ...................... 59 4 39 Grievance Procedure ................... 60 40 Representative Role .................... 63 5 41 Committee Representation ............... 64 6 42 Dues Deduction ....................... 65 43 Copies of Agreement . .........:....... 66 7 _. 44 Management Rights .................... 67 8 45 Peaceful Performance ................... 68 9 46 Full Agreement ....................... 70 47 Savings Clause ........................ 71 10 48 Authorized Agents ..................... 72 11 49 Signatures ...................... .. 73 12 Appendix A .......................... 74 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 7 0 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 August, 1992, 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. 6620 unless so stipulated to by provision(s) contained herein and agreed to. , 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 O ARTICLE 2 0 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620, 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 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 June 30, 1994. 0 3 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 C ARTICLE 4 RENEGOTIATION If the Association desires to negotiate a successor Agreement, then the Association shall serve upon the City, during February of 1994, 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. F1 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 SALARY SECTION A Rules Governing Steo 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 second step, provided the advancement is recommended by the department head and approved by the Personnel Director. (4) The fourth and fifth steps are to be awarded only if performance is deemed competent or above as shown on the last performance evaluation. An employee may be advanced to the fourth step after A 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25II 26 27 28 completion of one year of service at the third step provided the advancement is recommended by the department head and approved by the Personnel Director. 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. (5) The above criteria for step increases apply except where other arrangements are authorized by the Administrative Officer. (6) In applying the above rules, the next step shall be granted, other conditions having been met, on the first day of the payroll period within which the anniversary date occurs. (7) Should the employee's salary not be increased, it shall be the privilege of the department head and Administrative Officer to reconsider such increase at any time during the year. (8) Each department head shall be authorized to reevaluate employees who reach Step 5 in their pay range. An employee who is not performing up to standard for the fifth step shall be notified in writing that the department head intends to reduce him one step unless his job performance improves to an acceptable level by the end of 60 days. Prior to the end of 60 days the department head shall again reevaluate the employee and, as part of that reevaluation, shall notify the C I 1 employee if the pay reduction shall then become effective. The fifth step may be 2 3 reinstated at any time upon recommendation of the department head. If the 4 department head deems it necessary to again remove the fifth step during the same 5 fiscal year, he may make the change at any time with three business days written 6 notice. 7 SECTION. B "Y" Rating $ An employee who is not performing up to established job standards may be "Y" 9 rated, freezing his salary until such time as there is an improved job performance. 10 11 The department head shall give 60 days written notice to any employee he intends 12 to "Y" rate, giving the employee an opportunity to correct any deficiencies. A "Y" 13 rated employee would receive neither step increases nor salary increases granted 14 by the City Council in a MOA resolution. The "Y" rating procedure shall not result 15 (then or later) in the employee being frozen below the next lower step of the new 16 range. For example, if an employee is at step D when "frozen his salary shall not 17 18 ever be less then the current step C by this action. 19 SECTION C Computation of Salary Range 20 Each salary range consists of five steps (1 through 5). Steps 1 through 4 equal 21 95% of the next highest step, computed to the nearest one dollar. 22 Step 4 = 95% of Step 5 23 Step 3 = 95% of Step 4 Step 2 = 95% of Step 3 24 Step 1 = 95% of Step 2 25 Each across - the -board % salary increase shall raise step 5 of range 1 by that %. 26 Step 5 of each successive salary range will be 2.63% above step 5 of the next 27 28 7 1 2 3 4 5 6 7 8 9 1.0 11 12 13 14 15 16 17 18 19 20 21 22 23. 24 25 26 27 28 I� lower range. After all step 5's of salary ranges have been established, each step 5 shall be rounded off to the nearest $1.00 and the remaining steps established in accordance with the above formula. SECTION D Salary Provision for the Term of Agreement 1 The parties agree to a salary increase as set forth below to be effective on the first day of the first full payroll period in the month listed, for all employees employed by the City on the effective date of the increases beginning in July 1992. July 1992 2.5% July 1993 2.5% 2. Special Adjustments In addition to the increases set forth above, the Police Records Clerk classification shall be adjusted to range 210 effective the first day of the first full payroll period in July 1992. The Police Records Clerk II classification shall be adjusted to range 214 effective the first day of the first full payroll period in July 1992. K 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 0 ARTICLE 6 SALARY SURVEY AGENCIES Salary survey agencies shall continue unchanged when this MOA is renegotiated. The parties agree that this survey shall only be one of the considerations used to determine compensation.. 6M r 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 7 OVERTIME 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. 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. r 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 approved such compensation_. An employee may not be compensated in CTO for more than sixty (60) hours of overtime worked in the calendar 10 .J 1 year. Accumulated CTO not taken within the calendar year, shall be 2 compensated in cash at straight time. 3 4 5 Such compensation shall be paid in January of the following year. 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 J 26 27 28 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 ARTICLE 8 LONGEVITY. A. Employees with hire dates after December 31, 1973. Effective January 1, 1983, no employees will become eligible for longevity pay and employees then receiving longevity pay shall receive no increases in longevity pay based on additional service with the City. B. Employees with hire dates prior to January 1, 1973. Each employee shall be paid an additional one percent (1 %) 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). C. 