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HomeMy WebLinkAbout8200-8224RESOLUTION NO. 8224 (1993 SERIES) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ANNUAL CLAIM FOR LOCAL TRANSPORTATION FUNDS AND STATE TRANSIT ASSISTANCE FUNDS. WHEREAS, the San Luis Obispo Council of Governments ( "SLOCOG ") has allocated $995,263 of Transportation Development Act subventions to the City of San Luis Obispo ( "the City ") for approved transportation programs and projects; and WHEREAS, to receive this money, the City must file a claim with SLOCOG to receive this money; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: to approve the Annual Claim for Local Transportation Funds and State Transit. Assistance Funds 2. to authorize the Transit Manager to execute the claim documents 3. to direct the City Clerk to forward one executed copy of the claim and one certified copy of this resolution to: San Luis Obispo Council of Governments 1150 Osos Street, Suite 202 San Luis Obispo, CA 93401 Upon motion of Council Member Romero seconded by Council Member Roalman, and on the following roll call vote: AYES: Council Members Romero, Roalman, Rappa, Settle and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this 5th day of ATTEST: �I /J W23h October 1993. 101y MRS �� �M a. wlffti. ' 1.8 APPROVED AS TO FORM: v c R 8224 ��� � ��,���' �,,�� k �`� �� �ceN / J }� ,�� r��V J .v .. .... ',... ! �:: . .. � 1:� RE.,-_ .UTION NO. 8223 (1993. 011� IES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING ADOPTION OF ZERO TOLERANCE OF GANG ACTIVITIES Be it resolved by the Council of the City of San Luis Obispo as follows: WHEREAS, the City of San Luis Obispo is committed. to maintaining a safe community for its residents and visitors; and WHEREAS, the community seeks to encourage positive lifestyle choices for its youth; and WHEREAS, the City Council, along with the community, Public Safety staff, and community service and youth organizations, will not tolerate gang activity, particularly senseless acts of violence; and WHEREAS, the City Council has committed scarce resources to D.A.R.E., Neighborhood Watch, Graffiti Removal, and other Police Department programs to deter gang activity; and WHEREAS, recent gang violence has re- emphasized the continuing need for community- initiated, grass roots efforts such as Neighborhood Watch and aggressive enforcement action to deter gang activity; and WHEREAS, quick action by concerned community members and Public Safety staff have resulted in the prompt arrest of suspects in these recent incidents, and WHEREAS, quick action by concerned community members and Public Safety staff is essential to send a clear message that acts of violence will not be tolerated; and WHEREAS, all the San Luis Obispo County law enforcement agencies have joined in the fight to take prompt and professional action in apprehending criminal suspects; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo does fully recognize and commend the community and its Police Department for their continuing effort to deter and prompt action to further diminish gang violence. AND, BE IT FURTHER RESOLVED, that the City Council does hereby declare the City of San Luis Obispo a zero tolerance zone —gang violence will not be abided. PASSED AND ADOPTED this 21st day of September , 1993, by the following vote: AYES: Council Members Romero, Rappa, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 21st day of September 1993. !� •' ATTEST: R -8223 RESOLUTION NO. 8222 (1993 SERIES) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL ADJUSTING RATES FOR SOLID WASTE COLLECTION AND DISPOSAL EFFECTIVE OCTOBER 1, 1993 AND SUPERSEDING RESOLUTION NO. 7021 WHEREAS, on January 19, 1993 the San Luis Obispo County Board of Supervisors approved a 14.5% increase in landfill tipping fees; and WHEREAS, it is necessary to pass through this cost increase to City solid waste disposal rates; and WHEREAS, in compliance with the City Municipal Code Section 8.04.070 all developed properties in the City must use the City's solid waste collection and disposal service; and WHEREAS, use of the City solid waste collection and disposal service is indicated and tracked by regular payment of a bill for service. THEREFORE, BE IT RESOLVED by the San Luis Obispo City Council . as follows: 1. Effective October 1, 1993 the rates for solid waste collection and disposal shall be those listed on the attached rate schedule dated October 1, 1993 and incorporated here by reference. These rates shall be applied to all service bills issued after October 1, 1993. 2. Effective January 1, 1994 customers participating in the Orange Bag service shall be billed a base fee of $2.00 per month. 3. Upon passage, this resolution shall supersede Resolution No. 7021 (1991 Series). 4. The City clerk shall furnish copies of this resolution, as executed, to _the Finance department, Utilities department and San Luis Garbage Company. On motion of Romero seconded by Rappa , and on the following roll call vote: AYES: Council Members Romero, Rappa, and Settle NOES: Council Member Roalman and Mayor Pinard ABSENT: None R -8222. Resolution No. 8222 (1993 Series) Page 2 The foregoing resolution was passed and adopted this 21st day of September , 1993. Mayor Pf# Pinard Attest: rw40-Q&I =-IA c I/ C C CITY OF SAN LUIS OBISPO RATE SCHEDULE FOR SOLID WASTE COLLECTION AND DISPOSAL 10/1/93 MULTI -UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH) size of container (cubic yards) COLLECTIONS PER WEEK 1 2 3 4 5 6 7 1 $53.00 $78.00 $94.00 $130.00 $163.00 $183.00 $235.00 1.5 61.00 89.00 112.00 148.00 176.00 192.00 271.00 2 70.00 100.00 130.00 163.00 190.00 203.00 309.00 3 87.00 123.00 169.00 217.00 283.00 305.00 411.00 4 104.00 157.00 222.00 302.00 377.00 408.00 509.00 6 142.00 218.00 305.00 452.00 521.00 575.00 679.00 8 183.00 269.00 408.00 603.00 752.00 814.00 919.00 The rates stated above for dumpster containers shall include the monthly container rental fee. COMMERCIAL GARBAGE CANS (PER MONTH) number of cans COLLECTIONS PER WEEK 1 2 3 4 5 6 7 1 $11.00 $19.00 $27.00 $31.00 $33.00 $36.00 $41.00 2 13.00 27.00 36.00 40.00 43.00 47.00 55.00 3 18.00 33.00 45.00 48.00 52.00 55.00 65.00 4 21.00 38.00 53.00 57.00 62.00 67.00 79.00 5 25.00 43.00 60.00 66.00 73.00 79.00 94.00 6 28.00 48.00 67.00 75.00 84.00 93.00 108.00 7 32.00 55.00 74.00 86.00 96.00 104.00 123.00 8 35.00 60.00 62.00 94.00 106.00 118.00 137.00 9 39.00 65.00 89.00 102.00 116.00 129.00 153.00 10 42.00 70.00 97.00 113.00 128.00 142.00 167.00 Maximum volume and weight per garbage can: 35 gallons and 80 pounds Additional charge per can per collection: $3.00 V Rate Schedule for Solid Waste Collection and Disposal - .10/1/93 Page 2 COMMERCIAL WASTE WHEELER CONTAINERS (PER MONTH) number Of containers COLLECTIONS PER WEEK 1 2 3 4 5 6 7 1 $19.00 $27.00 $33.00 $45.00 $56.00 $63.00 $82.00 2 36.00 54.00 65.00 90.00 113.00 127.00 163.00 3 42.00 61.00 78.00 101.00 123.00 134.00 188.00 4 48.00 69.00 90.00 113.00 131 M 141.00 214.00 5 55.00 76.00 103.00 131.00 164.00 176.00 249.00 6 60.00 86.00 118.00 151.00 196.00 212.00 284.00 7 66.00 96.00 135.00 181.00 229.00 248.00 318.00 8 73.00 108.00 154.00 209.00 262.00 283.00 352.00 9 79.00 118.00 168.00 235.00 286.00 311.00 424.00 10 86.00 129.00 183.00 262.00 312.00 339.00 494.00 11 93.00 140.00 197.00 287.00 336.00 369.00 565.00 12 99.00 151.00 212.00 313.00 361.00 398.001 637.00 In addition to the collection rates stated above for waste wheeler containers, there shall be charged a monthly rental fee for each container. COMMERCIAL DUMPSTER CONTAINERS (PER MONTH) size of container (cubic yards) COLLECTIONS PER WEEK 1 2 3 4 5 6 7 1 $39.00 $59.00 $70.00 $97.00 $123.00 $137.00 $176.00 1.5 46.00 67.00 84.00 109.00 133.00 144.00 203.00 2 53.00 74.00 97.00 122.00 142.00 153.00 231.00 3 65.00 93.00 128.00 163.00 212.00 229.00 306.00 4 79.00 118.00 167.00 226.00 283.00 305.00 383.00 6 107.00 163.00 229.00 338.00 391.00 431.00 509.00 8 137.00 202.00 305.00 452.00 565.00 611.00 689.00 The rates stated above for dumpster containers shall include the monthly container rental fee. CI Rate Schedule for Solid Waste Collection and Disposal - 10/1 /93 Page 3 n U UNSCHEDULED EXTRA COLLECTIONS FOR COMMERCIAL CUSTOMERS AND MULTI -UNIT RESIDENTIAL DUMPSTER CUSTOMERS $13.00 1 cubic yard (minimum charge) $17.00 2 cubic yards $25.00 3 cubic yards $34.00 4 cubic yards SINGLE FAMILY and MULTI -UNIT RESIDENTIAL VOLUME -BASED RATES ECONOMY RATE $1.00 per special 33- gallon bag distributed by San Luis Garbage Company (Payable when bags are issued) STANDARD RATE $13.40 per month for one wastewheeler container collected once each week PREMIUM RATE $18.25 per month for up to one cubic yard (six standard garbage cans) collected once each week Maximum volume and weight per garbage can: 35 gallons and 80 pounds SERVICE AWAY FROM THE STREET CURB $4.00 additional per month per can or container EXTRA COLLECTIONS ON REGULAR COLLECTION DAY WITH GARBAGE TRUCK $1.50 per standard garbage can or equivalent volume (Not available for economy service customers) LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (phone call required) $5.00 per trip plus $1.50 per extra garbage can or equivalent volume (Not available for economy service customers) Rate Schedule for Solid Waste Collection and Disposal -10/1 /93 Page 4 EXTRA COLLECTIONS WITH PICKUP OR FLATBED TRUCK (phone call required) $11.00 per trip plus: $1.50 per garbage can or equivalent volume (amounts over six cans by quotation) $10.00 per appliance $3.00 per piece of furniture $1.50 per mattress or boxspring (Economy service customers must pay in advance.) { t .� ('ti1 v �� ��� T �RL��, �,� � � ���� � RESOLUTION NO. 8221 (1993 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING THE EDNA -ISLAY SPECIFIC PLAN LAND USE MAP CHANGING THE DESIGNATION OF PROPERTY AT 4058 BROAD STREET FROM NEIGHBORHOOD COMMERCIAL TO SERVICE-COMMERCIAL/LIGHT-INDUSTRIAL WHEREAS, the Planning Commission and the City Council have held public hearings on the proposed amendment in accordance with the California Government Code; and WHEREAS, the potential environmental impacts of the amendment have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines; NOW, THEREFORE, the Council resolves as follows: SECTION 1. Findin . The amendment maintains specific plan and general plan internal consistency and promotes the public health, safety and welfare. SECTION 2.. Environmental Determination. An initial environmental study concludes that, with mitigation, the project will not have any significant adverse impacts on the environment (ER 51 -93). The Council hereby approves a mitigated negative declaration. SECTION 3. Adoption. The Edna -Islay Specific Plan land use map is hereby amended as shown on the attached Exhibit A. The Community Development Director shall cause the change to be reflected in the documents published by the City. R -8221 Resolution No.8221(1993 Series) Specific Plan Amendment - SP 51 -93 Page 2 On motion of Roalman , seconded by Settle and on the following roll call vote: Ayes: Council Members Roalman, Noes: None Absent: None Settle, Rappa, Romero, and Mayor Pinard the foregoing resolution was passed and.adopted this 21st day of September , 1993. Mayor eg Pinard ATTEST: ffljff,�Te'�k iD -ianL R: G., .,L'Well - APPROVED: i y At orne city Of J EXHIBIT A mw san Luis oBispo EDNA -ISLAY SPECIFIC PLAN AMENDMENT SP 51 -92 CP93 -23 n �� n1 �ru RESOLUTION NO. 8220 (1993 Series) A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP CHANGING THE DESIGNATION OF PORTIONS OF PROPERTY AT 4058 BROAD STREET FROM LOW DENSITY RESIDENTIAL TO SERVICE - COMMERCIAL /LIGHT - INDUSTRIAL WHEREAS, the Planning Commission and the City Council have held public hearings on the proposed amendment in accordance with the California Government Code; and WHEREAS, the potential environmental impacts of the amendment have been evaluated in accordance with the California Environmental Quality Act and the City's Environmental Guidelines; NOW, THEREFORE, the Council resolves as follows: SECTION 1. Findin . The amendment maintains general plan internal consistency and promotes the public health, safety and welfare. SECTION 2. Environmental Determination. An initial environmental study concludes that, with mitigation, the project will not have any significant adverse impacts on the environment (ER 51 -93). The Council hereby approves a mitigated negative declaration. SECTION 3. Adoption. The General Plan Land Use Element map is hereby amended as shown on. the attached Exhibit A. The Community Development Director shall cause the change to be reflected in the documents published by the City. R -8220 Resolution No.8220 (1993 Series) General Plan Amendment - GP 52 -93 Page 2 On motion of Roalman , seconded by 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 passed and adopted this 21st day of September , 1993. Mayor eg Pinard ATTEST: �• r IerkDiane ne dwell APPROVED: •i Att rney city of -, EXHIBIT A san Luis oBIspo GENERAL PLAN AMENDMENT GP 52 -93 FROM LOW DENSITY RESIDENTIAL TO SERVICE COMMERCIAL /LIGHT - INDUSTRIAL CP93 -22 r U\ 0 INJI u I- Resolution No. 8219 (1993 Series city of sAn luis oximspo Resolution of A PpRcciAtion expres* the City s gratitude to Jim Stoddon for his accomplishments, dedication and contributions to the citizens of the City of San Luis Obispo. Lawrence James Stockton, has been a steadfast employee with the City of San Luis Obispo for over thirty-six years includirw seventeen years as the Director of the San Luis Obispo Recreation Department, and WHEREAS, Tim has been essential in securing over $3.5 million in grants from the United States Government and the State of California through a competitive application process for the acquisition; development restoration and rehabilitation of parkland, recreation facilities, playgrounds and open space, and WHEREAS, during his tenure as director he has been instrumental in adding over fifteen parks, recreation or joint use facilities to the holdings of the City of San Luis Obispo; and WJ EREA$ he has compassionately guided the restoration and preservation of the Jack House and Gardens; and WHEREAS, with foresight to the needs of this community Jun has with dedication channeled citizen enthusiasm to develop the Sinsheimer Park sports complex consisting of the Swim Center, Baseball Stadium, Tennis Courts, jogging trails and a multitude of recreational .amenities; and WHEREAS, he has, hampioned the development and operation of recreation Opportunities improving the quality of life in this community for innumerable tots, children, teens, adults and seniors for participation as individuals and as families; and WHEREAS, his guidance has been available to Parks and Recreation Commissioners, Jack House and Joint Use Committee members at over 1000 meetings; and 97IEREAS, his culinary talents with an expertise in barbecues have been generously lavished on program participants and City officials throughout his reign. NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo does hereby express its appreciation and gratitude to Tun Stockton for his numerous contributions to the citizens of this community, and wish him a blessed and well deserved retirement On motion of Settle , seconded by Romero and on the following roll call vote: AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor NOES: None Pinard ABSENT. • None the foregoing resolution was passed and adopted this 21st day o September, 1993 STED B : Maor ee Pinard Q. A5Jq RESOLUTION NO. 8218 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE DEFERRAL OF PARK -IN -LIEU AND WATER ACREAGE FEES FOR VILLA ROSA (TRACT 2066), AT 843 MUTSUHITO AVENUE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Finding. That this council, after consideration of the staff report and the applicants' statements, makes the following finding: 1. Allowing payment of park -in -lieu and water acreage fees.on an incremental basis meets the intent of condition 10 of Resolution 7031 (1991 series) and consequently, of the development agreement for Tract 2066. SECTION 2. Action. Staff is hereby authorized to accept incremental payments of park -in -lieu and water acreage fees; for the Villa Rosa project (Tract 2066), with the issuance of building permits for each phase of development, subject to the following condition: 1. Fees will be increased by the percent change in the Consumer Price Index (all urban consumers: Los Angeles, Anaheim, Riverside area) from September of 1993 through the most recent month for which this information is available . at the time of building permit issuance. R -8218 Resolution No. 8218 (1993 series) Villa Rosa fee deferral 843 Mutsuhito Street Page 2 On motion Of Council Member Roalman seconded by Mayor Pinard and on the following roll call vote: AYES: Council Member Roalman, Mayor Pinard, Council Member Romero NOES: Council Members Rappa and Settle ABSENT: None the foregoing resolution was passed and adopted this 21st day of September , 1993. ATTEST: 1 y Clerk Dian Gladwell APPROVED: 'U al RESOLUTION NO.8217 (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO 1360 (UNIT 3) (Mid -Coast Land Co., Subdivider) WHEREAS, the City Council made certain findings concerning Tract 1360 contained in Resolution No. 6484 (1988 Series), and WHEREAS, The subdivider has paid $ 16,000 to the City for design of the future Community Building as set forth in the phasing plan for E. A. French Park, referenced in Condition 13 of the said resolution, and WHEREAS, all other conditions required per Resolution No. 6484 (1988 Series) for Tract No. 1360 (Unit 3) have been met and /or are guaranteed under a Subdivision Agreement and bonds for Faithful Performance and Labor & Materials. NOW THEREFORE BE IT RESOLVED that final map approval is hereby granted for Tract No. 1360 (Unit 3) and the Mayor is hereby authorized to execute the Subdivision Agreement. The City is responsible for the design of the future E. A. French Park Community Building. On motion of Roalman , seconded by Settle and on the following roll call vote: AYES: Council Members Roalman, Settle, Rappa, Romero, and Mayor Pinard NOES: None ABSENT: None R -8217 Resolution No. 8217 (1993 Series) Page Two. the foregoing Resolution was passed and adopted this 21st day of Sept. , 1993. MAYOR feg Pinard ATTEST: CIT CLERK Diane Gladwell APPROVED AS TO FORM: (tileeAttorn y G : \WP51 \DReview \Misc \T1360(3).FM a STANDARD SUBDIVISION AGREEMENT THIS AGREEMENT is dated this day of So b6- by and between Mid -Coast Land Co., Inc. herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the "City." RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on the final map of Tract 1360 (Unit III), City of San Luis Obispo, California, as approved by the City Council on the day of 19 The Subdivider desires that said Tract 1360 (Unit III) be accepted and approved as a final map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 17 of the San Luis Obispo Municipal Cod),and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1 •'� � 1, �� 1.' CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. DRAINAGE STRUCTURES 5. ORNAMENTAL METAL ELECTROLIERS 6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said.City Engineer. The lines and grades for all of said improvements shall be established by or under the direction of the Subdivider's Engineer of Record in accordance with said approved plans and specifications, who shall update plans during construction and provide "as- built° or record plans to the City at the end of construction, prior to release of bond or acceptance of the improvements. The Subdivider agrees to include the cost of this work in the contract for the design work with the project engineer, and shall advise the Engineer of Record when construction begins. The Subdivider agrees to inform the City in writing vithin ten (10) days of any reassignment of engineering responsibilities. Said notice shall include letters of concurrence from both the E Engineer of Record releasing responsibility and of the new engineer accepting responsibility. The Subdivider agrees that the work of installing the above . improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within eighteen (18) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of California. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions, established by the Planning Commission and /or the City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section corners and retracement of section lines within the Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land 0 L' Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, an instrument of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instrument of credit or bond is in the amount of $490,000.00, which is the amount of the estimated. cost of said improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. 4 a If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, at its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. The Subdivider agrees to deposit with the City a labor and materials bond in the amount of 50% of the above described subdivision.improvements in accordance with State law. Said Subdivider has paid the sum of $11,670.00, from which the City will pay the salary and.expenses of an inspector or inspectors to inspect the installation of said. subdivision improvements. Upon completion of the work, the Subdivider shall submit written certification that the work has been completed in accordance with the plans and specifications and requests acceptance of the work by the City. The Subdivider shall provide and install all street name signs, traffic control signs and striping per City and State regulations. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. 5 0 It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. IN WITNESS WHEREOF, this agreement has been executed by: CITY OF SAN LUIS OBISPO SUBDIVIDER Mid -Coast Land'Company, Inc. (Re4 2�� ,Secretary MAYOR eg Pinard ame le ,, Exec.Vic.e Pres. am & itle ATTEST: T CLERK biane Gladwell APPROVED AS TO FORM: ,ditly Att _y _ _ hb4/C1360agr by NA July 20, 1993 EXHIBIT 1 TRACT 1360 - UNIT III SUBDIVISION AGREEMENT 1. The Subdivider has deposited a monumentation guarantee in the amount of $4,525.00 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating they have completed the work and have been paid. 2. The Subdivider shall inform lot buyers of the possibility of building permit delay based on City's water shortage per Condition 28 of Resolution No. 6484 (1988 Series). 3. Park -in -lieu fees are not required for Tract 1360 (Unit 3) since a park was dedicated in Tract 1235, which also fulfilled park dedication requirements for this tract. 4.. The development of the subdivision must be in accordance with the Edna -Islay Specific Plan, per Condition 2 of Resolution No. 6484 (1988 Series). 5. Subdivider shall provide for payment of $750.00 to the City through escrow for each dwelling unit as a park development fee. These payments are payable prior to occupancy releases or property transfers in lieu of filing liens as prescribed in Condition 13 of Resolution No. 6484 (1988 Series). Terms and conditions of escrow to be in a form and content satisfactory to the City Attorney. 6. water acreage and sewer lift station fees were paid per Condition 15 of Resolution No. 6484 (1988 Series) as noted in Exhibit 2. 7. Subdivider shall improve with erosion protection an all- weather access road and noise barrier zone adjacent to the railroad right -of -way, and make provisions for the Homeowner's Association to maintain it upon final approval by City. 8. The Subdivider has paid for design of restroom and community building for park improvements for E.A. French Park per the approved phasing plan for Park Phase 5 (Tract 1360 - Phase III). ($11,400.00 x 149.5/121.7 = $14,000 updated per CPI.) Payment of this relieves the Subdivider of any further responsibility for this building design. 7 EXHIBIT 2 TRACT 1360 — PHASE III FEE AND BOND LIST Bonds & Guarantee PRIOR TO FINAL MAP: $ 53,713.78 Future Fees• L Park Development: Fee* $ 750.00 per lot 'To be paid prior'to building permit fmal or through escrow of each lot. (See Item 5, Exhibit 1) "(See Exhibit 1, Item 10) 8 Amount Form of Sur etv Received L Faithful Performance $490,000.00 Dico Bond #1297725 Recd 9/1/93 2. Labor & Materials $245,000.00 Dico Bond #1297725 Reed 9/1/93 3. Monumentation Trust Guarantee $ 4,525.00 C/D #66085 (MSB) Recd 9/1/93 pees: Account Number. 1. Map Check Fee $ 3,217.00 100 -55- 210 -Ml Paid 6/14/93 2. Plan Check Fee $ 6,126.00 100 -55- 210 -462 Paid 6/14/93 & 7/7/93 3. Construction Inspection Fee $ 11,66757 100 -55- 210 -462 Paid 7/28/93 $576 + 25% of $44,063 4. Sewer lift Station Fee $ 4,38851 520 -70 -508 -696 Paid 9/1/93 5. Water Acreage Fee $14,314.70 500 -70 -502 -624 Paid 9/8/93 6. Park -in -lieu fee (fulfilled with NR park dedication in Tract 1zM5) 7. Park building design fee" $ 14,000.00 420 -55- 222 -522 Paid 9/1/93 PRIOR TO FINAL MAP: $ 53,713.78 Future Fees• L Park Development: Fee* $ 750.00 per lot 'To be paid prior'to building permit fmal or through escrow of each lot. (See Item 5, Exhibit 1) "(See Exhibit 1, Item 10) 8 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT No. 5193 State of 1? 19 % FO.GAJ r f County of Swki ��sG�: s�oa On u 19 94 IQF3 before me, 6- s,�� i�tN4 , DAT9 NAME. TITLE OF OFFICER - E.G., "JANE DOE, NOTARY PUBLIC" - personally appeared T'� �OCCJ /EK ti NAMES) 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) is /are OFFICIAL SEAL TERRY SETTING • ® NOTAR,, SLIC CALIFORNIA $AN LUIS OBLSP0 COUNT My Comm E -a +� 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) 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. THIS CERTIFICATE MUST BE ATTACHED TO THE DOCUMENT DESCRIBED AT RIGHT: L. rfhough the data requested here is not required by law, it could prevent fraudulent reattachment of this form. TITLE OR TYPE OF DOCUMENT, ® OPTIONAL SECTION � CAPACITY CLAIMED BY SIGNER Though statute does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL ❑ CORPORATE OFFICER(S) TITLE(S) ❑ PARTNER(S) ❑ LIMITED [:]GENERAL ❑ ATTORNEY -IN -FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE r)1Q93 NATIONAI Nr1TARV ARRnCIATI()N - A93A RAmmwt Ave.. P.O. RnY 7184 - Cannna Park. CA 91309.7194 ,y W C W S W J 0. a F STATE OF CALIFORNIA COUNTY OF LOS ANGET.F._S SS. On AUGUST 26, 1993 before me. FRANCES E. MAGANA PERSONALLY APPEARED CAROL ANN ROSENBLUM personally known to me (or provided 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. WITNESS my h d and official seal. �Signatur " A ID 081 10192 Thi. area /or Offmal Notarial Sro1 6 I ;.; Po The-lnsco /Dico Group BOND NO: 1297725 PREMIUM INCLUDED IN PERFORMANCE BOND. SUBDIVISION IMPROVEMENTS LABOR AND MATERIAL BOND KNOW ALL MEN BY THESE PRESENTS: That we, MID COAST LAND, INC. as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general surety business in the State of California as Surety, are held and firmly bound unto CITY OF SAN LUIS OBISPO as Obligee, in the sum of TWO HUNDRED FORTY FIVE THOUSAND AND N01100 ($245.000.00 * * * * * * * *) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, has entered into an agreement or agreements which are made a part of this bond, with the CITY OF SAN LUIS OBISPO as Obligee for the improvements in the subdivision designated as (Tract/ Parcel) Map No. as required by the Government Code of California. NOW THEREFORE, the condition of this obligation is such, that if the above Principal fails to make payment to any contractor, his subcontractors, or to persons renting equipment or furnishing labor and materials to them for the improvement required by said agreement or agreements, the Surety on this bond will pay the same, in an amount not exceeding the sum specified in this bond. This bond is executed and filed to comply with Section 66499 through and including Section 66499.10 of the Government Code of California as improvement security, and shall inure to the benefit of any and all contractors, their subcontractors and persons renting equipment or furnishing labor or materials to them for the improvement. Notice of extension of time for completion is waived by the 1 Surety. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at GLENDALE California, this 26TH day of AUGUST 19 93 "PRINCIPAL" MID COAST LAND, INC. J FORM ID112 REV. 9184 COMPANY r ` Attorney -in -Fact 17780 FITCH, #200 IRVINE, CA 92714 (4 (714) 263 -3300 GALIFVIiN1A ALL- PVRPVII: AVKNVWLr.UUMICPI I No. 5193 State of e� 'aL; tbowm County of SAW I Qi s 66 ;spa On Ali Al /993 455 before me, RA , DATE NAME, TITLE OF OFFICER - E.G., -JANE DOE, NOTARY PUBLIC" personally appeared �0��� Wl&e— , NAME(S) OF SIGNERS) 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 ac- knowledged to me that he /she /they executed the same in his /her /their authorized =AVO L �2 "" capacity(.ies), and that by his /her /their ETTIN - signature(s) on the instrument the person(s), CALIFORNIA or the entity upon behalf of which the po GOUNTy S AUg. 26. �99a person(s) acted, executed the instrument. WITNESS my hand a nd official seal, SIGNATURE NOT Y ornoN ON THIS CERTIFICATE MUST BE ATTACHED TO TITLE OR TYPE OF DOCUMENT THE DOCUMENT DESCRIBED AT RIGHT: Though the data requested here is not required by law, it could prevent fraudulent reattachment of this form. o OPTIONAL SECTION CAPACITY CLAIMED BY SIGNER Though stable does not require the Notary to fill in the data below, doing so may prove invaluable to persons relying on the document. ❑ INDIVIDUAL E] CORPORATE OFFICER(S) -- 'TITLE(S) PARTNER(S) ❑ LIMITED GENERAL E] ATTORNEY -IN -FACT TRUSTEE(S) GUARDIAN /CONSERVATOR OTHER: SIGNER IS REPRESENTING: NAME OF PERSON(S) OR ENTITY(IES) NUMBER OF PAGES DATE OF DOCUMENT SIGNER(S) OTHER THAN NAMED ABOVE A1001 NATir)mAI MnTARV AccnclATlnnl - A93A Rnmmat AVA.. P Q. Rn: 7194 - Canona Park- CA 91309 -7184 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. On AUGUST 26. 1993 before me, FRANCES E. MAGANA PERSONALLY APPEARED CAROL ANN ROSENBLUM w personally known to me (or provided to me on the basis of satisfactory C W evidence) to be the person(s) whose name(s) is /are subscribed to the = within instrument and acknowledged to me that he /she /thev executed 'ty the same inhis/ her /their authorized capacity(ies), and that by his/her/ a their signature(s) on the instrument the person(s), or the entity upon G behalf of which the person(s) acted, executed the instrument. e F WITNESS my hand and official seal. Signatu !� uv ID 081 10/92 t•t t. .... .,c...nonoo: �ie� E. :..c;....ru., ..a ATY 4444VVVVVVVVVrVVVV�VVVVV4JV VV.J�V> This arra far Official Notarial Seal I 4ins' The Insco /Dico Group DW BOND NO: 1297725 INITIALPREMIUM: $7,840.00/2YRS SUBJECT TO RENEWAL. SUBDIVISION IMPROVEMENTS PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, MID COAST LAND, INC. as Principal, and DEVELOPERS INSURANCE COMPANY, a corporation organized and doing business under and by virtue of the laws of the State of California and duly licensed to conduct a general.'surety business in the State of California as Surety, are held and firmly bound unto CITY OF SAN LUIS OBISPO as Obligee, in the sum of FOUR HUNDRED NINETY THOUSAND AND NO/ 100 ($490. 000- 00 * * * * * * * *) Dollars, for which payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal, as a condition of the filing of the final subdivision map of (Tract/ Parcel) Map No 1360 -3 entered into an agreement or agreements with said Obligee to complete the improvements specified in said agreement or agreements. NOW THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof or of any extension of said term that may be granted by the Obligee with or without notice to the Surety, this obligation shall be void, otherwise it shall remain in full force and effect. IN WITNESS WHEREOF, the seal and signature of said Principal is hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney -in -Fact at GLENDALE California, this 26TH day of AUGUST 19 93 "PRINCIPAL" MID COAST LAND, INC. t �? i� r 2? FORM IDI I3 REV. 9/94 "S U DEVE P RS INS ' NCE CO ANY ' . BY: - ZAROL -ANN RVEPLUM _ Attorney -in -Fact R4}j 17780 FITCH,,9f20O IRVINE, CA 92714 Q 952= (714) 263 -3300 'J) POWER OF ATTORNEY OF Ik.EMNITY COMPANY OF CALIFOk._.iA AND DEVELOPERS INSURANCE COMPANY N2 131594 P.O. BOX 19725, IRVINE, CA 92713 • (714) 263 -3300 NOTICE: 1. All power and authority herein granted shall in any event terminate on the 31st day of March, 1996. 2. This Power of Attorney is void if altered or if any portion is erased. 3. This Power of Attorney is void unless the seal is readable, the text is in brown ink, the signatures are in blue ink and this notice is in red Ink. 4. This Power of Attorney should not be returned to the Attorney(s) -In -Fact, but should remain a permanent part of the obligee's records. KNOW ALL MEN BY THESE PRESENTS, that, except as expressly limited, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, do each severally, but not jointly, hereby make, constitute and appoint ** *GARY R. PETERSON, E. E. CRISTIANO, CAROL ANN ROSENBLUM, MARGARITA I. LOPEZ, FRANCES E. MAGANA, JOINTLY OR SEVERALLY * ** the true and lawful Attorney(s) -in -Fact, to make, execute, deliver and acknowledge, for and on behalf of each of said corporations as sureties, bonds, undertakings and contracts of suretyship in an amount not exceeding Two Million Five Hundred Thousand Dollars ($2,500,000) in any single undertaking; giving and granting unto said Attorney(s) -In -Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation; and all of the acts of said Attorney(s) -In -Fact, pursuant to these presents, are hereby ratified and confirmed. The authority and powers conferred by this Power of Attorney do not extend to any of the following bonds, undertakings or contracts of suretyship: Bank depository bonds, mortgage deficiency bonds, mortgage guarantee bonds, guarantees of installment paper, note guarantee bands, bonds on financial institutions, lease bonds, insurance company qualifying bonds, self- insurer's bonds, fidelity bonds or ball bonds. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Boards of Directors of INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY, effective as of September 24,1986: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby Is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporation, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assis- tant Secretary of the corporation be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall be valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is attached. IN WITNESS WHEREOF, INDEMNITY COMPANY OF CALIFORNIA and DEVELOPERS INSURANCE COMPANY have severally caused these presents to be signed by their respec- tive Presidents and attested by their respective Secretaries this 1st day of April, 1993. INDEMNITY COMPANY OF CALIFORNIA By V Da a F. Vincenti, Jr. PAMr President O ATTEST a OCt.4 1887 0 rropp���?a Walter Crowell Secretary STATE OF CALIFORNIA) ) SS. COUNTY OF ORANGE ) DEVELOPERS INSURANCE COMPANY By V Dan F. Vincenti, Jr. President ATTEST By A�044ez Walter Cowell Secretary S tNSUgq ar�PGW 01?4 ' "'. O ` MAR. 2T, �0 O n 1078 i On April 1, 1993, before me, Tiresa Taafua, personally appeared Dante F. Vincenti, Jr. and Walter Crowell, personally known to me (or provided 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. WITNESS my hand and official seal. Signature " V =_Lou � ..�. OFFICIAL SEAL TIRESA TAAFUA NOTARY PUBLIC - CALIFORNIA • PRINCIPAL OFFICE IN ORANGE COUNTY My Comrtiasion Exp. Aug. 4, 1995 5 CERTIFICATE 0400- The undersigned, as Senior Vice President of INDEMNITY COMPANY OF CALIFORNIA, and Senior Vice President of DEVELOPERS INSURANCE COMPANY, does hereby certify that the foregoing and attached Power of Attorney remains in full force and has not been revoked; and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth In the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, this 26TH day of AUGUST , 1993 . INDEMNITY COMPANY OF CALIFORNIA JP ANt DEVELOPERS INSURANCE. COMPANY O OA, 9�Nafl R9 ^r /- / Lrr ��0e` °pPOR4�f o ,// 4.p°°pPOR4tti� B �_ /�li� G, �J / z OCT. A T JL `* o n iiii 11, l�V�/ -� MAR. 2T. o By C. Fiebiger ' d ' IOC7 L. By ` L.C. Fiebiger Ie7e Senior Vice President 'ji rrroa+ ��? Senior Vice President I0-310 REV. 4/93 ,>> �� � �� �� � ��7 J` � � G, �� ��� �� ��� �� ��, N Recording requested by and when recorded mail to: City Clerk City of San Luis Obispo P. O. Box 8100 San Luis Obispo, CA 93403 -8100 RESOLUTION NO. 8216 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO FINDING AND DETERMINING THAT MILL STREET, BETWEEN NIPOMO STREET AND BROAD STREET, IS UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES AND ORDERING -ITS ABANDONMENT, SUBJECT TO RESERVATION OF PUBLIC UTILITY EASEMENTS AND OTHER CONDITIONS BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. In accordance with the public hearing duly held on October 6, 1992, pursuant to Section 8300 et seq. of the California Streets and Highways Code, this Council finds and determines that Mill Street, between Nipomo Street and Broad Street, as described and shown on the map marked Exhibit "A", attached hereto and incorporated herein, is not necessary for present or future public street purposes. SECTION 2. This Council hereby orders the abandonment of said right -of -way subject to: A. Reservation of an easement for public utilities over the entire 60 ft. wide right of way. B. Reservation of easements for public sanitary sewer and water mains and appurtenances thereto, drainage, emergency access and public pedestrian and bicycle purposes, over the abandoned right of way, as shown on the attached Exhibit "A ". R -8216 Resolution No: 8216 (1993 Series) Page Two. C. Recordation of a 20 ft. wide common driveway easement agreement which provides for common driveway access in perpetuity to parcels formerly served by the right of way, to the satisfaction of the Community Development Director. D. Installation of standard frontage improvements (curb, gutter, sidewalk and driveway ramp) along with necessary drainage facilities along the Broad Street frontage, to the satisfaction of the City Engineer. E. Installation of public drainage, pedestrian and bikeway improvements to the satisfaction of the Public Works and Community Development Directors. F. Recordation of lot line adjustment, via a Certificate of Compliance, which combines all lots of record, to the satisfaction of the Community Development Director. G. Items C. through F. must be met by October 6, 1994 or this resolution will expire and will be null and void. The easement reservations may be modified by the City Engineer (upon a . determination by the City Engineer that the full easement reservation is not needed for various public easements and public access) prior to recordation of this resolution, subject to approval of plans and installation of such improvements that would allow for such modifications. SECTION 3. Upon notification by the City Engineer that the conditions prescribed in Section 2 have been met, the City Clerk n n Resolution No.8216 (1993 Series) Page Three shall cause a certified copy of this Order of Abandonment, duly attested under the seal of the City, to be recorded in the Office of the Recorder of the County of San Luis Obispo. SECTION 4. This resolution.supercedes Resolution No. 8076 (1992 Series). On motion of Council Member Rapp a seconded by Mayor Pinard , and on the following roll call vote, AYES: Council Member Rappa, Mayor Pinard, Council Member Romero NOES: Council Members Roalman and Settle ABSENT: None the foregoing Resolution was passed and adopted this it day of September , 1993. MAYO eg Pinard ATTEST: T CLERK Diane R Gladwell APPROVED AS TO FORM: gitly Aittotney G: ... \Mist \MilAbXT.wp l , G� /lToff Shy C °r.