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HomeMy WebLinkAbout8103-8121RESOLUTION NO. 8121 (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING WATER SERVICE RATES WHEREAS, a comprehensive review of water rate structures has been performed and reviewed by the Council; and WHEREAS, based on this review the Council has determined that a two - tiered rate structure that does not include any minimum charges is an appropriate method of charging customers for the water consumed; and WHEREAS, it is the City's policy that water rates and charges fully recover the operating, debt service, and capital costs of the water system; and WHEREAS, it has been determined that the new water rates are "revenue neutral" compared with the previous rate structure; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Chapter 4.20.060 of the Municipal Code (Rates for service per bi- monthly billing cycle) is hereby amended as set forth in Exhibit A attached hereto. SECTION 2. The rates set forth in Exhibit A shall be effective March 1, 1993. SECTION 3. All other provisions of Chapter 4.20 of the Municipal Code remain in full force and effect. R -8121 Resolution No. 8121 — - Page 2 On motion of Council Member Roalman , seconded by Council Member Settle and on the following roll call vote: AYES: Council Members Roalman, Settle, Romero, and Mayor Pinard NOES: None ABSENT: Council Member Rappa The foregoing Resolution was adopted on this 16th day of February . 1993. Mayorj !_ Pinard ATTEST: "City)Uerk Diane Gladwell By:fKim Condon, Assistant City Clerk APPROVED: *AministQrative Officer Director of Finance i t Exhibit A RATES FOR WATER SERVICES PER MONTH Rates for water service per month consist of commodity charges as follows: Commodi y Charges Per CCF Inside City Outside City Construction Site Meters Only 0 to 1 ccf $2.25 $4.50 In excess of 1 ccf thereafter $150.00 $300.00 All Others 1 to 5 ccf $2.25 $4.50 more than 5 ccf $2.80 $5.60 ccf = one hundred cubic feet �1 RESOLUTION NO. 8120 (1993 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO SUPPORTING THE LEAGUE OF CALIFORNIA CITIES CHANNEL COUNTIES DIVISION'S LEGISLATIVE ACTION PROGRAM FOR 1993 WHEREAS, the State of California is anticipating a revenue shortfall, estimated at $10 billion, and; WHEREAS, the Channel Counties Division of the League of California Cities wishes to mitigate attempts by the State to secure needed revenues from cities, and; WHEREAS, the San Luis Obispo City Council promotes the Division's wishes to take an active role in influencing the decisions of our State legislators; NOW, THEREFORE, BE IT RESOLVED that the San Luis Obispo City Council does hereby adopt this resolution in support of the Channel Counties Division's Legislative Action Program to reduce the impact of the State revenue shortfall on cities. "Cementing a Relationship with Our Legislators" ► Identify and document the impacts we are experiencing with the assistance of the City Managers Group. ► List all possible revenue "taking" options and anticipated impacts and distribute to each city, based upon past proposals. ► Share information with our respective legislative representatives on a regular basis in their field offices and let them know we are on the-front lines making difficult and "politically unpopular" decisions on a daily basis. ► Request meetings between February and June, to establish the cumulative impacts of budget "takings" on our division. ► Utilize Division Quarterly Meetings to share our experiences and strategies. ► Inform the State League Directors of our plan and coordinate with other ongoing activities. R -8120 Resolution No. 8120 (1.._;) Series) Page 2 P. Identify opportunities for additional revenues and offer solutions. On motion of Council Member Settle ,seconded by Council Member Romero and on the following roll call vote: AYES: Council Members Settle, Romero, Roalman, and Mayor Pinard NOES: None ABSENT: Council Member Rappa the foregoing resolution was passed and adopted on this 16th day of February, 1993. Mayor Peg Pinard ATTEST <> h , Assistant City Clerk n.i Q KG1Vj:3 i City Ad strative Officer !, /�, r RESOLUTION NO. 8119 (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE SUBDIVISION AGREEMENT FOR TRACT NO. 1750 (UNITS 1 & 2) EXTENDING THE TIME TO SUBMIT SURETY (Rob Rossi, Subdivider) WHEREAS, the City Council conditionally approved the final map for Tract 1750 (Units 1 & 2) per Resolution No. 8086 (1992 Series), subject to submittal of adequate surety by February 10, 1993, guaranteeing installation of the required subdivision improvements , and . WHEREAS, the Subdivider has requested an additional 90-days in order to provide said surety. NOW THEREFORE, BE IT RESOLVED that the amendment to the Subdivision Agreement for Tract No. 1750 (Units 1 & 2) is hereby approved and the Mayor is authorized to execute the amendment. The surety shall be submitted on, or before, May 11, 1993, or this approval 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. On motion of Council Member Rappa , seconded by Council Member Settle and on the following roll call vote: AYES: Council Members Rappa, Settle, Roalman, Romero, and Mayor Pina_rd_ NOES: None ABSENT: None the foregoing Resolution was passed and adopted this 6th. day of February , 1993. ` ATTEST: MAYOR eg Pinard R -811.9 • f� Resolution No. 8119 (1993 Series) Page Two APPROVED AS TO FORM: L— APPROVED: City A ministrative Officer K" ra. 4,04,1v To.., ity D velopment Director City E gineer PAW P51\DRevlevAT1750ExLwP �J EXHIBIT A SUBDIVISION AGREEMENT AMENDMENT THIS AGREEMENT, dated this 8th day of Februaiy , 1993 by and between Robin L. Rossi, herein referred to as "SUBDIVIDER ", and the City of San Luis Obispo, herein referred to as "City ". WITNESSETH: Reference is hereby made to that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the final map of Tract No. 1750 (Units 1 & 2), as approved by the City Council on November 10, 1992. WHEREAS, a Subdivision Agreement was entered into between the above - ment -ioned parties to guarantee completion of the subdivision requirements, and WHEREAS, the subdivision agreement provided for satisfactory surety to be submitted by February 10, 1993; and WHEREAS, the subdivider has requested an additional 90 days to submit said surety. NOW THEREFORE BE IT RESOLVED that the subdivision agreement dated November 10, 1992 for Tract No. 1750 (Units 1 & 2) is hereby modified pursuant to the attached Exhibit A. so as to extend the time to submit the required Faithful Performance and Labor & Materials surety by 90 days to May 11, 1993. All other provisions of the aforementioned Subdivision Agreement shall remain in force. Tract No.1750 (Units 1 & 2) Subdivision Agreement Amendment Page Two IN WITNESS WHEREOF, this agreement has been executed by: DER . Ross APPROVED: City of San Luis Ob MAYO ^Peg Pinard ATTEST: K C CLERK - Diabk Gla well APPROVED AS TO FORM: V4 1/1 J y J rge se City At me APPR ,/Wayne A. Peterson Acting Public Woks Director P;rndld B. Jorfas Community Development Director G: \W P51 \DRevlevVVM 750ExL wp V C�~1� RESOLUTION NO. 8118 (1993 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO COUNTY OF SAN LUIS OBISPO, CALIFORNIA, ORDERING TERRITORY DESIGNATED AS THE 11STONERIDGE II ANNEXATION11 ANNEXED TO THE CITY OF SAN LIIIS OBISPO WHEREAS, the Local Agency Formation Commission of the County of San Luis Obispo adopted Resolutions No. 92 -30, 92 -31, 92 -32 and 92 -33 on December 17, 1992, making determinations and approving the proposed annexation as described in Exhibits A and B attached hereto and by this reference, incorporated herein; and WHEREAS, the terms and conditions of annexation as approved by the Local Agency Formation Commission are as provided in said resolution; and WHEREAS, the reasons for this proposed annexation are to accommodate urbanized areas within the City's jurisdictional boundaries and provide appropriate urban services; and WHEREAS, the regular county assessment roll is utilized by this city; and WHEREAS, the affected territory will be subject to taxes for existing 'and /or future general bonded indebtedness of this city; and WHEREAS, the City Council certified the Final Environmental Impact Report for the Stoneridge II Annexation on April 28, 1992, pursuant to the California Environmental Quality Act, and with the findings contained in City Council Resolution No. 8005 (1992 Series); and R -8118 Council Resolution No. 8118 (1993 Series) Page 2 WHEREAS, a public hearing on this annexation was called for and held by this Council at 990 Palm Street, on February 2, 1993 in the City of San Luis Obispo, and the Council finds that the property owners of the annexation area are also the applicants for the proposed development of the property for which annexation has been requested and they do not protest annexation, pursuant to Section 35121 of the California'Government Code. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby orders the territory described in Exhibits A and B annexed, and directs the City Clerk to transmit a certified copy of this resolution with applicable fees required by Section 54.902.5 of the Government Code to the executive officer of the Local Agency Formation Commission of San Luis Obispo County. 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 2nd day of February , 1993. Mayor Peg Pinard ATTES Diane ladwell, City Clerk Council Resolution No. 8118 Page 3 APPROVED: City Ad inistrative Officer (1993 Series) Public Works Director Attachments: Exhibit "A ", Stoneridge II Annexation area map Exhibit "B ", Legal Description of annexation area IidUaa9 •\ ^' 1 P ,� • �-- .may— ^•��..��: � f . 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"'=•t '"" . •+i *.a. �a _�C`e� •"IQ ,\ i 9 + t�� w+q ` xw `^a.a�w " .^ �- , � � " ° O ° I V F c' t•' .tom,•' ' 56 "w^,' tJ 4 z t*r r+ei\. /•(� �" Jn ,� a �+ r `, r FAU- '•�°�' w +.,t �'+�,•.�yY',�s.'s u rr ,a('• <^'" / � w v I s 1 OI \s'a� .�t,•_�` >.!.•_ z.7\ cc .s.r. -+' s a { -.. r•. 69G. `s S ffp ` • % �4 • A.� or . { o it O� '; ' ,r ^ ».. r'ti•.7 `7•y � -_ _�C «,. \ �/� i �'"'•iaa s :i ..,•c_ '` _ - rgs`a 'r' _ •. a' 1\ 7 j- • ',\ ��i� .r Ps ^� t C7G•rt LEGEND _ _I i;„ '\ _T%� q •_� 'a, Project Location cXtST1NG STONE: -+IDGc 1 =� � •, � .,, DEVELOPMENT 1 I ; = '""" PROPOSED STONEAIDGE II - s s •'� , sr� t DEVELOPMENT' PROPOSED OPEN SPACE DEDICATION' � � •y'.• � ,.� 7 OUTLYING COUNTY REGIONS *THIS AREA IS CURRENTLY IN THE COUNTY OF SAN LU IS OBISPO. IMPLEMENTATION OF THE =j aI ; v • ;, ; ; PROJECT AS PROPOSED WOULD RESULT IN ANNEXATION TO THE CITY /SPQ y'. T 'Peproaur>ad with perm,ss,on grarnea Cv THOMAS BROS. MAPS. 016500 This map is ctpyngmeC by THOMAS BROS MAPS It is unlawful to oopy at reproauce all or any pan tnereot. whether lot personal FEET r+ use or resale. without pem,svon." . la" •, -.. " ,.. : ^.'..: , ".,^ u ERC F I G U R E Environmental and Energy Project Location Exhibit "A" 2.2 Services Co. :•3 September 21, 1992 STONERIDGE II ANNEXATION Legal Description All that portion of the remainder of Tract No. 1150, labeled "Not .a Part ", in the County of San Luis Obispo, State of California as shown on the Map filed in Book 13 of Maps at page 48 in the Office of the County Recorder of said County described as follows. ' Commencing at a City standard street monument at the intersection of the centerline of Rockview Place with the southeasterly line of said Tract No. 1150 as shown on said map; thence, along said southeasterly line, south 52' 03' 08" west 625.97 feet to corner No. 66, being marked by a 13/4" iron pipe tagged "LS 3877" as shown on said Map, said point being the True Point of Beginning and a point on the existing City of San Luis Obispo city limit line; thence along said city limit line and the extension of the easterly line of said remainder north 05` 50' 26" west 678.53 feet-to a point on the northerly line of said remainder, also being a point on said city limit line; thence the following courses along said northerly line and City limit line; south 89' 41' 05" west 910.28 feet; south 840 26' 09" west 99.60 feet; south 890 40' 15" west 441.85 feet; north 030 57' 49" east 515.05 feet; north 890 25' 21" west 1424.88 feet to the northwest corner of said remainder being an angle point in said city limit line; thence along the city limit line, also being the westerly line of said remainder, south 000 23' 05" east 602.61 feet; thence leaving said city limit line and westerly line along the following courses; south 890 25' 21" east 1046.53 feet; south 440 03' 13" east 257.16 feet; south 610 12' 29" east 434.17 feet; south 450 08' 04" east 438.41 feet; south 36' 09' 43" east 544.06 feet; south 400 34' 34" east 906.07 feet to the southwesterly terminus of the course on the easterly line of said remainder labeled north 350 34' 57" east 53.62 feet Stoneridge 1.1 Annexation Legal Description i� September 2l, 1992 Page 2 on said map of Tract 1150; thence the following courses along said easterly line; north 350 34' 57" east 53.62 feet; north 560 36' 58" east 73.37 feet; north 020 51' 35" east 425.70 feet; north 190 01'50" east 48.26 feet; north 740 55' 33" east 13.01 feet; , north 750 00' 41" east 8.18 feet to a point on said city limit line; thence along said city limit line north 05` 50' 26" west 701.18 feet to the True Point of Beginning. Containing.60 acres more or less. -U.S. 4819 ay9/92 t�LP i C, RESOLUTION NO. 81.17 (1993 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO COUNTY OF SAN LUIS OBISPO, CALIFORNIA, ORDERING TERRITORY DESIGNATED AS THE "BROAD STREET ANNEXATION" ANNEXED TO THE CITY OF SAN LUIS OBISPO WHEREAS, the Local Agency Formation Commission of the County of San Luis Obispo adopted Resolution Nos. 92 -26, 92 -27, 92 -28, and 92 -29 on December 17, 1992, making determinations and approving the proposed annexation as described in Exhibits A and B attached hereto and by this reference, incorporated herein; and WHEREAS, the terms and conditions of annexation as approved by the Local Agency Formation Commission are as provided in said resolution; and WHEREAS, the reasons for this proposed annexation are to accommodate urbanized areas within the City's jurisdictional boundaries and provide appropriate urban services; and WHEREAS, the regular county assessment roll is utilized by this city; and WHEREAS, the affected territory will be subject to taxes for existing and /or future general bonded indebtedness of this city; and WHEREAS, the City Council certified the Final Environmental Impact Report for the Broad Street annexation on June 16, 1992, pursuant to the California Environmental Quality Act, and with the findings contained in City Council Resolution No. 8023 (1992 Series); and R -8117 Council Resolution No. 8117 (1993 Series) Page 2 WHEREAS, a public hearing on this annexation was called for and held by this Council at 990 Palm Street, on February 2, 1993 in the City of San Luis Obispo, and the Council finds that the owners of property equal to one -half or more of the total assessed value of the annexation area ($11,576,819) do not protest annexation, based on written property owner protests presented at the hearing and pursuant to Section 35121 of the California Government Code. NOW THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby orders the territory described in Exhibits A and B annexed, and directs the City Clerk to transmit a certified copy of this resolution with applicable fees required by Section 54902.5 of the Government Code.to the executive officer of the Local Agency Formation Commission of San Luis Obispo County. On motion of Council. Member Romero , seconded by Council Member Rappa , and on the following roll call vote: AYES: Council Members Romero, Rappa, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 2nd day of February , 1993. 1 Mayor Peg Pinard ATTEST: Lane Gladwell, City Clerk C' Council Resolution No. 8117 (1993 Series) Page 3 APPROVED: City A inistrative Officer Finance Director /,�-/Pu lic Works Direct Z/- ZA U ities Dire6foll u Attachments: Exhibit "A", Broad Street Annexation area map Exhibit "B ", Legal Description of annexation area c CL ft Z CO 00 >< OE � 8 3: w 0 z z 6,6 of Z< OLL 6 0 cTotj V.1"'I YNVJ. La • 1.16,69t V 0 .10.63.S 9 s 0§ t : C) t 0 Z CL LI _j c � cf) � r- 0 1.7— 10 QC'ocL Ln 0 0 COL U cn 0 L)j > � I C \P n. c. . O O. P .1 iml ��^ <� f6j 0 L C: L) v c z < �J- SV3 3 V'O' w o IA %X 0 F -19 cn X.. AA :X. A N AIM ortOilav 0 c co cn CI ulo EXHLIBIT A Q�aFESS1011 Q ° T July 28, 1992 1 NNO 1£i598 L 1m IV iy PROPOSED ANNEXATION TO CITY OF SAN LUIS OBISPO LEGAL DESCRIPTION All of Lots 91, 92, 93, 94, 95, 96, 98, 99, 100, and a portion of lots 82, 83, 84, 85, 86, 87, and 90, and the Industrial Way right -of -way of the SLO Suburban Tract as recorded in Book 1 of Records of Survey, at Pg. 92, and State Route 227 (Broad Street), more particularly described as follows: Beginning at the most easterly corner of said Lot 100, said corner being a corner of the existing City limits (per Industrial Annexation of May-1960); thence-South 65 009104" West (bearings per 11 Maps 53) along the dividing line of +Lots 100 and 101, also. being the.-existing .City .limits line a distance of 789.97 feet more or .