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 Administrative Officer. D. 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 12 1( ll 1� 1� 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 O 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. 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 n n , ARTICLE 9 EDUCATION_ INCENTIVE Effective January 1, 1983, 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 December 31, 1982, shall be eligible for education incentive. 14 1 ARTICLE 10 2 STANDBY 3 - 4 A. Standby duty is defined as that circumstance which requires an employee so 5 assigned to: 6 Be ready to respond immediately to a call for service; 7 Be readily available at all hours by telephone or other agreed -upon 8 communication equipment; and 9 Refrain from activities which might impair his /her assigned duties upon 10 call. 11 12 B. An employee assigned to standby by management receives Thirty Dollars 13 ($30.00) for each week day, Thirty -five Dollars ($35.00) for each weekend 14 day, and Thirty -five Dollars ($35.00) for each holiday of such assignment. 15 C. For a return to work as part of a STAND BY assignment, as defined above, 16 the City will guarantee either two (2) hours pay in cash at straight time or pay 17 at time and one -half for time actually worked, whichever is greater. 18 19 D. The parties agree that employees on standby, as defined above, are "waiting 20 to be engaged." 21 22 23 24 25 26 27 28 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 ARTICLE 11 CALLBACK A. DEFINITION Callback is defined as that circumstance which requires an employee to unexpectedly return to work after the employee has left work at the end of the employee's workshift or workweek; or Except that, an early call -in of up to two (2) hours prior to the scheduled start or 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. 16 o 1 ARTICLE 12 2 WORK OUT -OF- CLASSIFICATION 3 A. OUT -OF- CLASS ASSIGNMENT 4 5 For the.purposes of this article, an out-of-class assignment is the full -time 6 performance of all the significant duties of an available, funded position in one 7 classification by an individual in a position on another classification. An 8 employee assigned in writing by management to work out -of -class on a 9 position assigned a higher pay range and is vacant pending an examination or 10 is vacant due to an extended sick leave, shall receive five percent (5 %), but 11 12 in no case more than the fifth step of the higher class, in addition to their 13 regular base rate commencing on the eleventh consecutive workday on the 14 out -of -class assignment. 15 16 Employees assigned as project managers and thereby working out -of= 17 classification shall receive compensation pursuant to this section.. 18 19 20 B. SEASONAL SUPERVISION 21 If, in addition to his /her regularly assigned employees, any employee 22 responsible for five (5) or more temporary workers for a period exceeding 10 23 consecutive work days shall receive additional pay of 5% commencing with 24 25 the 11th day. 26 27 28 17 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 24 25 26 27 28 N 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 regularly assigned. 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. 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 C ARTICLE 14 PAYDAY Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. 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 15 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. 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 16 RETIREMENT A. The City agrees to provide the Public Employees' Retirement Systems'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. B. The City agrees to contribute seven percent (7 %) 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 percent (7 %) of salary to PERS. An employee has no option to receive the contributed amounts directly instead of having them 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 (7 %) 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. made subject to I.R.S. approval of reporting procedures. 21 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 C ARTICLE 17 INSURANCE AND REFUND A. INSURANCE BENEFIT FUNDING & REFUND AMOUNT The City shall contribute the following amounts per month for medical, dental, vision and life insurance for each regular, full time employee covered by this. agreement and these amounts shall be used to calculate any refunds. The City shall pay to each regular employee, on a bi- weekly basis (included in regular paychecks), the difference between the City's actual insurance contribution and the amount actually used by the employee for insurance coverage. Effective Date Amours July, 1992 $285.00 December, 1992 $355.00 December, 1993 $395.00 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 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 G O increase during the contract period. C. LIFE INSURANCE Employees in the General Unit shall have life insurance coverage of Twenty- five Thousand Dollars ($25,000). D. MEDICAL PLAN REVIEW COMMITTEE The Association shall appoint two voting representatives to serve on a Medical Plan Review Committee. In addition, the Association may appoint one non- voting representative to provide a wider range of viewpoint for discussion. The vote of each voting representative shall be weighted according to the number of employees represented by the association. 1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW COMMITTEE a. review and suggest changes for the City's flexible benefits plan and the insurance plans offered under the MOA b. submit to the City and its employee associations recommendations on proposed changes for the City's flexible benefits plan and the insurance plans offered under the MOA C. disseminate information and educate employees about the City's flexible benefits plan and the insurance plans offered under the MOA d. participate in other "related assignments requested by the City and its employee associations. 23 1 2. MISCELLANEOUS 2 a. The actions of the Medical Plan Review Committee shall not 3 4 preclude the Association and the City from meeting and 5 conferring. 6 b. No recommendation of the Medical Plan, Review Committee on 7 matters within the scope of bargaining shall take effect before 8 completion of meet and confer requirements between the City 9 and Association. 10 C. If Changes to the City's flexible benefits plan are subject to meet 11 12 and confer requirements, the City and the Association agree to 13 meet and confer in good faith. 14 d. In performing its duties, the Medical Plan Review Committee may 15 consult independent outside experts. The City Shall pay any 16 fees incurred for this consultation, provided that the City has 17 18 approved the consultation and fees in advance. 