�tr Tia.c}�. SZ 2 PEACH 57: 5 � 41 r�J00 I � ,ELI' �O p . i5 /d I - ir 11/1$ �/VW ( orner bt s1k.3(0 %3Z/< 3!P Legal Description of Mill Street Abandonment O That certain portion of Mill Street right of way, 60 feet wide, between the prolongation of the westerly line of Broad Street and a line described as follows: Beginning at the northwesterly corner of Block 36 of the Town of San Luis Obispo as recorded in Bk. A of Maps at Page 168, recorded on May 1, 1878 inL the Office of the San Luis Obispo Counmty Recorder; thence, northerly to the most southerly corner of Tract 522, as recorded in Book 8 of Maps at Page 60, in the office of the San Luis Obispo County Recorder. Subject to reservation of the following easements: 1. The entire R/W for public utilities, sewer, water and drainage. 2. The NW'ly half of R/W for public pedestrian, bikeway and emergency access purposes. 3. The NE'ly 195 ft. of the SE'ly 20 ft. of the NW'ly half of R/W for common driveway purposes for Tract No. 522. OA 4 CIVV of IN Saftno i san tuns 0131SPO . �,�Ra,40 ,�'r: TO I�iPvtiJa 5T ��� , � ��,. .� �� ,e,. ���� � �� G o RESOLUTION N0.8215(1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A TWELVE -MONTH TIME EXTENSION FOR TENTATIVE TRACT NO. 2077 AT 145 SOUTH STREET WHEREAS, The subdivider requests a twelve -month time extension to complete processing of the final map; and WHEREAS, reasonable progress has been made toward filing of the final map; and WHEREAS, the circumstances and findings of the original tract approval are unchanged; NOT THEREFORE, the City Council resolves as follows: Section 1. That Tract 2077 is granted a twelve -month time extension, to October 29, 1994, subject to original tract map findings and conditions as specified in City Council Resolution 7045 (1991 Series), attached. On motion of Council Member-Settle Council. Member Romero , and on the following roll call vote: , seconded by AYES:. Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 21 day of September , 1993. R -8215 Resolution No8215(1993 Series) Tract 2077 Page 2 APPROVED: p7 M/0 S CA4 i Gfdwell It n� u . _4. Q6�7 n ��Cc C C�t°�nCti✓ 1 it]rAttdmey < ✓ J N Mayor Peg Pinard �a %jX �� RESOLUTION NO. 8214 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING PARTICIPATION IN THE STATE /FEDERAL SURPLUS PROPERTY PROGRAM WHEREAS, the California State Agency for Surplus Property has been tasked with the responsibility for distributing surplus federal and state property to eligible organizations, and WHEREAS, the City of San Luis Obispo is an eligible organization and wants to participate in this program in order to reduce its cost of operation. NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the officials whose names, titles, and signatures are listed below are hereby authorized as representatives of the City to acquire surplus property from the California State Agency for Surplus Property under the terms and conditions listed in Exhibit A attached ai W - John dprm, City Administrative Officer William C. Statler, Director of Finance Carolyn Do 'nguez, Accounting e na On motion of settle , seconded by Romero and on the following roll call vote: AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES: None ABSENT: None R -8214 Resolution No. 8214 (1993 Series) the foregoing Resolution was passed and adopted this 211 ATTEST: , is Gladwell, City Cl r APPROVED: hffiy 6. Jorg nsen, City Attorney m day of September , 1993. • %' • TERMS AND CONDITIONS (A) THE DONEE CERTIFIES THAT- nExhibi (1) It is a public agency; ora nonprofit institution or organization, exempt from taxation under Section 501 of fhe Internal Revenue Code of 1954; within the meaning of Section 2030) of the Federal Property and Administrative Services Act of 1949, as amended, and the regulations of the Administrator of General Services. (2) If a public agency, the property is needed and will be used by the recipient for carrying out or promoting for the residents of a given political area one or more public purposes, or, if a nonprofit tax -exempt institution or organization, the property is needed for and, will be used by the recipient for educational or public health purposes, including research for such purpose, or for programs for older individuals. The property is not being acquired for any other use or purpose, or for sale or other distribution; or for permanent use outside the.state, except with prior approval of the state agency. (3) Funds are available to pay all costs and charges incident to donation. (4) This transaction shall be subject to the nondiscrimination regulations governing the donation of surplus personal property issued under Title VI ofthe Civil Rights Act of 1964, Title VI, Section 606, of the Federal Propert y and Administrative Services Act of 1949; as amended, Section 504 of the Rehabilitation Act of 1973, as amended, Title IX of the Education Amendments of 1972, as amended, and Section 303 of the Age Discrimination Act of 1975. (B) THE DONEE AGREES TO THE FOLLOWING FEDERAL CONDITIONS: (1) All items of property shall be placed in use for the purpose(s) for which acquired within one year of receipt and shall be continued in use for such purposes) for one year from the date the property was placed in use. In the event the property is not so placed in use, or continued in use, the donee shall immediately notify the state agency and, at the donee s expense, return such property to the state agency, or otherwise make the property available for transfer or other disposal by the state agency, provided the property is still usable as determined by the state agency. (2) Such special handling or use limitations as are imposed by General Services Administration (GSA) on any item(s) of property listed hereon. (3) In the event the property is not soused or handled as required by (B)(1) and (2), title and right to the possession of such property shall at the option of GSA revert to the United States of America and upon demand the donee shall release such property to such person as GSA or its designee shall direct. (C) THE DONEE AGREES TO THE FOLLOWING CONDITIONS IMPOSED BY THE STATE AGENCY, APPLICABLE TO ITEMS WITH A UNIT ACQUISITION COST OFS5,000OR MORE AND PASSENGER MOTOR VEHICLES, REGARDLESS OF ACQUISITION COST, EXCEPT VESSELS 50 FEET OR MORE IN LENGTH AND AIRCRAFT: (1) The property shall be used only for the purpose(s) for which acquired and for no other purpose(s) (2) There shall be a period of restriction which will expire after such property has been used for the purpose(s) for which acquired for a period of 18 months from the date the property is placed in use, except for such items of major equipment, listed hereon, on which the state agency designates a further period of restriction. (3) In the event the property is not soused as required by (C)(1) and (2) and federal restrictions (B)(1) and (2) have expired then title and right to the possession of such property shall at the option of the state agency revert to the State of California and the donee shall release such property to such person as the state agency shall direct. (D) THE DONEE AGREES TO THE FOLLOWING TERMS, RESERVATIONS, AND RESTRICTIONS: (1) From the date it receives the property listed hereon and through the period(s) of time the conditions imposed by (B) and (C) above remain in effect, the donee shall not sell, trade, lease, lend, bail, cannibalize, encumber, or otherwise dispose of such property, or remove it permanently, for use outside the state, without the prior approval of GSA under (B) or the state agency under (C). The proceeds from any sale, trade, lease, loan, bailment, encumbrance, or other disposal of the property, when such action is authorized by GSA or by the state agency, shall be remitted promptly by the donee to GSA of the state agency, as the case may be. (2) In the event any of the property listed hereon is sold, traded, leased, loaned, bailed, cannibalized, encumbered, or otherwise disposed of by the donee from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, without the prior approval of GSA or the state agency, the donee, at the option of GSA or the state agency, shall pay to GSA or the state agency, as the case may be, the proceeds of the disposal or the fair market value or the fair rental value of the property at the time of such disposal, as determined by GSA or the state agency. (3) If at anytime. from the date it receives the property through the period(s) of time the conditions imposed by (B) and (C) remain in effect, any of the property listed hereon is no longer suitable, usable; or further needed by the donee for the purpose(s) for which acquired, the donee shall promptly notify the state agency, and shall, as directed by the state agency, return the property to the state agency, release the property to another donee or another state agency or a department or agency of the United States, sell, or otherwise dispose of the property. The proceeds from any sale shall be remitted promptly by the donee to the state agency. (4) The donee shall make reports to the state agency on the use, condition, and location of the property listed hereon, and on other pertinent matters as maybe required from time to time by the state agency. (5) At the option of the state agency, the donee may abrogate the conditions set forth in (C) and the terms, reservations, and restrictions pertinent thereto in (D) by payment of an amount as determined by the state agency. (E) THE DONEE AGREES TO THE FOLLOWING CONDITIONS, APPLICABLE TO ALL ITEMS OF PROPERTY LISTED HEREON: (1) The property acquired by the donee is on an "as is," "where is" basis, without warranty of any kind. (2) Where a donee carries insurance against damages to or loss of property due to fire or other hazards and where loss of or damage to donated property with unexpired terms, conditions, reservations, or restrictions occurs, the state agency will be entitled to reimbursement from the donee out of the insurance proceeds, of an amount equal to the unamortized portion of the fair value of the damaged or destroyed donated items. (F) TERMS AND CONDITIONS APPLICABLE TO THE DONATION OF AIRCRAFT AND VESSELS (50 FEET OR.MORE IN LENGTH) HAVING AN ACQUISITION COST OF $5,000 OR MORE, REGARDLESS OF THE PURPOSE FOR WHICH ACQUIRED: The donation shall be subject to the terms, conditions, reservations, and restrictions set forth in the Conditional Transfer, Document executed by the authorized donee representative: � �G� � ��� ���� ,k������ +� �3 � �� ��, ,a O RESOLUTION NO. 8213 N (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN.AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND SAN LUIS OBISPO COUNTY FLOOD CONTROL DISTRICT ZONE 9 WHEREAS, the City of San Luis Obispo is a participant in San Luis Obispo County Flood Control District Zone 9; and WHEREAS, the City of San Luis Obispo is eligible for monies for designated repair and maintenance programs in the City creeks. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The certain Agreement attached hereto and incorporated herein by reference between the City of San Luis Obispo and San Luis Obispo County Flood Control District Zone 9 is hereby approved and the Mayor is authorized to execute the same. On motion of Settle , seconded by 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 21st day of Sept. , 1993. 1 MAYOR VG PINARD ATTEST: CLERK -DIANE LADWELL CITY A TORN Y R -8213 wo o C�� A- 66 -93 -CC AGREEMENT BETWEEN SAN LUIS OBISPO COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT ZONE 9 AND THE CITY OF SAN LUIS OBISPO FOR STREAMBED CLEARING PROGRAMS GIANT REED ERADICATION PROGRAM, AND STREAMBED IMPROVEMENT PROGRAM This Agreement entered into the day of rao p -e , 1993, between the San Luis Obispo County Flood Control and Water Conservation District, Zone 9 (hereinafter referred to as "Zone 9") and the City of San Luis Obispo (hereinafter referred to as "City "); W I T N E S S E T H WHEREAS, Zone 9 since its inception, has had a streambed clearing program which encompasses the mainstreams of the San Luis Obispo Creek system; and WHEREAS,, certain reaches of these streams lie within the.City of San Luis Obispo; and WHEREAS, the City has also had a streambed clearance program; and WHEREAS, the program within the City of San Luis Obispo should be more economically performed if one agency accomplished the streambed clearance program; and WHEREAS, such a cooperative program was successfully carried out in the last several fiscal years; and WHEREAS, Zone 9 work has been accomplished with the cooperation of personnel from the California Conservation Corps; and WHEREAS, a continuation of the cooperative program between Zone 9 and the. City could still involve the assistance of the California Conservation Corps; and WHEREAS, it is in the public interest that Zone 9 and the City understand and agree to the services to be performed by each with respect to the streambed clearing program; and WHEREAS, a growth of Giant Reeds in the Zone 9 watershed have proved to be a flood control problem;. and A- 66 -93 -CC WHEREAS, appropriate maintenance management leading to the control and /or eradication of the Giant Reed is necessary; and WHEREAS, it is in the public interest that Zone 9 and the City cooperate on the needed Giant Reed control and /or eradication program; and WHEREAS, the Zone 9 Advisory Committee has considered small improvement projects for erosion control and flood control benefits; and WHEREAS, it is to the mutual benefit of the Flood Control Zone 9 and the City to cooperate on the needed small improvement projects; and WHEREAS; the 1993 -94 budget appropriation includes $87,933 for the streambed clearing program and $5,15.0, for the Giant Reed Eradication Program. WHEREAS, the 1993 -94 budget appropriates $150,000 for small improvement projects. NOW, THEREFORE; in consideration of the mutual covenants, conditions, promises and agreements herein set forth, Zone 9 and City mutually covenant and agree as follows: STREANBED CLEARING AND GIANT. REED ERADICATION PROGRAM: 1. Zone 9 and City will accomplish streambed clearing within the San Luis Obispo Creek watershed with the City being responsible for the prompt and. efficient execution of the entire program within the City limits and Zone 9 being responsible for the prompt and efficient execution of the balance of the program in the unincorporated portion of the zone. 2. Zone 9 will provide funds to the City for the City to accomplish the Giant Reed control and /or eradication program within Zone 9. 3. The City shall be provided not more than $55,000 of the funds budgeted in Zone 9 in the 1993 -94 fiscal year for the streambed clearance program and an additional sum of not more than $2,000 for the Giant Reed control and /or eradication program. O � 7. Consistent with previous practices, there shall bean annual . reconnaissance- survey made by City and County within their respective jurisdictions of needed works and such shall be done reasonably before the rainy season in order that the needed streambed clearing program can be carried out prior to the rainy season with follow -up work done during the rainy season as appropriate. 8. For control of vegetation, principally willows, the streambed maintenance program may be accomplished with the use of State Fish & Game approved herbicides. 9. Within the City of San Luis Obispo, City shall be responsible for acquiring any landowner- permission needed to accomplish the streambed clearing program. The City shall be responsible for acquiring any landowner permission to accomplish the Giant Reed control and /or eradication program. 10. The City shall act as the lead agency in complying with the California Environmental Quality Act for work done within the City limits. 11. Should the streambed clearing program within the City involve the abatement of nuisances, the removal of trees, or the like, such shall be performed in accordance with due process of law under the City's abatement ordinances or State law and shall be the sole responsibility of City. SMALL IMPROVEMENT PROJECTS PROGRAM: 12. Zone 9 shall provide funding up to an amount of $125,000 for the City to accomplish the following improvement projects program: a. Madonna Road Overpass @ San Luis Obispo Creek - Remove gravel from the concrete lined banks to restore to full flow capacity. Estimated cost $20,000. b. Prefumo Creek - Laguna Lake - Remove major silt and debris deposits at the point of creek discharge into Laguna Lake to open up the capacity of the channel.. Estimated.cost $50,000. 1 1 C. Old Garden Creek @ Mountain View - Repair the floor in the culvert. Existing floor is failing. Estimated cost $25,000. d. Mission Trailer Park @ San Luis Obispo Creek - Remove obstructions &.stabilize the banks that have encroached into the channel. Estimated cost $30,000. 