HomeMy WebLinkAbout8175-8199RESOLUTION N0. 8199"'` (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
POLICE STAFF OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1,
1993 - JUNE 30, 1994.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. The Memorandum of Agreement between the City of San Luis
Obispo and the San Luis Obispo Police Staff Officers' 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 the resolution and a copy of
the executed Memorandum of agreement approved by it to: Tony Costa, President
SLOPSOA; Ann Slate, Personnel Director; William Statler, Finance Director.
On motion of Council Member Rappa ,seconded by Council Member Settle ,
and on the following roll call vote:
AYES: Council Members Rappa, Settle, Roalman, and Mayor Pinard
NOES: None
ABSENT: Council Member Romero
the foregoing Resolution was passed and adopted this 3rd day of August, 1993.
ATTEST:
1 191,
APPROVED AS TO FORMS:
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City Attomey
R -8199
1
EXHIBIT "A"
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO POLICE STAFF OFFICER' ASSOCIATION
JULY .1, 1993 - JUNE 30, 1994
This agreement is made and entered into this 22nd day of July, 1993, by and
between the City of San Luis Obispo, hereinafter referred to as the City, and the San
Luis Obispo Police Staff Officers' Association, hereinafter referred to as Association,
as follows:.
1 } The term of the agreement shall be one year, July 1, 1993 - June 30,
1994.
2) There will be no salary increases.
3) The Communications Supervisor shall retain sixty -four (64) hours of
Administrative Leave.
4) Professional Development Fund to be $150.00 per year per employee,
with modifications to Language: The City shall provide an amount not to
exceed $150.00 per year for each member of the unit to partially offset
expenses incurred in the professional development of knowledge,
abilities, and skills desirable in managers and leaders. Eligible program
expenses shall be limited to training courses, classes, seminars,
professional association memberships, and materials (e.g. books,
subscriptions, audio or video tapes) that directly relate to the job. All
management development program expenditures shall be pre- approved
by the Chief of Police.
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5) City's Cafeteria Plan contribution to be increased by $25.00 per month,
effective the first full pay period in July, 1993 and by $25.00 per
month, the first full pay period in January, 1994.
6) Lay -off Procedure, Attachment "1 ", shall be a part of this agreement.
7) All other terms and conditions provided in the Memorandum of
Agreement between the City and the Association, July 1, 1988 - June
30, 1993, shall continue in full force and effect until expiration at mid-
night, June 30, 1994.
This Agreement was executed on July 22, 1993 by the following parties:
CITY OF SAN LUIS OBISPO
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Ann Slate, Personnel Director
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Ke H mpian, sistant CAO
APPROVED AS TO FORM:
J rsy Witirdensen
City Attomey
Attachment "1 " Layoff Procedure
SAN LUIS OBISPO POLICE
STAFF OFFICERS' ASSOCIATION
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Tony tosta, President, SLOPSOA
(21.
Cliff Chelquist, SLOP YUA
ATTACHMENT "1"
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 position within the bargaining unit 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 as provided
below.
B. In accordance with
Personnel Rule
2.36.280, layoffs
of regular
employees shall be
governed by job
performance and
seniority in
service within a particular department and job classification. For the
purpose of implementing this provision, job performance categories
shall be defined as follows:
1. Cate-gory 1
■ Performance that is unsatisfactory, below
standard, needs improvement, unacceptable or
does not meet minimum standards.
® Performance defined by this category is
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evidenced by the employee's two most recent
performance evaluations with an overall rating
that falls within the lowest two categories of the
performance appraisal report.
2. Category 2:
M Performance that is competent, superior, meets
expectations, meets. performance standards,
exceeds performance standards and expectations,
or is outstanding.
a Performance defined by this category is
evidenced by an employee's two most recent
performance evaluations with an overall rating
that falls within the top two to three performance
categories of the performance appraisal.
A regular employee being laid off shall be that employee with the
least seniority in the particular job classification concerned and in the
department involved who is in the lowest job performance category.
Employees in Category 1 with the lowest seniority will be laid off
first, followed by employees in Category 2. Should the two
performance evaluations contain overall ratings that are in the two
different Categories as defined above, the third most recent
evaluation overall rating shall be used to determine which
2
J
performance category the City shall use in determining order of
layoffs.
C. Laid Off Employees on Reemployment List.
The name of employees who have been laid off shall be placed
on the appropriate Reemployment List for three years. The
recall of employees will be in reverse order of layoff.
Reemployment lists shall be used for filling openings in the
classes held by employees prior to being reassigned.
Should positions become available at any time in the future for
a classification that reassigned employees have formerly held,
no written testing shall be required of them for consideration
for promotion.
D. Appointment of Laid -Off Employees to Other Classes.
Employees in this unit who are laid -off shall be guaranteed a
position in a. class they held prior. No employee shall be
reduced more than one classification as long as there are
employees in that class that have not been laid off. Employees
who have been reemployed into a classification previously held
shall be returned to the seniority ranking they held at the time
they were promoted.
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E. Employees on layoff shall be reemployed 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.
F. Employment programs with special requirements will be administered
in accordance with appropriate Federal or State guidelines and
directives.
G. 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 H, below and will meet and
confer as to the impacts of the layoffs.
H. Notice of Layoff to Employees. An employee to be laid off shall be
notified in writing of the impending action at least six u cal n ar
days in advance of the effective date of the layoff. The notice shall
include the following information:
1. Reason of lay off.
2. Effective date of layoff.
3. Employee rights as provided in these rules.
I. 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
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an employee who has been notified of his /her impending layoff
shall be granted reasonable time off without loss of pay to
participate in a prescheduled interview or test for other
employment.
2. With the mutual consent of the employee and department head
an employee who has been notified of his /her impending layoff
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
month's Cafeteria Plan contribution and three (3) months
.additional membership in the City's Employee Assistance
Program following date of layoff.
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
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was laid off shall be assigned to the same salary range and step
he /she held at the time of the layoff. An individual reemployed into
a Job classification other than the classification from which he /she
was laid off shall be assigned to the salary range of the new
classification at the amount closest to the salary he /she earned at the
time of the layoff. An individual reemployed into the classification
from which he /she was laid off while still a probationary employee
shall complete, upon return to the job, the remaining portion of
his /her probationary period, if any, in effect at the time of the layoff.
Similarly, an individual who is reemployed shall complete upon return
to the job the same work time he /she would have had to work at the
time of the layoff to attain a higher vacation leave accrual rate or to
become eligible for a salary step increase, if such changes 'are
possible
Ii
8196
RESOLUTION NO. (1993 Series)
AMENDMENT TO THE HUMAN RELATIONS COMMISSION BY -LAWS
WHEREAS, the State of California recently added sexual orientation to its listing of
protected classes; and
WHEREAS, as a result of the State's action, the Human Relations Commission
wishes to change its bylaws to include sexual orientation in the listing they advise the City
Council on.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
1. That the amended by -laws of the Human Relations Commission are hereby
approved and adopted.
2. That sexual orientation will be added to the listing that the Human Relations
Commission advises the City Council on.
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 Pinard
NOES: None:
ABSENT: None
the foregoing resolution was passed and adopted this 20th day of July , 1993.
ATTEST:
d
CG Clerk, D ne Wdwell
APPROVED:
PIVZAANM,/�n
BY -LAWS
HUMAN RELATIONS COMMISSION
CITY OF SAN LUIS OBISPO
ARTICLE 1 PURPOSE
It is the purpose of the Human Relations Commission to advise the Council in its actions
to create an environment within the city in which all persons can enjoy equal rights and
opportunities regardless of race, religion, sex, sexual orientation, national origin, age,
physical, mental or economic status. The Human Relations Commission shall make
recommendations to the City Council or the City Administrative Officer on how these
social concerns and human needs can best be addressed.
ARTICLE 2. TERMS OF OFFICE
Commissioners shall be appointed by the City Council for terms of four (4) years,
commencing on April 1. Commissioners shall serve at the pleasure of the City Council.
Any Commissioner may be reappointed, provided that no appointee shall serve more than
two (2) consecutive terms (8 years).
ARTICLE 3. MEETINGS
A. The Commission shall hold a regular meeting each month but not less than ten
(10) times a year.
B. Meetings will be held at 5 :30 p.m. the first Wednesday of each month.
C. The Commission meetings shall be open to the public and shall be held at City Hall
or other previously announced locations at specific times as required by California
law.
D. A quorum shall consist of a majority of the Commissioners currently serving.
E. All actions of the Commission shall be decided by a majority vote or consensus
and shall be directed through the Commission Chair.
F. Minutes of each meeting shall be forwarded to the City Council and be available
as a public record.
G. The Chairperson or any three members of the Commission may call a special
meeting providing a week's prior notice is given in writing to each member.
H. All Commission meetings shall be conducted according to Robert's Rules of Order.
I. All members present must vote, except when abstaining due to a declared conflict
of interest.
J. Any member with a declared conflict of interest shall not vote on or participate in
any .discussion of any item or in any manner attempt to influence the decision on
that item.
ARTICLE 4. SUBCOMMITTEES
Subcommittees consisting of less than a quorum of the Commission shall be appointed,
as needed, by the Chairperson. Study committees may include non - commission
members who shall have no voting power.
ARTICLE 5. OFFICERS
A. The officers shall be a Chairperson and a Vice - Chairperson who shall be elected
at the Commission meeting in April for one -year terms.
B. The Chairperson shall preside over all meetings of the Commission, prepare all
meeting agendas and perform such duties as directed by the Commission.
C. The Vice - Chairperson shall serve in the absence or incapacity of the Chairperson.
ARTICLE 6. WORK PLAN
The Commission shall develop a work plan on an annual basis. The work plan shall be
a description of the activities that will be undertaken in order to meet the goals and
objectives of the Commission.
ARTICLE 7. AMENDMENTS
By -law amendments shall be submitted for Council approval by the affirmative vote of the
members present at a regular meeting of the Commission, provided that such
amendments shall have been discussed by the Commission on the agenda of at least two
meetings prior to the vote. The members shall receive the proposed amendments in
writing at least ten (10) days prior to the first reading.
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RESOLUTION NO. 8195 (1993 Series)
CITY -OF SAN LUIS OBISPO RESOLUTION
SUPPORTING THE USE OF MEDICAL MARIJUANA
WHEREAS, For the purposes of this resolution, "Cannabis /Marijuana medical
preparations" shall mean: all products made from Cannabis /Marijuana, in any form
intended or used for human consumption, for the treatment of any disease, the relief
of pain, or as an adjunct to any medical procedure for the treatment of Cancer,
Glaucoma, or HIV /AIDS; or for any other medical healing purpose defined within the
bounds of the patient /doctor relationship; and
WHEREAS, Scientific and medical studies by the National Academy of Sciences
have shown Cannabis /Marijuana to be a safe and effective medicine with very low
toxicity compared to most prescription drugs, and that Cannabis /Marijuana has been
shown to be effective in the treatment of glaucoma, epilepsy, multiple sclerosis,
muscle spasticity and arthritis, the nausea, vomiting and appetite loss associated with
chemotherapies, anxiety and depression, and the symptoms of withdrawal from
alcohol and narcotics; and
WHEREAS, Studies show that one -third of all cancer patients discontinue
potentially life- saving chemotherapy due to severe and debilitating side effects, and
that the same is true for many HIV /AIDS patients receiving AZT or other similar
therapies, and that a 1990 poll of oncologists conducted by the John F. Kennedy
School of Public Policy at Harvard University, found overwhelming acceptance of
R -8195
1]
Resolution No. 8195 (1993 Series)
Page 2
Cannabis /Marijuana's medical utility, and that nearly 70% of the cancer specialists
said they would prescribe Cannabis /Marijuana if it were legal to do so; and '
WHEREAS, Despite a federal court order recognizing the "clearly established
medical value" of Cannabis /Marijuana and mandating that it be reclassified and
available by prescription, the federal government continues to deny access to this
substance; and
NOW, THEREFORE, BE IT RESOLVED, that within thirty (30) days of the
adoption of this resolution, the San Luis Obispo City Council shall transmit the text
of this resolution to the County of San Luis Obispo and to the President of the United
States, the Governor of the State of California, and.the Federal and State Legislative
Representatives of the City of San Luis Obispo, and urge them to take whatever
actions may be in their power to:
A) Restore Cannabis /Marijuana preparations to the list of available medicines
which can be prescribed by licensed physicians.
B) Provide for by law and institute such mechanisms as may be necessary, to
ensure a safe and affordable supply of Cannabis /Marijuana for medical use; and
BE IT FURTHER RESOLVED that the Mayor communicate the City Council's
support of Senate Joint Resolution #8 to the City's state legislative representatives.
Upon motion of Council Member Romero , seconded by Council Member Settle
and on the following roll call vote:
Resolution No: 8195
Page 3
(1993 Series)
rl
AYES: Council Members Romero, Settle, Rappa, Roa•lman and Mayor Pinard
NOES: None
.ABSENT: None
the foregoing resolution was adopted this 20th day of July 1993.
ATTEST:
,. city
APPROVED:
7 Fill, / ,
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MayorfPeg Pinard
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RESOLUTION NO. 8198 (1993 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
INCREASING THE HEALTH BENEFIT AMOUNT FOR APPOINTED
OFFICIALS AND FOR CERTAIN MANAGEMENT PERSONNEL
WHEREAS, the City Council established a comprehensive Appointed Officials
and Management Development and Compensation policy in 1989; and
WHEREAS, the Council is committed to a comprehensive policy that
strengthens the recruitment and retention of well qualified and effective appointed
officials and management personnel; and
WHEREAS, the Council desires to maintain Appointed Officials and
Management benefits consistent with benefits afforded other City employees; and
WHEREAS, by Resolution No. 8015 (1992 Series) the City Council agreed that
any adjustment to compensation in 1993 would be authorized by Council resolution.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows: The Management fringe benefits set forth in Resolution 6604
(1989 Series) be amended to provide for an increase in the health benefit amount.
Effective the first full pay period in April, 1993, the City shall contribute $375 per
month. This amount shall be increased to $400 per month effective the first full pay
period in December, 1993.
On motion of Council Member Rappa , seconded by Council Member Settle ,
and on the following roll call vote:
AYES: Council Members Rappa, Settle, Roalman, and Mayor Pinard
NOES: None
ABSENT: Council Member Romero
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Resolution No. 8198 (1993 Series)
Page Two
the foregoing Resolution was passed and adopted this 3rd day of August, 1993.
Mayo eg Pinard
ATTEST:
D,a a Gladw ll, Cit Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8197 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE BY -LAWS OF THE PLANNING COMMISSION
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. That Sections IV, V, and VII of the By -Laws of the Planning
Commission are amended to read as follows:
IV. QUORUM
A. Four members of the Planning Commission constitute a quorum for
transacting business, but a lesser number may adjourn from time to time
and continue the consideration of pending business.
B. A quorum shall be required whenever the commission transacts
business.
V. VOTING
A. Except as otherwise provided in the San Luis Obispo Municipal Code and
state law, no resolution, motion or any other action shall be passed or
become effective without receiving the affirmative vote of at least a
majority of members present.
B. Failure to receive such an affirmative vote shall result in failure or denial,
as appropriate, of the motion, resolution or other action.