19 20 E. City agrees to pay for medical insurance coverage for two (2) pay periods in 21 the event that an employee has exhausted all paid time off due to an 22 employee's catastrophic illness. That is, the employee shall receive regular 23 City health payment benefit for the first two pay periods following the pay 24 period in which the employee's accrued vacation and sick leave balances 25 26 reach zero (0). 27 28 24 o 1 ARTICLE 18 2 RETIREE'S MEDICAL INSURANCE 3 4 A. Employees covered by this Agreement who meet all of the conditions set forth 5 below are eligible to.participate in the group medical coverage provided by the 6 City at group rate paid totally by the employee. The qualifying conditions are: 7 1. The employee must retire from City service, apply for and actually 8 receive retirement benefits through the City's retirement system. 9 2. The employee must be at least 50 years of age. 10 3. The employee must have at least ten (10) years of service with the 11 12 City. 13 4. The employee may have dependent coverage only for those dependents 14 covered for the last year of employment with the City. 15 5, All employee and dependent coverage will cease upon the death of the 16 employee or upon the employee reaching age 65. 17 B. The benefit only applies to employees who retired on or since January 1, 18 19 1983. This benefit shall continue beyond June 30, 1994, if, and only if, there 20 is mutual agreement of the parties to continue such benefit. 21 22 23 24 25 26 27 28 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 25 26 27 28 ``J ARTICLE 19 _J 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 1.20% (.012) 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 paid time so that take home pay will not exceed regular take-home pay. Paid time is defined as vacation, sick leave, CTO, and holiday. 2. The coordination of payments will be administered by the City. The employee must take his /her encashed 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 26 1 determine the credit, the amount of their SDI benefit shall be 2 divided by their base hourly rate multiplied by 1.4. The credit 3 4 shall be prorated if the employee has any non -paid time during 5 the pay period. To receive the credit, the employee. 6 must sign his /her SDI benefit check over to the City. 7 EXAMPLE: Employee uses 80 hours of sick leave. 8 Employee receives $384 from SDI. 9 Employee's hourly rate is $9.67. 10 1.4 x $9.67 = $13.54 11 12 $384 / $13.54 = 28.36 hours. 13 The employee receives a credit of 28.36 hours. 14 E. ACCRUAL OF BENEFITS WHILE ON SDI LEAVE 15 1. If an employee has no paid time at the beginning of a pay period, the 16 employee shall neither accrue vacation or sick leave, nor shall the 17 18 employee receive his /her regular City health payment benefit except as 19 provided in #3 below. To continue health insurance, the employee will i 20 have to pay the entire cost of his /her health coverage for that pay 21 period. 22 2. If an employee has at least sixteen hours of paid time at the beginning 23 of a pay period, the employee shall receive his /her regular vacation and 24 25 sick leave accruals. 26 3. If an employee has any paid time.at the beginning of a pay period, the 27 28 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 employee shall receive his /her regular City health payment benefit for that pay period. For continuance of medical insurance see Insurance and Refund, Article 17, Section F. F. 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. W 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 ARTICLE 20 HOLIDAYS Effective calendar year 1993, the following days of each year are designated as paid holidays: January 1 - New Year's Day Third Monday in January - Martin Luther King's Birthday Third Monday in February - 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 December 25 - Christmas One -half day before Christmas 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: An individual employed on a floating holiday (FH) accrual date shall be credited with eight (8) hours of additional vacation. Use, carry -over, 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 accumulation, etc. of such vacation shall be subject to the same rules and procedures that cover all accrued vacation. The two floating holidays will be accrued January 1 and July 1. 30 C O 1 ARTICLE 21 2 SICK LEAVE 3 4 A. Sick leave shall be defined as absence from duty because of illness or 5 off- the -job injury, or exposure to contagious diseases as evidenced by 6 certification from an accepted medical authority. 7 B. Rules governing sick leave: 8 1. Each incumbent of a line -item position shall accrue sick leave with pay 9 at the rate of twelve (12) days or the shift equivalent per year of 10 continuous service since the benefit date. 11 ' 12 2. Sick leave may be used after the completion of the month of service in 13 which it was earned. 14 3. Sick leave shall begin with the first day of illness, 15 4. Department heads shall be responsible to the City Administrative 16 Officer for the uses of' sick. leave in their departments. 17 5. A department head shall require written proof of illness from an 18 19 authorized medical authority atthe employee's expense for sick leave 20 use in excess of five (5) consecutive working days by personnel in 21 his /her department. Such proof may be required for periods less than 22 five (5) consecutive working days where there exists an indication of 23 abuse. 24 25 6. Any employee who is absent because of sickness or other physical 26 disability shall notify his /her immediate supervisor or department head 27 as soon as possible but in any event during the first day of absence. 28 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 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. 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 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 unless eligible to participate in the City's Catastrophic Leave Policy. For continuation of medical insurance see Insurance and Refund, Article 17, Section E. 10. The right to benefits under the sick leave plan shall continue only during 32 1 the period that the employee is employed by the City. This plan shall 2 not give any employee the right to be retained in the services of the 3 4 City, or any right of'claim to sickness disability benefits after separation 5 from the services of. the City. When an employee receives 6 compensation under the Worker's Compensation Act of California, such 7 compensation received shall be considered part of the salary to be paid 8 to the employee eligible for such payments as required by state law. 9 The amount paid by the City shall be the difference between the 10 11 amount received by the employee from the 12 City's compensation insurance coverage and the eligible employee's 13 regular rate of pay. 14 11. Notwithstanding anything contained in this section, no employee shall 15 be entitled to receive any payment or other compensation from the City 16 while absent from duty by reason of injuries or disability received as a 17 18 result of engaging in employment other than employment by the City 19 for monetary gain or other compensation other than business or activity 20 connected with his /her City employment. 