13. In the event that City is unable to complete any improvement projects cited above, City shall have the option to substitute improvement project(s) 13.a. and /or 13.b. as requested in Exhibit A. Such substitution(s) shall not cause the total dollar amount to exceed the budgeted amount specified in paragraph 12. a. San Luis Creek behind 464 and 466 Dana Street = Remove obstructions encroaching into the channel and stabilize the bank. Estimated cost $30,000. b. San Luis Creek behind 3546 and 3566 South Higuera - Stabilize the bank and protect the parking lot that runs parallel with the creek. Estimated cost $30,000. 14. City shall provide all design drawings and related services for the small improvement projects which are to be constructed and shall arrange for a consultant to perform the study for the detention dam(s) program. City shall also act as the lead agency in complying with the California Environmental Quality Act. 15. Zone 9 shall reimburse City for not more than $125,000 for said small improvement project program and any expenditures made by City in excess of that amount shall be paid at the sole.expense of City. 16. Maintenance. City shall maintain all completed, works at no cost to Zone 9. 17. ownership_ and Liability. City shall assume ownership and liability for the completed works. i10 GENERAL TERMS: 0 18.. Term. This agreement will commence on July 1, 1993 and terminate on June.30, 1994. 19. Indemnification_ and Sole Conduct. Each party hereto shall defend, indemnify and save harmless the other party and other party's officers, agents and employees from and against all claims, demands, liability cost, expense, damages, causes of action, including but not limited to inverse condemnation and judgments arising out of the sole negligence or sole intentional acts of the party or its officers, agents or employees or independent contractors solely responsible to such party in performing or attempting to perform pursuant to the provisions of this agreement including both acts and omissions to act. 20. Indemnification for joint conduct. between Zone 9 and the City. The City shall defend, indemnify and save harmless County, and its officers, agents and employees_ from and against any and all claims, demands, liabilities, costs, expenses, damages, causes of action including but not limited to inverse condemnation and judgments arising out of the joint negligence or joint intentional acts of City and Zone 9 and their officers, agents, employees or independent contractors directly responsible to them in performing or attempting to perform pursuant to the provisions of this agreement including both acts and omissions and to act provided however that County shall be solely responsible for the amount of judgment rendered solely against the Zone 9 or one of its agents or- employees if such judgment is specifically rendered in court finding of responsibility by Zone 9 or one of its agents or employees for an act of negligence and City shall not be required to indemnify Zone 9 for such judgment. Likewise City shall be solely responsible for any judgment rendered solely against it or its agents or employees which is based upon acts or omission by it or one of its agents or employees. 21. Zone 9 agrees.to cooperate with City in the. defense of any .such claims or litigations. IN WITNESS WHEREOF Zone 9 and City have executed this contract on the day and year first herei-nabove set fort. BY SAN LUIS'OBISPO COUNTY FLOOD CONTROL, AND WAI�R CONSERVATION DISTRICT. Zone 9 Chairperson of APPROVED AS TO FORM AND LEGAL I JAMES B. LINDHOLMr JR. County Counsel By Dated*- APPROVED As To FORK 01 bupervi.5ur5 CITY OF SAN LUIS OBISPO By: Jeffrey M-id Mayor, Peg Pinard Ofty Aftomov ATTEST: ATTEST: m:\1eanne\dcb\fcwcd9.agr EXHIBIT A ; Of sAn 1UIS OBISPO ItY y rSFr }y ' G7rp -� 25 Prado Road * San Luis Obispo, CA 93401 August 9, 1993 . County Engineering San Luis Obispo County County Government Center San Luis Obispo, CA 93408 ATTN: Tony Boyd, Hydraulic Operations Engineer The City of San Luis Obispo would like to add two projects to the Zone 9 Agreement for this year. Both of these projects were identified after the winter rains, in May 1993. We would use these as substitutes if- we are unable to complete any of the existing projects due to unforeseen problems that might arise. Please add to out Zone 9 Agreement: 1. San Luis Creek behind 464 and 466 Dana Street - Remove obstructions encroaching into the channel and stabilize the bank $30,000 2. San Luis Creek behind 3546 and 3566 South Higuera - Stabilize the bank and protect the parking lot that runs parallel with the creek. $30,000 Thank you for.your assistance in this matter. Sincerely, Lis E: Cox Parks & Streets Manager zone9add.ttr /dec6 C'F IN THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA Tues October 26 93 - - - - - -- day ------------------------ ,19 - - - -- PRESENT: Supervisors Laurence L. Laurent, Evelyn Delany, Ruth E. Brackett, David Blakely and Chairperson Harry L. Ovitt ABSENT: None In the matter of Consent Agenda: This being the time set for members of the public wishing to address items set on the Consent Agenda. Chairperson Ovitt opens the floor without response. On Motion of Supervisor Delany, seconded by Supervisor Blakely,. and on the following roll call vote, to wit: AYES: Supervisors Delany, Blakely, Laurent, Brackett, Chairperson Ovitt NOES: None ABSENT: None Consent Agenda Items B -1 through' B -21 are approved as recommended by the County Administrative Officer. Item B -4 is RESOLUTION NO. 93 -427. Item B -13 is RESOLUTION NO. 93 -428. Item B -15 is RESOLUTION NO. 93 -429. Item B -20 is RESOLUTION NOS, 93 -430. Said Consent Agenda Item B -1 through B -21, are on file in the Office of the County Clerk- Recorder and are available for public inspection. cc: Administration 10/27/93 pvo STATE OF CALIFORNIA, County of San Luis Obispo, L __FRANCIS M. CooNEY _______ _____ _____ _ _ _ _ __ _ __, County Clerk and ea- officio Clerk of the Board of Supervisors, in and for the County of San Luis Obispo, State of California, do hereby certify the foregoing to be a full, true and correct copy of an order made by the Board of Supervisors, as the same appears spread upon their minute book. WITNESS my hand and the seal of said Board of Supervisors, affixed this _??th ---- - - - - -- day of ------- October 19 _93 FRANCIS M. COONEY --------------------------------------------- County Clerk and Ex-Officio Clerk of the Board (SEAL) of Supervisors B3• -- �A I� -- - - -- 3 B -1 t3 ru B -21 Deputy Clerk. .:. BOARD OF SUPER% )RS' AGENDA FOR OCTOBER , 1993 PAGE 4 Administrative Office Items: B -2 Request to approve a report on Dependent Care Committee activities. (RECOMMEND ITEM BE RECEIVED AND FILED.) B -3 Request to approve a settlement of one outstanding claim against the County. (RECOMMEND APPROVAL.) Board of Supervisors Items: B-4 Submittal of a resolution proclaiming November 1993 as , "Hospice Month ". (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) B -5 Request to appoint H. Ovitt as the San Luis Obispo County Representative to the CSAC Board of Directors for the 1994 association year. (RECOMMEND APPROVAL) B -6 Request by Supervisor Delany to appoint C. Gallagher as District 3 Representative to the San Luis Obispo County Planning Commission. (RECOMMEND APPROVAL) B -7 Request by Supervisor Blakely to appoint P. Heath as District 5 Representative to the San Luis Obispo County Commission on Aging. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) B -8 Request by Supervisor Brackett to allocate $500 from District 4 Community Project funds to the Nipomo Chamber of Commerce to help offset the cost of booth rental at the October Festival held at the Nipomo Regional Park. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) B -9 Request by Board members to allocate $1,500 from community project funds ($500 - District 1; $500 - District 2; $500 - District 5) to Artemis - A Theatre Company /Central Coast Shakespeare Festival to help offset the cost of providing low income admissions to plays. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) Engineering Items: B -10 Request to approve agreements with the Cities of Atascadero and San Luis Obispo to participate in the San Luis Obispo County Parks Recycling Project. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) vB-11 Request to approve a cooperative agreement with the San Luis Obispo County Flood Control and Water Conservation District and the City of San Luis Obispo for continued participation in a stream bed clearing program, giant reed eradication and other small improvement projects; 3rd and 5th Districts. (RECOMMEND APPROVAL AND INSTRUCT CHAIRMAN TO SIGN.) 4. Zone 9 will reimburse the City, within the limits set forth in Paragraph 3 above, upon receipt of evidence of work performed on the basis of monthly statements submitted for - payment. 5. All streambed maintenance work provided for by this agreement shall be done in accordance with the following provisions of the 1979 Memorandum of Understanding: "Work performed under this agreement will be conducted within the following streams: a. San Luis Obispo Creek b. Lower watershed of Laguna Lake, including Prefumo Creek but not Sycamore.Creek C. old Garden Creek to Foothill Boulevard d. Stenner Creek e. Brizziolari Creek Local drainage facilities such as subdivision drains, curbs, gutters and streets and minor drainage ways not listed above would be the responsibility of the jurisdiction within which boundaries the facility lies, or the responsibility of the private property owner if the facility is not publicly owned. The streambed maintenance work is envisioned to generally involve removal of debris which adversely affects the capacity of the waterways or which might create a greater expense for its removal at a different location if moved by flood flows at a later date. It would also involve some streambed vegetation maintenance to maintain streambed capacity. It would not include streambed maintenance to the origin of each stream but primarily include the lower reaches of each stream system. It would not include abatement of flood hazards under the City's abatement ordinances. It is also understood that all streambed maintenance work will be performed under permit from the State Fish & Game. Permits for work inside the City limits shall be obtained by the City. Permits for work outside of the City limits shall be obtained by the County Flood Control Zone 9.11 . 6. The streambed maintenance program is a flood control program and City shall use funds provided under this agreement for only that purpose. RESOLUTION NO.8212(1993 Series) PROGRAM SUPPLEMENT NO. 003 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, Grand Avenue from Monterey to Slack Streets, City Plan No. 93 -14A, that included pavement overlay and rehabilitation, and WHEREAS, completion of that project now qualifies the City for a 2157% State reimbursement of project costs in the amount of $59,468. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo hereby approves Program Supplement No. 003 to State -Local Transportation Partnership Program Agreement No. SLTPP -5016 and authorizes the Mayor to execute the documents. Upon motion of sPtti e , seconded by Romern and on the following roll call vote: AYES: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was adopted this-2-1 day of September, 1993. ATTEST: i e Gladwell, Ci lerk R -8212 Resolution No. 8212 (1993 Series) APPROVED: L,l (' 6 - C,ov, ) i A torn y Y ¢� n� (J"v��a'� ����� �" � q\�� ��✓ c \'� �� Dr`e: July 28, 1993 PROGRAM SUPPLEMENT. 1,,,'003 Locat,y.i: 05- SLO -0-SLO to I Project Number: SB93- 5016(037) STATE -LOCAL TRANSPORTATION E.A. Number: 05- 929636 PARTNERSHIP PROGRAM AGREEMENT NO. SLTPP -5016 This Program Supplement is hereby incorporated into the State -Local Trans- portation Partnership Program Agreement for State.Share Funds wh=ich 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. 8212 , approved by the Local Entity on 9/21/93 (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: GRAND AVE. FROM MONTEREY ST. TO SLACK ST. TYPE OF WORK: RECONSTRUCT EXISTING RDWY I LENGTH: 0.0 (MILES) PROJECT CLASSIFICATION OR PHASE(S) OF WORK [XI Construction Estimated Cost State Share Funds Matching Funds FY93 $ 59468 Local OTHER OTHER $ 362493 FY94 $ 0 $ 303025I$ 0 $ 0 IFY95 $ 0 CITY OF SAN LUIS OBISPO BY Mayo Peg Tinard Date Attest is . GI-adifelZ Title(C14 Clerk STATE OF CALIFORNIA Department of Transportation By DISTRICT LOCAL STREET AND ROADS ENGINEER Date hereby Certify upon my ,personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Chapter) Statutes I ltem 567 1992 . 2660- 101 -042 Date 7 2 x'93 $ 59468.00 Year I Program JBCI Fund Source I AMOUNT 92 -93 20.25.010..100 C 256010 042 -T 59468.00 Page 1 of 2 05- SLO -0 -SLO SB93- 5016(037) SPECIAL COVENANTS OR REMARKS DATE: 07/2.8/93 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 $59468 to be encumbered and reimbursed as follows: FY FY FY Any increase in revised program Any decrease in revised finance 92 -93 $ 59468 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 21.57x. 5. In accordance with the State and Local Transportation Partnership Program Guidelines dated April 1992, Section IV, Project Eligibility, the 10 1s 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 RESOLUTION NO $211(1993 Series) JOINT RESOLUTION BY THE COUNTY OF SAN LUIS OBISPO AND THE CITIES OF MORRO BAY AND SAN LUIS OBISPO WHEREAS, the chain of ancient volcanic peaks known as the Morros is a unique geological formation and dominate the region between the cities of San Luis Obispo and Mono Bay by their spectacular natural beauty; and WHEREAS, the Morros have a universally acknowledged scenic value which contributes significantly to one of the largest industries in San Luis Obispo County, namely the tourist industry, by providing a unique open space backdrop to, and scenic corridor between the cities; and WHEREAS, the special beauty of the Morros was honored by the original inhabitants of this region and was noted as far back as 1542 by Juan Rodriquez Cabrillo; the earliest European explorer to this region; and WHEREAS, the Morros are the most prominent and one of the most popular. regional landmarks in San Luis Obispo County; and WHEREAS, the Morros are still mostly in open space and relatively undeveloped, due to the responsible stewardship of the land by private and public landowners; and WHEREAS, the Morros provide a unique habitat fora variety of animal, bird and plant species and have significant aesthetic, educational and historical value; and WHEREAS, the entire chain of Morros should be preserved as much as possible in its natural state, while respecting the rights of private property owners; and WHEREAS, if not protected from development and /or overuse by the public, through the cooperative effort of the entities signing this joint resolution, the irreplaceable values of the Morros will be severely impaired and lost forever to future generations. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors, County of San Luis Obispo, State of California and the cities of Mono Bay and San Luis Obispo, will actively promote the protection and preservation of the MORROS, while respecting the rights of private property owners. Furthermore, San Luis Obispo County and the two cities wish to establish a method of recognizing "Regional Landmarks ", and declare that the Morros should be nominated as the first San Luis Obispo County Regional Landmark. R -8211 UpOnmotionof .Council Member Rappa,secondedby 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 adopted this 14tbday of September , 1993. City of San Luis Obispo By Mayor eg Pinard ATTEST: ,1 /L. i�A. /.`.e�..l W /A i E s� . APPROVED: aAministrative Officer PERU _� ��� � b�, 1��'�c3 i' BOARD OF SUPERVISORS COUNTY GOVERNMENT CENTER • SAN LUIS OBISPO, CALIFORNIA 93408 • 805-7815450 TO: BOARD OF SUPERVISORS FROM.; LAURENCE LLAURENTI SUPERVISOR, DISTRICT TWO DATE: . SEPTEMBER 14, 1993 LAURENC.E- L. LAURENT DISTRICT TWO SUBJECT: RESOLUTION RECOGNIZING THE moAROSAs AN IMPORTANT SCENIC AND ECOLOGICAL RESOURCE SUMMARY There are areas of the county that due to their special scenic, habitat, historic or aesthetic value should be recognized by the San Luis Obispo County Board of _Supervisors as requiring particular attention when making land decisions. . The chain of ancient volcanic peaks, known, as the M.orros, is a unique geological formation and one of those special areas'; RECOMMENDATION It is recommended that the Board of Supervisors adopt the attached resolution recognizing the Morros as an important scenic and ecological resource. DISCUSSION None. OTHER AGENCY INVOLVEMENT. The City of San Luis Obispo and the City of Morro Bay FINANCIAL CONSIDERATIONS None. D 1� IN THE BOARD OF SUPERVISORS COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA PRESENT: Supervisors ABSENT: -- " - - - - -- day ------- ------- -------- ,19 - - -- RESOLUTION NO. RESOLUTION BY THE COUNTY OF SAN LUIS OBISPO RECOGNIZING THE MORROS AS AN IMPORTANT SCENIC AND ECOLOGICAL. RESOURCE The following resolution is now offered and read: WHEREAS, the County of San Luis Obispo General Plan has policies that encourage the preservation of open spaces, scenic resources, wildlife habitats, and objects of historic or aesthetic significance; and WHEREAS, there are areas of the county that due to their special scenic, liabitat, historic or aesthetic value should be recognized by the Board of Supervisors of the County of San Luis Obispo as requiring particular attention when making land decisions; and WHEREAS, the chain of ancient volcanic peaks, known as the Morros, which dominates the region between the cities of San Luis Obispo and Morro Bay by its spectacular natural beauty, is a.unique geological formation and one of those special areas. WHEREAS, the special beauty of the Morros was honored by the original inhabitants of this region and was noted as far back as 1542 by Juan Rodriguez Cabrillo, the earliest known European explorer to this region; and WHEREAS, the Morros are still essentially in open space and relatively undeveloped, due to the responsible stewardship of the land by private and public landowners; and WHEREAS, the Morros have acknowledged scenic value which contributes to the tourist industry in the county, by providing an uncommon open space backdrop to and scenic corridor between the cities; and WHEREAS, the Morros have value for educational purposes; and WHEREAS, future proposed development projects may raise environmental issues pertaining to the flora, fauna, biological environments and historical significance of the Morros; including, but not limited to each project's individual effect, the cumulative effect and the precedent setting effect of development on the Morros; and WHEREAS, the entire chain Morros should be preserved as much as possible in its natural state, while respecting the rights of private property owners; and WHEREAS, if not protected, through a cooperative effort, the above-values of the Morros will be impaired and may be lost to future generations. NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of San Luis Obispo, State of California, in regular meeting assembled on the day of , 1993 as follows: (1) That the County Board of Supervisors acknowledges that the Morros require particular study and attention when making land use decisions. (2) That the preservation of the Morros is important to all of the people of the County of San Luis Obispo. CD,. (3) The County Board of Supervisors expresses its interest in working with the Cities of Morro Bay and San Luis Obispo in developing a Master Plan for the protection of the Mo s. % , ism, 31993 TION LUIS �p0.OA ognizes that some of the Morros area is under the LUISd Morro Bay and San Luis Obispo, but is interested ter Plan that would be effective to protect the entire . Ynclosed is the material you requested or your I07wtion Compliments of LAURENCE L. LAURENT, SUPERVISOR DISTRICT 2 County Government Center, Room 370 San Luis Obispo, Ca. 93408 -2040 ATTEST: County Clerk and Ex- Officio Clerk of the Board of Supervisors, County of San Luis Obispo, . State of California. (SEAL] call vote, to wit-. APPROVED AS TO FORM AND LEGAL EFFECT:. JAMES B. LINDHOLM, JR. County Counsel By. _ ' f...: 1, «, 14 put ounty Counsel Dated: lr , )�t') �l r� seconded by Supervisor Chairman of the Board of Supervisors of the County of San Luis Obispo, State of California e � •- • _�, 1 �.. l C.. i'D RESOLUTION NO 821g1993'Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXCHANGE OF PROPERTY BETWEEN THE CITY OF SAN LUIS OBISPO ( LAGUNA LAKE MUNICIPAL GOLF COURSE, 11175 LOS OSOS VALLEY ROAD) AND LAGUNA LAKE COMPANY ( LAGUNA LAKE MOBILE ESTATES, 1801 PREFUMO CANYON ROAD) .BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Findin s. That this Council, after consideration of the proposed property exchange and the staff recommendations, public testimony, and reports thereof, makes the following findings: 1. The proposed property exchange resulting in City acquisition of approximately 5.3 acres of creek/open space area is consistent with public policies contained in both the Land Use and Open Space Elements of the City's General plan; and 2. The proposed property exchange will not adversely affect the continuing operation of the Laguna Lake Municipal Golf Course. 