C. Except as allowed under the Political Reform Action of 1974, any
member abstaining due to a declared conflict of interest shall not
participate in the discussion of the items or otherwise influence or
attempt to influence in any manner the decision on the item.
D. All members, when present, must vote except when abstaining due to
a declared conflict of interest.
E. Failure or refusal to vote when present - except for a declared conflict .
of interest -- shall be counted as an affirmative vote.
VII. ATTENDANCE
A. Any member of the Planning Commission who fails, for any reason, to
attend three (3) consecutive regular meetings, or a total of six (6) regular
R -8197
Resolution No. 8197 (1993 Series)
Page 2
meetings within any 12 month period, shall be automatically considered
by the City Council for replacement. The chairperson of the Planning
Commission shall inform the Council of such a situation, explaining any
special circumstances.
B. Any member of the Planning Commission who fails, for any reason, to
attend three (3) consecutive regular, adjourned regular, or specially-
scheduled (excluding Commission site visits) meetings, or a total of six
(6) such commission meetings within any 12 month period, shall be
reviewed by the Chairperson for possible referral to the City Council.
On motion of Council Member Rappa seconded by Council Member Settle ,
and on the following roll call vote:
AYES: Council Members Rappa, Settle, Roalman, and Mayor Pinard
NOES: None
ABSENT: Council Member Romero
the foregoing resolution was passed and adopted the 3rd day of Au ust , 1993.
ATTEST:
APPROVED:
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RESOLUTION NO.819t1993 SERIFS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO AUTHORIZING FUNDING TO TWENTY -SEVEN
AGENCIES IN THE AMOUNT OF $75,800 FOR FISCAL YEAR 1993 -94
THROUGH THE PROMOTIONAL COORDINATING COMMITTEE
WHEREAS, in the past, the City of San Luis Obispo has authorized and distributed
Grants -In -Aid funding to community organizations which provide economic, cultural, and
recreational services to residents and visitors; and
WHEREAS, funding for the Grants -In -Aid program has been included in the 1993 -95
Financial Plan for the City of San Luis Obispo under Community Promotion Programs in the
amount of $75,800.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That certain organizations attached hereto and marked Exhibit "A" shall
be provided funding "as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified in
Exhibit "A" and the City Administrative Officer is authorized to execute such contracts.
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
R -8194
Resolution No. 8194 ('13 series)
Page Two �
the foregoing resolution was passed and adopted this 20t1day of July , 1993
Dim mrawei
ATTEST:
Di Gladwell, City Cl k
APPROVED AS TO FORM AND CONTENT:
EXHIBIT "A"
Grant Amount
1.
SLO Art Association
4,600
2.
Artemis, A Theatre Co.
3,000
3.
ARTernatives
3,075
4.
San Luis County Arts Council
1,700
5.
San Luis Obispo Babe Ruth Baseball
2,000
6.
San Luis Obispo County Band
3,000
7.
Business Improvement Association
2,000
8.
Cal Poly Foundation for Cal Poly Arts
3,100
9.
Children's Creative Project .
6,300
10.
Coastal Access Musicians' Alliance
1,000
11.
Civic Ballet of San Luis Obispo
1,000
12.
San Luis Obispo Community Concerts Assn.
21125
13.
Cuesta College Art Gallery
2,100
14.
Cuesta College Public Events
2,500
15.
Foundation for the Performing Arts
2,000
16.
Handel Oratorio Choir
900
17.
La Fiesta de San Luis Obispo .
5,000
18.
San Luis Obispo Little Theatre
5,500
19.
San Luis Obispo Literacy Council
1,000
20.
Music and the Arts for Youth
3,565
21.
Mission Plaza Cultural Coalition
3,000
22.
San Luis Obispo Mozart Festival
5,000
23.
Mystic Krewe of Karnival
3,000
24.
Pacific Repertory Opera
2,000
25.
San Luis Obispo County Symphony
3,000
26.
San Luis Vocal Arts Ensemble
2,300
27.
San Luis Obispo County Youth Symphony
2,035
TOTAL $75,800
0
RESOLUTION NO. 8193(1993 SERIFS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING FUNDING TO THIRTY -ONE AGENCIES IN THE AMOUNT
OF $84,700 FOR FISCAL YEAR 1993 -94 THROUGH THE
HUMAN RELATIONS COMMISSION
WHEREAS, the City of San Luis. Obispo supports non - profit agencies which provide
human and social services to the residents of the City of San Luis Obispo through its annual
Grants -In -Aid process; and
WHEREAS, funding for the Human Relations Commission Grants -In -Aid program has
been included in the 1993 -95 Financial Plan for the City of San Luis Obispo:
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. That certain agencies attached hereto and marked Exhibit "A" shall be
provided funding as is designated in the same attachment.
SECTION 2. The staff is directed to prepare a contract for each agency identified in
Exhibit "A" and the CAO is authorized to execute such contracts.
Upon motion of council Member Romero , seconded by council Mbr. sett$md on
the following roll call vote:
AYES: Council Members Romero, Settle, Rappa, Roalman, and Mayor Pinard
NOES: None
ABSENT: None
-8193
Resolution No. 8193 C-,33 Series) O
Page Two -
the foregoing resolution was passed and adopted this 20th day of July , 1993
MAYOWPEG PINARD
ATTEST:
APPROVED AS TO FORM AND CONTENT:
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Exhibit "A"
AGENCY
Ad Care Association
Aids Support Network
ALPHA
American Red Cross
Caring Callers
Camp Fire Council
Casa Solana
Child Development Center
Easter Seals
EOC Family Planning
EOC Senior Health Screening
EOC Child Care Connection
Family Services Center
Food Bank Coalition
4 -H Youth Program
Grass Roots II
Hospice
Hotline
HP Community Recovery Center
Life Steps
Literacy Council
Long Term Care Ombudsman
Middle House
National Council on Alcoholism
Rape Crisis
RSVP
Salvation Army
Senior Peer Counseling
Voices for Children
Women's Shelter
Poly Pals
$ 2,000
1,.000
1,000
4, -200
450
1,000
5,000
7,500
1,500
3,000
2,700
1,000
4,000
1,000
1,000
3,000
4,200
3,100
1,500
1,000
1,500
1,200
3,100
1,000
5,500
600
12,000
1,650
500
8,000
500
TOTAL $84,700
v1
RESOLUTION NO. 8192 (1993 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS
(FANNIE MAE PASS- THROUGH CERTIFICATE PROGRAM/PARKWOOD VILLAGE
APARTMENTS LOCATED AT 1017 -1045 SOUTHWOOD DRIVE) 1993 SERIES A AND
1993 SERIES B BY THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO
WHEREAS, the Housing Authority of the City of San Luis Obispo (the "Authority ") has
heretofore issued its $7,720,000 initial aggregate principal amount Multifamily Housing Revenue
Bonds Series 1985 (Fannie Mae Program /Parkwood Village Apartments Project) (the "Prior
Bonds ") pursuant to Chapter 1 of Part 2 of Division 24 of the California Health and Safety
Code, as supplemented and amended to finance the acquisition and construction of a 168 -unit
multifamily apartment rental project (the "Project ") located at 1017 - 1045 Southwood Drive in
the City of San Luis Obispo; and
WHEREAS, the Authority proposes to issue its Multifamily Housing Revenue Bonds
(Fannie Mae Pass - Through Certificate Program /Parkwood Village Apartments Project) 1993
Series A and 1993 Series B in an amount not to exceed $7,900,000 pursuant to Chapter 1
(beginning with Section 34200) of Part 2 of Division 24 of the California Health and Safety
Code, as supplemented and amended (the 'Bonds ") to refund the Prior Bonds; and
WHEREAS, notice of a public hearing with respect to the proposed issuance of the bonds
was published on July 6, 1993 in the Telegram - Tribune, a newspaper of general circulation
in the City of San Luis Obispo; and
WHEREAS, said public hearing was held before the City Council of the City of San Luis
Obispo on July 20, 1993, and an opportunity was provided for interested persons to present
R -8192
Council Resolution No. 8192 (1993 Series)
Page 2
arguments for and against the issuance of the Bonds; and
WHEREAS, the proposed bond issuance will promote the City's affordable housing
objectives since the property owner has agreed, as a condition of bond issuance, to continue to
lease a minimum of 20 percent of the Parkwood Village's 168 units under the Section 8 assisted
rental housing program, or its successor, through the San Luis Obispo Housing Authority.
Further, the property owner has agreed to extend said program until at least July 1, 2018, or as
otherwise consistant with the Regulatory Agreement; and
WHEREAS, this City Council is the elected legislative body of the City of San Luis
Obispo, and is the applicable elected representative required to approve the issuance of the
Bonds within the meaning of Section 147 (f) of the Internal Revenue Code of 1986, as amended
(the "Code ");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO AS FOLLOWS:
Section 1. Recitals. Each of the foregoing recitals is correct.
Section 2. Approval of the Bonds. The City Council hereby approves the issuance of
the Bonds by the Authority to prepay the Prior Bonds and to refinance the Project. It is the
purpose and intent of this City Council that this Resolution shall constitute the approval of the
Bonds by the appropriate applicable elected representative in accordance with Section 147 (f) of
the Code.
Section 3. Effective Date. This Resolution shall take effect immediately upon adoption.
Upon motion of settle seconded by Rappa , and on the
following roll call vote:
' I I
Resolution No.al92 (1993 SeA6S)
Page 3
AM: Council Members Settle, Rappa, Roalman, Romero and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was adopted this 20th day of July, 1993.
•
Ma r Peg Pinard
ATTEST:
i e.Gladwel , City ell
rk
I, Diane Gladwell, City Clerk of the City of San Luis Obispo, do hereby certify
that the foregoing Resolution was regularly introduced and adopted by the City Council of the
City of San Luis Obispo at a regular meeting thereof held on the 20th day of July, 1993, by the
aforementioned vote of the City Council.
IN WITNESS WHEREOF, I have hereunto set my hand this ?2� day of
July, 1993.
Pty erk �ofe of San
is Obispo
APPROVED:
�i ffil/L...`��. /i._
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I
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RESOLUTION NO. 81(1993 Series)
RESOLUTION PROVIDING WATER AND SEWER
HOOK UP FEE WAIVERS IN THE AMOUNT OF $53,000
TO THE SAN LUIS OBISPO HOUSING AUTHORITY
FOR THEIR PROJECT LOCATED AT 1090 ORCUTT ROAD
WHEREAS, the Housing Authority (via the San Luis Obispo Non -Profit Housing
Corporation) is developing a low income housing project at 1090 Orcutt Road in the City
of San Luis Obispo for seniors and the disabled;
WHEREAS, the Housing Authority is in the final stages of securing a building permit
for the project and, as such, has been advised by the City that the water and sewer hook
up fees will total approximately $94,000;
WHEREAS, the Housing Authority has only budgeted $41,000 for these types of
fees;
WHEREAS, the Housing Authority has requested the City to waive the fees above
the $41,000 (which equates to $53,000) as the project will be significantly compromised
if the additional fees are not waived;
WHEREAS, the City's draft Housing Element (which the City Council has
conceptually approved) contains a provision to exempt certain low income housing
projects from payment of development review, construction permit, sewer and water hook
up fees;
WHEREAS, waiving the $53,000 in fees would meet with the general intent of this
policy.
WHEREAS, waiving the $53,000 in fees will serve an important municipal purpose
in furthering the provision of low- income housing.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo that water and sewer hook up fees for the Housing Authority's low income project
located at 1090 Orcutt Road will be waived in the amount of $53,000 and, as such, the
Housing Authority will only pay the City $41,000 for water and sewer hook up fees.
R -8191
Resolution No. 8191 (1993 Series)
Page Two
7D
On motion of Romero seconded by Settle and
on the following roll call vote:
AYES: Council Members Romero, Settle, Rappa, Roalman and Mayor Pinard
NOES: None
ABSENT: None <.
the foregoing resolution was passed and adopted this 20th day of July f 1993.
ATTEST:
tallmj< MUA �
Ci y Jerk, Dia a Glad4vell
APPROVED AS TO FORM:
�3/Z541F
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RESOLUTION NO. 8190 (1993 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO, CALIFORNIA,
APPROVING A COOPERATION AGREEMENT BETWEEN THE CITY
AND COUNTY OF SAN LUIS OBISPO ESTABLISHING JOINT PARTICIPATION
IN A COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM.
WHEREAS, the County of San Luis Obispo ( "County "), a political subdivision of the State
of California, and the City of San Luis Obispo ( "City "), a municipal corporation, desire to
participate in the Community Development Block Grant (CDBG) program administered by the
U.S. Department of Housing and Urban Development (HUD); and
WHEREAS, said program will promote the public health, safety and welfare by providing
grant funds to be used by the City and County ( "parties ") to improve housing opportunities for
low- and moderate - income households, to encourage economic reinvestment, to improve
community facilities and public services, and to provide other housing - related facilities or
services; and
WHEREAS, to qualify for CDBG funds under HUD eligibility guidelines, the County must
have a population of at least 200,000 persons; and
WHEREAS, the City, as part of the federally designated "San Luis Obispo - Atascadero -
Paso Robles Metropolitan Area ", wishes to defer its entitlement status to the County for the
mutual benefit of both jurisdictions; and
WHEREAS, HUD requires that the parties enter into a cooperation agreement to define their
rights and obligations as a prerequisite of participation in the CDBG program;
THEREFORE, BE IT RESOLVED BY THE SAN LUIS OBISPO CITY COUNCIL AS
FOLLOWS:
R -8190
Resolution No. 6190(1993 Series)
Page 2
SECTION 1. Findings.
1. The proposed Cooperation Agreement is consistent with the general plan and with City
and County policies encouraging cooperation between agencies on issues of regional
significance such as affordable housing.
2. The proposed Cooperation Agreement will promote the public health, safety and welfare
by enabling the City and County to participate in the U.S. Departmentof Housing and
Urban Development's Community Development Block Grant Program (CDBG) under an
"Urban County " entitlement; thus making available funds for a variety of housing,
economic development, and public services programs not otherwise available.
3. The Parties intend to enter into subrecipient agreements which will establish
administrative policies and procedures, performance standards and funding schedules,
project descriptions, and guidelines for funding specific CDBG programs and projects.
4. The proposed Cooperation Agreement is not a "project" for purposes of compliance with
the provisions of the California Environmental Quality Act and the City's Environmental
Guidelines, and is therefore, exempt from environmental review.
SECTION 2. Authorization to enter into Cooperation Agreement.
Pursuant to Federal Regulations 24 CFR 570.501 (b), et. seq., the City Council hereby
authorizes the Mayor to enter into a cooperation agreement, Exhibit "A ", with the County
to enable joint participation in the Community Development Block Grant program U.S.
Department of Housing and Urban Development (HUD).
SECTION 3. City Administrative Officer authorized to act for City:
The City's Administrative Officer is hereby authorized to act on behalf of the City in
connection with the implementation of the agreement, on -going operation of the Community
Development Block Grant Program, and other activities necessary to carry out the intent of
the agreement, consistent with the City's General Plan and policies.
SECTION 4. Public Notice.