21 12. Accumulation of sick leave days shall be unlimited. 22 13. Upon termination of employment by death or retirement, a percentage 23 of the dollar value of the employee's accumulated sick leave will be 24 25 paid to the employee, or the designated beneficiary or beneficiaries 26 according to the following scheduler 27 (a) Death - 25% 28 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 M 10 (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 ARTICLE 22 2 BEREAVEMENT LEAVE 3 4 At each employee's option, sick leave may be used to be absent from duty due to 5 the death of a member of the employee's immediate family, meaning spouse, child, 6 brother, sister, parent, parent -in -law, step parent, step- brother, step- sister, 7 grandparent, or any other relative living in the same household, provided such leave 8 as defined in this section shall not exceed five (5) working days (40 hours) for each 9 incident. The employee may be required to submit proof of relative's death before 10 being granted sick leave pay. False information concerning the death or relationship 11 12 shall be cause for discharge. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 35 1 ARTICLE 23 2 FAMILY LEAVE - 3 A. An employee may take up to two (2) days 0 6 hours) of sick leave per year 4 5 if required to be away from the job to personally care for a member of his /her 6 immediate family. 7 B. An employee may take up to five (5) days (40 hours) of sick leave per year if 8 the family member is part of the employee's household. 9 C. An employee may take up to seven (7) days (56 hours) of sick leave per year 10 if the family member is part of the employee's household and is hospitalized. 11 12 13 The employee shall submit written verification of such hospitalization. 14 D. For purposes of this article, immediate family is defined as spouse, child, 15 brother, sister, parent, parent -in -law, step - parent, step - brother, step- sister, 16 grandparent, or any other relative living in the same household. 17 E. The amounts shown in A, B, and C above are annual maximums, not 18 19 maximums per qualifying family member. 20 F. In addition to existing leave benefits, unit employees with one or more years 21 of continuous service are entitled to up to four (4) months of family leave 22 within any twenty -four (24) month period to care for newborn or newly 23 adopted children; or for a child, parent or spouse with a serious health 24 condition. This leave shall be limited to one (1) month when taken in 25 26 conduction with the existing four (4) month pregnancy - disability leave 27 provided by California law. 28 36 1 Conditions governing this leave include: 2 1. Medical verifications. 3 -. 4 2. Only one spouse shall be granted leave if both are employed by 5 the City. 6 3. Employees are required to use accrued vacation as a part of the 7 family leave period. Use of accrued sick leave is not required, 8 but may be used if applicable under current rules. 9 4. Time spent on family leave shall not constitute a break in service 10 11 for purposes of seniority or longevity. 12 5. This leave is being provided for under the California Family 13 Rights Act of 1991. Any required interpretations shall be based 14 on the Act. 15 G. Parties recognize that employees may be eligible for additional family leave 16 benefits as provided in the City's Catastrophic Leave Policy. 17 18 19 20 21 22 23 24. 25 26 27 28 37 1 2 3 4 5 6 7 8 9 10 11 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 (96 hours) per year of continuous service since the benefit date for the first five years, 15 days (120 hours) per year upon completion of five years, 18 days (144 hours) per year upon completion of ten years, and 20 days (160 hours) upon completion of twenty years. 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 leave .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 the employee, except that, management may approve a two -month extension of maximum vacation accrual. 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 38 n 1 sick leave, as defined in Section 2.36.420 of the Municipal Code, may have 2 such time credited as sick leave under the following conditions: 3 4 1. A physician's statement certifying that illness, injury or exposure 5 to contagious disease has occurred is presented to the supervisor 6 upon returning to work. 7 2. The vacation leave immediately ends and the employee reports 8 to work following the end of sick leave usage.. (Ordinance No. 9 782 - 1978 Series) 10 F. Vacation leave shall be accrued as earned through December 31, up to a 11 12 maximum of twice the annual rate. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 39 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 UNPLANNED VACATION In the case of unforeseen circumstances, an employee may use up to two (2) days 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 judgement 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 June 30 of the last year of the term of this agreement. .o 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 26 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' compensation claim. For continuation of medical insurance see Insurance and Refund, Article 17, Section F. 41 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 25 26 27 28 ARTICLE 27 WORK SCHEDULE 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 written notice to the employee and the Personnel Director. 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 42 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 28 VACATION SELL BACK _. All employees in this unit are eligible, once annually in December, to request payment for up to twenty four (24) hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. Employees must have eighty (80) hours of accrued vacation leave to be eligible. Payment for unused vacation leave is subject to the availability of budgeted funds. 43 0 1 2 3 4 5 6 7 8 9 14 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 261 27 28 ARTICLE 29 AMERICANS WITH DISABILITIES ACT The City and Association acknowledge the passage of the Americans with Disabilities Act. It is agreed that the City shall take all necessary actions to comply with the provisions of this Act. If necessary, sections of this Memorandum of Agreement and /or the City Personnel Rules may be suspended in order to achieve compliance. , 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 30 TRANSFER - A. TRANSFER REQUEST Employees who want to transfer may notify the City by filing a form with the Personnel Department. Such form shall be developed and made available by the Personnel Department. B. TRANSFER PROCESS 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. 