-less .:to the...most -:southerly corner of Lot 100; thence continuing.South 65 009104" West a distance of 94.00 feet more or.less.to the westerly.right- of =way line of State .Route 227 as widened by the State of California; thence North 11 °11'45" West along said State right -of -way (bearings per State right -of -way map) a distance of 64.00 feet more or less to a point that is 55.00 feet left of the State centerline at State Station 199 +85; thence continuing along said State right -of -way North 24 000100" West a distance of 611.22 feet; thence continuing along said State right -of -way on a curve to the right with a radius of 7055 feet through an angle of 07018100" for a length of 898.87 feet; thence continuing along said State right -of -way North 16 042100" West a..distance of 753.72 feet; thence continuing along.said State.right -of -way on a curve to the left with a radius of 7945-feet through an angle of 04 °48'00" -for a length of 665.60 feet; -thence .Nor..th.6803010011East a distance of 15.00.feet more or less to the old.right -of -way line of said State Route; thence North 21026:103 "..West. -along old-said right -of -way a distance of 5.00 .feet. more or less to the existing City boundary (per Edna -.Road Annex #2) ; - thence along said City boundary North 67 030100" East (bearings per Edna Road Annex #2) 84.00 feet more or less to an angle point on the southerly right -of -way line of Capitolio Way; thence continuing along said boundary and right -of -way line North 39 002132" East a distance of 34.04 feet; thence continuing along said boundary and right -of -way line North 65 010100 East a distance of 168.25 feet; thence continuing along said boundary and right -of -way line on a curve to the right with a radius of 230 feet through an angle of 23 004126" for a length of 92.62 feet; thence continuing along said boundary and right -of -way line on a curve to the left, tangent to last said curve, with a radius of 270 feet, through an angle of 23 004126" for a length of.108.73 feet; thence continuing along said boundary and rights -of -way line North 65 010100" East a distance of 299.66 felt to the westerly right -of -way line of Sacramento Street (Old Pacific Coast Railroad right- si' iii of -way) being the most easterly corner of said Edna Road Annex #2; thence along the existing City boundary and the westerly right -of -way line of Sacramento Street, South 47 025102" East (bearings per Public Streets Annex, Parcel C) a distance of 1,314.62 feet; thence continuing along said boundary and right -of -way line on a curve to the right, with a radius of 1402.39 through an angle of 32012148!' for a length of 788.46 feet, more or less, to the most northerly corner of Lot_97.of the San Luis Obispo Suburban'Tract; thence South 65 010100" West (bearing per SLO Suburban Tract) along the existing City boundary and the southerly line of Industrial Way a distance of 700.26 feet, more or less, to the most northerly corner of Lot 98; thence South 24 050100" East along the northeasterly.lines of Lots 98, 99.and 100, the existing City boundary, a distance of 990 feet, more or less, to the POINT OF BEGINNING. Containing 78.06 acres more or less. tpg3 /annex Dv t a' I`; - , AR RESOLUTION NO. 8116 (1993 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A GRANT APPLICATION TO THE NATIONAL SMALL BUSINESS ADMINISTRATION TREE PLANTING PROGRAM FOR 1993 FOR THE CITY OF SAN LUIS OBISPO TREE PLANTING PROJECT CITY PLAN NUMBER CY 93 -004 WHEREAS, the National Small Business Administration Tree Planting Program for 1993, which provides money to the State of California and political subdivisions for urban forestry programs; and WHEREAS, the California Department of Forestry and Fire Protection has been delegated the responsibility for administering the grant program within the State and for setting up necessary procedures governing application by local agencies and non - profit organizations under the grant program; and WHEREAS, the procedures established by the State Department of Forestry and Fire Protection require applicants to certify by resolution approval of applications before submittal to the State; and . WHEREAS, the City of San Luis Obispo will enter into an agreement with the State of California to carry out its tree planting project; NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo: 1. Approves filing an application to the National Small Business Administration Tree Planting Program for 1995 for state assistance on the City of San Luis Obispo Tree Planting Project; 2. Certifies that the City of San Luis Obispo has or will have sufficient money to operate and maintain the project; and R -8116 Resolution No. 8116 (1993 Series) 3. Certifies that money under the jurisdiction of the City of San Luis Obispo is available to begin the project; and 4. Certifies that the City of San Luis Obispo will spend grant money before August 31, 1994; and 5. Appoints John Dunn, City Administrative Officer, as agent for the City of San Luis Obispo to conduct all negotiations and execute and submit all documents, including, but not limited to, applications, agreements, amendments, payment requests, and so on, which may be necessary to complete the project. Upon motion of Council Member Settle , seconded by Council Member Romero and on the following role call vote: AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 2nd day of February•:, 1993. ATTEST: I Mayor P6# Pinard APPROVED: � I NATIONAL SMALL BUSINESS TREE PLANTING PROGRAM 1993 LOCAL APPLICATION Name of State: California Local Government (or Legal Non - Profit Entity *) City of San Luis Obispo Contact Person Name: John Dunn Todd Martin Title: City Administrative Officer Address: City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 Phone: (805 City Arborist City of San Luis Obspo 25 Prado Road San Luis Obispo, CA 93401 Trees will be planted on non - federal land owned or controlled by: The City of San Luis Obispo Population: 43,000 A. Amount of Grant requested $ 56,000 B. Local Match: In -kind (personnel) $ 52,267 C. Local Match: Cash (payments to contractors) 5 .18.424 D. Total Local Match for this project: $ 70,691 E. Total project cost: $ 126.691 [B & C must equal D. A & D must equal E.] Anticipated number of small businesses to be contracted with for this proposal: 2 Planting 2 Tree Purchases (if different from those planting). Other (Maintenance, etc. If different from planting or purchasing) 4 Total Number of trees to be planted for this project:. 413 Street /Park Trees Rural Seedlings (12" tall) (1 -3 yrs old) Number of trees that would be planted on this 'project if nQ SBA money is received: 81 Project Objective: Location of Project various locations within the city limits of San Luis Obispo County: San Luis Obispo Congressional District: 16th Trees to be planted: Species Quercus agrifolia Platanus racemosa Quercus'lobata Maytenus boaria Pyrus kawakamii Pyrus calleryana Acer macroohvllum Pistacia chinensis Congressional Representative: Size 15 gallon n n n n Number of Trees Total Trees: 413 Selection of street trees is conditional upon further review of each site's particular conditions, i.e. hardscape, overhead lines, etc. A master street tree list is attached. Note: Each application must accommodate the three year care and maintenance requirement of the regulations. Care and maintenance includes but is not limited to: watering, pruning, mulching, fertilizing, weed and grass control, and insect and disease control. As designated representative of said applicant, I hereby agree to implement this project according to the attached cost and technical proposals and to abide by the provisions of the Small Business Administration regulations 13 CFR Parts 121 and 125 for this program. I� . n D. Other legal entities must obtain approval from the appropriate. State or local government for this project. APPLICANT CERTIFICATION In consideration of the United States, the Small Business Administrations's approval of a grant under Program Announcement No. PA -91- 001 -01 to the State of California for the purpose of contracting with small, business to plant trees on state or local government lands, I John Dunn, City.- :Administrative - officer_' , as designated representative of said applicant, hereby certify to the following: 1. The applicant's contribution, as detailed in the proposal (including the amount, type and sources) will be provided. 2. Non- federal contribution does not include any value attributable to the land on which the trees are to be planted. 3. No part of the grant will be used to pay for land or land charges. 4. All contracts for planting services will be awarded only to contractors who qualify as small businesses. 5. All purchased planting stock and supplies will be purchased from firms that qualify as small businesses. January 15, .1993 DATE �0_ City of San_ Luis Obispo AGENCY 990 - -Palm Street ADDRESS San Luis Obispo, CA 93401 BUDGET INFORMATION BUDGET CATEGORIES - Grant Program, Function or Activity Object Class (1) Federal* (2) Mon - Federal** (3) In -Kind (5) Total Categories a. Personnel b. Fringe Benefits c. Travel d. Equipment 13,296 e. Supplies 1,744 f. Contractual 56,000 g. Construction 18,424 h. Other(itemize below) .� _ 11,200 26,027 i. Total Direct Charges (sum of.a -h) 56,000 .1122000 59,491 Indirect J- Charges. ;•L� ` '. :.., r•.r - k. Totals . (sun of i -j) 56,000 11,200 59,491 126,691 1. *This colurn reflects the re-quested grant amount and entries should be in the Contractural Category (f). 2. "The COF ad-iinistrative charge (20X) is shown in other (h). . f THE NATIONAL SMALL BUSINESS ADMINISTRATION TREE PLANTING PROGRAM FOR 1993 CITY PLAN NUMBER CY 93 -004 ENGINEER'S COST ESTIMATE GRANT REQUEST: $56,000.00 COST: Costs for street trees. 332 - 15 gallon trees ($40.00 ea.) 13,280.00 332 - to be planted by contract ($95.00 ea.) 31.540.00 TOTAL COST 44,820.00 Costs for freeway screening 81 - 15 gallon trees ($40.00ea.) 3,240.00 81 planted by contract ($95.00 ea.) 7.695.00 TOTAL COST 10,935.00 Planted by contract includes all cost associated with planting tree other than the tree, ie. root barriers, stakes, fertilzer, digging the hole etc. ADMINISTRATIVE FEE 20 % of total grant paid to CDF $119200.00 IN KIND COST (greater than 37% of total project) cost borne entirely by applicant. 1. 277 trees will require water by truck, this 39,322.92 cost over the three year period will be 2. other cost (5% replacement) 1,744.00 2 - irrigation systems 18,424.00 3. the 20% administrative fee paid to CDF 11.200.00 TOTAL COST $700690.92 IN KIND COST $70,690.92 GRANT $56,000.00 TOTAL PROJECT COST OVER THREE YEARS $126,690.92 I I J MASTER STREET TREE LIST COMMON NAME BOTANICAL NAME Bradford Pear Pyrus calleryana Brazilian Pepper Schinus terebinthifolius Brisbane Box Tristania conferta Bronze Loguat Eriobotrya deflexa California Sycamore Platanus racemosa Camphor Cinnamomum camphora Canary island Pine Pinus canariensis Cape Chestnut Calodendrum capense Carrotwood Cupaniopsis anacardioides Cork Oak Quercus suber Evergreen Pear Pyrus kawakamii Fern Pine Tree Podocarpus gracilior Golden Rain Tree Koelreuteria paniculata Holly Oak Quercus ilex Honey Locust Gleditsia triancanthos inermis Red Maple Acer rubrum Incense Cedar Calocedrus decurrens Indian Laurel Fig Ficus retusa nitida London Plane Tree Platanus acerifolia Jacaranda Jacaranda mimosifolia Southern Magnolia Magnolia grandiflora Sweet Gum Liquidamber styraciflua Washington Hawthron Crataegus phaenopyrum Itaian Alder Alnus cordata Zelkova . Zelkova serrata Chinese Pistache Pistacia chinensis Coast Live Oak Quercus agrifolia Mayten Tree Maytenus boaria River Birch Betula nigra. Evergreen Elm Ulmus parvifolia U��� o �� ,��.�� � -�'���� ,g�43 �� � � RESOLUTION NO. 8115 (1993 SERIES) RESOLUTION DESIGNATING APRIL Ley 1993 AS "DISABILITY AWARENESS DAY" s WHEREAS, the City of San Luis wants to continue to demonstrate its support and interest in providing services to disabled citizens; and WHEREAS, the City seeks to heighten the awareness of our employees and the' local business community; and WHEREAS, the City recognizes the necessity of input from the disabled community to continue improving our ability to serve this community; and WHEREAS, the City believes when the business community better addresses the needs of disabled citizens it will result in and create more opportunities for disabled citizens to patronize these local businesses; and WHEREAS, when equal access to all City programs, services and opportunities for employment is provided to disabled citizens it will benefit the entire community. NOW, THEREFORE, BE IT RESOLVED that the City of San Luis Obispo hereby designates April 22 1993 as "Disability Awareness Day" (DAD) to encourage all residents, employees and the business community to better understand and accommodate disabled citizens of this community. Upon motion of Council Member Settle I seconded by Council Member Romero , and on the following roll call vote: R -8115 Ct S Page 2 Resolution No. 8115 (1993 Series) AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES:. None ABSENT: None the resolution was adopted this 2nd ATTEST: D an Gladwell, City C1 6(k APPROVED: City Ad inistrative Officer Personnel Director G:DADI day of February 1993 I� M-4A—A—Y • :. sv, rs RESOLUTION NO. 8114 (1993 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO CONSENTING TO ASSIGNMENT OF THE GROUND LEASE OF CITY PROPERTY AT 1020 SOUTHWOOD DRIVE BY SAN LUIS OBISPO COUNTY YMCA, INC. TO COMMERCE BANK OF SAN LUIS OBISPO WHEREAS, The SLO County YMCA, Inc., located on City- leased property at 1020 Southwood Drive wishes to refinance a $385,000 loan on its building; and WHEREAS, as a condition of refinancing, Commerce Bank of San Luis Obispo requires an assignment of the ground lease to protect the Bank's interests in the event of a default, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO as follows:. SECTION 1. The City Council hereby consents to assignment of the Ground Lease of City property at 1020 Southwood Drive by San Luis Obispo County YMCA, Inc. to Commerce Bank of San Luis Obispo, provided San Luis Obispo County YMCA, Inc. shall at all times remain liable for the performance of the terms and provisions of the ground lease. SECTION 2. The Mayor is authorized and directed to sign the attached "Assignment of Lease Agreement" on behalf of the City. Upon 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 the foregoing Resolution was adopted this 2nd day of February , 1993. Mayor :/ R -8114 RESOLUTION NO Page Two APPROVED: C' 8114 (1993 Series) City Administrative Officer 14 / Y J� m a. F NAME STREET AOTIRESS CITY STATE 21R L RECORDING REOUESTED BY AND WHEN RECORDED MAIL TO Cmymrce Bank of San Luis 545 Higuera Street San Luis Obispo, CA 93401 J , N. A. (SPACE ABOVE THIS LINE FOR RECORDER'S USE) ASSIGNMENT OF LEASE AGREEMENT This Assignment of Lease. Agreement is made and entered into this 1991. by and between SAN LUIS OBISPO Y. M.C.A. (hereinafter referred to as "Assignor ") whose address is M day of January 1020 Southwood, San Luis Obispo, CA 93401 and CODMER E BANK OF SAN LUIS OBISPO, N.A. (hereinafter referred to as "Assignee "). whose address is: 545 Higuera Street, San Luis Obispo, CA 93401 WHEREAS. Assignor as Tenant and City of San Luis Obispo (hereinafter referred to as "Landlord ") entered into Lease Agreement dated December 31, 19 77 asaRaraa e�uu as for that certain property located at 1020 Southwood San TaTic Ohisplar CA 93401 (hut insert street address) - and legally described as follows: See legal description attached hereto and made a part hereof . there insert the legal description) (hereinafter referred to as the "leased premises "); and WHEREAS. Assignor now desires to assign all of its rights, title and interest as the Tenant under said Lease to Assignee and Assignee desires to receive and accept such assignment. NOW. THEREFORE, it is agreed between the parties hereto as follows: 1. In consideration of the sum of Three Hundred..Eiahty -five Thousand and 00 /100* * * * * * * * (s 38S-0nn_00 ) dollars and other valuable consideration, receipt of which is hereby acknowledged by Assignor, Assignor hereby assigns and transfers to Assignee all of its rights, title and interest in the Lease and the leased premises and Assignee hereby accepts said assignment and hereby assumes and agrees to perform from and after the date this Agreement becomes effective, as a direct obligation to the Landlord, all of the terms and provisions of the Lease. 2. The assignment of the Lease as provided for in this agreement shall take ellect on January 8, _ _1993, and Assignor shall give possession of the leased premises to Assignee on that date. 3. A portion of the consideration for this Assignment is that Assignee hereby agrees to assume all of the obligations and perform all of the conditions and covenants of said Lease and Assignee hereby agrees to make all the payments provided for in said Lease now or hereafter to become due thereunder, including the payment of all rentals specified in said Lease. It Assignee defaults under the Lease, Assignee shall indemnify and hold Assignor harmless from all the damages resulting from any such default. It Assignee defaults in its obligations under the Lease and Assignor must pay rent or any other charges to the Landlord under the Lease due to such failure or fulfills any of Assignee's other obligations under the Lease in order to cure or prevent Assignee from being in default. Assignee shall immediately reimburse Assignor for the amount of rent or other amounts paid or costs incurred by Assignor to fulfill Assignee's obligations under the Lease or this Assignment of Lease Agreement, together with interest thereon at the rate of-ten (10 %) percent per annum. 