A summary copy of this resolution, together with the ayes and noes, shall be published at
least once in full, within 10 days after its adoption, in the Telegram- Tribune, a newspaper
published and circulated in the City. A copy of the full text of this resolution shall be on
file in the office of the City Clerk and shall be available to any interested member of the
public.
Resolution No. 8190 (1993 Series)_
Page 3
On motion of Council. Member Settle , seconded by Council Mbr. Roalman,
and on the following roll call vote:
AYES: Council Members Settle, Roalman, Rappa, Romero, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of July , 1993.
APPROVED:
0
y Clerk
C�
it Att rney
Attachment: Exibit A - Cooperation Agreement
JHn.: canga.ag.
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In The Superior Court of The State of California
In and for the County of San Luis Obispo
AFFIDAVIT OF PUBLICATION
No.
STATE OF CALIFORNIA,
ss.
County of San Luis Obispo
I am a citizen of the United States and a resident of the
County aforesaid; I am over the age of eighteen and not
interested in the above - entitled Y)' ou- r
; I am now, and at all times embraced
in the publication herein mention was, the principal clerk
of the printers and publishers of the SAN LUIS OBISPO
COUNTY TELEGRAM- TRIBUNE, a newspaper of general
circulation, printed and published daily, Sundays ex-
cepted, at the City of San Luis Obispo in the above
named county and state; that _i2_0' _LC.Q
at which the annexed clipping is a true printed copy, was
published in the above -named newspaper and not in any
supplement thereof — on the following dates, to-wit:
,II r I to
that said newspaper was duly and regularly ascertained
and established a newspaper of general circulation by
Decree entered in the Superior Court of San Luis Obispo
County, State of California, on June 9, 1952, Case # 19139
under the provisions of Chapter 1, Division 7, Title of the
Government Code of the State of California.
I certify (or declare) under penalty of perjury that the
foregoing is true and correct.
of Principal Clerk)
Date r I(a 19 q3
�I�111 � of I
m" San tuts ostspol
NOTICE
RESOLUTION .Noi 8190
(1993 Series'
A RESOLUTION OF THE CITY
COUNCIL OF SAN LUIS OBIS -
PC, CALIFORNIA, APPROV-.
ING A COOPERATION;
AGREEMENT BETWEEN THE
CITY AND COUNTY OF SAN'
LUIS'OBISPO ESTABLISHING'
JOINT PARTICIPATION IN A
I COMMUNITY DEVELOP-
MENT BLOCK GRANT PRO -
GRAM
On July 6, 1993, the San .
1 Luis Obispo City Council vot- 1
ad unanimously to adopt a
resolution approving the I
City's participation in an Ur- I,
I ban County Community De-
Lvelopment Block Grant Pro-
gram, and authorizing the
Mayor to sign a Cooperation
Agreement with the County
of San Luis Obispo. The
resolution also authorizes the
City's Administrative Officer
to act on behalf of the City in
'connection with the imple.
mentation of the agreement.
'on. going operation of the -
:Community Development
(Block Grant Program, and i
•other activities necessary to
carry out the intent of the
iCooporation Agreement, con-
sistent with the City's General
,Plan and policies. The pro-
gram will provide grant funds
Ito be used by the City and
County to improve housing
opportunities for low- and
moderate - income house -'
holds, to encourage econom-
ic reinvestment, to improve }
community facilities and pub,
lic services, and to provide
other housing - related facili-
ties or services.
To qualify for yrban County
block grant funding, the Cities',
of San Luis Obispo, Atascad -'
ero, and Paso Robles must
individually enter into a coop-
eration agreement with the
County, and submit the
l agreements to the U.S. De -'I
t partment of Housing and Ur-
i ban Development along with ,
grant applications. The agree-
ments follow a. standard for -
mat prepared by City staff..
They spell out the terms of,
the Counry/City funding rela -!
tionship and also contain'
standard language dealing,
with various Federal require-,
ments, eg. affirmative action
and prohibition against the
use of excessive force.
The Board of Supervisors
of the County of San Luis
t Obispo must consider antll
approve the Cooperation
Agreement before the agree-
ment can be finally executed
and become effective. Board
action is tentatively sched-
uled for its regular meetingi
1 date of Tuesday, July 20,
I 1993, starting at 9:00 A.M. in
the County Government Can-
er in San Luis Obispo.
Copies of the complete
resolution and Cooperation
I Agreement are available in
the City Clerk's office in Room
#1 of City Hell, 990 Palm
Street. For more information,
contact the Community De -.
velopment Department at
l 781 -7176. -
Diane Gladwell, City Clerk
July 16,1993.,T.. &777706
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OFFICE OF THE MAYOR • 990 PALM STREET
Post Office Box 8100 • San Luis Obispo, CA 93403 -8100 • 8051549.7111
July 9, 1993
Mr. Harry Ovitt, Chairman
San Luis Obispo County Board of Directors
County Government Center, Room 370
San Luis Obispo, CA 93408
Dear Chairman Ovitt:
I am pleased to inform you that at its July 6, 1993 hearing, the San Luis Obispo City Council approved
the City's participation in the Urban "County Community Development Block Grant Program and
authorized me to execute the Cooperation Agreement. Attached please find the executed agreement
which, we understand, is to be considered by the Board of Supervisors in time for submittal to the U.S.
Department of Housing and Urban Development (HUD) by the July 16, 1993 deadline. This represents
a significant step by both the City and County in supporting .programs which meet the needs of low and
moderate income persons. Since we are both entering into somewhat, "unchartered territory", the City
Council felt that a couple of points in the Cooperation Agreement merited special emphasis for the
record.
First, Council Members wished to emphasize that the last sentence under Item B, Section II of the
Agreements is applicable to preparation of the CHAS as well as the implementation and on -going
administration of City CDBG programs. This is consistent with understandings between County and City
staff that the City's desired housing and community development objectives, policies, programs and
projects will be accepted by the County and included in the application as submitted.
Second, it is the City's understanding that the provisions regarding Term of Agreement in Section I.C.
allow the City to terminate the agreement and discontinue participation in the Urban County at the end
of the three -year term, provided that incomplete projects started during the term would continue to be
subject to the agreement and receive funding until completed. Meanwhile, the City would not be pre-
cluded from applying for funding as an "entitlement city," even if "older" projects were still being closed
out under the Urban County program. We have confirmed this understanding with HUD.
On behalf of the Council and citizens of San Luis Obispo, I look forward to a close and mutually
supportive working relationship with the County through this important program.
Sincerely,
Peg Pinard
Mayor
PP:KH:mc
Attachments
A- 49 -93 -CC
A COOPERATION AGREEMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO
FOR JOINT PARTICIPATION IN THE COMMUNITY DEVELOPMENT BLOCK
GRANT PROGRAM FOR FISCAL YEARS 1994 THROUGH 1996
THIS AGREEMENT is made and entered into this day of , 1993, by and
between the County of San Luis Obispo, a political subdivision of the State of California,
hereinafter called "County"; and the City of San Luis Obispo, a municipal corporation of the
State of California, located in the County of San Luis Obispo, hereinafter called "City "; jointly
referred to as "Parties."
WITNESSETH:
WHEREAS, In 1974, the U. S. Congress enacted and the President signed a law entitled,
The Housing and Community Development Act of 1974, herein called the "Act ". Said Act is
omnibus legislation relating to Federal involvement in a wide range of housing and community
development activities and contains eight separate titles;
WHEREAS, Title I of the Act is entitled "Community Development" and consolidates
several existing categorical programs for housing and community development into new
programs for such housing and development under block financial grants. The primary
objectives of Title I are the improvement and development of metropolitan cities and urban
counties or communities by providing financial assistance annually for area -wide plans and for
housing, public services and public works programs;
WHEREAS, The City of San Luis Obispo has been designated as an entitlement city by the
U.S. Department of Housing and Urban Development (HUD), and it has been determined that
the City is eligible to receive Community Development Block Grant (CDBG or "program ")
funds under HUD guidelines;
A- 49 -93 -CC
Cooperation Agreement
Page 2
WHEREAS, The County of San Luis Obispo has requested of HUD that the County be
designated as an "urban county ", and County has been informed preliminarily, subject to final
determination, that it will qualify as an urban county and be eligible to receive program funds
provided that the County's entitled cities defer their entitlement to County to enable both the
County and the entitlement cities to jointly participate in the program;
WHEREAS, The City desires to participate jointly with the County in said program, and
is. willing to defer its entitlement to the County under the terms . of this agreement;
WHEREAS, The Housing and Community Development Block Grant Regulations issued
pursuant to the Act provide that qualified urban counties must submit an application to the
Department of Housing and Urban Development for funds and that cities and smaller
communities within the metropolitan area not qualifying as metropolitan cities may join the
County in said application and thereby become a part of a more comprehensive county effort;
WHEREAS, As the urban county applicant, the County must take responsibility and assume
all obligations of an applicant under Federal statutes, including: the analysis of needs, the
setting of objectives, the development of community development and housing assistance plans,
the community development program, and the assurances or certifications;
WHEREAS, By. executing this agreement, the Parties hereby give notice of their intention
to participate in an Urban County Community Development Block Grant program.
NOW THEREFORE, in consideration of the mutual promises, recitals and other provisions
hereof, the parties agree as follows:
Cooperation Agreement
Page 3
SECTION I. General.
A. Responsible Officers. The Administrator of the County of San Luis Obispo
( "Administrator ") is hereby authorized to act as applicant for the Community Development Block
Grant Progm ra and to administer block grant funding and activities under the program. The
City Administrative Officer ( "CAO ") is hereby authorized to act as the responsible officer of the
City under the program.
B. Full Cooperation. Parties agree to fully cooperate or to assist each other in undertaking
eligible grant programs or projects, including but not limited to community renewal and lower
income housing assistance activities, specifically urban renewal and publicly assisted housing;
public services; and economic development.
C. Term of Agreement. The'term of.this Agreement shall be for a period of three (3)
years commencing on the date specified below and extending through Federal fiscal years 1994,
1995, and 1996. The Agreement remains in effect until the CDBG (and HOME, where
applicable) funds and income received with respect to the three -year qualification period are
expended and the funded activities are completed. The Parties may not terminate or withdraw
from the agreement while the agreement remains in effect.
D. Scope of Agreement. This agreement covers both the CDBG Entitlement Program and,
where applicable'(i.e., where the urban county receives funding under the HOME program as
a participating jurisdiction or as a member of a HOME consortium), the HOME Investment
Partnership Program.
�1
Cooperation Agreement
Page 4
i�
SECTION H. Preparation and Submittal of CDBG Funding Applications.
A. Inclusion of City as Applicant. Parties agree that City shall be included in the
application the County shall submit to the Department of Housing and Urban Development for
Title I Housing and Community Development Block funds under the above recited Act.
B. Community Development Plan. City shall prepare a community development plan, for
the period of this agreement, which identifies community development and housing needs,
projects and programs for the City; and specifies both short- and long -term City objectives,
consistent with requirements of the Act. County agrees to: (1) include the City plan in the
program application, and (2) include City's desired housing and community development
objectives, policies, programs, projects and plans as submitted by City in the County's program
application.
C. Preparation of "CHAS." City agrees to assist and cooperate with County in the
preparation of a Comprehensive Housing Affordability Strategy (CHAS), as required by HUD,
by providing the housing, economic and demographic data, community development objectives,
policies, programs, plans and other relevant city information reasonably necessary for the timely
and thorough completion of the CHAS.
D. Application Submittal. County agrees to commit sufficient resources to completing and
submitting the CDBG application, CHAS, and supporting documents to HUD in time for the
Parties to be eligible to receive funding beginning July 1, 1994, and to hold public hearings as
required to meet HUD requirements.
E. County Responsibility. Parties agree that the County shall, as applicant, be responsible
Cooperation Agreement
Page 5
for holding public hearings and preparing and submitting the CDBG funding application and
supporting materials in a timely and thorough manner, as required by the Act and the Federal
regulations established by HUD to secure entitlement grant funding beginning July 1, 1994.
F. Grant Eligibility. In executing this agreement, the Parties understand that they shall not
be eligible to apply for grants under the Small Cities or State CDBG Programs for appropriations
for fiscal years during the period in which the Parties are participating in. the Urban County
CDBG entitlement program; and further, the City shall not be eligible to participate in a HOME
consortium except through the urban county, regardless of whether the urban county requires
a HOME formula allocation.
SECTION III. CDBG Program Administration.
A. Program Authorization. County Administrator is hereby authorized to carry out
activities which will be funded from the annual Community Development Block Grant from.
Federal fiscal year 1994, 1995, and 1996 appropriations and from any program income
generated from the expenditure of such funds.
B. Responsibilities of Parties. Parties agree that the County shall be the governmental
entity required to execute any grant agreement received pursuant to the CDBG application, and
that County shall thereby become legally liable and responsible thereunder for the proper
performance of the plan and CDBG Urban County program. City agrees to act in good faith
and with due diligence in performance of City obligations and responsibilities under this
agreement and under all subrecipient agreements. City further agrees that it shall fully cooperate
with the County in all things required and appropriate to comply with the provisions of any
;l'�
Cooperation Agreement
Page 6
Grant Agreement received by the County pursuant to the Act and its Regulations.
C. City Assistance. City agrees to undertake, conduct, perform or assist the County in
performing the essential community development and housing assistance activities identified in
the City's community development plan. Pursuant to the Act and pursuant to 24 CFR 570.501
(b), the unit of local government is subject to the same requirements applicable to subrecipients,
including the requirement of a written agreement with the County as set forth in 24 CFR
570.503
SECTION IV. Use of Program Funds.
A. Allocation of funds. All funds received by County pursuant to this agreement shall be
identified and allocated, as described below, to the specific projects or activities set out in the
application, and such allocated amounts shall be expended exclusively for such projects or
activities; provided, however, that a different distribution may be made when required by HUD
to comply with Title I of the Housing and Community Development Act of 1974, as amended.
1) Metropolitan Cities' Allocation. Parties agree that County shall "pass through" the
allocated funds to City as subrecipient within 30 days of written request.by City to fund
specific projects or programs, up to a total amount equal to that to which City would
have been entitled had it applied separately as a "metropolitan city' •, using HUD
allocation formulas, and that no "administrative" fee or other fees will be deducted by
County to meet its obligations under the terms of this agreement. Further, with respect
to such "pass through" funds, County agrees to fully cooperate and assist City in
implementing City projects and activities.
Cooperation Agreement
Page 7
n
2) Non- Metropolitan Cities' Allocation. County agrees to allocate a portion of
program funds to the non - Metropolitan, incorporated cities participating in the program.
Amount of allocation per city shall not be less than 12.50 percent of the Net County
Funding. "Net County Funding" shall mean the total program funds allocated annually
by HUD, less the Metropolitan Cities' (Atascadero, El Paso De Robles, San Luis
Obispo) allocation as described above, and less the County's general administrative costs
as allowed by HUD regulations. At the non - Metropolitan cities' option, their program
allocation may be met "in- kind" by County implementation of eligible programs or
projects of equivalent cost within each non - Metropolitan city's corporate limits.