45 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 LAYOFFS LAYOFF .PROCEDURE In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo shall determine when and in what position classifications layoffs are to occur. The Personnel Director shall be responsible for the implementation of a layoff order of the City Council in accordance with the procedures outlined below: A. After determining which job classification within a department shall be laid off, the order of layoffs shall be as follows: 1. Temporary and contract employees, in the order to be determined by the appointing authority; 2. Probationary employees (promotional probation excluded), in the order to be determined by the appointing authority; 3. Regular employees in the order determined by the following excerpt from the Personnel Rules and Regulations, 2.36.280 "B ": a. "For regular employees, layoffs shall be governed by job performance and seniority in service within a particular department and job classification; that is, a regular employee being laid off shall be that employee with the least seniority in the particular job classification concerned and in the department involved who is in the lowest job performance category based on the overall performance rating on the last evaluation form due prior to the effective date of the W. 1 layoff (s).. In other words, the regular employee in the lowest 2 job performance category having the least seniority within the 3 4 job classification to be deleted from a department will be the 5 first to be laid off. 6 b. In the event two or more employees in the same job 7 classification are in the same job performance category, the 8 employee with the least amount of service with the City shall 9 be laid off first. 10 c. Transfer to another department in lieu of layoff is authorized 11 12 upon approval of the department needs, if there is a vacancy 13 and the employee meets the minimum job requirements. 14 d. Regular part time employees shall receive prorated seniority 15 credit. 16 B. Laid Off Employees on Reemployment List. 17 18 The names of employees who have been laid off shall be placed 19 on the appropriate Reemployment List for one year. The recall of 20 employees will be in reverse order of layoff, depending upon City 21 requirements. 22 23 Reemployment lists shall be used for filling those classes 24 25 requiring substantially the same minimum qualifications, duties 26 and responsibilities of the class from which the layoff was made. 27 C. Appointment of Laid -Off Employees to Vacant Class. 28 47 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 An appointing authority may, with the approval of the department head and the Personnel Director and in agreement- with the employee, appoint an employee who is to be laid off to a vacancy in a vacant class for which he or she is qualified. D. Employee reassignments (bumping procedure) for SLOCEA only: 1. Employees who have been promoted 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. Seniority for the purpose of this section shall mean time in the lower classification plus time in directly related higher classifications. For example, an employee attempting to bump to Accounting Assistant II from Accounting Assistant III would utilize their combined time as a II and III in determining whether or not they had more seniority than an individual in the II classification. 2. Reassignment rights may be exercised only once in connection with any one layoff, and shall be exercised within seven (7) calendar days from the date of .the notice of the layoff, by written notice from the employee. 3. The bumping right shall be considered exercised by the 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 displacement of another employee with lesser total service or by the acceptance of a vacant position in the class with the same or lower salary. 4. Full time and part time regular employees shall have bumping rights for either full time regular or part time regular positions. 5. Notwithstanding the foregoing, if the City Administrative Officer determines that the public interest will not be served by application of the above criteria, the City Administrative Officer may depart therefrom on the basis of a clearly demonstrable superiority in performance and /or qualifications. 6. Employees on layoff shall be offered reemployment 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. E. Employment programs with special requirements will be administered in accordance with appropriate Federal or State guidelines and directives. F. The City will notify recognized employee organizations of the effective date of any reduction in force concurrent with the notice to the affected employee(s) pursuant to G, below. G. Notice of Layoff to Employees. ER 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 An employee to be laid -off shall be notified in writing of the impending action at least thirty (30) calendar days in advance of the effective date of the lay -off. The notice shall include the following information: 1. Reason for lay -off. 2. Effective date of layoff. 3. Employee rights as provided in these rules. H. Removal of Names From Reemployment Lists. The Personnel Director may remove an employee's name from a reinstatement list if any of the following occur: 1. the individual indicates that he /she will be unable to return to employment with the City during the life of the list; or 2. the individual cannot be reached after reasonable efforts have been made to do so. The City shall utilize certified mail when contacting individuals; or 3. the individual refuses two reemployment offers. Individuals shall have ten (10) days to respond to the offer of reemployment and an additional fourteen (14) days to return to work. K.. Employee Rights And Responsibilities. In addition to others identified herein, employees affected by these procedures shall have the following rights: 1. Through prior arrangement with his /her immediate supervisor 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 n n an employee who has been notified of his /her impending layoff shall be granted reasonable time off without loss of pay to participate in a prescheduled interview or test for other employment. 2. An employee who has been laid off shall be paid in full for his /her unused accrued vacation leave on the effective date of the layoff. 