4. Assignor hereby represents to Assignee that the Lease is in full force and effect and that Assignor, as Tenant under said Lease, is not in default under any of the terms, conditions, and provisions contained in the Lease on the part of the Tenant to be kept and performed therein. 5. The parties hereto acknowledge that Landlord now holds the sum of ?ere (s 0.00 ) dollars as asecurity deposit and/or prepaid rent pursuant to Article of the Lease, to be applied subject to the provisions of the Lease. Assignor hereby releases: all claims to said sum, and said sum shall beheld by the Landlord forthe- benelit of Assignee subject to the provisions of the Lease. 6. This Assignment shall he binding upon and inure to the benefit of the parties hereto. their heirs. personal representatives, successors and assio_ns. IN WITNESSYHEREOF. the parties hereto have ex uted this Assignment of Lease Agreement on the day and year first above written. AssIG o Lui bi ASSIGNE �jCe /mac of San Luis Obispo, N.A. �v By:. Mar Bloody rest Charles Fruit, Vice President BY I, I Landlord in the Lease described above, hereby consent to the above Assignment of Lease, provided th his consent shall not in any way be eemed to be a nsent to any further assignment, and further provided d� that Assignor shall at all times remain liable forth prfo ermance of the terms and provisions of the Lease. DATED: �G�21 L� 1 tg 9-3 LANDLO City of San Luis Obispo By By WOLCOT IS FORM 1002 — ASSIGNMENT OF LEASE AGREEMENT —Rev. 1.85 (price class al ©1985 WOLCOTTS. INC. Before you use this Term, read It, fill in all blanks, and make whatever changes are appropriate and necessary to your particular transaction. Consult a lawyer it you doubt the form's fitness.lor your purpose and use. Wolcolts' makes no representation or warranty, express or implied. with respect to the merchantability at Illness 61 this form lot in Intended use or purpose. r i l -alels pies x paquasgns —awl .°°o €2a V a -$_ _vg q.1 O $ O p � -?S3 oo�s ait c �$ oopo c� Nco3 Nar 3�$ :a Y Y O 0 Z O ti a 0 x O 0 Ai m n CD peas Ielielou 1e131110 Jo; ease sly EMSVIIVIMV'3 OB jego130 uo saJK uo(s67wwaJ FN1 tlIN"'nll9 O ods1a0 aim NVS _ 1nd AHV10N M331HIVM O V+ cn � r Z Fn Fn N Z m O O I -leas Ie!01110 pue uey,(w SS3Nllm -saoloajlp ;o pjeoq sl! ;o uollnlosai a jo smul -6q sll of luensjnd;uawnjisul my ;lm 84; painoaxa uol;ejodioo 4ons ieyi aw of pe6palmouHoe pue'paweu ulaiayi uo!lejodjoo a43 r" 75 11 r }o peyaq uo',Veleioas ue luap!sWd I4� se ivawnilsul u!43!m aw palnoexa oym suosiad ayi aq of (a?uapleahwioe►stiesyeslaeq 043- -u orpe,m�aza! ow of umouN Alleuosied' jo; pue ul o!Ignd tieloN a'pout!siapun ayl'ow aio }aq (leas leuelou lelo!140 Jo} 89JO s14,L) 3((gnd tieloN a 'pau6(s}apur 6661 I3 U01��m ii, MCM WIN aim Nvs 1 onand AvvIaN FN 3 N331Hlhl pies I Qj o Altmnoo ss1 411 � , O=U O d0 31ViS { �npeu6ls J -Ieas 1813!110 pu ue4 6w SS30llm -sjoloailp ;o pieoq sl! ;o uolinlosai 8 Jo sme! -,(q s;l oi;uensmd luawnilsul 4!4llme4l painoaxe uo!lejodioo yons OWN 3043 aw of petpalmou)loe pUe'pa u ulaiatii uo!lejodjoo ayi c J 1!Oj 5 }o ;184aq uo'ljei Boas. ue i se luewnjisu! ul4l!m ayi pa gaxo oym suosjad ayi aq of (aouap!na /ioloe ;slles }o slseq 043 uo aw of penoid JO) aw of umouM dl!euosif ' �... jo; pus ul o!Ignd Ae;oN e'pou6!sjepun e41 •ss1 AiNnoo .AO 31ViS w 0 0 N m w N 0 0 c a m o 0 m ' m0 o 3 '! m � 3 m . m J lA w 0 0 N m N c o m o m 0 o 3 M a m m ; m m LL- PURPOSE AICKNOWLE®G`�AENT a State of California l County of San Luis Obispo 1 �n 2 =5 -93 before me, Marilyn Cox, Notary Public DATE NAME, TITLE OF OFFICER - E.G., 'JANE DOE, NOTARY PUBLIC' personally appeared Peg Pinard NAME(S) OF SIGNER(S) - personally known to. me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(;' whose name(a) is /are subscribed to the within instrument and ac- knowledged to me that he /she /they executed the same, in . Ws /her /their authorized capacity(iee), and that by his /her /tk►eir PPEARILYy Cox signatures) on the instrument the person(s), P;QTABY PUPLIC orthe entity upon behalf of which the person* S�68 «`S''iZPO COiii' TY acted, executed the instrument. W GOITIMission Expires on November 14, 1995 Witness my hand and official seal. OF CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL(S) CORPORATE OFFICER(S) Mayor TITLES) ❑ PARTNER(S) ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ SUBSCRIBING WITNESS ❑ GUARDIAN /CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) City of San Luis Obispo r ATTENTION NOTARY: Although the information requested below is OPTIONAL, it could prevent fraudulent attachment of this certificate to unauthorized document. r THIS CERTIFICATE Title or Type of Document Assignment of Lease Agreement MUST BE ATTACHED TO THE DOCUMENT Number of Pages 3 Date of Document 1 -8 -93 - DESCRIBED AT RIGHT: Signer(s) Other Than Named Above 0 1991 NATIONAL NOTARY ASSOCIATION • 8236 Remmet Ave. • P.O. Box 7184 • Canoga Park, CA 913047184 � r r Exhibit "A" Parcel 1 SLO- 892824 MG That portion of the South half of Section 36 in Township 30 South, Range 12 East, Mount Diablo Base and Meridian, according to the official plat or plats of the survey of said lands returned to the General Land Office by the Surveyor General, described as follows: Beginning at a point on the Northwesterly line of County Road No. 324 as conveyed to the County of San Luis Obispo, by deed dated September 5, 1946 and recorded in Book 424, at page 179 of Official Records of San Luis Obispo County, which is South 300 41' West 1248.71 feet from the intersection of said Northwesterly line with the Southerly line of County Road No. 257 as shown on map of a portion of said Section 36, recorded in Book 3, at page 34, of Records of Surveys; thence leaving said Northwesterly line North 720 West a distance of 826 feet to a point, said point being the Southwesterly corner of the property conveyed to Emily Allen Baker, by deed dated April 13, 1949 and recorded May 11, 1949 in Book 522, at page 134 of Official Records; thence North 30° 41' East along the Northwesterly line of the property so conveyed a distance of 43.00 feet, thence North 590 19' West a distance of 7.00 feet to the true point of beginning, thence North 28° 08' 30" East a distance of 134.67 feet; thence North 61° 51' 30" West a distance of 97.33 feet; thence South 28° 08' 30" West a distance of 104.00 feet; thence North 610 51' 30" West a distance of 6.00 feet; thence South 28° 08' 30" West a distance of 36.67 feet; thence South 610 51' 30" East a distance of 36.00 feet; thence North 280 08' 30" East a distance of 6.00 feet; thence South 610 51' 30" East a distance of 67.33 feet to the true point of beginning. AREA FOR MAINTENANCE, INGRESS AND EGRESS EASEMENT: Parcel 2. That portion of the South half of Section 36 in Township 30 South, Range 12 East, Mount Diablo Base and Meridian, according to the official plat or plats of the survey of said lands returned to the General Land Office by the surveyor General, described as follows: - r SLO- 892824 MG Beginning at a point on the Northwesterly line of County Road No. 324 as conveyed to the County of San Luis Obispo; by deed dated September 5, 1946 and recorded in Book 424, at page 179 of Official .Records of San Luis Obispo County, which is South 300 41' West 1248.71.feet from the intersection of said Northwesterly line with the Southerly line of County Road No. 257 as shown on map of a portion of said Section 36, recorded in Book 3, at page 34, of Official Records of Surveys; thence leaving said Northwesterly line North 72° West a distance of '826 feet to the true P.O.B., said point being the Southwesterly corner of the property conveyed to Emily Ellen Baker, by deed dated April 13, 1949 and recorded May 11, 1949 in Book 552, at page 13 of Official Records; thence North 30° 41' East along the Northwesterly line of the property so conveyed a distance of 180.67 feet; thence North 590 19' West a distance of 180.33 feet; thence South 300 41' West a distance of 165.00 feet, thence South 18 00' West to the Northerly line of Southwood Drive; thence South 72° 00'.East to the true P.O.B. Excepting therefrom Parcel 1. C J RESOLUTION NO. 8113 (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE. CITY OF SAN LUIS OBISPO CONCERNING PLANNING FOR DEVELOPMENT OF THE UNINCORPORATED AREA AT THE SOUTHERN EDGE OF THE CITY, COMMONLY KNOWN AS THE AIRPORT AREA WHEREAS, the Airport Area adjoins the incorporated area of the City of San Luis Obispo; and WHEREAS, the City has long anticipated future urban development in the Airport Area, and included plans for such development in it's General Plan; and WHEREAS, previous development of the Airport Area has not been timely due to the unavailability of urban infrastructure and services, such as public water supplies; and WHEREAS, the Board of Supervisors of San Luis Obispo County is now considering using the State Water Project to provide public water supplies to the Airport Area, and has adopted a standard of not providing such water to incorporated areas; and WHEREAS, the electorate of the City of San Luis Obispo has chosen to not participate in the State Water Project, and City Council policy precludes annexation of properties being served with State Water; and WHEREAS, implementation of current County plans for water service to the Airport Area could seriously inhibit overall attainment of City and County land use goals by obstructing future annexation and urban development of the area under City jurisdiction, and precluding efficient, integrated development which would minimize environmental impact. NOW, THEREFORE, BE IT RESOLVED, that the City Council of San Luis Obispo hereby: 1. Opposes expansion of the functions of County Service Area 22 to include the capability of supplying water to properties within its district boundaries; 2. Restates it's intent to participate in provision of water from Lake Naciamento to the City of San Luis Obispo and other cities within San Luis Obispo County; and R -8113 3. Affirms it's intent to incrementally annex, and provide for urban development of, properties in the Airport Area in conformance with City and County land use plans for the area. On motion of Councilmember Roalman, seconded by Councilmember Settle, and on the following role call vote: AYES: Councilmembers Roalman, Settle, Rappa, Romero, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted on this 19th day of January, 1993. Al � iA"-. i Rfor Peg Pinard ATTEST: a -P(c Clerk Diane Gw dwell APPROVED: w` Cj ty Administrative_ Officer u )w i1 O RESOLUTION N0.8112(1993 Series) ESTABLISHMENT OF THE CITY,LEGISLATIVE ACTION PROGRAM AND PRIORITIES FOR 1993 WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively communicate with State legislators and Federal representatives in order to favorably influence the adoption of State and Federal legislation, regulations and grant requests; and WHEREAS, the League of California Cities conducts an effective legislative analysis and influential advocacy program on behalf of cities for State issues and major Federal issues; and WHEREAS, with four County Supervisors representing different portions of the city, it is imperative that the City develop an improved system for regular communication with the Board of Supervisors; and WHEREAS, the City desires to be proactive and involved in the governmental decision making processes directly affecting the City legislative priorities identified in Exhibit "A" and other selected issues as recommended by the League of California Cities; and WHEREAS, the City must have an efficient process in place which allows for a rapid response that effectively communicates the interests of the City to other officials; and WHEREAS, a key component of the City's Legislative Action Program is face -to- face meetings between City representatives and elected officials at the Federal, State and County levels, and coordination with similar efforts made by other local government entities. R -8112 Page Two Resolution No. 8112(1993 Series) NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo does hereby establish the Legislative Action Program and Priorities for 1993 to take positions on legislation generally consistent with the resolutions and recommendations of the League of California Cities and inclusive of the legislative priorities identified in Exhibit A attached hereto. Upon motion of Council Member Settle , seconded by Council MamhPr Ranna and on the following roll call vote: AYES: Council Members Settle, Rappa, Roalman, Romero, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 19th day of January , 1993. ATTEST: IA APPROVED: City A ministrative Officer ^#ttoVeyj f g:legprogr O � J EXHIBIT A. CITY LEGISLATIVE ACTION PRIORITIES FOR 1993 (As Amended by Council 1/19/93) ■ Promoting continued and increased funding sources for Transportation ® Obtaining new funding sources to expand low and moderate income housing Y Supporting added City authority over cable television service ■ Supporting legislation to transfer ownership of Salinas Reservoir to local government Y Supporting Panetta legislation on coastal preservation ■ Requiring funding of federally mandated programs, including new water /wastewater regulations .......::.:........::.. .:..:.......................... ATI= AR1 FINANCE ® Balancing the State Budget without further loss of City revenues ■ Protecting the City from loss of revenues due to State mandates ■ Strengthening opportunities for local fiscal independence COMMUNITY DEVELOPMENT Oppose mandated State approval of local General Plan Elements, such as implementing, and compliance with, State General Plan Housing Element law. ■ Ensure representation for cities on regional air and water quality boards. . State /local impacts of economic conditions within our community PUBLIC SAFETY ■ Reducing city costs for jail booking (SB 2557) ■ Preserving City's authority to investigate police misconduct J; ■ Increasing City authority to regulate group homes for juvenile offenders ■ Continuing support for disaster preparedness /earthquake awareness ■ Supporting grant requests for Regional Hazardous Material Response Team, disaster preparedness, and training facility TRANSPORTATION ■ Increasing transportation funding (including transit, bicycles, others) PERSONNEL /EMPLOYEE RELATIONS ■ Reforming Worker's Compensation ■ Preserving the fiscal integrity of PIERS ■ Opposing binding arbitration and expansion of the "Peace Officers' Bill of Rights" PUBLIC WORKS ■ Redefining prevailing wages as "average" local wages ■ Streamlining Federal and State process for funding street projects ■ Amending Subdivision Map Act to require improvements to infrastructure for lot line adjustments PARKS AND RECREATION ■ Supporting recreational programming, particularly community child care program development and incentives ■ Supporting funding for protection of natural resources (e.g., the Morros) and open spaces, including public information on State ballot measures UTILITIES ■ Providing funding for reclaimed water programs ■ Supporting clean water grant programs ■ Supporting solid waste management which includes advance disposal fees and /or increased recycled content i I GO NTY PRIORITIES ■ Establishing local ownership of the Salinas Reservoir ■ Expediting County development of the Nacimiento Project ■ Increasing local funding of the Transit Transfer Center ■ Retaining County offices in the downtown area ■ Revising local emergency medical service response ■ Completing the Airport Area Master Plan ■ Improving solid waste management (reduce, reuse, recycle) ■ Developing cooperative approaches for providing services on a regional basis ■ Promote consistency between the City and County General Plans, especially by opposing urban -like development in areas adjacent to the City limits. \legproga e xo�l RESOLUTION NO. 8111 (1993 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING THE TREE COMMITTEE'S DECISION TO APPROVE TREE REMOVAL REQUEST AT 1034 MILL STREET WHEREAS, the San Luis Obispo Tree Committee Jack Sutcliffe's request to remove the 45 foot Pine located at 1034 Mill Street. The tree is uprooting the existing handicap ramp and front house. The tree has reached approximately 25% size and will possibly cause further damage to structure. aas approved Mr. tall Canary Island currently porch of the of its potential the main WHEREAS, the San Luis Obispo Tree Committee has heard Mr. Raphael Brady's appeal to deny removal of the 45 foot tall Canary Island Pine located at 1034 Mill Street and resolve the problem in an architectural manner and continues to recommend removal of the tree; and WHEREAS, the City Council of the City of San Luis Obispo has heard the appeal of Raphael Brady to deny the removal of the 45 foot Canary Island Pine located at 1034 Mill Street and has reviewed the minutes of the Tree Committee. NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Luis Obispo upholds the Tree Committee's decision to approve the tree removal request at 1034 Mill Street. Upon 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 adopted this 19th day of January . 1993. 1 ATTEST: !/ Ydne Gladj611, City Clerk ID Mayor Pe5l Pinard R -8111 Resolution No. 8111 (1993 Series) ty ALdpinistAative Off ing Public Works Director m11110341 /wpf1 U �� . ear "J �� C` RESOLUTION NO. 8110 (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO MID - MANAGEMENT /CONFIDENTIAL EMPLOYEES' ASSOCIATION FOR THE PERIOD OF JANUARY 1, 1993 - DECEMBER 31, 1993. 