3) Special Urban Projects Fund. It is further agreed that County shall set aside a
portion of Net County Funding as a Special Urban Projects Fund, available to all
participating jurisdictions in San Luis Obispo County on a competitive basis. Amount
of the Fund shall equal fifteen (15) percent of Net County Funding. The Special Fund
shall be awarded annually by the County Board of Supervisors, following criteria
developed jointly by County and the cities participating in the program
B. Administrative and Public Services Costs. County hereby acknowledges that City, as
subrecipient, incurs certain administrative costs in preparing housing and economic development
plans, program planning, management and accounting, professional support services, and other
reasonable and necessary expenses to carry out City's plan; and further, County agrees that after
"pass through" of program funds to City, County shall not use its remaining balance of funds
in any way that would limit City's ability to use its CDBG funds to the maximum extent allowed
Cooperation Agreement
Page 8
by HUD for administrative, public service, or program purposes.
C. Income Generated. City shall notify the County of any income generated by the
expenditure of CDBG funds received by the City. Such program income may be retained by
City subject to the provisions of this Agreement, the Act and its Regulations. Any program
income retained must only be used for eligible activities in accordance with all CDBG
requirements as then apply.
D. Use of Program Income. County shall monitor the use of any program income,
requiring appropriate record - keeping and reporting by the City as may be needed for this
purpose, and shall report the use of such program income to HUD. In the event of close -out
or change of status of the City, all program income on hand or received by the City subsequent
to the close -out or change of status shall be paid to the County.
E. Change in Use of Property. City shall notify the County of any modification or change
in the use of real property acquired or improved in whole or in part using CDBG funds that is
within the control of the City, from that use planned at the time of acquisition or improvement
including disposition. Such notification shall be made within thirty (30) days of.such change of
use.
F. Reimbursement Upon Sale or Transfer. City shall reimburse the County in an amount
equal to the current fair market value, less any portion thereof attributable to expenditures of
non -CDBG funds, of property acquired or improved with CDBG funds that is sold or transferred
for a use which does not qualify under the Regulations. City shall inform the County of such
program income within thirty (30) days if the income results from the sale or change of use of
Cooperation Agreement
Page 9
property acquired or improved with CDBG funds.
G. Fair Housing Implementation.. Parties agree that no urban county funding shall be
allocated or expended for activities in or in support of any cooperating unit of general local
government that does not affirmatively further fair housing within its own jurisdiction or that
impedes the County's actions to comply with its fair housing certification.
H. Conflict Resolution. In the event of disagreement or objections by City or County as
to the allocation, disbursement, use, or reimbursement of CDBG funds, the Parties agree to
accept HUD's binding arbitration and written determination as to the appropriate resolution or
disposition of funds.
SECTION V. Amendment or Extension of Agreement.
A. Supplemental Statement. It is anticipated that the program application will be approved
prior to July 1, 1994 and be in effect through June 30, 1997. For each fiscal year during the
term of this Agreement, County and City shall enter into a Supplemental Statement, prepared
jointly by County and City, that will list the project(s) City will undertake with its entitlement
funds during that program year. Said agreement will set forth the project changes, time schedule
for completion of the project(s), and additional funding sources, if any.
B. Extension of Supplemental Agreement. If substantial compliance with the completion
schedule cannot be met by the City due to unforseen or uncontrollable circumstances, the City
may extend the schedule for project completion, as allowed by Federal Regulations.
C. Amendments. Parties agree that a fully executed amendment or amendments to this
Agreement may be entered into at any time if required or necessary to implement the plans
Cooperation Agreement
Page 10
contemplated hereunder, or to comply with any grant agreement or the regulations issued
pursuant to the Act.
SECTION VI. Compliance with Federal Regulations.
A. General. Parties agree to take all actions necessary to comply with the urban county's
certification required by section 104(b) of Title I of the Housing and Community Development
Act of 1974, as amended, including Title VI of the Civil Rights Act of 1964, the Fair Housing
Act, Section 109 of Title I of the Housing and Community Development Act of 1974; the
National Environmental Policy Act of 1969; the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970; and other applicable laws.
B. Citizen Participation. Parties agree to comply with Federal citizen participation
requirements of.570.301 (a)(2), and provide citizens with:
1) An estimate of the amount of CDBG funds proposed to be used for activities that will
benefit persons of low and moderate income; and
2) A plan for minimizing displacement of persons as a result of CDBG - assisted activities
and programs, and to provide assistance to such persons.
C. Citizen Participation Plan. Parties agree to follow a citizen participation plan
which:
1) Provides for and encourages citizen participation, particularly those of low or moderate
income who reside in slum or blighted areas where CDBG funds are proposed to be used;
2) Provides citizens with reasonable and timely access to local meetings, staff reports, and
other information relating to grantee's proposed use of funds, as required by HUD
regulations related to the actual use of funds under the Act;
3) Provides for public hearings to obtain citizen views and to respond to proposals and
questions at all stages of the community development program, including at least: 1)
Cooperation Agreement
Page 11
formulation of needs; 2) review of proposed grant activities; and 3) review of program
performance; for which public hearings shall be held after adequate notice, at times and
locations convenient to potential or actual beneficiaries, and with accommodation for
handicapped persons;
4) Provides for a timely written answer to written complaints and grievances, within 15
working days where practicable;
5) Identifies how the needs of non - English speaking residents will be met in the case of
public hearings where a significant number of non - English speaking residents can be
reasonably expected to participate.
D. Parties hereby certify, to the best of their knowledge and belief, that:
1) Conflict of Interest. No Federal grant monies have been paid or will be paid, by or on
behalf of the Parties, to any officer or employee of any agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any Federal contract, the making of any Federal grant, the making of
any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment or modification of any Federal contract, grant, loan, or
cooperative agreement.
2) Influence. If any funds other than Federally appropriated funds have been paid or will
be paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a. Member of Congress in connection with this Federal contract, grant, loan or cooperative
agreement, the undersigned shall complete and submit standard form LLL, "Disclosure Form
to Report Lobbying," in accordance with its instructions.
3) Certification Disclosure. Parties agree to include this certification in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements), and that all grant subrecipients shall certify
and disclose accordingly. This certification is a material representation of fact upon which
reliance was placed when this transaction was entered into.
E. Certification Regarding Policies Prohibiting Use of Excessive Force and Regarding
Enforcement of State and Local Laws Barring Entrances.
In accordance with Section 519 Public Law 101 -144, (the 1990 HUD appropriations
Act), the Parties certify that they have adopted and are enforcing:
Cooperation Agreement
Page 12
J
1) A policy prohibiting the use of excessive force by law enforcement agencies within
their respective jurisdictions against any individuals engaged in non - violent civil rights
demonstrations; and
2) A policy of enforcing applicable State and local laws against physically barring
entrance to or exit from a facility or location which is the subject of such non - violent
civil rights demonstrations within their jurisdictions.
SECTION VII. Execution of Agreement and Recordkeeping.
A. HUD Certification. The CAO or the City Attorney are hereby authorized to execute
and submit to the County the HUD Certification Form with respect to the community
development activities carried out within the boundaries of the City. It is further understood that
the County will rely upon the certifications executed by the CAO or City Attorney for purposes
of executing a certification form for submission to HUD.
B. Maintenance of Records. City shall maintain records of activities for any projects
undertaken pursuant to the program, and said records shall be open and available for inspection
by auditors assigned by HUD and /or County on reasonable notice during the normal business
hours of the City.
IN WITNESS WHEREOF, the City Council of the City of San Luis Obispo and the Board
of Supervisors of the County of San Luis Obispo have authorized this Cooperation Agreement
and direct its execution by their respective chief executive officers on this day of
1993.
Cooperation Agreement
Page 13
County Counsel Certification
I /I
The Office of the County Counsel hereby certifies that the terms and provisions of this
Agreement are fully authorized under State and local law, and that the Agreement provides full
legal. authority for the County to undertake or assist in undertaking essential community
development and housing assistance activities, specifically urban renewal and publicly assisted
housing.
By:
Jim Lindholm, County Counsel
APPROVED AS TO FORM AND LEGALITY:
By: �1�/� - (�C.h�'�t�/
left Jorgensel , City Attorney
COUNTY OF SAN LUIS OBISPO
M.
Chairman of the Board of Supervisors
ATTEST:
Mitch Cooney, County Clerk
Cooperation Agreement
Page 14
CITY OF SAN LUIS OBISPO:
By:
Peg Pin , Mayor
ATTEST:
By: Kim Condon, Assistant City Clerk
j vt: CDOQI AV
P..Vw.d 6CZM
ldr
A4,
��d
RESOLUTION NO. 8189 (1993 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SAN LUIS OBISPO APPROVING A
TREE REMOVAL REQUEST AT 206 MARLENE. DRIVE
WHEREAS, the San Luis Obispo Tree Committee had denied Laurie Ann Kriet's
request to remove the tree at 206 Marlene Drive in San Luis Obispo; and
WHEREAS, the San Luis Obispo City Council has reviewed Mr. and Mrs. Kriet's
request for the tree removal located at 206 Marlene Drive and found the tree in question
is in marginal health and condition; and
WHEREAS, the San Luis Obispo City Council has found that the tree roots are
damaging both public and private property,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo approves the tree removal request at 206 Marlene Drive.
Upon motion of Council Member Roalman, seconded by Council Member Settle, and
on the following roll call vote:
AYES: Council Members Roalman, Settle, Rappa, Romero and Mayor Pinard
NOES: None
ABSENT. None
the foregoing resolution was adopted this 6th day of July, 1993.
rk
Mayor Pe inard
x
Resolution No. 8189 (1993 Series)
APPROVED:
I�
jc
V\X,D
0
0
0
t �I
RESOLUTION NO. 8188 (1993 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN ALTERNATIVE METHOD OF DISTRIBUTING PROPERTY
TAX LEVIES AND ASSESSMENTS BY THE COUNTY OF SAN LUIS OBISPO
WHEREAS, on or before July 15, 1993, the County of San Luis Obispo will consider
making the election provided in Chapter 3 (commencing with Section 4701) of Part 8 of
Division 1 of the Revenue and Taxation Code which authorizes an alternative method for
distributing property tax levies and assessments on the secured roll for the 1993/94 fiscal
year and years thereafter as well as for delinquencies for prior fiscal years; _and
WHEREAS, the County is prohibited from using such alternative method for any
public agency for which the County treasury is not the legal depositary unless such agency
agrees thereto by resolution of its governing body adopted not later than July 15, 1993; and
WHEREAS, the City of San Luis Obispo desires to have the provisions of said
alternative method made applicable to distributions made to it.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that upon the County's election to implement the alternative method of distribution
authorized by Chapter 3, Part 8 of Division 1 of the Revenue and Taxation Code, it hereby
agrees with said alternative method as applicable to the City of San Luis Obispo.
BE IT FURTHER RESOLVED, that the City Clerk is hereby directed to transmit
a copy of this resolution to the Auditor - Controller of the County of San Luis Obispo
forthwith.
R -8188
(71, O
On motion of`Council Mbr. Roalmaw- seconded by Council Mbr. Rappa
and on the following roll call vote:
AYES: Council Members Roalman, Rappa, Romero, Settle, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this
Mayor P Pinard
Diane R. Gladwell
oncon, Assistant City Clerk
A DDD r% k MT1-
6th day of July 1993.
� ,Oct�
N
RESOLUTION NO. 8187 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE -YEAR EXTENSION OF TIME FOR FILING
THE TENTATIVE MAP FOR TRACT 1848
LOCATED AT 2925 AND 2995 McMILLIAN AVENUE
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. That this council, after consideration
of the tentative map of Tract 1848 and Resolution 6750 (1990
Series) and the recommendation of staff, makes the following
finding:
1. There have been no changes in the circumstances affecting the
subdivision of the property which would warrant the
termination or modification of the approval of the tentative
map.
SECTION 2. Action. The time allowed for the filing of the
final map for Tract 1848 is hereby extended for one year subject to
the original findings and conditions contained in Council
Resolution No. 6750 (1990 Series) . The tentative map approval will
expire on January 16, 1994, unless a further extension is approved
by the Council.
On motion of Council Member Roalman , seconded by
Council Member Rappa and on the following roll call
vote:
AYES: Council Members Roalman, Rappa, Romero, Settle, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 6th day of
July , 1993.
R -8187
2
Resolution No. 8187
Tract 1848
Page 2
ATTEST:
(1993 Series)
Mayor Peg Pfnard
crityf Cle37k Diane R. Gladwell
By: Kim TQaglpn, Assistant City Clerk
APPROVED:
Cliff ttor
O.
Ckl
G-�
n
RESOLUTION NO. 8186 (1993 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO CONSENTING TO THE TERMINATION
OF 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
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
as follows:
SECTION 1. The City Council hereby consents to the
termination of the 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.
SECTION 2. The Mayor is authorized and directed to sign the
attached "Termination of Assignment of Lease Agreement" on behalf
of the City. CC C
Upon motion Of MoeHecr1Roalman , seconded by MoeHecrlRappa ,
and on the following roll call vote:
Ayes: Council Members Roalman, Rappa, Romero, Settle, and Mayor Pinard
Noes: None
Absent: None
the foregoing Resolution was adopted this 6th day of July
1993.
Lerk
Mayor g Pinard
R -8186
v
A,
Utv i
N
RECORDING REQUESTED BY
FIRST AMERICAN TITLE INSURANCE LO.
n
Doc No: 1993-045649 Rec No: 53884
WHEN RECORDED MAIL TO Official Records ;RF 17.00
San Luis Obispo Co.
COMI% ERCE BANK OF SAN LUIS OBISPO, N.A. FRANCIS M. COON EY
545 Higuera Street Recorder ;
San Luis Obispo, CA 93401 Aug 2, 1993
Re: SLO YMCA, Loan #42843 Time 09:38
;
@@ 51 ;TOTAL 17.00
(SPACE ABOVE THIS LINE FOR RECORDERS USE)
TERMINATION OF ASSIGNMENT OF LEASE AGREEMENT
o ° This Termination of Assignment of Lease Agreement is entered into as of May 18, 1993
between Commerce Bank of San Luis Obispo; N.A. (the "Bank ") and San Luis Obispo Y.M.C.A.
(the "Borrower "), with reference to the following facts:
L
rv�
>s The parties desire to terminate the existing Assignment of Lease Agreement dated January
� j�
8, 1993, executed by San Luis Obispo Y.M.C.A. with the intent to provide a collateral security
C T p
r interest in the "Lease" dated October 4, 1977 and executed by San Luis Obispo Y.M.C.A
( "Tenant ") and City of San Luis Obispo ( "Landlord ") covering property located at 1020
a Southwood, San Luis Obispo, CA 93401, legal description attached hereto and made a part
d C
— hereof. The parties further agree to execute such other documents as may be legally necessary or
O w
r o o desirable:to create a binding security interest in the Lease and the personal property of the
s Borrowers located on the premises described in the Lease in favor of the Bank.
CL p
L o a
Assignment of Lease was recorded February 10, 1993, as Document No. 1993- 007101;
Vol 4036, Page 172 of the official records of San Luis Obispo County, State of California.
E The parties agree as follows:
ego
1. Termination of Lease Assip- nment. The Lease Assignment is hereby term_ inated,
which termination shall be effective as of the date of this Termination Agreement. The Bank shall
have no further liability under the 'Lease Assignment for any period after the effective date of this
Termination Agreement. The Borrowers shall defend, indemnify and save harmless the Bank and
the agents and employees of the Bank from and against any and all loss, damage, injury or lien,
including claims and reasonable attorney's fees relating to any of the foregoing, under or relating
to the Lease Assignment.