3. When an individual is reemployed he/she shall be entitled to: a. Retain his /her seniority date. b. Accrue vacation leave at the same rate at which it was accrued at the time of the layoff. C. Have any unused sick leave reinstated. An individual reemployed into the job classification from which he /she was laid off shall be assigned to the same salary range and step he /she held at the time of the layoff. An individual reemployed into a job classification other than the classification from which he /she was laid off shall be assigned to the salary range of the new classification at the amount closest to the salary he /she earned at the time of the layoff. An individual reemployed into the classification from which he /she was laid off while still a probationary employee shall complete, upon return to the job, the remaining portion of his /her probationary period, if any, in effect at the time of the layoff. Similarly, an individual who is 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 reemployed shall complete upon . return to the job the same work time he /she would have had to work at the time of the layoff to attain a higher vacation leave accrual rate or to become eligible for a salary step increase, if such changes are possible. 52 1 21 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 32 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 temporarily assigned work. In no event shall and employee's current pay rate be reduced more than four (4) ranges at the same step. 53 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 23' 24 25 26 27 28 i� ARTICLE 33 CLASS "1" 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 "1" California drivers licenses. M 1 ARTICLE 34 2 EMPLOYEE LOUNGE 3 City shall maintain an employee lounge in space located at the rear of the City 4 Council Chamber. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 55 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 25 261' 27 28 N ARTICLE 35 UNIFORM AND UNIFORM ALLOWANCE A. The secretaries and clerk typists in the Police Department shall receive a one hundred and twenty -five dollar (5125.00) uniform allowance quarterly. B. This allowance shall not be paid for any employee who is off duty for more than three pay periods. If the employee returns to work during that quarter, his /her uniform allowance will be prorated. C. All other employees required to wear City uniforms shall be provided clean uniforms. A uniform includes either one shirt and pants combination or one pair of coveralls. D. Uniforms and work shoes shall only be used on City business E. Employees required to wear City uniforms shall only be permitted to wear other clothing for medical reasons upon 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. 56 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 SAFETY 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. 57 C -O 1 ARTICLE 37 2 REQUIRED FOOTWEAR 3 Employees required by management to wear protective footwear for safety reasons 4 shall be reimbursed up to one hundred (5100.00) dollars per year for the purchase. 5 6 of such footwear. 7 8 The issue of safety footwear shall be referred to the Safety Committee for review 9 as to alternate programs. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 58 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 c ARTICLE 38 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. Employees of the City also shalt 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. 59 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 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 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 event giving rise to the grievance. The department head shall promptly consider the grievance .� 1 and render a decision in writing within fifteen (15) business days of 2 receiving the written grievance. If the employee accepts the 3 department head's decision, the grievance shall be considered 4 terminated. 5 6 C. If the employee is dissatisfied with the department head's decision, the 7 employee may immediately submit the grievance in writing to the 8 Personnel Director within seven (7) business days of receiving the 9 department heads's decision. The Personnel Director shall confer with 10 the employee and the department head and any other interested 11 parties, and shall conduct such other investigations as may be 12 13 advisable. 14 D. The results of findings of such conferences and investigations shall be 15 submitted to the City Administrative Officer in writing within fifteen 16 (15) business days of receiving the employee's written request. The 17 City Administrative Officer will meet with the employee if the employee 18 so desires before rendering a decision with respect to the complaint. 19 20 The City Administrative Officer's decision and reason if denied shall be 21 in writing and given the employee within twenty (20) business days of 22 receiving the Personnel Director's results and findings. Such decision 23 shall be final unless employee desires the Personnel Board to review the 24 decision. If such is the case, the e_ mployee will have ten (10) business 25 days following receipt of the City Administrative Officer's decision to 26 27 61 28 1 submit a written request to the Personnel Board through the Personnel 2 Director for a review of the decision. The Personnel Board within thirty 3 - (30) business days. shall review the record and either (1) issue an 4 advisory opinion to the City Administrative Officer; or (2) conduct a 5 hearing on the matter. If a hearing is held, an advisory opinion shall be 6 7 rendered by the Board within ten (10) business days of the close of 8 such hearing. If an opinion signed by at least three (3) members of the 9 Personnel Board recommends overruling or modifying the City 10 Administrative Officer's decision, the City Administrative Officer shall 11 comply or appeal this recommendation to the City Council. Such 12 appeal shall be filed with the City Clerk within three (3) business days 13 14 of the Board's action. If appealed, the City Council shall review the 15 case on the record and render a final decision within thirty (30) 16 business days of submittal. 17 18 19 20 21 22 23 24 25 26 27 62 28 r i 1 ARTICLE 40 2 REPRESENTATIVE ROLE 3 Members of any recognized employee organization may, by a reasonable method, 4 select not more than three employee members of such organization, one employee 5 6 observer, and the Association President to meet and confer with the Municipal 7 Employee Relations Officer and other management officials (after written 8 certification of such selection is provided by an authorized official of the 9 organization) on subjects within the scope of representation during regular duty or 10 work hours without loss of compensation or other benefits. 11 12 The employee organization shall, whenever practicable, submit the name(s) of each 13 14 employee representative to the Municipal Employee Relations Officer at least two 15 working days in advance of such meeting. Provided further: 16 (1) That no employee representative shall leave his or her duty or work 17 station or assignment without specific approval of the department head 18 or other authorized City management official. If employee 19 20 representatives cannot be released, date of meeting will be rescheduled 21 in accordance with item (2) below. 