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 Mid- Management /Confidential Employees' Association, attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. Section 2. The Finance Director shall increase the Personnel Services appropriation accounts to reflect the negotiated compensation changes. Section 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Dennis Cox, President SLOMM /CEA; Ann Slate, Personnel Director; William Statler, Finance Director. 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 the foregoing Resolution was passed and adopted this 19th day of January, 1993. R -8110 Resolution No. 8110 (1993 Series) ATTEST: APPROVED: City A ministrative Officer IN Waz "dm ;, -Pinance Director 0 Personnel Director I Mayor Pa Pinard 1 TABLE OF CONTENTS 2 Article No. Title Paae No. 3 1 Parties to Agreement .................... 1 4 2 Recognition ........................... 2 5 3 Employee Rights ....................... 3 6 4 Representative Role ..................... 4 7 8 5 Management Rights ..................... 5 9 6 Peaceful Performance .................... 6 10 7 Grievance Procedure .................... 8 11 8 Salary ............................. 11 12 9 Salary Survey Agencies ................. 17 13 10 Confidential Employees .................. 18 14 15 11 Payday ............................. 20 16 12 Cafeteria Plan ........................ 21 17 13 Retiree's Medical Insurance .............. 24 18 14 Work Schedules and Administrative Leave .... 25 19 15 Sick Leave .......................... 27 20 16 Bereavement Leave .................... 30 21 22 17 Family Leave ......................... 31 23 18 Vacation Leave ....................... 33 24 19 Unplanned Vacation .................... 35 25 20 Workers' Compensation Leave ............. 36 26 21 Paychecks Prior To Vacation .............. 37 27 28 1 22 Holidays ............................ 38 2 23 Retirement .......................... 39 3 24. Safety Program ....................... 41 4 25 Required Footwear ..................... 42 5 26 Uniforms ........................... 43 6 27 Class "A" Physicals .................... 44 7 8 28 Temporary Assignment .................. 45 9 29 Work Out -Of- Classification ............... 46 10 30 Transfer .......................... . . 47 11 31 Light Duty Assignment .................. 48 12 32 Americans With Disabilities Act ............ 49 13 33 Layoffs ............................. 50 14 15 34 Authorized Agents ..................... 56 16 35 Full Agreement ....................... 57 17 36 Savings Clause ....................... 58 18 37 Term of Agreement .................... 59 19 38 Renegotiation and Periodic Meetings ........ 60 20 39 Signatures .......................... 61 21 22 23 Appendix A - Classifications .............. 62 24 25 26 27 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 1 PARTIES TO AGREEMENT This Agreement is made and entered into this day of 1993, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Mid - Management /Confidential Employees' Association, hereinafter, Association. Nothing in this Agreement between the parties shall invalidate nor be substituted for any provision in City Resolution No. 6620, (1989 Series) 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 ARTICLE 2 RECOGNITION 0 Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620, (1989 Series) the City hereby recognizes the San Luis Obispo Mid - Management /Confidential Employees' Association as the bargaining representative for purposes of representing regular and probationary employees, occupying the position classifications set forth in Appendix A. in the Mid - Management /Confidential Unit with respect to their compensation, hours and other terms and conditions of employment for the duration of this Agreement. 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Cam, ARTICLE 3 EMPLOYEE RIGHTS Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer - employee relations including but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20. 21 22 23 24 25 26 27 28 '�D l_ ARTICLE 4 REPRESENTATIVE ROLE Members of any recognized employee association may, by a reasonable method, select not more than four employee members of the association and one employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by an authorized official of the association) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The employee Association shall, whenever practicable, submit the names(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meeting. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the department head or other authorized City management official. If employee representatives cannot be released, date of meeting will be rescheduled in accordance with item (2) below. (2) That any such meeting is subject to scheduling by City management consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management . from scheduling such meetings before or after regular duty or work hours. 9 1 ARTICLE 5 2 MANAGEMENT RIGHTS 3 4 The rights of the City include, but are not limited to, the exclusive right to 5 determine the mission of its constituent departments, commissions and boards; 6 set standards of service; determine the procedures and standards of selection 7 for employment and promotion; direct its employees; take disciplinary action; 8 relieve its employees from duty because of lack of work or for other legitimate 9 reasons; maintain the efficiency of governmental operations; determine the 10 methods, means and personnel by which government operations are to be 11 12 conducted; determine the content of job classifications; take all necessary 13 actions to carry out its mission in emergencies; and exercise complete control 14 and discretion over its organization and the technology of performing its work. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 O ARTICLE 6 PEACEFUL PERFORMANCE Participation by an. employee in a strike or a concerted work stoppage is unlawful and shall terminate the. employment relation provided, however, that nothing herein shall be so construed as to affect the right of any employee to abandon or to resign his employment. a) Employee organizations shall not hinder, delay, or interfere, coerce employees of the City to hinder, delay, or interfere with the peaceful performance of City services by strike, concerted work stoppage, cessation of work, slow -down, sit -down, stay -away, or unlawful picketing. b) In the event that there occurs any strike, concerted work stoppage, or any other form of interference with or limitation of the peaceful performance of City services prohibited by this article, the City, in addition to any other lawful remedies of disciplinary actions, may by action of the Municipal Employee Relations Officer cancel any or all payroll deductions, prohibit the use of bulletin boards, prohibit the use of City facilities, and withdraw recognition of the employee organization or organizations participating in such actions. 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 c) Employees shall not be locked out or prevented by management officials from performing their assigned duties when such employees are willing and able to perform such duties in the customary manner and at a reasonable level of efficiency, provided there is work to perform. Any decision made under the provisions of the Article may be appealed to the City Council by filing a written Notice of Appeal with the City Clerk, accompanied by a complete statement setting forth all of the facts upon which the appeal is based. Such Notice of Appeal must be filed within ten (10) working days after the affected employee organization first received notice of the decision upon which the complaint is based, or it will be considered closed and not subject to any other appeal. ►AF 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 7 GRIEVANCE PROCEDURE A grievance is defined as an alleged violation, misinterpretation or misapplication of the employer- employee resolution, the personnel rules and regulations, any Memorandum of Agreement, excluding disciplinary matters, or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters. Each grievance shall be handled in the following manner: A. The employee who is dissatisfied with the response of the immediate supervisor shall discuss the grievance with the supervisor's immediate superior. The employee shall have the right to choose a representative to accompany him /her at each step of the process. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. B. If still dissatisfied, the employee may submit the grievance in writing to the department head for consideration, stating the facts on which it was based, including the provision of the rules, regulations, or agreement said to be violated, and the proposed remedy. This action must take place within (15) business days of the response of the supervisor's immediate superior but in no event later than thirty (30) calendar days after the occurrence of the event giving rise to the grievance. The department head shall promptly consider the n C C 1 grievance and render a decision in writing within fifteen (15) 2 business days of receiving the written grievance. If the employee 3 accepts the department head's decision, the grievance shall be 4 5 considered terminated. 6 C. If the employee is dissatisfied with the department head's decision, 7 the employee may submit the grievance in writing to the Personnel 8 Director within seven (7) business days of receiving the department 9 head's decision. The Personnel Director shall confer with the 10 employee and the department head and any other interested parties, it 12 and shall conduct such other investigations as may be advisable. 13 D. The results of findings of such conferences and investigations shall 14 be submitted to the City Administrative Officer in writing within 15 fifteen (15) business days of receiving the employee's written 16 request. The City Administrative Officer will meet with the 17 employee if the employee so desires before rendering a decision with 18 19 respect to the complaint. The City Administrative Officer's decision 20 and reasons if denied shall be in writing and'given to the employee 21 within twenty (20) business days of receiving the Personnel 22 Director's results and findings. Such decision shall be final unless 23 employee desires the Personnel Board to review the decision. If 24 such is the case, the employee will have ten (10) business days 25 26 following receipt of the City Administrative Officer's decision to 27 28 9 1 submit a written request to the Personnel Board through the 2 Personnel Director for a review of the decision. The Personnel Board 3 within thirty (30) business days shall review the record and either (1) 4 issue an advisory opinion to the City Administrative Officer; or (2) 5 g conduct a hearing on the matter. If a hearing is held, an advisory 7 opinion shall be rendered by the Board within ten (10) business days 8 of the close of such hearing. If an opinion signed by at least three 9 (3) members of the Personnel Board recommends overruling or 10 modifying the City Administrative Officer's decision, the City 11 Administrative Officer shall comply or appeal this recommendation to 12 13 the City Council. Such appeal shall be filed with the City Clerk .14 within three (3) business days of the Board's action. If appealed, the 15 City Council shall review the case on the record and render a final 16 decision within thirty (30) business days of submittal. 17 18 19 20 21 22 23 24 25 26 27 28 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 24 25' 26 27 28 ARTICLE 8 SALARY D I. SALARY FOR MID - MANAGEMENT EMPLOYEES PURPOSE: To establish and maintain a compensation program that is externally competitive and internally equitable and that rewards managers based on their performance. It is understood that the success of this plan is dependent on the mutual commitment and effort by both mid - managers and management. SECTION A Salary Schedules 1. Salary Groups There are currently five (5) salary groups. The creation of any new salary groups that may be proposed by the City shall be a subject for meet and confer and the Association shall be afforded proper notice. Salary groups are as follows: Salary Group Classifications Salary Range 1 Advance Planning Manager 485 Current Planning Manager II Assistant City Attorney 480 Chief Building Official Parks and Building Manager Principal Planner Supervising Civil Engineer Street Manager Utilities Engineer Wastewater Division Manager Water Division Manager III Accounting Manager 470 Open Space Planner Parking Manager Police Support Services Manager 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1.7 18 19 20 21'' 22 23 24 25 26 27 28 III Revenue Manager Transit Manager Wastewater Treatment.Plant Supervisor Water Treatment Plant Supervisor IV Administrative Analyst Engineering Feld Supervisor Fire Protection Specialist Information Systems Coordinator Personnel Analyst Plan Check Engineer Principal Recreation Supervisor Solid Waste Coordinator (contract) Supervising Mechanic Wastewater Collection Supervisor Wastewater Reclamation Coordinator (contract) Water Distribution Supervisor Water Projects Manager (contract) Water Supply Supervisor V Accounting Supervisor Arborist Bicycle Coordinator (contract) Building Maintenance Supervisor Customer Service Supervisor Energy Coordinator (contract) Golf Course Supervisor Industrial Waste Coordinator Parks Supervisor Police Records Supervisor Recreation Supervisor Streets Project Coordinator Streets Supervisor Water Conservation Coordinator 470 460 450 2. Salary Ranges Effective January, 1993, the salary ranges are as follows: Range Salary 485 $3728 -$4908 480 $3420 - $4700 470 $3140 - $4400 460 $2920 - $4150 450 $2700 - $3830 SECTION B Placement in Ooen Salary Range for New Employees When an employee is appointed or promoted to a mid - management classification the department head, with the approval of the personnel director, may place the salary at or below the mid -point of the salary 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 range. Placement above the mid - point requires the approval of the City Administrative Officer. Within the first two years of appointment or assignment, the department head, with the approval of the personnel director, may raise the salary of a new employee to the mid -point of the salary range based on the employee's sustained competent performance. SECTION C Classification Pay Range Allocation Guidelines If a classification is reallocated to a lower pay range the incumbent's salary shall be frozen until it is not greater than the top of the new range. If a classification is reallocated to a higher pay range the incumbent's salary may be increased by an amount not to exceed five percent (5 %) if such amount is within the established range. The exact amount shall be determined by the department head with approval of the Personnel Director, with due consideration for current salary range, the employee's placement within that range and performance. SECTION D Salary Range Adjustment In order to maintain a compensation program that is externally competitive and internally equitable, salary ranges shall be periodically evaluated and, if appropriate, adjusted. Adjustments shall increase the salary range only; salary increases for individual 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 C� C employees shall be determined based solely on performance. In the calendar year 1993, there will be no increase in salary ranges. Range increases shall be reconsidered in November 1993 as part of the negotiations for a successor agreement which shall become effective January 1, 1994. SECTION E Performance Pay Plan and Exceptional Performance Award The compensation program for Mid - Management Employees shall consist of pay increases for individual employees and may be awarded through two programs: (1) The Performance Pay Plan; and (2) the Exceptional Performance Award Program. These programs shall not be funded in 1993. Funding for them, however, shall be reconsidered in November 1993 pursuant to negotiations for the contract period to commence in January 1994. Although the precise format and procedures for these programs shall be considered at that time, the programs will be developed generally in accordance with the concepts outlined below. (1) Performance Pay Plan: The salary of Management Team members and Mid- Managers may be adjusted annually based on similar considerations. The Performance. Pay Plan developed for Mid- Managers shall be modeled after whatever approach is used to determine salary adjustments for Management Team members. The current approach is outlined in Exhibits A and B of 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Resolution 6604, adopted by the City Council on April 18, (2) Exceptional Performance Award Program: An Exceptional Performance Award Program is intended to recognize employees whose performance has been exceptional during a .given year. Key components of such a program shall be: a) At their discretion, department heads shall have the opportunity to nominate Mid - Managers for an award during a specific time period each year. b) Prior to the start of the nomination period, the Personnel Department shall issue instructions to department heads, including a criteria for determining appropriate nominations. The criteria shall be established by a sub- committee of two Management Team members and two Mid - Managers. c) Nominations shall be made directly to the CAO. The CAO may or may not refer the nominations to the Management Team for a recommendation, at his discretion. d) Awards to individuals shall be made in a one -time, lump -sum fashion, separate from the bi- weekly pay check, if possible. 