3. A Mitigated Negative Declaration of Environmental Significance (ER 108 -92) was issued by the Community Development Director for this project on August 14, 1992, which Negative Declaration found that with inclusion of specified mitigation measures there would be no significant environmental effect resulting from this. project. This Council hereby concurs in and adopts that Mitigated Negative Declaration. SECTION 2. Approval. The request for approval of the property exchange is hereby approved subject to the following conditions: 1. Laguna Lake Company shall install a play area within the mobile home park to the approval of the Community Development Director and Recreation Director. 2. Laguna Lake Company shall remove the concrete slab and the basketball backstop to the approval of the Public Works Director. R -8210 Resolution No.8210(1993 Series) Page 2 3. The Mayor is authorized to sign an agreement with Laguna Lake Company, once all conditions are satisfied, for on -going maintenance of the creek area, including all creek repair sites for periods of time specified under approved permits, and sign all other documents necessary to execute the property exchange. On motion Of Council Member Settle ,seconded by Council Member Rappa , and on the following roll call vote: APES: Council Members Settle, Rappa, Roalman, and Mayor Pinard NOES: None ABSENT: Council Member Romero the foregoing resolution was passed and adopted this 7th day of September , 1993. Mayd Peg Pinard V 16rk Dilne R.(Aadwell APPROVED: / ,% ���' � Q � � ' C�� �.�,rn � �� •, RESOLUTION NO. 8209 (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING WATER SERVICE RATES WHEREAS, it is the policy of the City of San Luis Obispo to review enterprise fund fees and rates on an ongoing basis and to adjust them as required to ensure that they remain equitable and adequate to fully cover the cost of providing services; and WHEREAS, a comprehensive analysis of Water Fund operating, capital, and debt . service needs has been performed for fiscal years 1993 -94 through 1996 -97. NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 8121 (1993 Series) is hereby rescinded. SECTION 2. Chapter 4.20.060 of the Municipal Code is hereby amended as set forth in Exhibit A attached hereto. SECTION 3. The rates set forth in Exhibit A shall be effective October 1, 1993 and July 1, 1994. SECTION 4. All other provisions of Chapter 4.20 of the Municipal Code remain in full force and effect. On motion of Council Member Romero , seconded by Council Member Roalman , and on the following roll call vote: AYES: Council Members Romero, Roalman, and Rappa NOES: Council Member Settle and Mayor Pinard ABSENT: None The foregoing Resolution was adopted on this 7th day of September , 1993. May Peg Pinard E i R -8209 Resolution No. 8209 (193 Series) 0 Exhibit A RATES FOR WATER SERVICE Monthly water service charges per hundred cubic feet of water (ccf) used per dwelling unit for accounts classified as residential by the director of finance and per account for all other users, are as follows: Effective October 1, 1993 Inside City Construction Site Meters 0 to 1 ccf $ 2.45 $ 4.90 In excess of 1 ccf thereafter $160.00 $325.00 All Others 1 to 5 ccf $ 2.45 $ 4.90 More than 5 ccf $ 3.05 $ 6.10 Commodity Charges Per CCF Effective July 1, 1994 Inside City Outside City Construction Site Meters Only 0 to 1 ccf $ 2.60 $ 5.20 In excess of 1 ccf thereafter $170.00 $345.00 All Others 1 to 5 ccf $ 2.60 $ 5.20 More than 5 ccf $ 3.25 $ 6.50 . � Y ��.� �f" �� �c� ten./ , Z h"�� �G°\ i� RE � UTION NO. s2os (1993 SEf7�) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO IMPLEMENTING A UTILITY ACCOUNT SET -UP FEE WHEREAS, the Council of the City of San Luis Obispo determined that a utility account set -up fee is necessary to pay for the costs associated with starting and stopping of customers utility service; and WHEREAS, after a comprehensive analysis of the costs associated with starting and stopping utility service, divided by the number of service starts, it has been determined that the account set -up fee will be $2.5.00; and WHEREAS, the Director of Finance has the authority to initiate an agreement with customers whereby for an annual fee of $500.00 they can obtain unlimited service starts and stops by agreeing to conditions set in the agreement. .NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that effective October.1, 1993 a utility account set -up fee in the amount of $25.00 and an optional annual service fee of $500.00 for unlimited service starts and stops will be implemented. Governmental agencies shall be exempt from these fees. On motion of Council Member Romero , and seconded by Council Member - Roalman , and on the following roll call vote: AYES: Council Members Romero, Roalman, and Rappa NOES: Council Member Settle and Mayor Pinard ABSENT: None The foregoing. Resolution was adopted on this 7th day of September , 1993. ATTEST: i Clerk Diane Gl well APPROVED TO •• INK" Mayor Aeg Pinard R -8208 ,AVI F, (00�1 RESOLUTION NO. 8207 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A TWELVE -MONTH TIME EXTENSION FOR TENTATIVE TRACT NO. 1673 AT 3440 S. HIGUERA STREET WHEREAS, The subdivider requests a twelve -month time extension to complete processing of the final map; and WHEREAS, reasonable progress has been made toward filing of the final map; and WHEREAS, the circumstances and findings of the original tract approval are unchanged; NOT THEREFORE, the City Council resolves as follows: Section 1. That Tract 1673 is granted a twelve -month time extension, to August 15, 1994, subject to original tract map findings and conditions as specified in City Council Resolution 6667 (1989 Series)„ 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 7th day of September , 1993. R -8207 Resolution No. 8207 (1993 Series) Tract 1673 Page 2 ATTEST: ! %N /Ir 1� Mayor eg Pinard (0� VD, 6,U (J" �. r, a -+ col (Al Recording Requested by and when Recorded return to: City Clerk - City of San Luis Obispo 990 Palm St., P.O. Box 8100 San Luis Obispo, CA 93403 -8100 RESOLUTION NO. 8206 (1993 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO CONSENTING TO THE FIRST AMENDMENT TO THE PURCHASE AGREEMENT .BETWEEN CLINIC PROPERTIES AND THE CITY 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 First Amendment to Purchase Agreement and Escrow Instructions between Clinic Properties and the City of San. Luis Obispo, dated December 20, 1988, and recorded as Document No. 19043, Official Records, San Luis Obispo County, California, at Volume 3290, Page 756, on March 30, 1989. SECTION 2. The Mayor is authorized to sign the "First Amendment to the Purchase Agreement and Escrow Instructions Between Clinic Properties and the City of San Luis Obispo," attached hereto as Exhibit "A" and incorporated herein by reference,.on behalf of the City. Upon motion of and on the following Settle , roll call vote: seconded by Romero Ayes: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard Noes: None Absent: None the foregoing Resolution was adopted this 7th day of September 1993. ATTEST: Gladwe , City Clerk R -8206 Recording Requested by and when Recorded return to: City Clerk City of San Luis Obispo 990 Palm St., P.O. Box 8100 San Luis Obispo, CA 93403 -8100 Doc No: 1993 - 04.026 Official Rec rds San Luis Obispo Co Francis M. Cooney Recorder Nov 09, 1993 Time: 11:17 [ 41 RESOLUTION NO. 8206 (1993 Series) Rec No: 00082412 RF i i i ;TOTAL A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO CONSENTING TO THE FIRST AMENDMENT TO THE PURCHASE E AGREEMENT BETWEEN CLI14IC PROPERTIES AND THE CITY OF SAN LUIS OBISPO 14.00 14.00 BE IT RESOLVED BY THE COUNChL.OF THE CITY OF SAN LUIS OBISPO as follows: •SECTION 1. The City Council hereby consents to the First Amendment to Purchase Agreement and Escrow Instructions between Clinic Properties and the City of San Luis Obispo, dated December 20, 1988, and recorded as Document No. 19043, Official Records, San Luis Obispo County, California, at Volume 3290, Page 756, on March 30, 1989. SECTION 2. The Mayor is authorized to sign the . "First Amendment to the Purchase. Agreement and Escrow Instructions Between Clinic Properties and the City of San Luis Obispo," attached hereto as Exhibit "A ";and incorporated herein by reference, on behalf of the City. Upon motion of Settle , seconded by Romero and on the following roll call vote: Ayes: Council Members Settle, Romero, Rappa, Roalman, and Mayor Pinard Noes: None Absent: None the foregoing Resolution was adopted this '7th day of September 1993. ' Mayor •i _ • ATTEST: D ne Gl dwe City Clerk R -8206 First Amendment to the Purchase Agreement and Escrow Instructions Between Clinic Properties and the City of San Luis Obispo The Purchase Agreement and Escrow Instructions ( "Agreement ") entered into on December 20, 1988, by and between Clinic Properties ( "Sellers ") and the City of San Luis Obispo ( "Buyer ") , and recorded as Document No. 19045, Official Records, San Luis Obispo County, California, at Volume 3290, Page 756, on March 30, 1989, is hereby amended as follows: 1. Paragraph 15 is deleted and replaced with new Paragraph 15 to read: "15. Sellers' Riaht to •Cross After Close of Escrow. Subsequent to Close of Escrow Buyer agrees to allow Sellers the non - exclusive use of the Property as would be permitted to the general public. Buyer agrees to maintain a driveway ramp adjacent to property at 883 Marsh Street and to allow Sellers to use this and the paved entry to the Marsh Street Parking Structure to access the Parent Property provided owners of the property at 883 Marsh Street also agree to permit such access. If the Sellers' easement for right -of -way across the adjacent property at 883 Marsh St. terminates for any reason, or upon notice that the easement for right of way is to be terminated (whichever is sooner), Buyer agrees to provide, upon request, direct access to the Parent Property across the Property. Seller agrees that it will bear the cost of preparing the Parent Property for this alternative access, including the removal of existing fencing and parking blocks as well as the installation of a driveway. This permission is granted as long as the adjacent property at 871 Marsh Street is needed as the entry to the Marsh Street Parking Structure. If this. condition changes, permission is revocable upon 90 days written notice." All other terms and conditions of the Agreement shall remain in full force and effect and shall continue to bind the parties hereto. Exhibit "A" u IN WITNESS WHEREOF, the parties hereto have executed this First. Amendment to the Agreement this 7 day of , 1993. CITY OF SAN LUIS OBISPO: By: ��` (Y May Peg Pinard _ATTEST: -i n Gladw 11, i y Clerk i• .v- Approved as to Form: csl� C' A to e 2 By: By: CLINIC PROPERTIES: (notarization) AIR& toam: A orney for Clinic Properties , n^ } RESOLUTION 8206 (1993 SERIES) STATE OF CALIFORNIA }ss. COUNTY OF San Luis Obispo } 1` Judy A. Schulz--------- - - - - -- o VOn O c1. 09, j 993 before me, GARY L. HARKINS -------------------------------- m personally appeared r ` --------------------------------- --- -- --- oved m U E to me on the basis of satisfactory evidence�ro—be the person Js�f WTiose nam subscribed to the within LL instrument and acknowledged to me tha h*ftEe fieq�Cecuted the same i &h�uthorized capacity,� m and that byO fgnature^ the instrument the personWRo—FIFe entity upon behalf of which the person acted, executed the instrument. JUpY q^ , SCHULZ m #479433 WITNES my an n al sea col 0 0 Signa 29, 1996 (This area for official notarial seal) T C n 0 U m U E LL .m `m c? I 0 } RESOLUTION NO. 8206 STATE OF CALIFORNIA }ss. (1993 SERIES) COUNTY N OFF GSA�LuTs OBISPO } On 6W- /% before me, JUDY A_ SC-TTrTr.7. — personally appeared PATRICK J_ VAUGRN- - - ---- --- - -- — _ ________ proved to me on the basis of satisfactory evidence 61 be the person;Vwhose nameaFeiscribed to the within instrument and acknowledged to meth xecuted the same i hi uthorized capacityjies�� and that by(! WAl4eir- &gnatur ^n the instrument the person the entity upon behalf of which the perso acted, executed the instrument. / JUDYA.XMW WITNESS END OF DOCUMENT 00WA #9"433 SMOBWOCOLM Ccoomrtftbm Ampm 29, iW6 (This area for official notarial seal) i SETTLEMENT AGREEMENT AND MUTUAL RELEASE This Settlement Agreement and Mutual Release ( "Agreement ") is entered into by and among (1) San Luis Medical Clinic, Ltd., a California corporation ( "SLMC "); (2) Home Fed Trust and Ruth D. Cookson, Co- Trustees under the Will of Howard N. Cookson, Home Fed Trust, Trustee of the Cookson Family Trust, Ruth D. Cookson, a.k.a. Dorothy Ruth Cookson (hereinafter collectively referred to as "Home Fed Trust "); (3) City of San Luis Obispo, a charter law city and political subdivision of the State of California ( "City of San Luis Obispo ") and (4) William Ranelletti and Mary Ranelletti, husband and wife ( "Ranellettis "), as of September 21, 1993, and is made with reference to the following facts: RECITALS 1. SLMC is the owner of Lot 9 of Block 100 of the Mission Vineyard Tract in the City of San Luis Obispo ( "SLMC Property"). 2. The Ranellettis are the owners of property adjacent to Lot 9, as described in Exhibit "A" hereto ( "Ranelletti Property"). 3. The City of San Luis Obispo is the owner of.the Marsh Street Parking Structure at 871. Marsh Street in the City of San Luis Obispo, California, and a driveway ramp and certain other property adjacent to the SLMC and Ranelletti properties, as described in Exhibit "B" hereto. 4. SLMC asserts that. for some time, SLMC, its agents, employees and tenants have used the southwestern corner of the Ranelletti :Property for vehicular access to and from the SLMC Property. SLMC asserts, and the Ranellettis dispute, that it-has obtained a prescriptive easement for such use. 5. The Ranellettis assert that for some time, the Ranellettis, their agents, employees and tenants have accessed the Ranelletti Property by vehicular easement across the SLMC Property. The Ranellettis assert, and SLMC disputes, that they have obtained a prescriptive easement for such use. 6: Certain disputes and differences have arisen by and between the parties regarding access to and over these various properties. 7. As a result, SLMC filed and amended a certain legal action in San Luis Obispo County Superior Court, bearing Case No. 72259 ( "Case No. 72259 "). 8. Home Fed Trust filed an answer thereto as well as a cross - complaint against the City of San Luis Obispo in Case No. 72259. 9. The City of San Luis Obispo filed an answer to the cross -complaint of Home Fed Trust in Case No. 72259.. 10. The Ranellettis filed an answer to the SLMC complaint as well as a cross - complaint against SLMC and the City of San Luis Obispo in Case No. 72259. 11. Both SLMC and the City of San Luis Obispo filed an answer to the cross - complaint of the Ranellettis: 12. The parties now desire to, and do intend by this instrument to, completely and fully compromise and resolve all the disputes and differences set forth , orth above and to mutually dismiss the legal action described above and to forever discharge each other from any and all liability with reference thereto. AGREEMENT Now, therefore, the parties agree as follows: Settlement and Release. 1.1 Release. Effective when and only if Case No. 72259 is dismissed under paragraph 2.6 below, except as set forth herein, each of the parties does hereby completely release, acquit and forever discharge the others, their heirs, executors, administrators, successors and assigns, agents and employees, from any and all claims, demands, actions causes of action, damages, costs, or other claims. whatsoever in law or equity, which any party has or may have against any of the other parties (1) arising out of or related to the facts, circumstances and allegations referred to in Recitals 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11; (2) arising from or in any way connected with Case No. 72259; and (3) arising from or relating to the institution or prosecution of Case No. 72259. 