22 (2) That any such meeting is subject to scheduling by City management 23 consistent with operating needs and work schedules. Nothing provided 24 herein, however, shall limit or restrict City management from scheduling 25 such meetings before or after regular duty or work hours. 26 27 63 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 41 COMMITTEE REPRESENTATION A. If the Director of Personnel establishes a committee to study possible changes which will affect significant 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 each other unit has. B. Two representatives of the bargaining unit designated by the Association and two representatives of management designated by the City shall meet on a quarterly basis to discuss issues of concern to the parties. The first such meeting shall be in April of 1988. - 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 42 DUES DEDUCTION The City shall deduct dues from City employees and remit said dues to the Association on a bi- weekly basis for the duration of this Agreement, which dues shall not include assessments. Bi- weekly 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 bi- weekly to the Association Treasurer. 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. 65 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 43 COPIES OF AGREEMENT Parties agree City shall provide thirty (30) 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 printing of the agreement. .. 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 44 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. 67 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 EN 0 ARTICLE 45 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 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 UM 1 and at a reasonable level of efficiency, provided there is work to 2 perform. 3 Any decision made under the provisions of the Article may be appealed to the City 4 Council by filing a written Notice of Appeal with the City Clerk, 5 accompanied by a complete statement setting forth all of the facts upon which the 6 7 appeal is based. Such Notice of Appeal must be filed within ten (10) working days 8 after the affected employee organization first received notice of the decision upon 9 which the complaint is based, or it will be considered closed and not subject to any 10 other appeal. 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 69 28 1 ARTICLE 46 2 FULL AGREEMENT 3 It is understood this Agreement represents a complete and final understanding on 4 all negotiable issues between the City and the Association. The Agreement 5 6 supersedes all previous Memoranda of Understanding or Memoranda of Agreement 7 between the City and the Association except as specifically referred to in this 8 Agreement. The parties, for the term of this Agreement, voluntarily and 9 unqualifiedly agree to waive the obligation to negotiate with respect to any 10 practice, subject or matter not specifically referred to or covered in this Agreement 11 even though such practice, subject or matter may not have been Within the 12 13 knowledge of the parties at the time this Agreement was negotiated and signed. 14 In the event any new practice, subject or matter arises during the term of this 15 Agreement and an action is proposed by the City, the Association shall be afforded 16 notice and shall have the right to meet and confer upon request. 17 18 19 20 21 22. 23 24 25 26 27 70 28 t 1 ARTICLE 47 2 SAVINGS CLAUSE 3 If. any provision of this Agreement should be held invalid by operation of law or by 4 any court of competent jurisdiction, or if compliance with or enforcement of any 5 6 provision should be restrained by any tribunal, the remainder of this Agreement 7 shall not be affected thereby, and the parties shall enter into a meet and confer 8 session for the sole purpose of arriving at a mutually satisfactory replacement for 9 such provision within a thirty (30). day work period. If no agreement has been 10 reached, the parties agree to invoke the provision of impasse under Section 13 of 11 City Resolution No. 6620. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 71 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 �f r r& ARTICLE 48 AUTHORIZED AGENTS For the purpose of administering the terms and provisions of this Agreement: A. The Association's principal authorized agent shall be the President (address: 990 Palm Street, San Luis Obispo, California 93401: (805) 781 -7047) . B. Management's principal authorized agent shall be the Personnel Director or his /her duly authorized representative (address: P.O. Box 81.00, San Luis Obispo, CA 93403 -8100; telephone: (805) 781 - 7252). 72 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 SIGNATURES Classifications covered by this Agreement and included within this unit are shown in Appendix "A ". This Agreement becomes effective August.18, 1992 as witnessed hereto by the following parties: CITY OF SAN LUIS OBISPO William Avery, City Consultant SAN LUIS OBISPO CITY EMPLOYEES' ASSOCIATION Paul Bechely, SLOCEA Consultant (hurt ft pcley— * -� - Ann McPike, Personnel Director Tim Girvin, President Other City Negotiating Team members: Other SLOCEA Negotiating Team Members Ken Hampian, Assistant CAD Mike Bertaccini Laurie Hanson Kevin Niles Diane Stuart 73 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 APPENDIX A CLASSIFICATIONS Clerical • Office Assistant I • Office Assistant II Secretary I Secretary II Administrative Assistant Administrative Secretary Senior Administrative Secretary Assistant City Clerk Council Secretary Accounting Assistant II Accounting Assistant III Computer Graphic Technician, Computer Systems Technician Technical Systems Coordinator • Police Records Clerk • Police Records Clerk II Recreation Coordinator I Recreation Coordinator II Maintenance • Janitor I • Janitor II Janitor III Building Maintenance Technician • Maintenance Worker I • Maintenance Worker II - Buildings • Maintenance Worker II = Parks • Maintenance Worker II - Streets Maintenance Worker III Parks Maintenance Worker III - Streets Parks Maintenance Technician Street Painter • Tree Trimmer I 74 S It 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', Tree Trimmer II Pool Technician Heavy Equipment Operator I Heavy Equipment Operator II Heavy Equipment Mechanic Parking Meter Repair Worker Signal Maintenance Electrician Miscellaneous Fire Service Trainee Hazard Materials Coordinator Parking Enforcement Officer Public Education Specialist Work Health Coordinator. Utilities Telemetry & Instrumentation Technician • Utility Worker II Utility Worker III Water Laboratory Technician Water Reclamation Laboratory Technician • Water Reclamation Facility Operator Trainee • Water Reclamation Facility Operator I • Water Reclamation Facility Operator II • Water Services Worker II Water Services Worker III • Water Treatment Plant Operator I • Water Treatment Plant Operator II • Water Treatment Plant Operator 111 Wastewater Pretreatment Technician • Water Supply Operator II Water Supply Operator III Planning /Engineering Planning Technician Administrative Assistant • Assistant Planner • Associate Planner Building Permit Coordinator Graphics Technician 75 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 Engineering Technician Engineering Assistant Field Engineering Assistant Civil Engineer Building Inspector Fire Inspector Fire Plan Check Inspector Projects Inspector Public Works Inspector Zoning Inspector Dots (.) designate positions within a classification series. 