15 1 e) Limitations shall be established for both individual 2 awards (similar, though not necessarily identical to, the 3 Management Team limit) and the total amount of funds 4 5 available for the program. 6 f) Organizational recognition of those receiving awards 7 shall be considered. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23' 24 25 26 27 28 ARTICLE 9 SALARY SURVEY AGENCIES For purposes of external comparisons the agencies to be used for review of compensation shall be determined by mutual agreement prior to the next negotiations. 17 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21' 22 23 24 25 26 27 28 ARTICLE 10 CONFIDENTIAL EMPLOYEES 1. The Executive Secretary, (CAO), the Legal Secretary, the Executive Secretary, (Personnel), and the Personnel Assistant II positions are designated as confidential. The Confidential Employees shall receive no salary increases in 1993 other than those step increases they may be eligible for as part of their compensation plan. The rules governing step changes for Confidential employees are the same rules contained in Article 5, Section A, the 1992- 94 MOA between the City and SLOCEA. 2. Confidential employees shall receive overtime pay at one and one half their regular rate for all hours ordered by management and worked in a work week. Holidays and sick leave will be counted as hours worked for purposes of overtime. Regular rate means the overtime base rate per FLSA guidelines. 3. Employees eligible for overtime pay may elect compensation in the form of time off, CTO, at the rate of one and one half hours. for each hour worked provided the following conditions are met. a) An employee shall be compensated in CTO only, if the department head approves such compensation.. b) An employee may not be compensated in CTO for more than sixty hours of earned overtime in a calendar year. 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) Accumulated CTO not taken within the calendar year, shall be compensated in cash at straight time during December. 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 11 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. 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 12 CAFETERIA PLAN A. CONTRIBUTION Effective on the first day of the first full payroll period in January 1993, the City shall contribute $360.00 per month for Cafeteria Plan benefits for each regular, full time employee covered by this agreement. Less than full - time employees shall receive a prorated share of the City's contribution. B: INSURANCE COVERAGE Unless otherwise modified, 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 0 2) months or as provided by the applicable insurance contract. The City will provide a minimum of thirty days notice of any medical plan rate increase during the contract period. C. LIFE INSURANCE Mid - Management and Confidential employees shall receive $25,000 term life insurance coverage and a long -term disability insurance plan for recognition of their management responsibilities. 21 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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. b. submit to the City and its employee associations recommendations on proposed changes for the City's flexible benefits plan c. disseminate information and educate employees about the City's flexible benefits plan d. participate in other related assignments requested by the City and its employee associations. 2. Miscellaneous a. The actions of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and conferring. b. No recommendation of the Medical Plan Review Committee on matters within the scope of bargaining shall take effect before completion of meet and confer requirements between the City and the Association. c. If changes to the City's flexible benefits plan are subject to meet and confer requirement, the City and the Association agree to meet 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 in good faith. d. In performing its duties, the Medical Plan Review Committee may consult independent outside experts. The City shall pay any fees incurred for this consultation, provided that the City has approved the consultation and fees in advance. E. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay periods in the event that an employee has exhausted all paid time off due to an employee's catastrophic illness. That is, the employee shall receive regular City health payment benefit for the first two pay periods following the pay period in which the employee's accrued vacation and sick leave balances reach zero (0). 23 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 .25 26 27 28 U ARTICLE 13 RETIREE'S MEDICAL INSURANCE Unless otherwise modified, employees covered by this Agreement who meet all of the conditions set forth below are eligible to participate in the group medical coverage provided by the City at group rate paid totally by the employee. The qualifying conditions are: 1. The employee must retire from City service, apply for and actually receive retirement benefits through the City's retirement system. 2. The employee must be at least 50 years of age. 3. The employee must have at least ten (10) years of service with the City. 4. The employee may have dependent coverage only for those dependents covered for the last year of employment with the City. 5. All employee and dependent coverage will cease upon the death of the employee or upon the employee reaching age 65. 24 1 2 3 A 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 14 WORK SCHEDULES AND ADMINISTRATIVE LEAVE A. CONFIDENTIAL EMPLOYEES This article is intended to define the normal hours of work and shall not be construed as a guarantee of hours of work per day or hours of work per week, or of days of work per week. Employees shall be scheduled to work on regular workshifts having regular starting and quitting times. Except for emergencies, employees' workshifts shall not be changed without reasonable prior notice to the employee. Neither callback nor overtime constitute a change in workshift. All references to accrual of vacation, holiday or sick leave in the Agreement shall be interpreted as one (1) day being equivalent to eight (8) hours. B. MID - MANAGEMENT EMPLOYEES The employees in these classifications are part of the management staff of the City and exempt from overtime compensation consideration. It is recognized that their managerial and program responsibilities may require time and effort outside the normal workday and which may result in working beyond a forty hour week. In consideration of these factors the managerial staff shall be afforded sufficient flexibility in managing their work load and time. Also, they shall 25 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, be granted up to 40 hours per year of administrative leave in lieu of overtime compensation with departmental approval. No formal accounting of specific overtime worked shall be required. 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 � n ARTICLE 15 SICK LEAVE A. Sick leave shall be defined as absence from duty because of illness or off - the -job injury, medical or dental appointments, or exposure to contagious diseases as evidenced by certification from an accepted medical authority. B. Rules governing sick leave: 1. Each incumbent of a line -item position shall accrue sick leave with pay at the rate of eight (8) hours per month for a full time employee and on a pro rata basis for a part -time employee. 2. Sick leave may be used after the completion of the month of service in which it was earned. 3. Sick leave shall begin with the first day of illness. 4. Department heads shall be responsible to the City Administrative Officer for the uses of sick leave in their departments. 5. A department head shall require written proof of illness from an authorized medical authority at the employee's expense for sick leave use in excess of 40 consecutive working hours by personnel in his /her department. Such proof may be required for periods less than 40 consecutive working hours where there exists an indication of abuse. 6. Any employee who is absent because of sickness or other physical disability shall notify his /her immediate supervisor or department head as soon as possible but in any event during the first day of absence. Any employee who fails to comply with this provision without having 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 n 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 a contagious disease, the employee shall revert to a status of leave of absence without pay and be subject to. the provisions of the Personnel Rules. 10. The right to benefits under the sick leave plan shall continue only during the period that the employee is employed by the City. This plan shall not give any employee the right to be retained in the services of the City, or any right of claim to sickness disability M3 C, 1 benefits after separation from the service of the City. When an 2 employee receives compensation under Worker's Compensation Act of 3 California, such compensation received shall be considered part of the 4 5 salary to be paid to the employee eligible for such payments as 6 required by state law. 7 11. Notwithstanding anything contained in this section, no employee shall 8 be entitled to receive any payment or other compensation from the 9 City while absent from duty by reason of injuries or disability received 10 as a result of engaging in employment other than employment by the 11 12 City for monetary gain or other compensation other than business or 13 activity connected with his /her City employment. 14 12. Accumulation of sick leave days shall be unlimited. 15 13. Upon termination of employment by death or retirement, a percentage 16 of the dollar value of the employee's accumulated sick leave will be 17 paid to the employee, or the designated beneficiary or beneficiaries 18 19 according to the following schedule: 20 (a) Death - 25 % 21 (b) Retirement and actual commencement of PIERS benefits: 22 (1) After ten years of continuous employment - 10% 23 (2) After twenty years of continuous employment - 15% 24 25 26 27 28 29 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16j 17 18 19 20 21 23 24 25 26 27 28 ARTICLE 16 BEREAVEMENT LEAVE At each employee's option, sick leave may be used to be absent from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step - brother, step- sister, grandparent, or any other relative living in the same household, provided such leave as defined in this section shall not exceed 40 working hours for each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information concerning the death or relationship shall be cause for discharge. I 30 1 ARTICLE 17 2 FAMILY LEAVE 3 A. An employee may take up to two (2) days (16 hours) of sick leave per year 4 5 if required to be away from the job to personally care for a member of 6 his /her immediate family. 7 B. An employee may take up to five (5) days (40 hours) of sick leave per year 8 if the family member is part of the employees household. 9 C. An employee may take up to seven (7) days (56 hours) of sick leave per 10 year if the family member is part of the employee's household and is 11 12 hospitalized. The employee shall submit written verification of such 13 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 conjunction with the existing four (4) month pregnancy - disability leave 27 provided by California law. 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 Conditions governing this leave include: 1. Medical verifications. 2. Only one spouse shall be granted leave if both are employed by the City. 3. Employees are required to use accrued vacation as a part of the family leave period. Use of accrued sick leave is not required, but may be used if applicable under current rules. 4. Time spent on family leave shall not constitute a break in service for purposes of seniority or longevity. 5. This leave is being provided for, under the California Family Rights Act of 1991. Any required interpretations shall be based on the Act. G. Parties recognize that employees may be eligible for additional family leave benefits as provided in the City's Catastrophic Leave Policy. 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25. 26' 27 28 ARTICLE 18 VACATION LEAVE A. Each incumbent of a 40 hour week line -item position shall accrue vacation leave with pay at the .rate of 96 hours per year of continuous service since the benefit date for the first five years, 120 hours per year upon completion of five years, 144 hours per year upon completion of years, and 160 hours upon completion of twenty years. Employees scheduled for more than 40 hours a week shall receive the equivalent number of vacation days pro -rated to.the number of regularly scheduled work hours. B. An incumbent is not eligible to use accrued vacation leave until after the completion of the sixth calendar month of service since the benefit date. C. A regular employee who leaves the City service shall receive payment for any unused vacation leave. D. Vacation schedules must be reviewed by management prior to the scheduled vacation. Vacation schedules will be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. Management may not deny an employee's vacation request if such denial will result in the loss of vacation accrual by the employee, except that, management may approve a two month extension of maximum vacation accrual. However, in no event shall more than one such extension be granted in any calendar year. E. Any employee who is on approved vacation leave and becomes eligible for sick leave as defined in Section 2.36.420A may have such time credited as 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 sick leave under the following conditions: 1. A physician's statement certifying that illness, injury or exposure to contagious disease has occurred is presented to the supervisor upon returning to work. 2. The vacation leave immediately ends and the employee reports to work following the end of sick leave usage. (Ordinance No. 782 - 1978.Series) F. Vacation leave shall be accrued as earned each payroll period up to a maximum of twice the annual rate. Vacation leave shall be accrued as earned each payroll period, provided that not more than twice the annual rate may be carried over to a new calendar year. It shall be the responsibility of the employee to plan vacations and receive departmental approval in a timely manner. G. All employees in this unit are eligible once annually in December, to request payment for up to 40 hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. H. Confidential employees shall receive the same accrual schedule and refund provision as Mid - Management employees. 34 11 2 31 4' 511 6I' 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C ARTICLE 19 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 December 31 of the last year of the term of this agreement. 35 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 20 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. M 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 7 2811 ARTICLE 21 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. 37 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 O ARTICLE 22 HOLIDAYS 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 One -half day before Christmas Day December 25 - Christmas Day One -half day before New Year's Day Two Floating Holidays When a holiday falls on a Saturday, the preceding Friday shall be observed. When a holiday falls on a Sunday, the following Monday shall be observed. A holiday shall be defined as eight (8) hours of paid time off for regular full -time employees. The floating holidays shall be accrued on a monthly basis and added to the vacation accrual. 38 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 23 RETIREMENT SECTION A The City agrees to provide the Public Employees' Retirement System's 2% at age 60 plan to all eligible employees including the amendments permitting conversion of unused sick leave to additional retirement credit and the 1959 survivor's benefit; and one year final compensation. SECTION B The City agrees to contribute seven (7) percent of an employee's salary on behalf of the employee to PERS. These amounts paid by the City are employee contributions and are paid by the City to satisfy the employee's obligation to contribute seven (7) percent of salary to PERS. An employee has no option to receive the contributed amounts directly instead of having 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 (7). percent of salaries will be added to the total compensation provided by the City to the employees. It is further understood and agreed to by the parties that payment of the seven (7) percent PERS contribution is made subject to I.R.S. approval of reporting procedures. 