1.2 Accord_ and Satisfaction. Each of the parties hereto does hereby acknowledge and agree that it is their .intention that this Release shall be effective as a full and final accord and satisfaction and settlement of, and as a bar to, each and every claim, demand, debt, liability, obligation, cost, expense, lien, action and cause of action which any party has, has had; or may have had against the other parties hereto, with respect to the facts, circumstances and allegations referred to in the above Recitals. 1.3 Release Not an Admission of Liability. It is expressly understood and agreed to that by reason of entering into this Agreement, none. of the parties admit, expressly or impliedly, any fact or liability of any type or nature with respect to this matter, whether referred to herein, and none of the parties have made any such admission and this Agreement is entered into solely by way of compromise and settlement only. 1.4 Capacity. The parties represent and warrant that there has been no assignment or other transfer of any interest in any claim which they have or might have and therefore each of the undersigned agrees to indemnify and hold the other harmless from any liabilities, claims, demands, damages costs or expenses incurred by the parties being released herein, or any of them, as a result of any person asserting any such assignment or transfer of any rights or claims under such assignment or transfer. 2. Covenants. As full consideration for this settlement and release, the parties agree to the following: 2.1 Access of SLMC Across Ranelletti Property. Subject to earlier termination under Section 3.2 below, the Ranellettis agree to grant to SLMC an easement for right -of -way in the form attached hereto as Exhibit "C" for a minimum period of five years commencing from the date of this Agreement to continue to use the Ranelletti Property for vehicular ingress to the SLMC Property ( "SLMC Easement "). 2.1.1 Subject to earlier termination as provided in Section 3.2 below, at the end of this initial five -year period, the Ranellettis shall have the absolute right to terminate the Easement upon ninety days'. prior written notice to SLMC for any reason or for no reason at all. 2.1.2 SLMC agrees to waive any claim it may have to any other easement or license for vehicular access over the Ranellettis' Property. SLMC will execute a quitclaim deed or other appropriate documentation to this effect if requested by the Ranellettis. 2.2 Access of Ranellettis Across SLMC Property. Subject to earlier termination under Section 3.2 below, SLMC agrees to grant the Ranellettis and any tenants of the Ranellettis an easement for right -of -way in the form attached hereto as Exhibit "D" for a minimum period of five years commencing from the date of this Agreement to continue to use the SLMC Property as vehicular egress from the Ranellettis' Property ( "Ranelletti Easement "). 2.2.1 At the end of this initial five -year period, SLMC shall have the absolute right to terminate the Ranelletti Easement upon ninety days' written notice for any reason or for no reason at all. 2.2.2 The Ranellettis agree to waive any claim they may have to any other easement or license for vehicular access over the SLMC Property. Ranellettis will execute a quitclaim deed or other appropriate documentation to this effect if requested by SLMC. 2.3 SLMC Access Over the San Luis Obispo Property. On or. about December 20, 1988, SLMC and the City of San.Luis Obispo entered into a Purchase Agreement and Escrow Instructions ( "Purchase Agreement ") relating to the SLMC Property. SLMC and the City of San Luis Obispo agree that the terms and conditions of the Purchase Agreement shall remain in full force and effect. SLMC and the City of San Luis Obispo further agree to enter into a First Amendment to the Purchase. Agreement in the form attached. hereto as Exhibit "E" ( "Amendment "), which Amendment shall provide that: 2.3.1 Paragraph 15 of the Purchase Agree_ ment shall be amended to provide that if SLMC's. Easement for right -of -way across the Ranelletti Property terminates for any reason, or upon notice that the Easement for right -of way is to be terminated (whichever is sooner) the City of San Luis Obispo agrees to provide SLMC, upon request, with direct vehicular access to the SLMC Property as set forth on Exhibit "F" hereto. 2.3.2 SLMC agrees that it will bear the cost of preparing the SLMC Property for this alternative access, including the removal of existing fencing and parking blocks as well as the installation of a driveway. 2.4 Loss of SLMC Parking. SLMC and the City of San Luis Obispo recognize that if access is provided directly from the City of San Luis Obispo Property to the SLMC Property, the SLMC Property could lose one or more existing parking places. SLMC and the City of San Luis Obispo agree that if and when access is provided directly from the City of San Luis Obispo Property to the SLMC Property, to satisfy the then applicable parking requirements imposed by the City of San Luis Obispo, SLMC may replace each parking space lost as a result of the direct access with a bike rack or racks sufficient to accommodate five bicycles. These bicycle racks may be located on the SLMC Property or any other property owned or controlled by SLMC within the City of San Luis Obispo limits, consistent with the City's parking and bicycle regulations. 2.5 Ranellettis Access Over the City of San Luis Obispo Property. The Ranellettis and the City of San Luis Obispo agree that nothing in this Agreement is intended to affect or limit in any way the Ranellettis' rights under the April 6, 1959, Easement, attached hereto as Exhibit "G ". 2.6 Dismissal. Within ten days from the execution of this Agreement by all parties, each party agrees that all complaints and cross - complaints filed in Case No. 72259 shall be dismissed with prejudice with each party to bear their own costs and fees. Interpretation and Enforcement. 3.1 Entire Agreement. This Agreement and the Exhibits hereto constitute the entire Agreement. between the parties pertaining to the subject matter contained in it and supersedes all prior and contemporaneous oral and written agreements, representations, and understandings of the parties. No supplement or modification or amendment to the. Agreement shall be binding unless executed in writing by all parties. 3.2 Binding on Successors, Early Termination. 3.2.1 Except as provided below; this Agreement shall be binding on the parties' respective beneficiaries, heirs, successors, transferees, grantees, partners and assigns, including, without limitation, all persons who acquire or hold (1) title to one or more of the various properties described herein; (2) a security interest in or lien on one or more of the properties described herein; (3) a leasehold interest in one or more of the properties described herein; and (4) any other interest in one or more of the properties described herein, 3.2.2 The parties hereto do not warrant that this Agreement will not breach any. agreements they may have with any parry having a security interest or option to purchase the property or that any consents which may be required have been received. If, in the reasonable opinion of any party hereto, as a result of the easements granted hereunder, any lender or optionee is likely to declare a default under any loan or option agreement due to this Agreement, then such party shall have the option of terminating the easement it has granted above upon ten (10) days' prior written notice to the other party as provided below. 3.2.3 Any notice .providing for a termination of an easement hereunder shall state the parties' reasons for believing that a lender or optionee is about to declare a default. 3.2.4 Should any party terminate an easement which it has granted under this Agreement, the other party may terminate its reciprocal easement. 3.3 Counterparts. This Agreement may be executed simultaneously in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 3.4 Recovery of Litigation Expenses. If any legal action is brought to enforce this Agreement or because of an alleged dispute., breach, default, or misrepresentation in connection with any of the: provisions of this Agreement, the successful or prevailing party or parties 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 they may be entitled. 3.5 Agreement Understood. Each party or representative signatory acknowledges that he or she is legally competent to execute this Agreement, which is intended to be a legally binding contract dealing with the release and/or conveyance of certain valuable and important rights. Before signing this Agreement, each of said parties has read the same from beginning to end and fully understands the Agreement. Each party has had the opportunity to consult with counsel regarding this Agreement and has received a copy of the same for their records. 3.6 Further Documents. Each party agrees it will execute or cause to be executed such further and "other documents as are needed to carry out the expressed intents and - purposes of this Agreement. 3.7 Authorization. The signatories hereby represent and warrant that they have full and complete authority to execute this Agreement in their individual or representative capacity. 3.8 No Reliance. No party in executing this Agreement has relied on any inducements, promises or representations made by any other party or any representative of any other party. n 3.9 Voluntary Agreement. The parties have read this Agreement and have freely and voluntarily entered into this Agreement. Each party has had the opportunity to be represented by counsel and to have their respective counsel review this document on their behalf. SAN LUIS MEDICAL CLINIC, LTD : CITY OF SAN LUIS OBISPO By: Name: Title: APPROVED AS TO FORM: k6, Steven J. 'Adams E, Attorney for San Luis Medical Clinic, Ltd. Cindy Clemens, Attorney for City of San Luis Obispo 15:SLMCsetl.agr 5 HOME FED TRUST IM Name: Title: RANELLETTI Williamll1 Mary RaneNetti Gerry Weaver, Attorney for Home Fed Trust and Mary Ranelletti 3.9 Voluntary Agreement. The parties have read this Agreement and have freely and voluntarily entered into this Agreement. Each party has had the opportunity to be represented by counsel and to have their respective counsel review this document on their behalf. SAN LUIS MEDICAL CLINIC, LTD By: Patrick Vaughn, - Preside "nt By: Gary L. Harkins, Secretary CITY OF SAN LUIS OBISPO as Name: Title: APPROVED AS TO FORM: Steven J. Adamski, Attorney for San Luis Medical Clinic, Ltd. Cindy Clemens, Attorney for City of San Luis Obispo 15: SLMCsetl. agr W UST Name: Title: Trutt C)fficer IC7:��I�AA�1��I William Ranelletti Mary Ranelletti Gerry Weaver, Attorney for Home. Fed Trust Joseph Diehl, Attorney for William and Mary Ranelletti 3.9 Voluntary Agreement. The parties have read this Agreement and have freely and voluntarily entered into this Agreement. Each party has had the opportunity to be represented by counsel and to have their respective counsel review this document on their behalf. SAN LUIS MEDICAL CLINIC, LTD By: Patrick Vaughn, President By: Gary L. Harkins, Secretary CITY OF SAN LUIS OBISPO �, ArZ- T Name: Ken Hampian Title: Acting City Administrative Officer APPROVED AS TO FORM: Steven J. Adamski, Attorney for San Luis Medical Clinic, Ltd. " C&'M.010.10 Cindy Clemens, Attorney for City of San Luis Obispo 15:SLMCsetl.agr 5 HOME FED TRUST By: Name: Title: RANELLETTI William Ranelletti Mary Ranelletti Gerry Weaver, Attorney for Home Fed Trust Joseph Diehl, Attorney for William and Mary Ranelletti Real property situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as follows: The northeasterly 40 feet of Lot 6 in Block 100 of the Mission Vineyard Tract, in the City of San Luis Obispo, County of San Luis_ Obispo, State of California; as per map recorded March 8, 1873 in the office of the CounEy.Recorder of said County. A 15 foot easement for ingress and egress to the rear portion of Grantee's property. Said easement shall be for vehicular-arid pedestrian traffic to and from Marsh Street and shall be located on the following described property: The southwesterly 10 feet of Lot 6 and the northeasterly 15 feet of Lot 7, block 100 in the Mission Vineyard Tract in the City of San Luis Obispo. The deed by which said easement was acquired recites as follows: "-The term of said easement shall be from the date hereof through August, 1971. Thereafter, Grantor shall provide an adequate vehicular and pedestrian easement from either Marsh Street, Pacific Street, Chorro Street or Morro Street to the rear portion of said property owned by the grantees which is further described as follows: The northeasterly 40 feet of Lot 6, Block 100 in the Mission Vineyard Tract in the City of San Luis Obispo.' 5 F--'t--7 50 ch 0 cw wi O wil �N 0 0 lu City property bordered in ydilow highlighting. 0 C RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: STEVEN J'. ADAMSKI, ESQ. - SINSHEIMER, SCHIEBELHUT & BAGGETT A Professional Corporation 1010 Peach Street Post Office Box 31 San Luis Obispo, California 93406 -0031 Space Above This .Line For Recorder's Use GRANT OF RIGHT OF WAY EASEMENT Preamble This Easement is made and is effective as of September 21, 1993, by and between William Ranelletti and Mary Ranelletti, husband and wife (collectively, "Ranelletti "), and San Luis Medical Clinic; Ltd., a California Corporation .( "SLMC"). Ranelletti and SLMC may collectively be referred to as the "Parties" below. This Easement is granted with reference to the following facts: RECITALS WHEREAS; Ranelletti is the owner of certain real property in the State of California, ( "Ranelletti Property"),. as more particularly described in Exhibit A -1 attached hereto; WHEREAS, SLMC is the owner of certain real property in the State of California ( "SLMC Property") as more particularly described in Exhibit A-2 attached hereto; WHEREAS, certain disputes and differences have arisen by and between the Parties regarding access to and over these various properties WHEREAS, as a result, SLMC filed and amended a certain legal.. action in San Luis Obispo County Superior Court, bearing Case No. 72259 ( "Case No. 72259 "); and ` WHEREAS, as part of the consideration for the settlement of Case No. 72259 under the Settlement Agreement and Mutual Release dated September 21, 1993 ( "Settlement Agreement "), SLMC desires to acquire certain rights in the Ranelletti Property and Ranelletti is willing to grant such tights to SLMC. AGREEMENT NOW, THEREFORE, for good and valuable consideration for themselves and for all current and future owners of the SLMC Property, their successors and assigns, as set forth herein, it is agreed as follows: 15: 1Agmt1SL2ACran2. eas. 0127048/091693 1. Grant of Easement.. Ranelletti hereby grants to SLMC an easement burdening the Ranelletti Property, the servient tenement, for the benefit of the SLMC Property, the dominant tenement, to use the Ranelletti Property for a right of way, that will offer ingress to the SLMC Property over the Ranelletti Property. 2. Consideration. This Easement is given in consideration of axeciprocal agreement granting to Ranelletti certain rights in the SLMC Property and other consideration as .provided in the Settlement Agreement. 3. Description of Easement. The Easement granted herein is for the right to use the Ranelletti Property for a right of way that will offer ingress to the SLMC Property for vehicular traffic. The location of the Easement shall be as provided in Exhibit B attached hereto and incorporated hereunder, and is only for ingress to the SLMC Property by vehicular traffic in the direction indicated in Exhibit B. 4. Waiver. SLMC hereby waives and quitclaims any claim it may have to any other easement or license for vehicular access over the Ranelletti Property. 5. Barriers. The Parties each covenant and agree for themselves and their successors and assigns, that they shall not erect, construct, place or maintain or permit the erection, construction, placement or maintenance of any fence, wall, curb, or other barrier which in any manner interferes with or restricts the fiill and complete use and enjoyment of the Easement granted above. 6. Term of Easement. The initial term of this Easement shall be for five years from September 21, 1993; thereafter this Easement may be terminated by Ranelletti at their option for any reason or no reason upon ninety days' prior written notice to SLMC. SLMC will execute and acknowledge a quitclaim deed or other appropriate documentation to this effect if requested by Ranelletti. This Agreement is subject to earlier termination as provided in Section 12 below. 7. Nonuse of Easement. SLMC's nonuse of the Easement granted herein shall not terminate the easement or be deemed abandonment. 8. Authority: Further Assurances. Ranelletti and SLMC each have the right, power, legal capacity, and authority to enter into, and perform their obligations under this Easement. Ranelletti agrees that they will do any further acts for the purpose of perfecting the grant of this Easement that SLMC may reasonably require. 9. Assignment by SLMC. SLMC shall. have the right to assign or otherwise transfer SLMC's interest in this Easement. 10. Entire Agreement. This instrument and the Settlement Agreement contain the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 11. Attorney's Fees. , In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the prevailing party in such controversy, claim or dispute shall be entitled to recover from the losing party reasonable expenses, including attorney's fees and costs. 15: /Agmt/SLMCran2. eas 0127048/091693 2 I 12. Binding on Successors: Early Termination. - 12.1 Except as provided below, this Easement, shall be binding on the Parties' respective beneficiaries, heirs, successors, transferees, grantees, partners and assigns, including, without limitation, all persons who acquire or hold (1) title to one or more of the various properties described herein; (2) a security interest in or lien on one or more of the properties described herein; (3) a leasehold interestin one or more of the properties described herein; and (4) any other interest in one or more. of the properties described .herein. 12.2 The Parties hereto do not warrant that this Easement will not breach any agreements they may have with any party having a security interest or option to purchase the property or that any consents which may be required have been received. If, in the reasonable opinion of grantor, as a result of the Easement, any lender or optionee is .likely to declare a default under any loan or option agreement due to this Easement, then the grantor shall-have the option of terminating this Easement upon ten (10) days' prior written notice to the other party. 