2. Execution of Additional Documentation. The -Bank and the Borrowers shall
execute such additional documents as may be reasonably necessary for the Bank to obtain a
security interest in the Lease to secure the Borrowers' existing obligation to the Bank. The
Borrowers. further agree to cooperate in all reasonable respects with the Bank to obtain the
consent of the Landlords and any other third party as may be necessary. or desirable for the Bank
to obtain a valid security interest in the Lease and the personal property of the Borrowers located
on the premises described in the Lease.
u
3. No Alteration of Existing Obligation. Nothing in this Termination Agreement shall
alter in any respect the rights and obligation of the parties in connection with the Borrowers'
existing obligations to the Bank.
4. Resolution of Disputes. If any legal action is brought for the enforcement of this
Termination Agreement or because of any alleged dispute, breach, default or misrepresentation in
connection with any of the provisions of this Termination Agreement, the successful or prevailing
parry shall be entitled to recover reasonable attorney's fees and other costs incurred in that action
or proceeding, in addition to any other relief to which it or they may be entitled.
5. Governing Law. This Termination Agreement shall be construed in accordance
with, and governed by, the laws of the State of California as applied to contracts executed,
delivered, and performed solely within that state.
6. Counterparts. This Termination Agreement may be executed in as many
counterparts as may be deemed necessary or convenient, and by the different parties hereto on
separate counterparts,. each of which, when so executed, shall be deemed an original, but all such
counterparts shall constitute but one and the same agreement.
BANK:
Commerce Bank of San Luis Obispo, N.A.
a
BORROWERS:
San Luis Obispo Y.M.C.A.
rN3`FIN-
CONSENT AND RELEASE
BY LANDLORDS .
The undersigned, who are the Landlords as defined in this Termination Agreement,
consent to this Termination Agreement and agree that this termination shall release the Bank from
any and all obligations under the Lease Assignment. Nothing in this Consent and Release shall be
deemed to be a consent to any assignment of the Lease.���
City of San Luis Obispo
Peg Pinard, Iayor
7
3ne' li, `City C:
Kim Condon, Assistan
ty Clerk
LEGAL DESCRIPTION
Parcel 1
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 d9ated
September 51 1946 and recorded in Book 424, at page of
Official Records of San Luis Obispo County, which is South 30'
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 72' West a distance of 826 feet to a point, said point
ty conveyed to Emily
being the Southwesterly corner of the proper
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 59' 19' thence
distance of 7.00 feet to the true point of beginning,
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 61' 51' 30" West
a distance of 6.00 feet; thence South 28' 08' 30" West a distance
of 36.67 feet; thence South 61' 51' 30" East a distance of 36.00
feet; thence North 28' 08' 30" East a distance of 6.00 feet;
thence South 61' 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:
w
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 30'
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 59' 19' West a distance of 180.33 feet;
thence South 30' 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 I.
� *xx�
STATE OF CALIFORNIA
COUNTY OF SAN LUIS OF }
' On this 5"" day of , in the year
before me L• ' 1 n the undersigned Notary Public,
personally appeared bkark 1rYx(!/n
personally known to me (oe pcwed
to be the person(s) who executed the within
instrument in his/her /their authorized capacity, and that by his/her /their signature
on the instrument the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
Signature
DONE Of9gr CODE 27361.7
My Comm. 3pi+es '� •. ,+27, rJ95
;sa5�'°��°4i��Is°t9'•i
(Ibis area for official notarial seal)
I certify under the penalty of perjury that the notary seal on the doc=ent to which •
this statement is attached reads as follows:
OF rxx=: / / 7 />' J/ TOA) DATE:
OF 000Nry: S11 A,' / If /-S LpCATZON: liar, r,ti c nh1 Grip
CCHMISSION EXPIRES: 11('7'c)3k4 'y,/ /495 City, state of CA
commission number:
FIRST AMERICAN TITLE DZURANCE OC&mm
signature of person making verification
}
STATE OF CALIFORNIA I / 1 »•
COUNTY OF JL) %--
h e
On yy�� before me, Hci r r r L ( �-/ e S &,z
personally appeared eIYI r 2Z 1,:n
personally known to me (or proved
to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument and acknowledged to me that he /she /they executed the same In his/her/their authorized capacity(ies),
and that by his /her /their signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument. OFFI'CIALSEAL
';" "; ' • . NARRIETT F. JBIESKY
NOTARY PUBUC• CALF003%
WITNESS my hand and official seal. SANTA CRUZ COUNTY
! try eo9u9. ExPtrts sew. 7, 1993
Signatufe -��e
(This area for official notarial seal)
.State of Cal i forni a
County of San Luis Obispo
On
7 -14 -93
DATE
before me; Marilyn Cox, Notary Public
NAME, TITLE OF OFFICER • E.G., 'JANE DOE, NOTARY PUBLIC'
Dersonally appeared Peg Pinard, Kim Condon, Jeffrey G. Jorgensen
NAME(S) OF SIGNER(S) ,
® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence
to be the person(s) whose name(s) Ware
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her /their authorized
capacity(ies), and that by his/her /their
signature(s) natures on the instrument the person(s),
f�l<ml.rtl cox 9 O
°
N', A11Y P1191.1, or the entity upon behalf of which the person(s)
snit LUI:, anr:i'u c711MY
_t� CAtJT>1:tF:t:l acted, executed the Instrument.
µy Commhslon Eypir" an Umunb9r 111, 105 Witness my hand and official seal.
I... . .
M
"f'AtU3T BE ATTACHED•';ff
TO THE DOCUMENT
DESCRIBED AT RIGHT:
�. �ieT°°*"*?ntr twap.a ;nr� �+r u�{ h� r o• .r;;:
1y• s r -1 4 7 ly'. II 1 ., i r ...
SYIa �� y:7r �n��y Y+` ��I••x +�'J I� � { r,r Ir,
r.ts
• ..
CAPACITY CLAIMED BY SIGNER
❑ INDIVIDUAL(S)
CORPORATE
Asst. C1
OFFI ER(s Mayor,
�lerlk , Citymmtorffiey
❑ PARTNER(S)
❑ ATTORNEY -IN -FACT
❑ TRUSTEE(S)
❑ SUBSCRIBING WITNESS
❑ GUARDIAN /CONSERVATOR
❑ OTHER:
SIGNER IS REPRESENTING:
NAME OF PERSON(S) On EN11tY(IES)
City of San Luis Obispo
non e'
.••• rr. r....� i•..+. .. rr-w .•.•
noOa Pn,k. CA 9170
O 199 1 NATIONAL NOTARY ASSOCIATION • a7Ja Remmet Ave. • P.O. Boa 7194 • Co47 1 94
C
RESOLUTION NO. 8185(1993 SERIFS)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO TRANSFERRING THE APPLICANTS STATUS FOR
A PROPOSITION 116 GRANT FROM THE COUNCIL
OF GOVERNMENTS TO THE CITY
WHEREAS, the City of San Luis Obispo has previously filed applications for Proposition
116 funding for the development of a Multi-Modal Transit Transfer Center and for a Railroad
Bicycle /Pedestrian bridge; and
WHEREAS, those applications have been previously approved for funding by SLOCOG
at reduced funding levels; and
WHEREAS, SLOCOG's program of projects for Proposition 116 funding is going
forward to the State of California; and
WHEREAS, the SLOCOG is the designated regional transportation planning agency
(RTPA) and eligible applicant identified in Proposition 116, and
WHEREAS, the San Luis Obispo Council of Governments ( SLOCOG) has requested that
the City become the applicant for Proposition 116 funding; and
NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo
as follows:
(1) That the City of San Luis Obispo accepts the transfer of status and all management
responsibility for the project.
(2) That the City of San Luis Obispo can encumber the funds within 24 months following
funding allocations.
(3) That the City of San Luis Obispo will construct and operate the projects in a manner
that is fully accessible to older persons and persons with disabilities, including wheelchair users,
in accordance with the provisions of the Federal Americans with Disabilities Act, and further
certify that the projects will be reasonably accessible to bicycle users.
On motion of Council Mbr. Roalman , seconded by Council Mbr. Rapp a and on the
following roll call vote:
AYES: Council Members Roalman, Rappa, Romero, Settle and Mayor Pinard
NOES: None
ABSENT: None
the foregoing Resolution was adopted this 6th day of July , 1993.
R -8185
ATTEST:
By--f Kim Condon, Assistant City Clerk
APPROVED:
fm �,
v Me r W-, Z =----A
• :!_
J l'OL
RESOLUTION NO. 8184 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE 1993 -95 FINANCIAL PLAN
AND APPROPRIATING FUNDS FOR THE 1993 -94 FISCAL YEAR
WHEREAS, the City Administrative Officer has recommended a comprehensive
Financial Plan for 1993 -95 in accordance with budget policies and objectives established by
the Council; and
WHEREAS, the 1993 -95 Financial Plan is based upon public comment and direction
of the Council after scheduled budget study sessions and hearings held between November
10, 1992 and June 15, 1993.
that:
NOW, THEREFORE, be it resolved by the Council of the City of San Luis Obispo
Section 1. The 1993 -95 Financial Plan is hereby approved.
Section 2. The Operating, Debt Service, and Capital Outlay Budget for the Fiscal
Year beginning July 1, 1993 and ending June 30, 1994 is hereby appropriated in the amount
of $46,886,700 as follows:
Operating Programs $29,546,500
Capital Outlay 11,923,700
Debt Service 5,396,500
TOTAL . $46,8$6,760
R -8184
W
Resolution No. 8184(1993 Series)
On motion of Rappa
seconded by Romero
and on the following roll call vote:
AYES: Council Members Rappa, Romero, Roalman, and Mayor Pinard
NOES: Council Member Settle
ABSENT: None
the foregoing Resolution was passed and adopted this 15th day of June, 1993.
Mayor Pit Pinard
ATTEST:
01 erk Diane R. G dwell
Page 2
�� o
�'�'
RESOLUTION NO. 8183 (1993 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
CONCEPTUALLY APPROVING A MASTER PLAN AND DEVELOPMENT
GUIDELINES FOR LAGUNA LAKE PARK
I
I
WHEREAS, the City has solicited public comments and held public hearings on a Master
i
Plan to guide possible uses, operation and development of Laguna Lake Park; and
I
WHEREAS, as a result of public comments, advisory body recommendations, and City
i
I
Council direction, a draft Master Plan and Development Guidelines were prepared to guide the
I
long -term land uses and physical development of Laguna Lake Park; and
i
WHEREAS, this Council, after consideration of the advisory body recommendations,
public comments, Laguna Lake Park planning principles, and staff recommendations and reports
i
thereon, finds the proposed Master Plan and Advisory Body recommended changes thereto to
be consistent with the Park's previously approved planning principles, and to be an appropriate
planning tool to guide Laguna Lake Park's use and development.
i
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION I. Environmental Determination. The City Council has considered the
Community Development Director's Mitigated Negative Declaration (ER 141 -92) granted on
i
March 29, 1993; and pursuant to the California Environmental Quality Act and the City's
Environmental Guidelines, hereby affirms the Director's Negative Declaration with mitigation
measures 1 - 10, as amended. The amended mitigation measures are as follows:
1. Construction shall be limited to the hours of 7 AM to 7 PM, or as specifically limited
for each construction project based on maximum decibel noise level allowed by the Noise
Ordinance at the house nearest the noise source.
i
Resolution No. 8183 (1993 Series)
Page 2
9. The Final Master Plan shall depict a.buffer zone along both sides of the PG &E easement.
This buffer shall be 100 feet wide from the edge of the power lines on both sides of the
easement and shall extend for the length of the PG &E easement (on City property). The
Final Plans shall note that new recreation facilities (such as playgrounds, picnic areas,
game areas, benches, trails, or similar facilities [excluding trail crossings]) within the
PG &E easement or buffer area may be considered by the Community Development
Director at such time as evidence clearly demonstrates that hazardous effects associated
with electromagnetic fields (EMFs) are within an acceptable range.
SECTION 11. Master Plan and Development Guidelines. The Laguna Lake Park
Master Plan and Development Guidelines are hereby approved, as .generally described in
Exhibits "A" (Master Plan) and "B" (Program Elements and Development Guidelines booklet
dated March 1992), with the following amendments and specific direction:
Implementation of Phase I improvements should be expedited by: preparing design
guidelines for park elements (eg. benches, signs, fences, [railheads) which could be done
on an incremental basis by community groups or other patrons; by preparing a detailed
phasing plan which addresses implementation priorities and timing of improvements; and
by preparing more detailed design plans for those features to be implemented in Phase
1.
2. Park entry and nature preserve portals should be redesigned to be more natural- appearing
and less architectural, emphasizing landscaping and natural features such as stone and
plantings.
3. The south parking lot should gradually be relocated away from the lakeshore as budget
and construction timing allow.
4. Design details of the Adventure Playground and pond features should create a natural
appearance which complements the Park's character and function as a nature preserve.
5. The public bus stop and turnaround should be relocated to the parking area near the
interpretive center.
6. An analysis of deceleration and /or turn out lanes on Madonna Road at the Park entry
should be conducted. The analysis is not to be a full traffic study. It is to be limited in
scope and shall focus on entry design measures for traffic safety and to emphasize the
natural character of the park, leading toward a possible redesign of the entry.
l i ;
Resolution No. 8183 (1993 Series)
Page 3
7. The Laguna Lake Master Plan shall incorporate an implementation schedule for
completion of the Plan's phased improvements.
SECTION III. Funding Amendment. The Finance Director is hereby directed to
reinstate or "rollover" $20,690 into the Laguna Lake Master Plan Account funds for the 1993-
1995 budget to be used for preparation of construction implementation plans and specifications,
and for related Phase I work tasks.
SECTION IV. Plan Implementation and Amendment. The City Council hereby
directs staff to implement the Plan and Development Guidelines in the on -going use, operation,
and development of Laguna Lake Park. Further, amendments to the Master Plan and
Development Guidelines shall require City Council approval.
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 15th day of June, 1993.
M� U .. . WE
Resolution No. 8183(1993 Series)
Page 4
APPROVED:
J
Attachments:
- Exhibit "A ": Laguna Lake Park Master Plan
- Exhibit "B ": Laguna Lake Park Program Elements and Development Guidelines
ATTENTION:
Exhibits A & B re the Laguna
Lake Park Master Plan as
referenced in Resolution No.
8183 (1993 Series) are being
stored in Clerk Subject File
No. 883 (Master Plan, etc. for
the Laguna Lake Area).
JSB - 6/22/93
on direction of D. Gladwell,
City Clerk
I
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RESOLUTION NO. 8182
(1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO GRANTING APPROVAL OF LOT LINE ADJUSTMENT
APPLICATION NO. LLA 42 -93 (County No. SLOAL 92 -156)
AT 585 AND 593 LUNETA DRIVE
BE IT RESOLVED by the Council of the City of San Luis Obispo,
as follows:
SECTION 1. Findings. That this council, after consideration
of Lot Line Adjustment Application No. LLA- 42 -93, and the staff
recommendations and reports thereon, makes the following findings:
1.