76 I RESOLUTION NO. 8051 (1.992 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY CLERK WHEREAS, the City Council establishes the salary range for, among other positions, the City Clerk in the Managerial Compensation Plan for Appointed Officials et.al. (Resolution No. 8015 -1992 Series); and WHEREAS, by Resolution No. 4516 (11981 Series), the City Council appointed Pam Voges as City Clerk; and WHEREAS, the City Council has evaluated compensation factors for the City Clerk under Section 2 of the Managerial Compensation Plan for Appointed Officials et.al. (Resolution No., 6604,- 1989 Series); and WHEREAS, by Resolution No. r 6995 - 1991 Series, the City Council established compensation for City Clerk Pam Voges. NOW THEREFORE, BE IT RESOLVED by the Council of the City of,San Luis Obispo as follows: SECTION 1. Effective April 9, 1992, the City Clerk's salary shall increase from $4,520 per month to $4,640 per month. SECTION 2. All other compensation and benefits afforded the City Clerk under the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989 Series), and the City.d.erk Employment Agreement (Resolution No. 6172 - 1987 Series) not superseded by the—above;-"shall' remain' -'in full force and effect with the following modifications: In the. event Ms. Voges' employment is terminated by the Council, or a majority of the Council request her resignation during such time that she is willing and able to perform the duties of City Clerk, the City agrees to pay her a lump sum cash payment equal to six (6) months compensation (salary and all appointed officials' fringe benefits). Should Ms. Voges obtain employment during the six (6) month period following termination, she shall reimburse the City proportionately. SECTION 3. The City Council shall evaluate the performance of the City Clerk annually. On motion of Councilman Roalman seconded by Vice—Mayor Rappa and on the following roll call vote: AYES.: Councilmembers Roalman, Rippa, Pinard, Reiss, and Mayor Dunin NOES: None ABSENT: None R-8051 v '-�) Resolution No. 8051 0 992 Series) Page 2 } J The foregoing Resolution was passed and adopted this 18th day of August 1992.. MAYOR RON DUNIN ATTEST: PA4 VOGES, CI CLERK APPROVED: C�ld'�SG4J 1C��4� Finance D' ctor e�V� nel Director Director RESOLUTION NO. 8050. (1992 Series) RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL APPROVING AN AGREEMENT FOR CITY CLERK SERVICES BETWEEN THE CITY OF SAN LUIS OBISPO AND PAM VOGES BE IT RESOLVED by the San Luis Obispo City Council 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 Pam.Voges is hereby approved and the Mayor is authorized to execute the same. Councilman On motion of Roalman seconded by Vice -Mayor Rappa , and on the following roll call vote,: AYES: Vice -Mayor Rappa, Councilmembers Pinard, Reiss, and Mayor Dunin NOES: Councilman Roalman ABSENT: None The foregoing Resolution was passed and adopted this 18th day of_August, 1992. ATTEST: - Qw--4 City Clerk Pam ges '00eOD ===�00 Mayor Ron. Dunin R -8050 (A_Q7_Q1_rr) i U y Resolution No. 8050 (1992 Series) APPROVED: City dministrative Officer /r/Aft ne /11�lt Finance irector i✓ Personnel Director k t A, tjIZ 4{92 1)( (� -_ � h i Exhibit A A- 87 =92 -CC AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT, is by and between T14E CITY OF SAN LUIS OBISPO, a chartered municipal corporation (hereinafter referred to as "City "), and Pam Voges, an individual, to provide City Clerk related services (hereinafter referred to as "Employee "). WITNESSETH: WHEREAS, Pam Voges is a qualified City Clerk capable of performing all functions related to City Clerk duties including election and records management services; and WHEREAS, the City desires to employ her to perform certain City Clerk services. NOW, THEREFORE, City and Employee for and in consideration of the mutual benefits, agreements and promises set forth herein, agree as follows: 1. Beginning October 1. _1992, Employee agrees to provide services to the City related to City Clerk operations, specifically including election and records management functions. Said services shall continue through November 6. 1992, providing, however, that Employee and City mutually agree that Employee shall not work in excess of 20 hours per week during the term of`this Agreement. The general duties to be performed by said Employee shall be at the direction of the City Council. A- 87 -92 -CC (R -8050) 2. Notwithstanding any other representations, oral or written, between the parties, including any and all agents or representatives thereof, Employee at all times covered by the terms of this Agreement, is acting as an employee of the City and is afforded all compensation and benefits under the Appointed Officials Compensation Plan (Resolution No. 6604 - 1989 Series); and the City Clerk Employment Agreement (Resolution No. 6172 - 1987 Series), except for reduction of hours worked, or as otherwise superseded, by Paragraph 1 above, shall remain in full force and effect. Any and all supervision and direction by the City Council shall be only that necessary to provide broad general outlines, and Employee is to use her own initiative and discretion in performing the details of her work provided that the Council may request specific reports or direction. 3. City agrees to provide working space at the City and supplies necessary for performance under this Agreement, subject to purchase authorization by the City. 4. Employee agrees that hours worked shall not exceed 20 hours per week payable in accordance with regular City payroll procedures. Employee will accrue vacation, sick leave, or other similar benefits available to regular City employees. ' 5. Employee agrees to be readily available by telephone or other agreed upon communications method during normal business hours other than hours actually worked. 6. Employee agrees to use her personal vehicle on City business at her expense. 7. Employee acknowledges that her employement with the City of San Luis Obispo shall terminate effective the end of the business day on November 6, 1992. 8. For purposes of notice under this Agreement, all notices shall be considered effective upon being sent by certified U.S. Mail to the following address: City: City Clerk City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403 Employee: Pam Voges 1740 Portola Street San Luis Obispo, CA 93405 IN WITNESS THEREOF, the parties hereto have caused this agreement to be executed. Kim Condon Em o e Pa Voges City of San uis Obispo ayor Ron Dunin � r ti�� \Ay