12.3 Any notice providing for a termination of this .Easement shall state the party's reasons for believing that a lender or optionee is about to declare a default. 12.4 Should any grantor terminate this Easement, the other party may terminate its reciprocal easement granted under the Settlement Agreement. IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first-above written. RANELLETTI: WILLIAM . RANELLETTI MARY RANELLETTI SAN LUIS MEDICAL CLINIC; LTD.: BY -- -- Patrick Vaughn, President By L. Harkins, Secretary STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) On this day of , in the year 1993, before me, the undersigned, a Notary I'gblic in and for said State, personally appeared William Ranelletti [personally known to me /proved to me on -the basis -of satisfactory dvidencel to be the person whose name is subscribed to this instrument, and acknowledged that he executed it. WITNESS my hand and official seal. Notary Public 15: /Agmt/SLMCian2.eas 3 0127048/091693 STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO . On this day of, in the Notary year 1.99.3, bef6re me, the undersigned, a. y Public and for s jptOonally appeared M aid State. --d Mary RaneHetti fpgrsonaily known to me /proved to me on the basis of satisfactory evidencel to be the person whost name is subscribed to this instrument; and acknowledged that she executed it. WITNESS my hand and official, seal. Notary Public STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO . On - 1 1993, before me, personally appeared Patrick Vaughn, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in.his authorized capacity and that by his 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. Notary Public STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO On 1993, before me, --- , personally . appeared Gary L. Harkins personally known to me (or proved tome on basis o F satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his 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. Notary Public 15: /Agmt1SLMCran2. eas 01270481091693 4 U Real property situate in the City of San Luis Obispo, County of San Luis Obispo, State of California, more particularly described as follows. The northeasterly 40 feet of Lot 6 in Block 100 of the Mission Vineyard Tract,, in the city of "San Luis Obispo, County of San Luis Obispo, State of California, as per map recorded March 8,. 1873 in the office of the County Recorder of said County. A 15 foot easement for ingress and egress to the rear portion of Grantee's property: Said easement shall be for vehicular pedestrian traffic to and fzom'karsh.Street and shall be located on the following described property: The southwesterly 10 feet of Lot 6 and the northeasterly 15 feet of Lot 7, block 100 in the Mission Vineyard Tract in the City of San Luis Obispo. The deed by which said easement was acquired recites as follows: "The term of said easement shall be from, the date hereof through August, 1971. Thereafter, Grantor shall provide an adequate vehicular and pedestrian easement from. either_ Marsh Street, Pacific_ Street, Chorro Street or i4oiro,Street to the rear portion of said property owned by the or which is further described as follows= The northeasterly 40 feet of Lot 6, Block 100 in the Mission Vineyard Tract in the City of San Luis Obispo. EXHIBIT 0 -I Exhibit A -2. San Luis Medical Clinic Property Lot 9'in Block 100 of Mission Vineyard - Tract, in the City of San Luis Obispo, County of San Luis Obispo, State of California, as per map filed in Book A, Page 143 of Maps, in the Office of the County Recorder of said County. 15: SLMCexA. msc VWE L,(N L �T. kk1a v l� Z>u RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: STEVEN J. ADAMSKI, ESQ. SINSHEIIyIER, SCAhMELHUT & BAGGETT A Professional Corporation 1010 Peach Street Post Office Box 31 San. Luis Obispo, California 93406-0031 Space Above This Line For Recorder's Use _ GRANT OF RIGHT OF WAY EASEMENT Preamble This Easement is made and is effective as of September 21; 1993, by and between William Ranelletti and Mary Ranelletti, husband and wife (collectively, "Ranelletti "), and San Luis Medical Clinic, Ltd., a California Corporation ( "SLMC "). Ranelletti and SLMC may collectively be referred to as the "Parties" below. This Easement is granted with reference.to the following facts: RECITALS WHEREAS, SLMC is the owner of certain real property in the State of California, ( "SLMC Property"), as more particularly described in Exhibit A -1 attached hereto; WHEREAS, Ranelletti is the owner of certain real property in the State of California ( "Ranelletti Property") as more particularly described in Exhibit A -2 attached ,hereto; WHEREAS, certain disputes and differences have arisen by and between the Parties regarding access to and over these various properties; WHEREAS, as a result, SLMC filed and amended a certain legal action in San Luis Obispo County Superior Court, bearing Case No. 72259 ( "Case No. 72259 "); and WHEREAS, as part of the consideration for the settlement of Case No. 72259 under the Settlement Agreement and Mutual Release dated September 21, 1993 ( "Settlement Agreement "), Ranelletti desires to acquire certain rights in the SLMC Property and SLMC is will to grant such rights to Ranelletti. AGREEMENT NOW, THEREFORE, for good and valuable consideration for themselves and for all current and future owners of the Ranelletti Property, their successors and assigns, as set forth herein, it is agreed as follows: 15 : /Agmt/S LMC ran. eas 0127048/091693 P-7i m-A, i 1. Grant of Easement. SLMC hereb y the SLMC Property, the servient tenement, for dominant tenement, to use the SLMC Property for Ranelletti Property over the SLMC Property. grants to Ranelletti an easement burdening the benefit of the Ranelletti Property; the a right of way, that will offer egress from the 2. Consideration This Easement is given in consideration of a reciprocal agreement granting to SLMC certain rights in the Ranelletti Property and other consideration as,provided in the Settlement Agreement. 3. Description of Easement. The Easement granted herein is for the right to use the SLMC Property for a right of way that will offer egress from the Ranelletti Property for vehicular traffic. The location of the Easement shall be as provided in Exhibit B attached hereto and incorporated hereunder, and is only for egress from the Ranelletti Property by vehicular traffic in the direction indicated in Exhibit B. 4. Waiver. Ranelletti hereby waives and quitclaims any claim they may have to any other easement or license for vehicular access over the SLMC Property. 5. Barriers. The Parties each covenant and agree for themselves and their successors and assigns, that they shall not erect, construct, place or maintain or permit the erection, construction, placement or maintenance of any fence, wall, curb, or other barrier which in any manner interferes with or restricts the full and complete use and enjoyment of the Easement granted above. 6. Term of Easement. The initial term of this Easement shall be for five years from September 21, 1993; thereafter this Easement may be terminated by SLMC at its option for any reason or no reason upon ninety days' prior written notice to Ranelletti. Ranelletti will execute and acknowledge a quitclaim deed or other appropriate documentation to this effect if requested by SLMC. This Easement may be terminated earlier as provided in Section 12 below. 7. Nonuse of Easement. Ranelletti's nonuse of the Easement granted herein shall not terminate the easement or be deemed abandonment. 8. Authority: Further Assurances. Ranelletti and SLMC each have the right, power, legal capacity, and authority to enter into, and perform their obligations under this Easement. SLMC agrees that it will do any further acts for the purpose of perfecting the grant of this Easement that Ranelletti may reasonably require. 9. Assignment by Ranelletti. Ranelletti shall have the right to assign or otherwise transfer Ranelletti's interest in this Easement. 10. Entire Agreement. This instrument and the Settlement Agreement contain the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications. concerning this instrument shall be of no force and effect excepting a subsequent modification in writing, signed by the party to be charged. 11. Attorney's_ Fees. In the event of any controversy, claim or dispute relating to this instrument or the breach thereof, the prevailing party in such controversy, claim or dispute shall be entitled to recover from the losing party reasonable expenses, including attorney's fees and costs. 15: /Agmt/SLMCcan.eas 0127048/091693 2 12. Binding on Successors: Early Termination. 12.1 Except as provided below, this Easement shall be binding on the Parties' respective beneficiaries, heirs, successors, transferees, grantees, partners and assigns, including, without. limitation, all persons who acquire or hold (1) title to one or more of the various properties described herein; (2) a security interest in or lien on one or more of the properties described herein; (3) a leasehold interest in one or more of-the properties described herein; and (4) any other interest in one or more of the properties described herein. 12.2 The Parties hereto do not warrant. that this Easement will not breach any agreements they may have with any party having a security interest or option to purchase the property or that any consents which may be required have been received.. If, in the reasonable opinion of grantor, as a result of the Easement, any lender or optionee is likely to declare a default under any loan or option agreement due to this Easement, then the grantor shall have the option of terminating this Easement upon ten (10) days' prior written notice to the other party. 12.- 3 Any notice providing for a termination of this Easement shall state the party's reasons fo believing that a lender or optionee is about to declare a default. 12.4 Should any grantor terminate this Easement,.the other party may terminate its reciprocal easement granted under the Settlement Agreement. IN WITNESS WHEREOF, the parties hereto have executed_ this instrument the day and year first written above. RANELLETTI: WILLIAM RANELLETTI MARY RANELLETTI STATE OF CALIFORNIA COUNTY OF SAN LUIS OBISPO On this _ day of a Notary Public7mil- and for sa ( SAN LUIS MEDICAL CLINIC, LTD.: WITNESS my hand and official seal. By Patrick Vaughn,- President By Gary L. Harkins,. Secretary ss. in the year_1993, before me, the undersigned, sally appeared William Ranelletti f_aersonally known actory evidence l to be the person whose name is idged that he executed it. Notary Public 15: /Agmt/SLMCran.eas 0127048/091693 3 J STATE OF CALIFORNIA ) ) ss: COUNTY OF SAN LUIS OBISPO ) On this day of in the year 1993, before me, 'the undersigned a Notary Public iu and for said State; personally appeared Mary Ranelletti Inersonallv known to me /proved to me on the basis of satisfactory evidencel to be the person whose name i`s.subscribed to this instrument, and acknowledged that she executed it. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) On , 1993, before me, , personally appeared Patrick Vaughn, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his 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: Notary Public STATE OF CALIFORNIA ) ss. COUNTY OF SAN LUIS OBISPO ) On , 1993, before me, _ _ _ , personally appeared Gary L. Harkins, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity and that by his signature on the instrument the person(s) or the entity upon behalf of which the persons) acted, executed the instrument. WITNESS my hand and official seal: . Notary Public . % /Agmt/SLMCran.- S 4 0127048/091693 Exhibit A-1 San Luis Medical Clinic Property Lot 9 in Block 100 of Mission Vineyard-Tract, in the City of San IA& Obispo, County of SAn Luis Obispo, State of California, as per map filed in Book A, Page 143. of Maps, in the Offidb of the County Recorder of said County. 15:SLN4CexA.insc- Real property situate in the City of San Luis - Obispo, County of San Luis Obispo, State of California, more particularly described as follows: The northeasterly 40 feet of Lot 6 in Block 100 of the Mission Vineyard Tract, in the City of_San Luis Obispo, County of San Luis Obispo,, State of California, as per map recorded. March 8, 1873 in the office of the .County Recorder of said County. A 15 foot easement for ingress and egress to the rear portion of Grantee's property. Said easement shall be for vehicular and pedestrian traffic to and from Marsh Street and shall be located on the following described property: The southwesterly 10 feet of Lot 6 and the northeasterly 15 feet of Lot 7, block 100 in the Mission Vineyard Tract in the City of San Luis Obispo. The deed by which. said easement was acquired recites as follows: 'The term of said easement shall be from the date hereof through August, 1971. Thereafter, Grantor shall provide an adequate vehicular and pedestrian easement from either Harsh Street, Pacific Street, Chorro Street or Morro Street to the rear portion of said property owned by the grantees which is further described as follows: The northeasterly 40 feet of Lot 6., Block 100 in the Mission Vineyard Tract in the City of San Luis Obispo.' EXHIBIT 0 ,2 ELI jvd6aqv (I-OPE VME- us- 51+A) ti (N t r034. IA' ft 8 EXHIBIT jm. Recording Requested by and when Recorded return to: City Clerk City of San Luis Obispo 990 Palm St., P.O. Box .8100 San Luis Obispo, CA 93403 -8100 RESOLUTION NO. 8206 (1993 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO CONSENTING TO THE FIRST_ AMENDMENT TO THE PURCHASE AGREEMENT BETWEEN CLINIC PROPERTIES AND THE CITY 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 First Amendment to Purchase Agreement and Escrow Instructions between Clinic Properties and the City of San Luis Obispo, dated December 20, 1988, and recorded as Document No. 19043, Official Records, San Luis Obispo County, California, at Volume 32.90, :Page 756, on March 30, 1989. SECTION 2. The Mayor is authorized to sign the "First Amendment to the Purchase Agreement and Escrow Instructions Between Clinic Properties and the. City of San Luis Obispo," attached hereto as Exhibit "A" and incorporated herein by reference, on behalf of the City. Upon motion of_ Settle._ , seconded by Romero and on the following roll call vote: Ayes: Council Members Settle, Romero, Rappa, Roalmau, and Mayor Pinard Noes. None Absent: None the foregoing Resolution was adopted this 7th day of September 1993. ATTEST: D' ne Gladwe. , City Clerk APPROVED*AS TO FORM: 90"r/ 04 EXHIBIT R =8206 First Amendment to the Purchase Agreement and Escrow Instructions Between clinic Properties and the city of San Luis Obispo The Purchase Agreement and Escrow Instructions ( "Agreement") entered into on December 20, 1988, by and between Clinic Properties ( "Sellers ") and the City of San Luis Obispo ( "Buyer "), and recorded as Document No. 19045, Official Records, San Luis Obispo County, California, at Volume 3290, Page 756, on March 30; 1989, is hereby amended As follows: 1. Paragraph 15 is deleted and replaced with new Paragraph 15 to read: "15. Sellers" Riaht to Cross After Close of Escrow: Subsequent to Close of Escrow Buyer agrees to allow Sellers the non - exclusive use of the Property as would be permitted to the general public. Buyer agrees to maintain a driveway ramp adjacent to property at 883 Marsh Street and to allow Sellers to use this and the paved entry to the Marsh Street Parking Structure to access the Parent Property provided owners of the property at 883 Marsh Street also agree to permit such access. if the Sellers' easement for right -of -way across the adjacent property at 883 Marsh St. terminates for any reason, or upon notice that the easement for right of way is to be terminated (whichever is sooner-), Buyer agrees to provide, upon request, direct access to the Parent Property across the Property. Seller agrees that it will bear the cost of preparing the Parent Property for this alternative access, including the removal of existing fencing and parking blocks as well as the installation of a driveway. This permission is granted as long as the adjacent property at 871 Marsh Street is needed as the entry to the Marsh Street Parking Structure. If this condition changes, permission is revocable upon 90 days written notice." All other terms and conditions of the Agreement shall remain in full force and effect and shall continue to bind the parties hereto. Exhibit "A" . i IN WITNESS WiiEREOF, the parties hereto have executed this First Amendment to the Agreement this day of , 1993. CITY OF SAN LUIS OBISPO: By: 9 k 4 May Peg Pinard ATTEST: Ijgn Glades 11, y dletk • .. Form: 2//,_. 2 By: By: CLINIC PROPERTIES: (notarization) Approved as to Form: Attorney for Clinic Properties rM • Ito 6CC for I �� rr II•r 'i vuL . J2 Pr%559 ` THE CITY OF SAN LUIS OBISPO, a .anicipal corporatioa. bereinafter called "Crantor." hereby conveys to !r)RAltt♦ V. COOfSOK and Iowa D. COOFSOM, tbeir beirs and assigns. hereinafter called "Grantee. "'a IS foot easemment for intrass sad egress to the rear portim of Grantee's property which is Presently under lease '•''F Co the Southern Counties Gat Oo.pag7. Said easement shall be for vehicular and pedestrian traffic to and from_ "`;, r- March Street-=4 shall be located an the follarint described property: <. The southwesterly 10 feet of lot 6 avid tbe'aortbeastarly IS feet of lot 7, block.100, in the Kissioi-Vint7ard tract la the qua-la. Sao Lois Obispo, The taro of said eaeeamt shall be from the date hereof tbrrwg#: kiva to 1971. Thereafter, - Canter shall proiide OR ade"to vehicular aat-jeastrisa easeneat from either marsh Street. taeifie Street. chorro Street ot•iloii ureikN' - to the rear portiei of -said Property creed by the Craaeees which i='.`frietler ...T '•. . described as follows: The northeasterly 60 feet of lot 6. block 100. in the ltissioa ":. : c !` Vingard Tract in the City of Ssi; Luca Obispo. DATE: April 6. 1959 CITY of SAN LUIS OBISPO b v s 1 :r. EXHIBIT G- �i v I 1 �- • 1 W a Va e45-- 560 3 RESW=ON tio. --L.-I (1959 Series) A PESQLTII0N AUTHORIZIN3 MMC'JTIa! OF F-kSL-z---N'r TO H. N. AND RITH D. COOKS011. 2 VUEREAS, certainp=perty owmm have agreed to acquire and hold lands for city off—street perking parposeaj and WIMUSs In order to oormy said partials at a Stature dato, it vas nec*"-.*%*- to relocate an em nt for ingm3s and al less; tICU TU2MPME BE IT RESOLVED by tbo Comail, of the City of San Luis Obispo a3 tallovat Tbats in oa=Idzr&t:Lon. of the foregoing pl= and azrcexmt, the. Mayer is bereby amtharized to emecate on bebwO of the City that certain ease=*&. dated April 6. 299 conviVing to Reward N. and Ruth D. Cockeom an easement for ingress and egrets uticb the C*=cIl has ditermined min not interfere with 4.L pzvPoved patella vae of said pe=4. Said ezooment ebal I be recorded. PISSM AMA . DOPM this . 