Development of the site would not be feasible with
the
installation of a standard street, either alone or
in
conjunction with neighboring property.
2.
The design of the lot line adjustment is consistent with
the
City's Zoning Regulations and Building Code.
3.
The lot line adjustment complies with the Subdivision Map
Act
and with City Subdivision Regulations.
4.
The design of the lot line adjustment preliminary map or
the
type of improvement will not conflict with easements
for
access through or use of property within the affected
property.
5.
The proposed lot line adjustment is exempt from environmental
review requirements.
SECTION 2. Conditions. That the approval of Lot Line
Adjustment Application No. LLA 42 -93 be subject to the following
conditions:
1. A 24 -foot access flag shall be provided to Lot 1.
2. The applicant shall submit a reduced copy of the preliminary
map (8 -1 /2 "x 1111) that includes the date of survey, if any,
and the date the map was prepared, and lists the record
property owners.
3. The applicant shall submit a new deed with a revised legal
description for the new lot configurations, to the Community
R -8182
I
Resolution No. 8182 (1993 Series)
Page 2
Development Director for review, approval and recordation.
SECTION 4. Code. Requirements. The following represent
standard requirements by various codes, ordinances, and policies of
the City of San Luis Obispo, but are not limited to the following:
1. Separate sewer, water and other utility connections shall be
provided for each parcel, in accordance with City standards, .
and to the approval of the City Engineer.
2. Construction of new residential units shall be subject to
compliance with City Water Allocation Regulations, and may
require retrofitting of off -site properties with water
conservation devices.
On motion of Council Member Rappa , seconded by Council Member .Settle
and on the following roll call vote:
AYES: Council Members Rappa, Settle, Romero, and Mayor Pinard
NOES: Council Member Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 15th day of
June , 1993. .
Mayor ? y rinard
ATTEST:
APPRO
Q:iyministrative Officer C t to e
o° ��� � '�
C a� k
t�� \����
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RESOLUTION NO. 8181 (1993 Series)
PROGRAM SUPPLEMENT NO. 002
STATE -LOCAL TRANSPORTATION
PARTNERSHIP PROGRAM 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 completed project Street Reconstruction
and Resurfacing Project, Various Locations, City Plan No. R -01A
that included pavement overlay and rehabilitation on Lawton St.,
Woodbridge St., Walnut St., Morro St., Caudill St., Funston St.,
and Oceanaire St., and
WHEREAS, completion of that project now qualifies the City
for a 21.51% State reimbursement of project. costs in the amount
of $86,147.11.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City
of San Luis Obispo hereby approves Program Supplement No.002 to
State-Local Transportation Partnership Program 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 15th day of June, 1993
Mayor L15eg Pinard
ATTEST:
R -8181
Resolution No. 8181 (1993 Series)
APPROVED:
f
PROGRAM SUPPLEMENT b... 002
to
STATE =LOCAL TRANSPORTATION
PARTNERSHIP PROGRAM AGREEMENT NO.
D' `a:
Locatrc,n:
1 Project Number:
E.A. Number:
SLTPP -5016
April 29, 1993
05- SLO -0 -SLO
SB93- 5016(039)
05- 929603
This Program Supplement is hereby incorporated into the State -Local Trans-
portation Partnership Program Agreement. for State Share Funds which was
entered into between the Local Entity and the State on 01/26/93 and is
subject to all the terms and conditions thereof. This Program Supplement
is adopted in accordance with.Paragraph 3 of Article I of the aforemen-
tioned Master Agreement under authority of Resolution No. 8181 ,
approved by the Local Entity on June 15, 1993 (See copy attached).
The Local Entity further stipulates that as a condition to payment of funds
obligated to this project, it accepts and will comply with any covenants or
remarks setforth.on the following pages.
PROJECT TERMINI:
VARIOUS CITY STREETS (10 LOCATIONS)
TYPE OF WORK: RECONSTRUCT & OVERLAY EXISTING STREETS LENGTH: 0.0 (MILES)
PROJECT CLASSIFICATION OR PHASE (S) OF WORK
[X] Construction
Estimated Cost State Share Funds Matching Funds
FY93 $ 89450 Local OTHER OTHER
$ 414695 FY94 $ 01$ 3252451$ 01$ 0
IFY95 $ 0
CITY OF SAN LUIS OBISPO STATE OF CALIFORNIA
Department of Transportation
gY (?xA BY q�
Mayor eg Pinard DISTRICT LOCAL
STREET AND ROADS ENGINEER_
Date June 15, 1993 _ Date eo LZ41�.!43
Attes �C
Title, y Clerk Diane._R..- Gladwell.
I hereby Certify upon my personal knowledge that budgeted funds are available for this encumbrance:
Accounting Office£i� Date $
89450.00
Chapter Statutes I Item /Dear U Program 1BC1 Fund Source AMOUNT
587 1992 2660- 101 -042 11 92 -93 20.25410,100 C 258010 042 -T 89450.00
Page 1 of 2
05- SLO -0 -SL0 C
SB93- 5016(039)
SPECIAL COVENANTS OR REMARKS
DATE: 04/29/93
1. It is mutually understood between the parties that this
contract may have been written before ascertaining the
availability of legislative appropriation of funds, for
the mutual benefit of both parties, in order to avoid
program and.fiscal delays that would occur if the
agreement were executed after that determination was
made.
The total amount of State -Local Transportation
Partnership funds payable by the State shall not exceed
$89450 to be encumbered and reimbursed as follows:
FY
FY
FY
Any increase in
revised program
Any decrease in
revised finance
92 -93 $ 89450
93 -94 0
94 -95 0
State Partnership funds will require a
supplement.
State Partnership funds will require a
letter.
2. The State Funds Share is calculated based on the lower of the
approved eligible application amount or the eligible award
amount.
3. Within 120 days of project completion a Final Report of
Expenditures must be transmitted to the Caltran's District. Local
Streets and Roads Engineer.
4. The Reimbursement Ratio for this Cycle 3 (92/93) project is
21.57 %.
5. In accordance with the State and Local Transportation Partnership
Program Guidelines dated April 1992, Section IV, Project
Eligibility, the 10t allowance for construction engineering and
contingencies is not eligible after Cycle 2. Only state /agency
furnished materials can be added to the contract item cost for
State Partnership funds eligibility.
Page 2 of 2
I ty ® S�'11�,115 oBispo Cl ®
25 Prado Road • San Luis Obispo, CA 93401
STATE -LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (SLTPP)
INVOICE
May 18, 1993
J.T.Gibbs,LSR Engineer
Caltrans
P.O. Box 8114
San Luis Obispo, CA 93403 -8114
Billing Number. Final
Local Agency's Invoice Number.
Completion Date.
April 7, 1992
Project Number.
SB 93- 5016 -039
Cycle Number.
3
Project Name.
R -01A Street
Reconstruction and Resurfacing
** Various Locations **
Expenditure Authorization.
05- 929603
Attention: Bill Tyler, Local Streets and Roads Engineer
Reimbursement for SLTPP funds are claimed pursuant to Local Agency -State Agreement number
SLTPP -5016 Program Supplement Number 002 executed on 6its /93
Total Costs
Ineligible Costs
Eligible Costs
State share reimbursement ratio
State share subtotal
Previous Invoice
Invoice Total
Construction
Contract
$908,070.63
$508,686.70
$399,383.93
21.57%
$86,147.11
—0-
$86,147.11
I certify that the SLTPP work covered by this invoice has been completed, the costs shown in this
invoice are true and correct, and the amount claimed due and payable in accordance with the
terms of the agreement.
"KI, , X49,
Michael. D. McCluskey, Public Wor s Director
Approved for Payment, Local Streets and Roads Engineer date
STATE OF CALIFORNIA — BUSINESS, TRANSPORTATION AND HOUSING
DEPARTMENT OF TRANSPORTATION
P.O. BOX 8114
SAN LUIS OBISPO, CA 93403 -8114
TELEPHONE: (805) 549 -3111
TDD (805) 549 -3259
Mr. Mike McCluskey
Director of Public Works
P.O. Box 8100
San Luis Obispo, CA 93403
Attn: Diane R. Gladwell
Dear Mr. McCluskey:
n
PETE WILSON, Governor
IN 2 8
7Tn.
June 24, 1993
SB93- 5016(039)
Enclosed, please find fully executed Program Supplement No. 002
for the above referenced project.
Sincerely,
W. F. Tyler
r.�
District 5 Local Streets and Roads
cc: Ai Raymond HQ
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city of sAn luis oBispo -
�� 990 Palm Street/Post Office .Box 8100 •San Luis Obispo, CA 93403 -8100
June 18, 1993
Mr. W. F. Tyler
District Local Streets and Roads
Department of Transportation
P.O. Box 8114
San Luis Obispo, CA 93403 -8114
RE: AGREEMENT NO. SLTPP -5016
Dear Mr. Tyler:
At its meeting of June 15, 1993, the San Luis Obispo City Council approved Program
Supplement No. 2 to State - Local Transportation Partnership Program Agreement No.
SLTPP -5016 between the City of San Luis Obispo and the State of California, Department
of Transportation.
Enclosed are duplicate originals of the above- referenced supplement which have been signed
and attested by the City of San Luis Obispo. Please return an original copy to my attention
once it has been fully executed. Thank you.
Sincerely,
>DianeMR. G 1
City Clerk
DRG:jsb
Enclosures
c: Madalyn Koval, Finance
Pam Reed, Public Works
OThe City of San Luis Obispo is committed to include the disabled in all of its services, programs and activities.
�� Telecommunications Device for the Deaf (805) 781 -7410.
RESOLUTION NO. 8180 (1993 Series)
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT
TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF
THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY OF SAN LUIS OBISPO
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System by the execution of
a contract, and sets forth the procedure by which said public agencies may elect to subject
themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by
the governing body of the public agency of a resolution giving notice of its intention to approve
an amendment to said contract, and which resolution shall contain a summary of the change
proposed in said contact; and
WHEREAS, the following is a statement of the proposed change:
To provide Section 20818 (Two Years Additional Service Credit) for local
miscellaneous members.
NOW, THEREFORE, BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the contract between the said
governing body and the Board of Administration of the Public Employees' Retirement System,
a copy of said amendment being attached hereto and by this reference made a part hereof.
Upon 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
Resolution No. 8180 (1993 Series)
ABSENT: None
the foregoing resolution was adopted this 8th
ATTEST:
Ci lerk Diane R. GYadwell
APPROVED:
Q
City 9flordey
day of June . ,1993.
�M
r
PLEASE ,DO NOT SIGN "EXhi6lT ONLY`"
AMENDMENT TO CONTRACT COPY
BETWEEN THE
BOARD OF ADMINISTRATION
. OF THE
PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE
CITY COUNCIL
OF THE
CITY OF SAN LUIS OBISPO
The Board of Administration, Public Employees' Retirement System, hereinafter referred to as Board,
and the governing body of above public agency, hereinafter referred to as Public Agency, having entered
into a contract effective July 1, 1952, and witnessed June 9, 1952, and as amended effective October 1,
1962, October 3, 1963, October 1, 1974, June 1, 1976, December 1, 1976, December 20, 1978, January
16, 1980, May 1, 1980, July 1, 1980, July 1, 1983, July 1, 1986, July 23, 1987 and November 16,
1989, which provides for participation of Public Agency in said System, Board and Public Agency hereby
agree as follows:
A. Paragraphs 1 through 11 are hereby stricken from said contract as executed effective November
16, 1989, and hereby replaced by the following paragraphs numbered 1 through 12 inclusive:
1. All words and terms used herein which are defined in the Public Employees' Retirement
Law shall have the meaning as defined therein unless otherwise specifically provided.
"Normal retirement age" shall mean age 60 for local miscellaneous members and age 50
for local safety members.
2. Public Agency shall participate in the Public Employees' Retirement System from and
after July 1, 1952 making its employees as hereinafter provided, members of said System
subject to all provisions of the Public Employees' Retirement Law except such as apply
only on election of a contracting agency and are not provided for herein and to all
amendments to said Law hereafter enacted except those, which by express provisions
thereof, apply only on the election of a contracting agency.
3. Employees of Public Agency in the following classes shall become members of said
Retirement System except such in each such class as are excluded by law or this
agreement: -
a. Local Fire Fighters (herein referred to as local safety members);
b. Local Police Officers (herein referred to as local safety members);
C. Employees other than local safety members (herein referred to as local
miscellaneous members).
4. In addition to the classes of employees excluded from. membership by said Retirement
Law, the following classes of employees shall not.become members of said Retirement
System:
a. CROSSING GUARDS.
r ?SSE DO NOT SIGN 'UH
161T ONLY"
5. The percentage of final compensation to be provided for each year of credited prior and
current service as a local miscellaneous member shall be determined in accordance with
Section 21251.13 of said Retirement Law (2% at age 60 Full).
6. The percentage of final compensation to be provided for each year of credited prior and
current service as a local safety member shall be determined in accordance with Section
21252.01 of said Retirement Law (2% at age 50 Full).
7. Public Agency elected to be subject to the following optional provisions:
a. Sections 21380 -21387 (1959 Survivor Benefits) including Section 21382.4 (Third
Level of 1959 Survivor Benefits).
b. Sections 21263 and 21263.1 (Post- Retirement Survivor Allowance) for local
safety members only.
C. Section 20862.8 (Credit for Unused Sick Leave).
d. Section 20024.2 (One -Year Final Compensation) for local miscellaneous
members; for those local fire members entering membership on or prior to July
1, 1986; and for those local police members entering membership on or prior to
July 23, 1987.
e. Section 20461.6 (Different Level of Benefits). Section 20024.2 (One -Year Final
Compensation) is not applicable to local fire members entering membership after
July 1, 1986 and to local police members entering membership after July 23,
1987.
f. Section 20818 (Two Years Additional Service Credit). for local miscellaneous
members only.
8. - Public Agency, in accordance with Government Code Section 20740, ceased to be an
"employer" for purposes of Section 20759 effective on June 1, 1976. Accumulated
contributions of Public Agency shall be fixed and determined as provided in Government
Code Section 20759, and accumulated contributions thereafter shall be held by the Board
as provided in Government Code Section 20759.
9. Public Agency shall contribute to said Retirement System the contributions determined
by actuarial valuations of prior and future service liability with respect to local
miscellaneous members and local safety members of said Retirement System.
10. Public Agency shall also contribute to said Retirement System as follows:
a. Public Agency shall contribute $2.50 per employee, per month on account of the
liability for the 1959 Survivor Benefits provided under Section 21382.4 of said
Retirement Law. (Subject to annual change.) In addition, all assets and
liabilities of Public Agency and its employees shall be pooled in a single account,
based on term insurance rates, for survivors of all local miscellaneous members
and local safety members.
b. A reasonable amount, as fixed by the Board, payable in one installment within
60 days of date of contract to cover the costs of administering said System as it
affects the employees of Public Agency, not including the costs of special
valuations or of the periodic investigation and valuations required by law.
C. A reasonable amount, as fixed by the Board, payable in one installment as the
occasions arise, to cover the costs of special valuations on account of employees
of Public Agency, and costs of the periodic investigation and valuations required
by law.