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 SECTION .0 The City acknowledges that conversion to the PERS 2% at 55 is an Association priority and agrees to fully research the costs, timing implications and organizational impacts including projected retirements. The findings shall be presented to the Association by July 1, 1993 in concert . with other retirement incentive programs that may be under consideration by the City at that time. .M D 1 ARTICLE 24 2 SAFETY PROGRAM 3 4 The City shall continue a compensation program for safety representatives on 5 the basis that each designated safety member shall be compensated at the rate 6 of $10.00 per month. The description of the duties of a safety committee 7 member shall be designed by the Personnel Director or his /her designee. The 8 intent of the safety representatives is to assist the Personnel Director and the 9 overall safety program in reducing accidents by reporting hazardous conditions. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 41 1 ARTICLE 25 2 REQUIRED FOOTWEAR _ 3 Employees who are required by management and do wear protective footwear 4 5 for safety reasons shall be reimbursed up to $100.00 per pair of safety boots. 6 Footwear shall be replaced and reimbursed on an "as- needed" basis. Approval 7 for reimbursement shall be at the discretion of the employee's supervisor. This 8 provision shall be administered consistent with the General Employee's Unit. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 42 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 26 UNIFORMS Employees in the Mid - Management /Confidential Unit may elect to wear uniforms based on the individual requirements of the positions. Those who do so shall wear the uniforms or relevant parts thereof of the uniforms selected by the City as official uniforms. Any questions concerning this option should be discussed with the appropriate department head. 43 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24' 25 26 27 28 ARTICLE 27 CLASS "A" 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 "A" California drivers licenses. The City will reimburse the cost of.the Class A drivers License that exceeds the cost of the Class C license for those employees required to hold a valid Class A California drivers license. The Class A renewal fee is $55.00 and the Class C is $10.00 Therefore, employees required to hold the Class A will be reimbursed $45.00 by submitting a claim with receipts through their department. 44 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 28 TEMPORARY_ ASSIGNMENT An appointing authority may temporarily assign an employee to a different position for a specific period of time, after which the employee returns to his /her regular duties and position from which he /she was detailed. Such action shall have the prior approval of the Personnel Director. An appointing authority may assign an employee to a different position for a period of time not to exceed six months, provided the employee has received 24 hours written notice which includes reasons for the assignment. 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 29 WORK OUT -OF- CLASSIFICATION For the purposes of this article, an out -of -class assignment is the full - time performance of all the significant duties of an available, funded position in one classification by an individual in a position of another classification. An employee assigned in writing by management to work out -of -class in a position assigned a higher pay range which is vacant pending an examination or is vacant due to an extended sick or disability leave shall receive no less than five (5) percent, but in no case more than the top salary of the higher range, nor less than the bottom salary of the higher range, in addition to their regular base rate commencing on the eleventh consecutive workday of the out -of -class assignment. 46 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 0 ARTICLE 30 TRANSFER Upon proper notice and concurrence by the City Administrative Officer, an employee may be transferred by the appointing authority from one position to another in the same pay range provided he /she possesses the minimum qualifications as determined by the Personnel Director. If the transfer involves a change from one department to another, both department heads must consent thereto unless the City Administrative Officer orders the transfer for purposes of economy and efficiency. The employee shall be given five (5) business days written notice of the transfer including the reason for the change. 47 1 ARTICLE 31 2 LIGHT DUTY ASSIGNMENT 3 If an employee's medical'condition temporarily precludes the performance of 4 5 his /her normal duties and management determines modified work is available 6 and necessary to be performed, he or she may, with medical authorization, be 7 temporarily assigned to such work for a period not to exceed six months. No 8 change in base pay will result unless the duties to be performed are substantially 9 greater or lesser than those normal) performed by the employee Y and the P P Y 10 employee's current pay rate is not within the pay range for the temporarily 11 12 assigned work. Every attempt will be made to utilize the employee at the 13 highest level possible. The amount of pay and any change, if necessary, shall 14 be determined with due regard for current compensation, proposed duties, and 15 estimated length of disability.' 16 17 18 19 20 21 22 23 24 25 26 27 28 48 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22' 23 24 25 26 27 28 ARTICLE 32 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. Em 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ARTICLE 33 LAYOFFS 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 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 lowest job performance category based on the overall performance rating on the last evaluation form due prior to the effective date of the layoff(s). In other words, the regular employee in the lowest job performance category having the least seniority within the job classification to be deleted from a department will be the first to be laid off. b. In the event two or more employees in the same job classification are in the same job performance category, the employee with the least amount of service with the City shall be laid off first. C. Transfer to another department in lieu of layoff is authorized upon approval of the department needs, if there is a vacancy and the employee meets the minimum job requirements. d. Regular part time employees shall receive prorated seniority credit. Laid Off Employees on Reemployment List. The names of employees who have been laid off shall be placed on the appropriate Reemployment List for one year. The recall of employees will be in reverse order of layoff, depending upon City requirements. 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 26 27 28 Reemployment lists shall be used for filling those classes requiring substantially the same minimum qualifications, duties and responsibilities of the class from which the layoff was made. C. Appointment of Laid -Off Employees to Vacant Class. 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. 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 and will meet and confer as to the impacts of the lay -offs. G. Notice of Layoff to Employees. An employee to be laid -off shall be notified in writing of the impending action at least sixty (60) calendar days in advance of the effective date of the lay -off. The notice shall 52 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 q 3 the individual indicates that he /she will be unable to return to employment with the City during the life of the list; or the individual cannot be reached after reasonable efforts have been made to do so. The City shall utilize certified mail when contacting individuals; or r 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 an employee who has been notified of his /her impending layoff shall be granted reasonable time off without loss of pay to 53 .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 participate in a prescheduled interview or test for other employment. 2. With the mutual consent of the employee and department head an employee who has been notified of his /her impending lay -off can separate from City service prior to the expiration of the sixty (60) day notice and receive payment for the remaining days. 3. 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. 4. An employee who has been laid off shall receive an additional months Cafeteria Plan contribution and three (3) months additional membership in the City's Employee Assistance Program following date of lay -off. 5. 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 54 I laid off shall be assigned to the salary range of the new classification 2 at the amount closest to the salary he /she earned at the time of the 3 layoff. An individual reemployed into the classification from which 4 he /she was laid off while still a probationary employee shall complete, 5 upon return to the job, the remaining portion of his /her probationary 6 7 period, if any, in effect at the time of the layoff. Similarly, an 8 individual who is reemployed shall complete upon return to the job 9 the same work time he /she would have had to work at the time of 10 the layoff to attain a higher vacation leave accrual rate or to become 11 eligible for a salary step increase, if such changes are possible. 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 55 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 191 20 21 22 23 24 25 26 27 28 ARTICLE 34 AUTHORIZED AGENTS For the purpose of administering the terms and provisions of the Agreement: A. The Association's principal authorized agent shall be the President (address: 25 Prado Road, San Luis Obispo, California 93403; telephone: (805) 781 - 7220). B. Management's principal authorized agent shall be the Personnel Director or his /her duly authorized representative (address: P.O. Box 8100, San Luis Obispo, California 93403; telephone: (805) 781 - 7252). 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 C! n ARTICLE 35 FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. The Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. In the event any new practice, subject or matter arises during the term of this Agreement and an action is proposed by the City, the Association shall be afforded notice and shall have the right to meet and confer upon request I 57 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 36 SAVINGS CLAUSE If any provision of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a thirty (30) day work period. If no agreement has been reached, the parties agree to invoke the provision of impasse under Section 13.1 of City Resolution No. 6620 (1989 Series). M 0 1 ARTICLE 37 2 TERM OF AGREEMENT 3 This Agreement shall become effective upon adoption of Council, except that 4 those provisions which have specific implementation dates, shall be 5 implemented on those dates and shall remain in full force and effect until 6 7 midnight December 31, 1993. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 38 RENEGOTIATION AND PERIODIC MEETINGS If the Association desires to negotiate a successor Agreement, then the Association shall serve upon the City, during October of the fiscal year of the Agreement, its written request to begin negotiations as well as its written proposals for such changes. The request shall include those comparison cities the Association would like the City to survey. Negotiations shall begin within, but no later than, thirty (30) days from the date of receipt of the notice and proposals by the City. . ej 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 28I ARTICLE 39 SIGNATURES Classifications covered by this Agreement and included within this unit are shown in Appendix "A ". This Agreement becomes effective by the following parties. CITY OF SAN LUIS OBISPO Ann Slate Personnel Director , 1993, as witnessed hereto SAN LUIS OBISPO MID - MANAGEMENT/ CONFIDENTIAL EMPLOYEES' ASSOCIATION Dennis Cox Association President NEGOTIATION TEAM MEMBERS Ken Hampian Carolyn Dominguez Assistant CAO Accounting Manager Jim Gardiner Gary Henderson Chief of Police Water Division Manager m c-93 61 Dave Smith Building Maintenance Supervisor Harry Watson Transit Manager 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20' 21 22 23 24 25 26 27 28 i _J APPENDIX A CLASSIFICATIONS A. MID - MANAGEMENT Accounting Manager Accounting Supervisor Administrative Analyst Advance Planning Manager Arborist Assistant City Attorney Bicycle Coordinator (contract) Building Maintenance Supervisor Chief Building Official Current Planning Manager Customer Service Supervisor Energy Coordinator (contract) Engineering Field Supervisor Fire Protection Specialist Golf Course Supervisor Industrial Waste Coordinator Information Systems Coordinator Open Space Planner Parking Manager Parks Supervisor 62 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� Parks and Building Manager Personnel Analyst. Plan Check Engineer Police Support Services Manager Police Records Supervisor Principal Planner Principal Recreation Supervisor Recreation Supervisor Revenue Manager Solid Waste Coordinator (contract) Street Manager Streets Supervisor Streets Project Coordinator Supervising Mechanic Supervising Civil Engineer Transit Manager. Utilities Engineer Wastewater Division Manager Wastewater Treatment Plant Supervisor Wastewater Collection Supervisor Wastewater Reclamation Coordinator (contract) Water Conservation Coordinator Water Division Manager 63 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 Water Treatment Plant Supervisor Water Projects Manager (contract) Water Distribution Supervisor Water Supply Supervisor B: CONFIDENTIAL Executive Secretary (CAO) Executive Secretary (Personnel) Legal Secretary Personnel Assistant 11 M. r .��� �. � � w ,, � ���,. ,� �j�S�' � ���r J nCv ��' . 1 ���1 Y� �3 \`��\ �� r� r RESOLUTION NO. 8109 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LIIIS OBISPO ACCEPTING PUBLIC IMPROVEMENTS FOR TRACT NO. 1259 LOCATED AT 2100 SAN LIIIS DRIVE (Alex Madonna, Subdivider) WHEREAS, the City Council made certain findings concerning Tract No. 1259 as contained in Resolution No. 5813 (1985 Series), and WHEREAS, all conditions required per said resolution have been met, and WHEREAS, all public improvements have been constructed to City standards and specifications. NOW THEREFORE BE IT RESOLVED that the public improvements for Tract No. 1259 are hereby accepted for maintenance by the City of San Luis Obispo. 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 the foregoing Resolution was passed and adopted this 19th day of January , 1993. r Mayor eg Pinard r i y Clerk Di We Gladwell J R -8109 Resolution No. 8109 (1993 Series) Page Two. APPROVED: /Actincc ublic Works Director g/devrevt1259 by 0 0 I; J RESOLUTION N08108 (1993 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING FRANCHISE OBJECTIVES FOR THE SONIC CABLE TELEVISION FRANCHISE RENEWAL WHEREAS, the City's franchise with Sonic Cable Television is scheduled to expire in April of 1993; and WHEREAS, Sonic Cable Television advised the City in mid -1991, in accordance with the Cable Policies Act, of their interest in renewing their franchise; and WHEREAS, the City responded to Sonic's notification by preparing a schedule and process for pursuing the franchise renewal negotiations; and WHEREAS, this process has involved collecting appropriate technical and community needs data on the cable system to prepare for the franchise renewal negotiations; and WHEREAS, a major component of this preparation involved the development of franchise objectives to serve as formal parameters for the franchise renewal negotiations. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis Obispo that figure 1 (attached hereto) represents the franchise objectives that will be used to guide the franchise renewal negotiations with Sonic Cable Television. Upon motion of Council Member Settle seconded by Council Member Rapp a and on the following roll call vote: AYES: Council Members Settle, Rappa, Roalman, Romero, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 5th day of January 1993. 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(1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING AN APPEAL FROM THE ACTION OF THE PLANNING COMMISSION TO NOT ALLOW A HOME OCCUPATION FOR A MASSAGE THERAPIST AT 3057 SOUTH HIGUERA STREET WHEREAS, the Planning Commission conducted a public hearing on application No. A 180 -92, on November 18, 1992, and denied a request to allow massage therapy as a home occupation at 3057 South Higuera Street; and WHEREAS, the applicant has appealed that decision to the City Council; and WHEREAS, the City Council has considered the testimony and statements of the applicant, and other interested parties, and the records of the October 6, 1992 administrative hearing and action, and the November 18, 1992 Planning Commission hearing and action, and the evaluation and recommendation of staff; NOW, THEREFORE, the Council resolves to deny the appeal and uphold the action of the Planning Commission subject to the following findings: SECTION 1. Findings. 1. The proposed use will adversely affect the health, safety, and welfare of persons residing or working on the site or in the vicinity. 