11. Contributions required of Public Agency and its employees shall be subject to adjustment
by Board on account of amendments to the Public Employees' Retirement Law, and on
account of the experience under the Retirement System as determined by the periodic
investigation and valuation required by said Retirement Law.
12. Contributions required of Public Agency and its employees shall be paid by Public
Agency to the Retirement System within fifteen days after the end of the period to which
said contributions refer or as may be prescribed by Board regulation. If more or less
than the correct amount of contributions is paid for any period, proper adjustment shall
be made in connection with subsequent remittances. Adjustments on account of errors
in contributions required of any employee may be made by direct payments between the
employee and the Board.
B. This amendment shall be effective on the day of
BOARD OF M&NISTRATION
PUBLIC EMPES' RETIREMENT SYSTEM
BY 2..-
CHIEF, CONTRAC:MERVICES DIVISION
PUBLIC EMPLOYEP1%' RETIREMENT SYSTEM
�Z
'n
tA
f
PERS -CON -702 (AMENDMENT)
(Rev. 10/92)
CITY COUNCIL
OF THE
CITY OF A LUIS OBISPO
W
BY ft%
Presiding tcer
2
::A
Witness Date
Attest:
O
Clerk
19_
3
I
I f
RESOLUTION NO. 8179 (1993 Series)
RESOLUTION AUTHORIZING AN AMENDMENT TO CORRECT ERRORS
IN THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION
OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM
AND THE CITY OF SAN LUIS OBISPO
WHEREAS, the City Council of the City of San Luis Obispo, hereinafter referred to as
Public Agency, and the Board of Administration of the Public Employees' Retirement System
entered into a contract effective July 1, 1952, providing for the participation of Public Agency
in the Public Employees' Retirement System; and
WHEREAS, said contract was amended effective July 1, 1986, and again July 23, 1987,
and, due to an inadvertent error, Sections 21263, 21263.1 and 21263.3 (Post - Retirement
Survivor Allowance) for local safety members only should have read "Sections 21263 and
21263.1 (Post- Retirement Survivor Allowance) for local safety members only" (with Section
21263.3 excluded); and
WHEREAS, said contract was subsequently amended effective November 16, 1989, and
due to an error, Sections 21263, 21263.1 and 21263.3 (Post- Retirement Survivor Allowance),
should have read "Sections 21263 and 21263.1 (Post- Retirement Survivor Allowance) for local
safety members only" (with Section 21263.3 excluded); and
WHEREAS, Section 20461 of the Government Code provides that errors in a contract
may be corrected through contract error amendments executed by adoption of suitable resolutions
by the contracting parties;
NOW, THEREFORE, BE IT RESOLVED, that said governing body of Public Agency
authorizes, and it does hereby authorize, a contract error amendment to said contracts effective
R -8179
Resolution No. 8179 (1993 Series)
C�
July 1, 1986, July 23, 1987, and November 16, 1989, as follows:
Paragraph 7.b of said contracts shall be changed as follows:
Sections 21263 and 21263.1 (Post- Retirement Survivor Allowance) for local
safety members only.
BE IT FURTHER RESOLVED, that the presiding officer of the governing body of
Public agency be hereby authorized, empowered and directed to execute said amendment for and
on behalf of Public Agency.
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 .8th day of June 1993.
Mayorinard
ATTEST:
Clerk Diane R. ladwell
Resolution No. 8179 (1993 Series)
APPROVED:
/ �
C,�
a
0
RESOLUTION NO. 8178 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF TENTATIVE TRACT NO. 2133
LOCATED AT 3950 BROAD STREET
follows:
BE IT RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. Findings. That this council, after consideration of the
tentative map of Tract 2133 and the Planning Commission's recommendations, staff
recommendations, and reports thereof, makes the following findings:
1. The design of the subdivision and proposed improvements are consistent with the
general plan.
2. The site is physically suited for the type and density of development allowed in
the C -S -PD zone.
3. The design of the subdivision is not likely to cause serious health problems,
substantial environmental damage or substantially and unavoidably injure fish or
wildlife or their habitat.
4. The design of the subdivision will not conflict with easements for access through
(or use of property within) the proposed subdivision.
S. The proposed project has been granted a negative declaration of environmental
impact based on various mitigation measures being incorporated into the project,
as identified in the ordinance approving Planned Development Rezoning PD 191-
92.
SECTION 2. Conditions. The tentative map for Tract 2133 is approved subject
to the following conditions:
1. Subdivider shall obtain approval of rezoning application PD 191 -92.
2. This vesting map shall confer a vested right to proceed with development in
accordance with the ordinances, policies and standards described in Section
664742 of the Subdivision Map Act, and including all provisions of the ordinance
approving Planned Development Rezoning PD 191 -92. Environmental impact
mitigation measures identified in the ordinance approving Planned Development
Rezoning PD 191 -92 shall be conditions of approval of this vesting tentative map.
R -8178
Resolution No. 8178 (1993 Series)
Tract 2133
Page 2
3. Subdivider shall dedicate vehicular access rights along Broad Street, except for
one driveway located as shown preliminary development plan for PD 191 -92.
4. Subdivider shall provide common driveway and parking easements and
agreements to the City for approval and recordation. Agreements shall be
consistent with the preliminary development plan for PD 191 -92, and in a form
approved by the Community Development Director.
5. All boundary monuments, lot corners and centerline intersections, etc., shall be
tied to the City's control network. At least two control points shall be used and a
tabulation of the coordinates shall be submitted with the final map. A 5 -1/4"
computer floppy disk, containing the appropriate data for use in autocad for
geographic information purposes, is also required to be submitted to the City
Engineer.
On motion of Council Member Rappa ,seconded by Council
Member Roalmanand on the following roll call vote:
AYES: Council Members Rappa, Roalman, Romero and Settle
NOES: Mayor Pinard
ABSENT: None
the foregoing resolution was passed and adopted this 1st day of June
1993.
ATTEST:
I
C Clerk Diane R. Gladwell
MayoY Peg Pinard
FSVJV. �
t� C O
RESOLUTION NO. 8177 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN
LUIS OBISPO APPROVING AN AGREEMENT BETWEEN THE
CITY AND SAN LUIS OBISPO SWIM CLUB, INC. FOR USE
OF SLO SWIM CENTER AT SINSHEIMER PARK FROM JULY 11
_ 1993, THROUGH JUNE 30, 1994.
BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
Section 1. That certain agreement, attached hereto marked
Exhibit "A" and incorporated herein by reference, between the City
of San Luis Obispo and San Luis Swim Club, Inc. is hereby approved
and the Mayor is authorized to execute the same.
Section 2. The City Clerk shall furnish two copies of this
resolution and copies of the executed agreement approved by it to:
San Luis Obispo Swim Club, Inc., and one copy of resolution and
agreement each to the City Finance Director and the City Director
of Recreation.
On motion of Mayor Pinard , seconded by Council Member Sett�e
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 passed and adopted this 1st day of
June , 1993.
ATTEST:
C Cler Di ye R. Gladwell
APPR ED:
Cit Rmni?st=ratilveofficer
Y
Mayor P Pinard
of Recreation
R -8177
Exhibit "A"
AGREEMENT
A- 43 -93 -CC
USE,OF SLO SWIM CENTER
AT SINSHEIMER PARK
THIS AGREEMENT, made and entered into this 8th day of
June , 1993, by and between the. -CITY OF SAN LUIS OBISPO, a
municipal corporation (hereinafter "City ") and the SAN LUIS OBISPO
SWIM CLUB, INC., also known as the SAN LUIS OBISPO SEA HAWKS, an
educational, non- profit, tax - exempt corporation headquartered in
the City of San Luis Obispo (hereinafter, "Club ").
WITNESSETH:
WHEREAS, City is the owner and operator of the SLO Swim Center
located in Snshemer Park (hereinafter, "Pool"); and
WHEREAS, City desires that all residents of San Luis Obispo
with interests in any manner of aquatic activities, including
competitive swimming, have the opportunity to make use of Pool; and
WHEREAS, Club makes available aquatic training and competitive
experience as well as other aquatic activities to all members of '
the community and has indicated its desire to make Pool its home.
facility;
NOW, THEREFORE, in consideration of the mutual promises,
agreements, covenants and conditions herein set forth, City and
Club hereby mutually agree and covenant as follows:
. I.. City hereby grants to Club the use of Pool for team
workouts for the days and hours listed.
A. September - May
Monday - Friday
6:00- 7:00am
8:00- 9:30am
10:30- 1:.30pm
3:30- 8:00pm
Saturday
8:00- 9:30am
3:00- 5:00pm
B. June .7 August
Monday - Friday
6:00- 9:30am
10:30- 1:30pm
3:30- 8:00pm
Saturday
8:00- 9:30am
3:00- 5:00pm
A- 43 -93 -CC
J,
This use is not necessarily exclusive and the Club will share
Pool during these hours with non- conflicting groups as scheduled by
the SLO Swim Center Supervisor and/or Coordinator. Non - conflicting
groups are defined as any authorized group activity that does not
occupy the same area of the pool. The basic use area for the Club
shall not exceed eight lanes, short course, or two lanes, long
course. Some hours of use may be limited to two or three lanes
short course, depending on the time of the year. The specific
lanes assigned to Club may vary during different seasons of the
year. In the event that Club use hours are cancelled (and not able
to be rescheduled) due to occasional special events, Club will
receive at least two weeks notice and pool use rates will be
adjusted.
II. CLUB agrees to pay the City use fees as follows:
A quarterly invoice will be mailed to Club from the City
Finance Department.
A. $1331.25
for
1st
quarter
- July,
August, Sept.
B. $1074.00
for
2nd
quarter
- Oct.,
Nov., Dec.
C. $1170.00
for
3rd
quarter-
Jan.,
Feb., Mar.
D. $1331.25
for
4th
quarter -
April,
May, June
*The pool will close for nine (9) days each December for pool
and facility maintenance. Club will not be billed for this period.
If Club and City agree that Club may use the Pool at times in
addition to those set out above, the use fee for the additional
time shall be $60.00 per month hour (e.g. additional use of two
hours per day, Monday through Saturday for one month = $120.00.)
III. Term and Renewal:
A. The term of this agreement shall be one (1) year, to
commence on July 1, 1993.
B. This agreement may renewed on the same terms and
conditions on a year -to -year basis upon mutual consent of the
parties hereto. The amount of the use fee will automatically be
adjusted on July 1 of each subsequent year by the percentage change
in the U.S. Bureau of Labor Statistics Consumer Price Index for all
urban consumers (CPI -U) , all cities average for the prior calendar
year.
IV. City hereby further grants the Club the use of Pool to
host certain swim meets. Swim meet dates must be submitted to the
SLO Swim Center Supervisor and /or Coordinator a minimum of sixty.
(60) days prior to the date of the event to accommodate possible
rescheduling. Club shall generally have exclusive use of pool and
pool facilities for scheduled, approved swim meets. Club agrees
that no swim meet set -up or participant warm -up will be allowed
prior to the starting times arranged and that all swim meet
participants and spectators will remain outside the confines of the
SLO Swim Center until such starting time.
V. City agrees to provide the additional custodial supplies
J
required during a swim meet.
VI.. Club agrees to leave entire-pool area and shower /dressing
rooms in a clean, safe condition at the culmination of each swim
meet.
VII. In consideration for the pool time and services
during swim meets, Club agrees to pay City according to the
following schedule of rates:
A. Sanctioned Swim Meets (Scheduled in accordance with
Section IV)
1. Friday $60.00 - plus loss of revenue from
any City program that must be cancelled to
allow the meet. Meets may not begin before
5:OOpm.
2. Saturday and Sunday ...... $180.00 /day - plus
loss of revenue from any City program that must
be cancelled to allow the meet.
B. Sanctioned Dual, Intersquad meets or time trials
(Scheduled in accordance with Section IV and when
not occurring during regular hours. for Club use):
1. $60.00 /event - plus loss of revenue from any
City program that must be cancelled to allow
the meet.
C. In addition to the above listed use fees for meets,
Club agrees to reimburse City, at the rate of $6.00 per hour per
employee, for one (1) city employee during regular sanctioned meets
and two (2) city employees during invitational meets, to oversee
the welfare of city property during these meets.
VIII. City agrees to grant Club the concession rights during
meets mentioned above. I-n consideration for concession rights,
Club agrees that-no food sales or food consumption will be allowed
on deck and Club agrees to pay City ten percent (1010 of gross
sales of any food or product sold during meets. City retains the
right to operate concessions at any sponsored meets.
IX. City hereby grants the Club the right, with no liability
to the City for loss or damage, to store at Pool such aquatic
paraphernalia that is associated with the Club's program. The
storage thereof shall not interfere with normal City operations of
other aquatic programs.' Storage area shall be approved by the SLO
Swim Center Supervisor and /or Coordinator.
X. Club shall furnish to City evidence of current policy of
comprehensive general liability insurance dh an amount not less
than $1,000,000 which shall name the City as additional insured for
those periods of time that Club is conducting its program at the
SLO Swim Center facility.
Such insurance shall insure such performance by the Club
of the indemnity provision of Section XXI but shall not limit the
liability of the Club to the stated amount of the insurance.
The evidence of insurance shall contain an endorsement
that the insurance is primary coverage and will not be terminated .
or altered by the insurer except on 30 days written notice to City.
XI. Club agrees to furnish, for its own use, any and all
Aquatic paraphernalia it deems-necessary to conduct a safe training
and competitive program. Such property, including fixtures that
are not an integral part of Pool, shall remain the property of the
Club and shall not be used by any other group without the written
permission first being granted by the Club. Any equipment provided
by the Club to the City on a permanent_ - basis shall be covered by
separate agreements.
XII. Club agrees to furnish, for its own use, a minimum of
one (1) telephone; this telephone to be installed in Club office
space and in a location mutually agreed to by Director of
Recreation and Club representative. Telephone shall be
listed in local directory under Club's full name. All costs
associated with telephone will be borne by Club.
XIII. Club shall furnish any and all personnel necessary to
conduct its aquatic workouts and swim meets. At least one coach
must be on deck for the duration of all Club workouts. Club
coaching staff. shall remain current in all certifications required
by State agencies and U.S. Swimming (or other affiliation). Should
Club personnel not be present on deck for a scheduled workout, the
Club workout will be.cancelled. If a City lap swim session is
concurrently operating, those participants wishing to swim will
become part of the City lap swim program and the Club will agree to
reimburse City at the current daily lap swim rate per participant.
Any person that is responsible for a Club aquatic
activity must be a paid or volunteer employee sanctioned by the
Club Board of Directors. A list of such sanctioned personnel will
be'made available to City and kept posted in an obvious location in
the office for the City's Aquatic Supervisor and /or Coordinator.
XIV. City will make available to Club, on a space available
basis, office space to conduct Club business. The space determined
for this use will be mutually agreed to by Director of Recreation
and Club representative. Club will compensate City $0.45 per
square foot per month for this office area, billed quarterly by the
City Finance Department, together with billing for Pool use
fees. The Club office space shall be kept maintained, by Club
staff, in a manner acceptable to the City.
A. 156.3 square feet x $ 0.45 = $70.00 /month
Should the area determined as Club office become necessary for City
operations, this section (XIV) may be terminated, upon thirty (30)
days notice, and have no affect on the remainder of this agreement.