2. The use is not appropriate at the proposed location.and will not be compatible with surrounding land uses because a mobile home park is not suitable for continual client visits. On motion of Council Member Settle seconded by Council Member Roalman , and on the following roll call vote: AYES: Council Members Settle, Roalman, and Mayor Pinard NOES: Council Members Rappa and Romero ABSENT: None R -8107 Resolution No. 8107 the foregoing resolution was passed and adopted this 5th day of January , 1993. Mayor eg Pinard. ATTEST: y Clerk bia Gladwell APPROVED: Community Devel ment Director oilY ��%��CR)� RESOLUTION NO. 8106 (1993 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A COMMEMORATIVE BENCH PROGRAM IN THE DOWNTOWN BUSINESS IMPROVEMENT AREA (ARC 211 -92) WHEREAS, the Downtown Business Improvement Association (BIA) has submitted an application requesting approval of the Downtown Commemorative Bench Program (ARC 211 -92); and WHEREAS, this council, after consideration of the Architectural Review Commission's recommendation, staff recommendations and reports, thereof, finds the proposed commemorative bench program would meet a demonstrated need for public seating in the downtown area; and WHEREAS, the proposed bench program will promote public safety and convenience, and is consistent with the Downtown Improvement Manual and with the Draft Conceptual Physical Plan for Downtown San Luis Obispo. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Commemorative Bench Program (ARC.211 -92) is hereby. approved, as generally described in Exhibit "A ", and further, that the council authorizes the Public Works Director to implement the program based on the following guidelines: SECTION 1. Program Guidelines. The Downtown Commemorative Bench Program will be operated jointly by the City and the Downtown Business Improvement Association (BIA). BIA staff is responsible for publicizing the program, ordering benches and memorial placques, payment and.recordkeeping, and advising city staff R -8106 Council Resolution No. 8106 (1993 Series) Page 2 on bench locations. The Public Works Director will oversee program implementation, and be responsible for assembling and installing benches, installing the memorial placques, and maintaining the benches. Bench style and color shall be to the approval of the City's Architectural Review Commission. Bench locations shall be determined by the City Engineer, based on: 1) pedestrian and traffic safety needs; 2) environmental considerations for user comfort and convenience; 3) esthetic factors, including clustering of street furniture where appropriate; and 4) donor preference. SECTION 2. Program Funding. The following program costs will be funded through private donations, and do not involve any city funds: purchase costs of benches, memorial placques, and mounting hardware. The following program costs will be borne by the City: labor costs for supervision, site selection, bench assembly and installation, bench maintenance and repair. The BIA is responsible for administrative staff costs to promote and operate the program as described under Section 1.. Donated benches shall become the property of the City of San Luis Obispo. SECTION 3. Program Changes or Termination. The bench program may be modified by mutual written agreement between the City and BIA, and may be terminated by either party upon 30 -day advance written notice to the other party. Changes to bench style or color shall require Architectural Review Commission approval. On motion of Council Member Settle , seconded by Council Member Romero , and on the following roll call votes Council Resolution No. 8106 (1993- Series) Page 3 AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES: None ABSENT: None The foregoing resolution was passed and adopted this 5th day of January 1 1993. Mayor Peg Pinard ATTEST: 9xdIie'GlaUwelY, City Clerk APPROVED: City A inistrative Officer *1A t orn -Interiie Public works Director Council Resolution No. 8106 (1993 Series) Page 4 Community DekOlopteht Director Attachment: Exhibit "A" - BIA Program Description, December 7, 1992 MEMORANDUM To: Architectural Review Committee From: Downtown BIA /Beautification Committee Date: December 7, 1992 RE: Downtown Commemorative Bench Project As a direct result of numerous requests by the City Council and the y Architectural Review Committee, the Downtown BIA, through the Beautification- Committee, has been working on a. plan to place additional seating throughout . the downtown core. Our Commemorative Bench Program will provide-additional seating, while enhancing the appearance of our downtown, and will contribute to the concept of a more pedestrian - friendly public space as part of the overall downtown concept. We are pleased to submit our proposed bench design for approval by the ARC. We have researched the myriad designs and materials available, and believe this particular bench fulfills the many needs and design criteria of public seating in the downtown. The Renaissance bench. by TimberForm is an. all -steel bench specifically designed to withstand the abuse of the urban environment. The thick steel straps and solid steel supports are coated with a thick, lead -free polymeric urethane finish that is bonded to the metal. It is highly resistant to degradation by ultraviolet radiation, abrasion, 'impacts and other hostile, outdoor elements. The design of the bench is subtly contemporary while more strongly recalling a Mediterranean or Spanish colonial style, which we believe is conducive to the overall ambiance of the downtown plan. As a sidelight, it is manufactured by the same company as the bench approved for the Copeland project, and is similar in design to maintain continuity throughout the downtown. Bench locations have been discussed with City staff, and the consensus is that final designated locations will be subject to the approval of the City Engineer with consideration for the donor's preference. Our program is outlined in the accompanying brochure, but simply stated, is based on donated memorial benches interspersed throughout downtown, installed and maintained by the City. We believe the bench design selected fulfills the parameters of affordability, low maintenance and applicability to the environment, while achieving the end result of additional seating for pedestrians. Should you have any questions, please contact Pam Copeland, Terry Westrope or the BIA office. "019 19 H J P.G. Bar 1110: • San Luis Ohmu • CA • 95416.805 1'541- 0_,S'n 1 f RESOLUTION NO. 8105 (1993 Series) STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM MASTER AGREEMENT NO. SLTPP -5016 WHEREAS, the State of California through the State -Local Transportation Partnership Program, encourages the expenditure of local funds for street improvement projects, and WHEREAS, the City has expended and will continue to expend local funds for street improvement projects. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby approves State -Local Transportation Partnership Program Master Agreement No. SLTPP- 5016 and authorizes the Mayor to execute the documents. Upon motion of Council Member Settle , seconded by Council Member Romero and on the following role call vote: AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 5th day of January, 1993 Mayes Peg Pinard ATTEST: G R -8105 Resolution No. 8105 (1993 Series) APPROVED: All 4 1 A-07-93-CC� j 1S/90 STATE -LOCAL ENTITY MASTER AGREEMENT NO SLTPP -5016 STATE -LOCAL PARTNERSHIP PROGRAM (Pursuant to S &H Code.Section 2600 et seq) ns CITY OF SAN LUIS OBISPO_ DISTRICT LOCAL ENTITY THIS AGREEMENT, made in duplicate this Z44-� day of V 4NOAAR .r 199 , by and between CITY OF SAN LUIS OBISPO , a City, County, or LOCAL ENTITY, as defined in Streets and Highways Code Section 2601(a), hereinafter referred to as "LOCAL ENTITY ", and the State of California, acting by and through the Department of Transportation, herein referred to as "STATE ". WITNESSTH WHEREAS, as provided by Section 2600 et seq. of the Streets and Highways Code, LOCAL ENTITY, has applied for State Share funds to be used for an "Eligible Project" as defined, herein referred to as "PROJECT" selected by LOCAL ENTITY. WHEREAS, STATE is required to enter into an agreement with LOCAL ENTITY to delineate certain responsibilities relative to prosecution of the said PROJECT. NOW, THEREFORE, the parties agree as follows: ARTICLE I'- -Contract Administration 1. Projects shall be constructed in accordance with this agreement and as described in the Project Termini and Type of Work of the Program Supplemental Agreement. 2. Unless otherwise provided in the Program Supplement the LOCAL ENTITY shall advertise, award and administer the construction contract for the PROJECT.. 3. The construction work for PROJECT shall be performed by contract. As a condition.of acceptance of the State Share Funds provided for this PROJECT,.LOCAL ENTITY will abide by the State /Local Partnership Program policies, procedures, guidelines and any special covenants in the Prog "ram 1 A- 07 -93 -CC 0 Supplement which is made part of this agreement by this reference. 4. The estimated cost and scope of PROJECT will be as shown in the approved Project Application which, by reference herein, is made part of this agreement. A contract for an amount in excess of said estimate may be awarded and expenditures may exceed said estimate provided LOCAL ENTITY will provide the additional funding and that sufficient LOCAL ENTITY money is available to finance same. 5. If the total State Share for all eligible PROJECTS exceeds the, amount specified in subdivision (b) of Section 2600 of the Street and Highways Code, the STATE shall compute the pro rata share of State Share funds to be available so that each eligible PROJECT will receive'the'''same ratio of State Share to local share funding. 6. The LOCAL ENTITY agrees that the payment.of State Share Funds will be limited to the lesser of the product of multiplying the calculated pro rata percentage as determined by the STATE by either: (a) the Total eligible State /Local Partnership Project Cost in the approved State /Local Partnership Program Application. (b) the award amount.,* (c) the Final Cost amount.'* . and accepts any consequent increase in LOCAL ENTITY funding requirements. * Includes contract items plus a maximum of 10% for contingencies and construction engineering. 7..Subsequent to the Legislature appropriating the State Share funds and after the LOCAL ENTITY has entered into: a) this State -Local Entity Master Agreement; b) a project specific Program Supplement; and c) awarded the contract for a eligible project, the LOCAL ENTITY may request and shall receive payment for eligible work as follows: (a) STATE will pay it's proportionate "State's Share" of the eligible participating costs upon LOCAL ENTITY submittal of acceptable monthly progress pay estimates for expenditures. Initial progress billings should cover completed or underway contract work. (b) If PROJECT is a cooperative project and includes work on a STATE highway, PROJECT shall -be the subject of a separate cooperative agreement between the STATE and LOCAL ENTITY.. 2 S. The Legislature of the State of.California and the Governor of the State -of California, each within their respective jurisdictions, have prescribed certain employment practices with respect to contract and other.work financed with.State funds. LOCAL ENTITY shall ensure that work performed under this agreement is done in conformance with" the rules and regulations embodying such requirements where they are applicable. 9. After completion of all work under this agreement and after all costs are known, LOCAL ENTITY shall contract for a financial audit of the project costs. The Final Audit; to be accomplished at the LOCAL ENTITY'S expense, may be done on an individual project basis, or may be included in the LOCAL ENTITY's-annual..Single Audit....If an individual project audit is done, the auditor must.prepare a Final Audit Report. If the LOCAL ENTITY chooses the,Single Audit option, a Management Letter will be required for the State Share funding. In either case, the audit will include compliance tests required by the Single Audit Act and its implementing directive, oMB Circular A -128. The compliance testing should ensure controls are in place to assure that: (a) Reimbursement claims submitted to the State for the project are supported by payment vouchers and canceled checks. (b) Charges for the various categories of eligible costs incurred by the LOCAL ENTITY are -fully supported. (c) Ineligible -costs were not claimed as reimbursable on the project. (d) Construction Engineering and contingencies do-not exceed 10% of contract items. (e) Local match funds were from an approved source. 10. The Final Project. Expenditure_ Report must be completed within 120 days of project completion and should.be in the format described in Volume I, Section 19,. Exhibit 19 -1a of the Local Programs Manual. The Final Audit must be completed by December 30th following the fiscal year of project completion. Project completion is defined as when all work identified in the approved State /Local Partnership Application and Program Supplement Agreement.has been completed and final costs are known. The report documents (Final Project Expenditure_ Report and Final Audit Report) will be sent to. the appropriate State Department of Transportation District Office. Failure to comply with these reporting requirements may result in withholding of future 3 • o allocations by the Com.uission. 11. The State reserves the right to conduct separate technical and financial audits if it is determined necessary. After the financial audit, LOCAL ENTITY shall refund any excess State Share funds reimbursed to LOCAL ENTITY beyond its entitlement. 12. Should the LOCAL ENTITY fail to pay STATE claims within - 30 days of demand, the STATE, acting through State Controller, may withhold an equal amount from future apportionments due the LOCAL ENTITY from the Highway Users Tax Fund. The STATE may, at 'its option, intercept and apply any monies otherwise due the LOCAL ENTITY to pay these claims. 13. When THE PROJECT includes work to be performed by a railroad, the contract for such work shall be entered into by LOCAL ENTITY. LOCAL ENTITY shall enter into an agreement with the railroad providing for maintenance of the protective devices or other facilities installed under the service contract and for Railroad Protective Insurance during construction as necessary. ARTICLE II - Right -of -Way 1. All related rights -of -way as are.necessary for the. construction PROJECT shall be acquired by LOCAL ENTITY at its own expense and no contract for construction of PROJECT, or any portion thereof, shall be advertised until the necessary rights -of -way have been secured. 2. The furnishing of rights -of -way as provided for herein includes but may not be limited to: (a) all real property required for THE PROJECT free and clear of obstructions and encumbrances. (b) the payment of damages to real property not actually taken but injuriously affected by the proposed improvement. (c) the cost of relocating owners and occupants pursuant to Government Code Sections 7260 -7277. (d) the cost of demolition and sale of all improvements on the right of way. (e) the cost of all utility relocation, protection or 4 removal legs: ENTITY. (f) the.cost clean up not Lly obligated to be done by the LOCAL of all hazardous materials and waste reimbursable by prior owners. (g) the costs which arise out of delays to the contractor because utility facilities have not been removed or relocated, or because rights -of -way have not been made available to the contractor for the orderly prosecution of the work. 3. Should LOCAL ENTITY, in acquiring right -of -way for PROJECT, displace an individual, family, business, farm operation, or nonprofit organization, the LOCAL ENTITY shall provide relocation payments and services as required by California Government Code., Sections 7260 -7277. ARTICLE III = Engineering 1. "Preliminary Engineering" costs may not be.financed with State Share funds and shall be financed.by the LOCAL ENTITY - with other sources of funding available to the LOCAL ENTITY. 2. "Construction Engineering ".as used herein includes actual inspection and supervision of construction work, construction staking, laboratory and field testing, preparation and processing of field reports and records, estimates, final reports, and allowable expenses of employees engaged in such activities and may be financed with State Share funds. Established overhead.for employees working directly on an approved PROJECT is eligible for cost sharing. The..LOCAL ENTITY shall contribute its general - administrative and overhead expense and not bill'that cost as part of local contributions. 3. Unless parties shall otherwise agree in writings- LOCAL ENTITY'S employees or engineering consultant shall be responsible for all engineering work. When const=ruction engineering is performed by STATE, charges therefore shall include an assessment on direct labor costs kn accordance with Section 8755.1 of the State Administrative Manual. The portion of such charges not financed at State cost shall be paid from funds of LOCAL ENTITY. ARTICLE Iv.- Miscellaneous Provisions 1. The cost of maintenance performed by LOCAL ENTITY .forces 5 • during any temporary suspension of the time may not be charged to the PROJECT. work or at any other 2. 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 LOCAL ENTITY under. or in connection with any work, authority, or jurisdiction delegated to LOCAL ENTITY under this agreement. It is also understood and agreed that, pursuant to Government Code Section 895.-41 LOCAL ENTITY 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 LOCAL ENTITY under or in connection with any work, authority, or jurisdiction delegated to LOCAL ENTITY under this agreement. 3. Neither LOCAL ENTITY not any officer or employee thereof, shall be 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 also :understood and agreed that pursuant to Government Code Section 895.4, STATE shall -fully indemnify and hold LOCAL ENTITY 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- agreement. 4. Auditors of STATE shall be given access to LOCAL ENTITY'S books and records for the purpose of verifying costs and pro rata share to be paid. All project documents will be will for inspection by authorized state personnel at any time during project.development and for a three -year period from date of final payment under the contract or one year after the audit is completed or waived by the STATE, whichever is longer. If a State audit is conducted, the source of local match funds will be checked to determine if the source complies with the program requirements. ARTICLE V.,- Accommodation of Utilities 1. Utility facilities may be accommodated on the right =of -way provided such use and occupancy of the right -.of -way does not interfere with the free and safe flow of traffic or otherwise impair the roadway or its scenic appearance; and provided a Use and Occupancy Agreement, setting forth the terms under which the utility facility is to cross or otherwise occupy the right -of -way is executed by the LOCAL ENTITY and OWNER. The Use and Occupancy Agreement setting forth the terms under which the utility facility is to cross or otherwise occupy • the right -of -way must include,-the provisions set forth in Volume I, Section 12-of the LOCAL PROGRAMS MANUAL published by the STATE, unless otherwise approved by the STATE. 2. If any protection, relocation or removal of utilities is required within STATE's right -of -way, such work shall be performed in accordance with STATE policy and procedure. LOCAL ENTITY shall require any utility company performing relocation work in the STATE'S right -of -way to obtain a State Encroachment Permit prior to the performance_of said relocation work. Any relocated utilities shall be correctly located and identified on the as -built plans. ARTICLE VI - Condition of Acceptance As a condition*of acceptance of the State- Share"Funds provided for this project, LOCAL ENTITY will abide by the State policies, procedures and guidelines pertaining to the State /Local Partnership.Program. IN WITNESS WHEREOF, the parties have executed this agreement by their duly authorized officers. CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA. LOCAL ENTITY Department of Transportation By District Direc of Transportation Mayo Peg Pinard Date /-ZG -9 9 7 Date 1 ATTEST: P 1 ./L 2N," I 1, �r I RESOLUTION NO. 8104 (1993 Series) A RESOLUTION ELECTING TO BE SUBJECT TO SECTION 22821 OF THE PUBLIC EMPLOYEES' MEDICAL AND HOSPITAL CARE ACT WHEREAS, Government Code Section 22850 and /or 22850.3 provides the benefits of the Public Employees' Medical and Hospital Care Act to employees of local agencies contracting with the Public Employees Retirement System; and WHEREAS, the City of San Luis Obispo, hereinafter referred to as Contracting Agency, is a local agency contracting with the Public Employees' Retirement System under the Act; and WHEREAS, Government Code Section 22821 provides certain additional benefits to employees of local agencies contracting under the Act upon proper application; and WHEREAS, the Contracting Agency desires to obtain for its employees the benefit of Section 22821 and to accept the liabilities and obligations of a contracting agency under the Section. NOW, THEREFORE, BE IT RESOLVED that the Contracting Agency elect, and it does hereby elect, to be subject to the provisions of Section 22821 of the Government Code. 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 the foregoing Resolution was passed and adopted this 5th day of January, 1993. R -8104 I � Resolution No. 8104 (1993 Series) ATTEST: .� _�► FA APPROVED: City dministrative Officer 2' Finance Director aujl/ & Personnel Director r MayoaAeg Pinard U'o ����� C �J RESOLUTION NdIOA1993 Series) Resolution endorsing application for an Urban Streams Restoration Grant, determining appropriate environmental impact document, conditionally accepting grant if offered, and designating contract manager and fiscal agent. WHEREAS, the California Department of Water Resources, Division of Local Assistance, Urban Stream Restoration Program has announced the availability of funds for grants; WHEREAS, said grants are intended to help solve flooding and erosion problems in a way that provides environmental enhancement; WHEREAS, the Central Coast Salmon Enhancement, Inc. has proposed to cosponsor a grant application with the City of San Luis Obispo; WHEREAS, we have concluded the project proposed for funding with the grant funds would be environmentally - beneficial and categorically- exempt from requirements for environmental document preparation under CEQA Section 15308, Class 8; and likely. WHEREAS, we consider the prospects of receiving such a grant to be reasonably NOW THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo does hereby approve the joint application with Central Coast Salmon Enhancement, Inc. for an Urban Streams Restoration Program grant. If offered such a grant, the City Council authorizes the City Administrative Officer, John Dunn, to accept the grant and sign any contract for administration of the grant funds, and Paul Cleveland to develop a work plan for the project and to submit invoices to the Department of Water Resources for activities carried out under the work plan for the grant contract. R -8103 Resolution No. 8103 (1993 Series) Upon motion of Council Member Set Neeconded 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 the foregoing resolution was adopted this 5th day of January, 1993. ATTEST: fill APPROVED: City A 'nistrative Officer ctor 14. I Av GRANT APPLICATION 1993 State of California Department of Water Resources Division of Local Assistance Urban Streams Restoration Program Project identification information I. Project applicant and endorser A. Organization submitting application: Central Coast Salmon Enhancement, Inc. Paul Cleveland, Project Manager P.O. Box 277, Avila Beach, CA 93424 805/489 -6456 San Luis Obispo County Organization Official: Paul.Cleveland B. Government agency cosponsoring City of San Luis Obispo John Dunn, City Administrator P.O. Box 8100, San Luis Obispo, CA 93403 805/781 -7114 San Luis Obispo County Agency Official: John Dunn _ ignature Date Proposal Number Signature Date this application: 'q3 Central Coast Salmon Enhancement, Inc. Identification Page 2 C. N/A D. Other project endorsers: This project is endorsed by the following organizations: Land Conservancy of San Luis Obispo Department of Fish & Game Regional Water Quality Control Board County Department of General Services (Parks and Recreation) Urban Creeks Council Coors Pure Water 2000 (tentative commitment) II. Name of creek for project: San Luis Obispo Creek and tributaries in watershed San Luis Obispo, San Luis Obispo County Senate District No. 14 Assembly District No. 29 Congressional District No. 22 III. Area development Project is centered around residential, commercial and industrial area. IV. Project map Please see attached map *S rar•y` — � -�_ .•' ^�T 'f9i _I cf�Y�`L .- ci�`'�i � r o ��• \7�.` +i- � -. - ..i. ����'•� .. ■Y • _M1 y ` ^1 _ _ �•.•.•�. yam° * �.� `- •1 6 - ' --� c + — 4F -�.C4t �.voo • A ,*.'iL• ��, . 4Y •y Q C.Ie / I v I. �_n• .X llzi roo Z t2 , - `• „ DaveoPOrt Cre ek IN D /� •� lao '`++ I f ,.. l.v w ♦rim - �:i.V 1_ r-+ _�. ::... Waferbfled _ ` T '' .{.l .cr ^� ='� O 'rte `2' -•` t - ! [/'}�� rT ."�li`. � i��. - is y `_ I f.Y -y _ - - � 1. •��...:. :....:......_ . r�•� _ i'r J _ JI E 1�t�.•+ t• 4G7. ~ i tel: r' v; ++urz+m.cax.•vs E `::.,'•! LUIS OBISPO CREE ;' f FIGURE it scar •cCRTH n -.e-� ..� • _ C QCCC E. V/A I ERSHED r. LAND u J Total Project Budget $17,170.00 Proposal Number Total Grant Request $1.0.470.00 GRANT APPLICATION 1993 State of California Department of Water Resources Division of Local Assistance Urban Streams Restoration Program Central Coast Salmon Enhancement, Inc. Application Page 2 Project description 1. Summary statement The purpose of this proposal is to request funding assistance to develop a public education component for several existing programs to enhance local streams. These ongoing stream restoration programs have, for the past several years, focussed primarily on the development of regulations to protect stream resources from increasing watershed urbanization. Additional projects have been directed towards improving water quality, clearing fish passage, and removing trash from the stream corridor. Urban Stream Restoration Program funds are requested to print a "stream care" .booklet, develop a mailing list, and distribute the document to all streamside residents in San Luis Obispo County. The booklet will be designed with the assistance of local community and government groups. It will inform the public about the importance of our local stream resources including the existence of, and need for, protective regulations. Basic guidelines for stream care will be presented and a description of related activities, including tree planting, appropriate vegetation and flood prevention, will be given. This proposal will help contribute to a reduction in property damage from flooding and bank failure by informing streamside residents about proper techniques to protect against or repair stream related damage and by advising against any activities that are likely to decrease the capacity of the channel and its ability to carry floodwaters. The proper planning and design of a stream repair project, including the pursuit of expert advise, will also be stressed, in an attempt to prevent the installation of inadequate stream protective measures that may exacerbate existing problems. Through receipt of this booklet, a greater number of streamside residents will become aware of the ordinances and programs that are active in San Luis Obispo County. As a direct result of the booklet, we expect an increase in awareness of the value of the watershed and the individual effort that must be made to preserve its integrity. Central Coast Salmon Enhancement, Inc. Application Page 3 2. Description of watershed management technique As previously described, this proposal involves public education through development and distribution of a stream care booklet to all county streamside residents. We believe that public outreach is a vitally important technique for use in managing and protecting watersheds. While the impacts that each individual streamside resident may have on a waterway may be insignificant, cumulatively these impacts can be great and have the potential to degrade overall habitat conditions, especially in view of the large number of streamside residents in San Luis Obispo County. A stream care booklet, such as those developed by northern counties, can be an important management tool if it can communicate the importance of the resources and the ease with which these natural systems can be disrupted and impaired. 3. Supplement to local flood control This proposal is a supplement to ongoing stream restoration efforts by Central Coast Salmon Enhancement, the City of San Luis Obispo and others to both restore the creek and reduce flood damage. The first Wetlands Ordinance in the county, developed for the City of San Luis Obispo, is expected to be adopted by the City Council in early to mid 1993. The booklet will be used to explain and inform creekside landowners about the new regulations which are designed to preserve the integrity of the creek and reduce flood damage. This information, in conjunction with services provided by the City and County to remove debris from the creek, will alert the individual to how they can assist in reducing property damage from flooding. Central Coast Salmon Enhancement, Inc. Application Page 4 4. Public participation Central Coast Salmon Enhancement, Inc. has discussed this Urban Stream Restoration Program proposal with several organizations that will contribute to the booklet. These organizations include: City of San Luis Obispo, San Luis Obispo County, Land Conservancy of San Luis Obispo, Regional State Water Quality Control Board, Department of Fish and Game and Urban Creeks Council. Other groups and individuals will be solicited through our bi- monthly newsletter. Representatives from these groups have agreed to help develop an outline of topics for inclusion in the booklet and will provide editorial assistance throughout the process of text preparation. Copies of the completed stream care booklet will be provided to these organizations for use in the course of their own stream. restoration efforts. 5. Educational benefits Because of the nature of this funding proposal, public education will be the major. benefit to be derived from its implementation. The targeted public will learn about the value of streams and their related resources, about certain considerations that should be incorporated into the design of landscaping and structures to remedy stream related problems, about City regulations governing streamside development activities and about the existence of organizations working to restore the creek. Central Coast Salmon Enhancement, Inc. Application Page 5 6. Description of methods and results In order to provide adequate information to the Department of Water Resources to allow that agency to track grant - related work progress, Central Coast Salmon Enhancement, Inc. will provide progress reports with each billing. These reports will describe the work accomplished to date, as well as activities to be undertaken during the following billing period. The draft stream care booklet will be submitted to the Department of Water Resources for review and the completed booklet will be provided as a concrete work product. 7. Long term management All of the organizations involved in the development of this proposed booklet have and continue to be active in creek restoration projects. We have begun working together as a task force that can understand the needs of the watershed. Individually, we complete projects that benefit the system as a whole. Together we comment and oversee all projects that affect the watershed. CCSE provides educational programs to schools, service and sport clubs. Each year CCSE organizes a creek clean -up (sponsored by Coors Pure Water 2000). The City of San Luis Obispo is improving flood control, upgrading sewage treatment, and preparing a wetlands ordinance. The Regional Water Quality Control Board is conducting nutrient objective and total maximum daily load studies. The L .Ind Conservancy of San Luis Obispo is active in flood control and revegetation projects. County Parks and Fish & Game have recently removed a fish passage barrier. All of these projects have been directed towards long term management. and each of these organizations continue to maintain an active involvement. Central Coast Salmon Enhancement, Inc. Application Page 6 8. Alternative plans for project Central Coast Salmon Enhancement, Inc. would be unable to undertake the development of this proposed booklet without funding assistance such as that provided by the Urban Stream Restoration. Program. If this proposal were chosen for partial, rather that full funding, a number of changes could be instituted to tailor the work to the grant award amount. The size of the mailing to creekside residents could be reduced, as could the number of booklets produced. If this were to occur, criteria would need to be developed to establish distribution priorities. The length and format of the stream care booklet could also.be altered to accommodate a reduced grant budget. 9. Local contribution to project Each of the project endorsers has committed themselves to develop an outline of topics for inclusion in the booklet and provide editorial assistance throughout the process of text preparation. CCSE will write the text and develop the conceptual layout. The Land Conservancy will develop the mailing list. CCSE will also contribute labor of administration. The combined local contribution will account for 39% of the total project budget. 0 C Central Coast Salmon Enhancement, Inc. Application Page 7 10. Proposed budget Item CCS E* D W R Total Booklet Development $4,800.00 ..... $4,800.00 Layout/Typesetting $500.00 $52.0.00 $1,020.00 Printing (5,000 copies) ..... $49460.00 $4,460.00 Mailing List Development $800.00 $1,200.00 $2,000.00 Mailing (non - profit bulk) ..... $490.00 $490.00 Grant Administration $600.00 $1,800.00 $2,400.00 Overhead, misc. ..... $2,000.00 $2,000.00 Total $6,700.00 $109470.00 $17,170.00 *CCSE contribution also includes labor, expertise and money from the following: Central Coast Salmon Enhancement, Inc. City of San Luis Obispo Land Conservancy of San Luis Obispo Department of Fish & Game Regional Water Quality Control Board County Department of General Services (Parks and Recreation) Urban Creeks Council Coors Pure Water 2000 (tentative commitment). Schedule We request a contract term from July 1, 1993 to March 31, 1994.