XV. Club agrees to maintain at all times, during Club's use
of Pool, an adequate supply of First Aid materials, including cold
pack supplies, to meet the needs of both the workout program and
any swim meet activity.
T
XVI. Club retains the right to expand its program to meet the
needs of the community as outlined in its corporate articles and
bylaws. Any expansion of programs will not change use time or
rental rates as described herein except as provided for in Section
II of this agreement..
XVII. Club shall be responsible for damage to the physical
plant and any City owned equipment, excepting normal wear and tear,
if the damage occurs during the time Club is using Pool and the
damage arises out of and is in connection with Club's use of the _
Pool.
XVIII. Club shall notify the City. if its tax - exempt and non-
profit status should change.
XIX. Either party may terminate this agreement without the
other party's consent by giving six months written notice.
XX. Notices under this agreement shall be sent by certified
mail, return receipt requested, postage prepaid, addressed as
follows:
CITY: Director of Recreation
City of San Luis Obispo
860 Pacific St.
San Luis Obispo, CA 93401
CLUB: San Luis Obispo Swim Club, Inc.
Board of Directors
P.O. Box 142
San Luis Obispo, CA 93406
XXI. Club agrees to defend, indemnify, protect and hold City
and its agents, officers, and employees harmless from and against
any and all claims asserted or liability established for damages or
injuries to any person or property, including injury to Club's
employees, volunteers, and participants, arising out of Club's use
or occupancy of the SLO Swim Center, and all expenses of
investigating and defending against same. However, Club's duty to
indemnify and hold harmless shall not include any claims or
liability arising from the established sole negligence or willful
misconduct of the City.
IN WITNESS. WHEREOF,• the parties hereto have executed this agreement
on the day and year first above written.
SIGNATURE PAGE:
ATTEST:
City Clerk:
i R. G adwel
APPROVED:
-. -
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SAN LUIS OBISPO SWIM CLUB, INC.
1�v31-3 15RT S N' A I M ilk
NAME:
TITLE:
SIGNATURE:
NAME: P•� �` i 1p . �G]
TITLE:
SIGNATURE
CITY OF SAN LUIS OBISPO:
MAYOR: ,
Peg Pilf rd
w //
Dir7ecr of Finance
&J79 Recreation
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RESOLUTION NO
N
8176 (1993 SERIFS)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE CONTRACT OF EMPLOYMENT BETWEEN
LYNN BLOCK, BIA ADMINISTRATOR, FOR THE PERIOD
JULY 11 1993 AND JULY 11 1994
BE IT RESOLVED by the Council of the City of'San Luis Obispo as follows:
SECTION 1. That the contract of employment between the City of San Luis Obispo and
Lynn Block as BIA Administrator for the period of July 1, 1993 through July 1, 1994 attached
hereto as Exhibit "A" and by reference made apart hereof, has been reviewed and is approved
and the Mayor is authorized to execute sarne.
On motion of Mayor Pinard
and on the following roll call vote:
,seconded by Council Member Settle ,
AYES: Council Members Settle, Rappa, Roalman, Romero and Mayor Pinard
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 1st day of June , 1993.
4�
MAYO W PEG PINARD
ATTEST:.
CLERK DIAN R. GLADWELL
R -81.76
RESOLUTION NO. 8176 (1993 Series)
0» cZo1lyI V
City A ministrative Officer
(.''
CONTRACT OF EMPLOYMENT
A- 42 -93 -CC
THIS CONTRACT is entered into this 15th day of June, 1993, by and between the CITY
OF SAN LUIS OBISPO, State of California (hereinafter referred to as "City"), and LYNN
BLOCK, a contract employee (hereinafter referred to as "Employee ").
WITNESSES:
WHEREAS, the City of San Luis Obispo has a need to hire an employee for a special
project for which the continued funding or need for the project is too uncertain to create a
regular classification; and
WHEREAS, Employee is qualified to perform such service for City; and
WHEREAS, the services to be contracted for are BIA Administrator
NOW, THEREFORE, the parties do mutually agree as follows:
1. Employment. City hereby engages Employee and Employee hereby agrees to perform
for City the services hereinafter set forth for the compensation hereinafter set forth, all pursuant
to the terms and conditions herein.
2. Scope of Services. Pursuant to this Contract, Employee shall provide to City the
following services: Administrator for the Downtown Parking and Business Improvement
Association (BIA); specific duties and responsibilities to be established and modified from time
to time by the BIA Advisory Board. Employee shall perform said services under the direct
supervision of BIA Advisory Board.
3. Employment Status. Employee shall be a full-time employee. Membership in the
City PERS retirement program shall be in accordance with PERS requirements with the
Employee's share to be paid by Employee. Employee shall accrue holiday and sick leave
A- 42 -93 -CC
benefits consistent with other positions in the City and as determined by the Personnel Director.
Employee shall accrue 7.2 hours of vacation per month over the term of this Agreement which
shall be taken in a manner consistent with other City employees. Employee shall be granted up
to 36 hours per year of administrative leave in lieu of overtime compensation, in recognition of
the fact that the employee is exempt from overtime compensation consideration and that the
employee's schedule may require work beyond 36 hours in a week. The only other paid benefits
are workers' compensation insurance and unemployment insurance. Employee shall be eligible
for reimbursement for mileage at a rate of $0.27.5 per mile for use of her private automobile
for official business but not including any mileage attributable to normal commuting by
Employee to and from her office.
Employee understands and agrees that her term of employment is governed only by this
Contract; that no right of tenure is created hereby, and that she does not hold a position in any
department or office of the City.
4. warranly of Employee. Employee warrants that she is properly certified and licensed
under the laws and regulations of the State of California to provide the services herein agreed
to.
5. Compensation. City shall pay to Employee as compensation in full for all services
performed by Employee pursuant to the Contract, the sum of $2,500 per month ($30,000 per
year), said compensation to be paid in accordance with normal City procedures.
6. Term of Contract. This Contract shall commence on July 1, 1993 through July 1,
1994, unless terminated earlier as provided herein. The City Administrative Officer may
terminate the contract without the need for action, approval or ratification by the City Council.
7. Termination of Contract for Convenience. Either party may terminate this Contract
�4 C
at any time by giving to the other party fifteen (15) days written notice of such termination,
specifying the effective date of such termination. Employee shall be paid for all work
satisfactorily completed prior to the effective date of such termination.
Employee agrees that the notice provisions of this paragraph shall limit the liability of
the City in the event that a termination action taken by City pursuant to paragraph 8 is
subsequently found to be improper.
8. Termination of Contract for Cause. If Employee fails to perform her duties to the
satisfaction of the City, or if employee fails to fulfill in a timely and professional manner the
obligations under this Contract, or if Employee shall violate any of the terms of provisions of
this Contract, or if Employee has a physical or mental incapacity that precludes Employee from
performing the duties, or if Employee fails to exercise good behavior in either during or outside
of working hours which is of such a nature that it causes discredit to the City or impairs her
ability to perform these contract duties, then the City shall have the right to terminate this
Contract effective immediately upon the City's giving written notice thereof to Employee.
Employee shall be paid for all work satisfactorily completed prior to the effective date of such
termination.
9. Entire Agreement and Modification. This Contract constitutes the entire
understanding of the parties hereto. This Contract supersedes all previous contracts, agreements,
negotiations or understandings, whether written or oral, between the parties. Employee shall
be entitled to no other benefits than those "specified herein, and Employee acknowledges that no
representations, inducements or promises not contained in this Contract have been made to
Employee to induce Employee to enter into this Contract. No changes, amendments, or
alterations hereto shall be effective unless in writing and signed by both parties. Employee
specifically acknowledges that in entering into and executing this Contract, Employee relies
solely upon the provisions contained in this Contract and no others.
10. Non - Assignment of Contract. This Contract is intended to secure the individual
services of the Employee and thus Employee shall not assign, transfer, delegate; or sublet this
Contract or any interest therein without the prior written consent of City, and any such
assignment, transfer, delegate, or sublet this Contract or any interest therein without the prior
written consent of City, and any such assignment, transfer, delegation, or sublet without the
City's prior written consent shall be considered null and void.
11. Covenan t. This Contract has been executed and delivered in the State of California,
and the validity, enforceability and interpretation of any of the clauses of this Contract shall be
determined and governed by the laws of the State of California. All duties and obligations of
the parties created hereunder are performable in the City of San Luis Obispo, and such City
shall be that venue for any action, or proceeding that may be brought, or arise out of, in
connection with or by reason of the Contract.
12. Nondiscrimination. There shall be no discrimination against any person employed
pursuant to this contract in any manner forbidden by law.
13. Conflicts of Interest. The employee shall not participate in any decision related to
this Contract which affects her personal interest or the interest of any corporation, partnership,
or association in which she is directly or indirectly interested.
14. CgRyrigh t. Any reports, maps, documents or other materials produced in whole or
part under this Contract shall be the property of the City and shall not be subject to an
application for copyright by or on behalf of Employee, without the prior written approval of the
City.
15. Outside Employment. Conduct and Behavior.
a. Employee may engage in outside activities such as part-time teaching,
consulting, or in other similar activities unrelated to City business only with the express prior
approval of the City Administrative Officer.
b. Employee shall comply with all local and state requirements regarding
conflicts -of- interest and shall avoid personal involvement in situations which are inconsistent or
incompatible with the position of BIA Administrator or give rise to the appearance of
impropriety.
16. Enforceability. If any terms, covenant, condition or provision of this agreement is
held by a court of competent jurisdiction ,to be invalid, void or unenforceable, the remainder of
the provisions herein shall remain in full force and effect and shall in no way be affected,
impaired or invalidated thereby.
IN WITNESS WHEREOF, City and Employee have executed this Contract on the day
and year first hereinabove set forth.
ATTEST:
Rjf�'Gia-dwell
CITY OF SAN LUIS OBISPO
� 0
BY: lTiAd dA 4
Mayo Peg Pinard
EMPLOYEE:
Lyn Bloc
CONCUR:
Finance Director
Personnel Director
S149®
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RESOLUTION N&175 (1993 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE MASTER LIST OF HISTORIC RESOURCES TO
ADD A HOUSE LOCATED AT 1105 GEORGE STREET.
WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the
"Master List of Historic Resources ", along with procedures for adding properties to the listing;
and
WHEREAS, on February 22, 1993 the Cultural Heritage Committee reviewed the
historical documentation on 1105 George Street, and nominated the property for inclusion on the
Master List of Historic Resources; and
WHEREAS, this City Council considered the nomination during a public hearing on June
11 1993 pursuant to historic preservation guidelines established by Council Resolution No. 6157
(1987 Series); and
NOW THEREFORE BE IT RESOLVED. by the Council of the City of San Luis
Obispo that based on the Cultural Heritage Committee's recommendation, historical
documentation as described in Exhibits B and C, the staff report, public testimony, and on the
City's Historical Preservation Program Guidelines the following:
SECTION. 1. Addition to Master List of Historic Resources. The house located at 1105
George Street is hereby added to the Master List of Historic Resources as a Type #5 property
because it meets the following national register criteria:
A. It is associated with events that have made a significant contribution to the broad
patterns of the City's history.
B. It is of symbolic importance to the community, representing the significant role
played by the railroad in the growth and development of the City of San Luis
Obispo.
C. It represents a modest, turn-of -the -century family home in San Luis Obispo.
R -8175
Council Resolution No. 8175 (1993 Series)
Page 2
SECTION 2. Amendment of the Master List of Historic Resources. The Community
Development Director is hereby directed to amend the Master List of Historic Resources to
include 1105 George Street.
SECTION 3. Recordation of Historical Listing. The City Clerk is hereby directed to record
the property's historical listing with the County Recorder within 90 days of this amendment.
On motion of Mayor Pinard ,seconded by Council Member Settle 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 passed and adopted this 1st day of June, 1993.
OD
Mayo eg Pinard
ATTEST:
lii i /1 iFIZX
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VIA
APPROVED:
Attachments: Exhibit A - Vicinity Map; Exhibit B - Documentation of Historical Significance
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EXHIBIT A: VICINITY MAP, 1105 GEORGE ST. O
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Exhibit B
DOCUMENTATION OF HISTORICAL SIGNIFICANCE
The purpose of this evaluation sheet is to document the reasons Hhy properties recommended
for inclusion on the San Luis Obispo Master List of Historical Resources are in fact historically
significant. Specific criteria for "national register consideration" should be identified for all
recommended type #4 properties.
Property` Address: 1105 George Street.
Property Use: Residence.
Recommended Numeric Ranking: 5
ARCHITECTURAL FACTORS:
1. Style:
Is the structure an excellent example of a distinctive architectural style? '(An excellent example
is a building where the style has not been altered by the introduction of conflicting architectural
elements.)
Yes X No
Is the structure an example of an architectural style seldom seen in San Luis Obispo?
Yes _X No
2. Design:
Does the structure have significant aesthetic appeal because of demonstrated craftsmanship, use
of detailing and execution of style?
x Yes No Represents archetypical modest, working family's home in SLO around
the turn of the century in a residential subdivision.
Does the structure incorporate unique details or architectural features seldom seen in San Luis
Obispo?
_ Yes x No
Was the structure designed by a master architect such as Frank Lloyd Wright?
— Yes X No (If yes, name person
Page 2 -- Documentation of Historical Significance
3. Significance of Building Designer
Was the structure designed by a person. who made significant contributions tot he state or region
such as Julia Morgan?
Yes x No (If yes, name person
Was the structure designed by an architect who, in terms of craftsmanship, made significant
contributions to San Luis Obispo?
_ Yes x No (If yes, name person )
Was the structure designed by a "pioneer" architect in the city or county?
Yes x No (If yes, name person )
4. Landmarks
Does the structure have a symbolic importance to the community or is it, a notable community
or neighborhood landmark?
Yes x No
HISTORICAL FACTORS:
1. Residents or Tenants
Was the structure occupied by a significant community leader -- eg. mayor or congressman?
Yes x No (If yes, name person
Was the structure occupied by a community or public servant who made early, unique or
outstanding contributions to important local affairs?
_ Yes _ y No (If yes, name person )
Was the structure occupied by a person with fame or outstanding recognition at the local,
regional, state or national level?
Yes x No (If yes, name person )
Page 3 Documentation of Historical Significance
Was the structure occupied by a person or persons (eg. families) that made important
contributions to the community?
Yes X No (If yes, name person(s) )
Was the structure occupied by a business or public agency that made significant contributions
to the historical development of the community?
_ Yes x No (If yes, identify business )
2. Historical Events
Was the structure or site involved in a landmark, famous, or first -of -its -kind event?
Yes _ x No (If yes, identify event
Did the structure or site make unique or interesting contributions to the history of the city (eg.
the Chinese - American cultural activities)?
_ Yes X No
3. Historical Context
Was the structure directly associated with early, first, or major patterns of local history (eg. the
County Museum)?
_ Yes X No
Was the structure directly associated with secondary patterns of local history?
X Yes No Associated with the devlopment of the Railroad and with suburban
development in San Luis Obvispo.
Does the structure occupy its original site?
x Yes No
Prepared By: Jeff Hook, Secretary to the Cultural Heritage Committee
Date: May 18, 1993
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