6th.day-of April, 1959 by the fonotdn z roal� can voter A7ESt Nels Beck, Kichard G. SIc'.;h:, Kenne:h W. Fred H. Luc"iI.1irvie, :OILS t Sons A'BSW. J. Barry snith ATMSTI /s/ J. H. Fitzparr;ck Civmzerr- Fred.!*. Lucksint;vr mayor vot 692 m561 I• J. R. Mtapatrick, ths.doly eleetad• Qualified and acting City Ctert of tbs. City of Us U ds Obispo* do . hereby certify that the fojginlas iii fallo trot and corset copy of Resolutim Rb. S28 . -Ms. snuo Pasttd -dud adopted by tic Cao.til of thi.Clty of sss Latt Obisp ou the 6 day of April vllwC'S q bmd ftd-tba saei of tbt City of ran Luis Obispo chit i 4k4 pf ..+ A pril 11�. E* Qerk County r,ft-o,an Fee $-:I - Indexed V � 1 N 1 W „23 t�:. .. ..�= Document Ai��, =' A�� 1MllN.'OAST_�afw hl. VOLq:!?- OHie:al Records P.i.S'9 SAM L.UIS OBISPO COUNTY, CAL- APR o -1959 County r,ft-o,an Fee $-:I - Indexed V � 1 N 1 W RESOLUTION NO. 8205 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO GRANTING APPROVAL OF VESTING TENTATIVE TRACT NO. 2134. LOCATED AT 953 ORCUTT ROAD 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 2134 and the Planning Commission's recommendations, staff recommendations, and reports thereof, makes the following findings: 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 M -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. 5. 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 220 -92. SECTION 2. Conditions. The approval of the tentative map for Tract 2134 is subject to the following conditions: 1. Subdivider shall obtain approval of rezoning application PD 220 -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 66474.2 of the Subdivision Map Act, and including all provisions of the ordinance approving Planned Development Rezoning PD 220 -92. Environmental impact mitigation measures identified in the ordinance approving Planned Development Rezoning PD 220 -92 shall be conditions of approval of this vesting tentative map. Resolution No. 8205 (1993 Series) Tract 2134 Page 2 3. Phase II of the development will require the public street to extend to at least the southerly driveway serving building A. This is subject to change if the developer changes the phasing proposed. 4. The extended public street will be named Sacramento Drive. 5. A common driveway /maintenance agreement is necessary for common parking areas. Frontage Improvements 6. Subdivider shall install the required Orcutt Road frontage improvements (curbs, gutters, 4' detached sidewalk, including culverts and parkway landscaping, at the ultimate alignment established by the City Council (110 ft R/W), to the satisfaction of the City Engineer. Subdivider shall install necessary pavement, signing and striping to accommodate left turn pockets for both directions and necessary transitions at both ends of his project, to the satisfaction of the City Engineer. Subdivider shall pay to the City, the cost of additional remaining Orcutt Road pavement to accommodate the ultimate street section (to be included in a future City project), to the satisfaction of the City Engineer. 7. City will pay for additional Orcutt Rd. R/W dedication (indicated on the tentative map). The amount shall be negotiated between the property owner (or his representative) and the City and shall be based on fair market value. 8. Access rights along Orcutt Rd. shall be dedicated to the City. 9. The subdivider shall dedicate a 10' wide (minimum) public utility easement and 10' wide street tree easement along all public street frontages, to the satisfaction of the City Engineer and public utility companies. 10. The proposed public street shall be designed as a 60' R/W with 44' curb to curb, 8' parkways with 6' wide integral sidewalks. Pavement/base section shall be designed with a TI =8 (decorative pavement in the public R/W will not be permitted). A bicycle lane shall be provided on each side of the street, and parking shall be prohibited on the west side of the street. The bridge section shall include two 12 foot driving lanes, two 5 foot bike lanes, and an 8 foot sidewalk on one side. Upon connection to Sacramento Dr., the roadway shall transition to meet the existing curb alignment of Sacramento Dr., to the satisfaction of the City Engineer. The street Resolution No. 8205 (1993 Series) Tract 2134 Page 3 profile and building sites shall be designed to accommodate the existing grades of Orcutt Rd. and the future grade changes required for the railroad overpass. 11. A median island in the new street will not be permitted. 12. Phasing of the construction of the public street shall provide for the ultimate street section and pavement life (per the City's Pavement Management Plan) at the end of the phase III. The subdivider's engineer shall include this requirement in the public improvement plans, to the satisfaction of the City Engineer. 13. Driveway ramps (or alley -type entrances with minimum radii of 30') shall be constructed per City standards in lieu of the street type driveways proposed, to the satisfaction of the City Engineer. 14. The subdivider shall construct a bus stop on Orcutt Rd (shelter, signing, trash receptacle, etc...), on the southerly side of Orcutt Rd and westerly of the new street, to the satisfaction of the City Engineer. 15. The subdivider shall install street lighting per City standards, including off -site street lighting along roadways leading to and from the proposed. development, to the satisfaction of the City Engineer. Street Trees 16. Street trees are required to be planted per City Standards (the number of trees are determined by one tree required for each 35 linear feet of street frontage) at the time of lot developments. An exception shall be for any trees required as part of mitigation measures established by the Dept. of Fish & Game. In no case, shall any tree be planted in a location which may be in conflict with any earth fill, retaining walls, etc... associated with a future railroad overpass. Species: As determined by the City Arborist. Water, Sewer & Utilities 17. Construction of the public sewer main through to the Sacramento Drive sewer main must occur as part of phase I of the development (including any necessary improvements required to cross the creeks). 18. Any sewer mains outside of dedicated public right -of -way shall be privately owned and maintained by the property owner's association. Resolution No. 8205 (1993 Series) Tract 2134 Page 4 19. Sewer lift station charges are required to be paid prior to recordation of the final map as determined by the City Engineer and Utilities Engineer. ($4,143.83) Fees can be incrementally paid with each phase of the development at the time of building permit issuance subject to the approval of the City Engineer and Finance Director. 20. The final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) are subject to change to the satisfaction of the City Engineer and Utilities Engineer. 21. The subdivider shall dedicate an easement for the public water system over all parking areas (including planters and raised medians) within lots 3 -7, to the satisfaction of the City Engineer and Utilities Engineer. The easement is for operation, maintenance, repair, and replacement of the public water distribution system. 22. The proposed looped on -site water main, service laterals and meters (serving lots 3 - 6) shall be an extension of the public water system. The 8" dead -end water line between lot 5 and lot 6 shall be privately owned and maintained. 23. The public water main may be phased with the approval of the Fire Department with regards to required fire flows. The City will participate in any line upsizing of public water mains (increases above the size required to provide fire flow or the City's 8" minimum, whichever is larger). 24. The public street must be constructed through to Sacramento Drive as part of phase 3. 25. Water services, water meters and fire lines serving lot 7 shall be connected to the water main in the new public street, not from the on -site water main. 26. The subdivider shall underground all existing overhead utilities along the southerly property frontage of Orcutt Rd, to the satisfaction of the City Engineer and utility . companies. Site, Grading & Drainage 27. All bridging or other modifications to the existing creek channels must be in compliance with the City's Flood Management Policy Book (specifically regarding clear spanning of creeks, etc...) and approved by the City Engineer, Corp of Engineers and Fish & Game and must meet City standards and policies. The crossing of the southerly creek channel for the connection to Sacramento Drive shall be designed as a bridge or free span arch. No pipe culverting of this channel shall be allowed. Resolution No. 8205 (1993 Series) Tract 2134 Page 5 28. Clearing of existing creek and drainage channels, including any tree pruning or removals, and any necessary erosion repairs shall be to the satisfaction of the City Engineer and the Dept. of Fish & Game. 29. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements and drainage facilities shall be provided, to the satisfaction of the City Engineer. Traffic 30. Traffic impact fees listed as a condition in the Ordinance rezoning the property to M- PD (PD 220 -92) shall be paid prior to issuance of building permits for Phase I. 31. The City is expected to adopt a new traffic impact fee ordinance sometime in 1993. That ordinance may impose additional traffic fees, and /or may allow credit for fees itemized above. 32. The subdivider shall be entitled to reimbursement for excessive costs incurred to install the major bridge.(or free span arch), and water main within the bridge /arch limits at the southwest corner of the tract in order to extend Sacramento Drive to Orcutt Road. The reimbursement will be based on costs in excess of the developer's responsibility of 20/60 (33.33%) of the final cost for the work, excluding base, pavement, sidewalks and railings, water main within the area of the bridge /culvert and other utilities, in accordance with provisions of Municipal Code Section 16.44.091. Such reimbursements shall be paid to the subdivider only when and if prorated shares are collected from the developers of new projects which benefit from this improvement, as determined by the City Engineer, and subject to an agreement, as-prescribed in said regulations. Other 33. All boundary monuments, lot corners and centerline intersections, BC's, EC's, 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 or parcel map. A 5 -1/4" diameter computer floppy disk, containing the appropriate data for use in autocad for Geographic Information System (GIS) purposes, is also required to be submitted to the City Engineer. Resolution No. 8205 (1993 Series) Tract 2134 Page 6 On motion of Council Member Romero , seconded by Council Member Rappa , and on the following roll call vote: AYES: Council Members Romero, Rappa, Roalman, Settle, and Mayor Pinard NOES: None ABSENT: None the foregoing resolution was passed and adopted this 31st day of August , 1993. Mayor p g Pinard ATTEST: 1 Jerk Dian R. G1 ell APPROVED: cw�/IQ 4 - tto ey p U� �� �� �.��`� L` s�. �.. �'��'� ��ri= ��J ��� ,� RESOLUTION NO. 8204 (1993 Series) A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING THE FILING OF APPLICATION WITH THE SAN LUIS OBISPO COUNCIL OF GOVERNMENTS, FOR A GRANT UNDER THE "REGIONAL" SURFACE TRANSPORTATION PROGRAM, AND AUTHORIZING THE •CITY ADMINISTRATIVE OFFICER, OR HIS DESIGNEE (PUBLIC WORKS DIRECTOR), TO EXECUTE AND FILE APPLICATIONS ON BEHALF OF THE CITY WHEREAS, the Secretary of Transportation is authorized to make grants for transportation programs of projects and budget; WHEREAS, the applicant must certify that the requested funds will be expended within 24 months of the project's scheduled start date; and NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo: SECTION 1. That the City Administrative Officer, or his designee (Public Works Director) , is authorized to execute and file applications on behalf of the City of San Luis Obispo with the San Luis Obispo Council of Governments to aid in the financing of the planning and capital for the Multi Modal Transit Transfer Center. SECTION 2. That the City Administrative Officer, or his designee (Public Works Director), is authorized to furnish such additional information as the San Luis Obispo Council of Governments may require in connection with the application for the program of projects and budget. SECTION 3. That the City Administrative Officer, or his designee (Public Works Director) , is authorized to execute grant agreements on behalf of the City of San Luis Obispo with the San. Luis Obispo Council of Governments for aid in the financing of the planning and capital of the Multi Modal Transit Transfer Center. Upon motion of Council Member Romero , seconded by Council Member Settle and on the following roll call vote: AYES: Council Members Romero, Settle, Roalman, and Mayor Pinard NOES: None ABSENT: Council Member Rappa the foregoing resolution was adopted this 17th day of August 1993. R -8204 U � Resolution No. 8204 (1993 Series) & V �.N4� Mayor Peg fAnard Diane .� -ti - ?ft//AttYneV ftarescog.hwl 4ti C Zt. l G J c6X RESOLUTION NO. 8203 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING THE CITY'S AFFIRMATIVE ACTION PLAN WHEREAS,the City of San Luis Obispo is committed to the concept of Equal Employment Opportunity as a basic principle that all persons shall be given equal access and consideration to positions in the public service limited only by their ability and qualifications to do the job, and WHEREAS, Equal Employment Opportunity can best be achieved through definitive programmed affirmative action, and WHEREAS, it is the City Council's responsibility to review the updated Affirmative Action Plan every odd - numbered year, and WHEREAS, the City of San Luis Obispo has had an Affirmative Action Program since 1979, NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis Obispo hereby adopts the updated Affirmative Action Plan, attached hereto marked Exhibit A and incorporated herein by reference, and rescinds Resolution No. 6987 (1991 Series). R -8203 Resolution No. 8203 (1993 Series) Upon . motion of Council Member Roalman seconded by Council Member Settle and on the following roll call vote: AYES: Council Members Roalman, Settle, Romero, and Mayor Pinard NOES: None ABSENT: Council Member Rappa the foregoing resolution was adopted this ATTEST: �-(ZL D ' O Gladwe , City PTerk ity tto n 17th M or Peg Pinard day of-August,. 1993. ��✓ G�� � ���, RESOLUTION N08202(1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE ESTABLISHMENT OF PARKING CITATION FEES, PENALTIES, SURCHARGES, AND PROCESSING WHEREAS, State law provides, in Vehicle Code Section 40203.5, that cities establish the amount of parking penalties, fees, and surcharges; and WHEREAS, State law authorizes the City to recover administrative fees, parking penalties, fees and. collection costs related to civil debt collection, late payment penalties, and other related charges; and WHEREAS, State law and the issuing agencies authorize the adoption of uniform fees, penalties, collection, adjudication process, authority to issue parking citations; and to establish a compliance program for parking citation processing. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: The City has implemented the provisions of AB 408 and hereby establishes the penalties for parking violations, late payment penalties, administrative fees, and other related fees for all parking violation codes set forth in Attachment 1, attached hereto and incorporated herein. 0 On motion of Council Member Settle , seconded by Council Mbr Romer and on the following roll call vote: AYES: Council Member Settle, Romero, Roalman, and Mayor Pinard NOES: None ABSENT: Council Member Rappa the foregoing resolution was passed and adopted this 17th day of, August , 1993. MAYOR G PINARD ATTEST SY tL ERK iane. Gladwell APPROVED 7R, 1/4 j Exhibit A R -8202 a ����� . � , ���� �� �';. ti '� VC23103(B) 1 N - RECKLESS DRIVING - OFF STREETS PARKING FACILITY • r Y C 01/04/93 VC23104 - DATE 01/12/93 1 M RECKLESS DRIVING - BODILY INJURY 775 SAN LUIS OBISPO 'COUNTY MUNICIPAL COURT BAIL SCHEDULE LSLI15-KO53 PAGE- 67 C H A R G E VAR CRIME D E S C R I P T I O N BAIL BAIL PA MAN FN FN FM D C LAST' CODE 3 SECTION 1 M CLASS 780 WITH APP I A REVISED VC23109(R) 1 N F/M /I 160 P/C H V L VC22507.8(C)(I) 1 I PARKING IN SPACE FOR HANDICAPPED - ON LINES MARKED 275 NAP N N 5 T C 01/05/93 VC22507.8(C)(2) 1 I PARKING IN SPACE FOR HANDICAPPED - PARKING 'LOT 275 NAP N N 5 T C 01/06/93 VC22510 1 M 1 I • PARKING IN SNOW AREAS 20 NAP N H 5 T C 12/31/92 VC22511.7 THROWING SUBSTANCE AT VEHICLES 1 I HANDICAP ZONE 275 NAP N N T C 12/31/92 VCU512 4,000 1 1 VEHICLE UNATTENDED 103 NAP N N 5 T C 12/31/92 VC2Z513 MAP T 1 1 TOW CARS - PARKING ON FREEWAY 20 MAP N H 5 T C 01104/93 VC22514 T 1 I FIRE HYDRANTS 20 MAP H N 5 T C 01/04/93 YC22515(A) 12 1 I UNATTENDED VEHICLES -SET BRAKES /STOP MOTOR 20 HAP M N 5 T C 01104/93 VC22515(8) T C 06112/92 1 I UNATTENDED VEHICLES -SET BRAKES/WIIEELS /PREVENT MOVE 20 HAP N N 5 7 C 01/04/93 VC22516 T C 06/12/92 1 1 LOCKED VEHICLE 103 MAP Y N N T C 12/31/91 VCZ2517 V=114(A) 1 1 OPENING AND CLOSING DOORS 103 NAP 'N N 5 T C 12/31191 VC22520 tf r 1 1 STOPPING ON.FREEWAT 20 NAP Y N T C 01/04/93 T C 01104/93 VC2Z520.5 Q 1 I VENDING ON FREEWAY RIGHT -OF -WAY 103 NAP Y N T C 12/31/91 VC22520.5(A) 0 1 I - VENDING ON FREEWAY RIGHT -OF -WAY 103 HAP Y H C a COMMISSIONERS THIS PAGE T C 07/29192 VC2Z521 /1 1 I ILLEGAL TO PARK ON RAILROAD TRACKS 20 NAP H N 5 T C 01/04%93 VC2252Z t 1 I PARKING NEAR SIDE WALK ACCESS RAMPS 275 HAP Y H T C 01/04/93 VC22523(A) <z 1 I VEHICLE ABANDONMENT 270 RAP N N 5 T C 12/31/91 VC22523(B) I I VEHICLE ABANDONMENT 270 HAP H N 5 T C 12/31/91 VC22526(A) 1 1 BLOCKING INTERSECTION PROHIBITED -ANTI- GRIDLOCK 50 HAP Y H T C 01/04/93 VC22526(B) 1 I BLOCKING INTERSECTION 50 NAP Y N T C 12/31/92. VC22ASO 1 I UNLAWFUL REMOVAL OF UNATTENDED VEHICLE 103 HAP Y N T C 01/04/93 VC22651(0) 1 I VEHICLE PARKED /LEFT STANDING TO OBSTRUCT TRAFFIC 103 HAP Y H T C 1Z/31/91 VC22658.1 1 I TOW COMPANY - REPORT DAMAGE 103 NAP Y H T C 12/31/91 VC22658(L) 1 I TOW COMPANY - ILLEGALLY REMOVING VEHICLE 103 NAP T N T C 09/26/92 VC22951 1 I PARKING LOT - STREET AND ALLEY PARKING 20 NAP Y N T C 01/04/93 VC22952(A) 1 I PARKING LOT - TOWING OR REMOVAL 103 NAP Y N T C 12/31/91 VCZ2952(s) y 1 I PARKING LOT - TOWING OR REMOVAL 103 NAP Y N T C 12/31/91 VC23103(B) 1 N - RECKLESS DRIVING - OFF STREETS PARKING FACILITY 345 NAP Y Y C 01/04/93 VC23104 - 1 M RECKLESS DRIVING - BODILY INJURY 775 HAP Y Y C J 12131/91 VC23104(8) 1 F RECKLESS DRIVING - GREAT BODILT INJURY W /PR CONV 4,000 NAP Y Y C J 12/31/91 VC23109(A) 1 M ENGAGING IN SPEED CONTESTS 780 NAP Y Y C J 12/31/91 VC23109(R) 1 N AID AND ABET SPEED CONTEST 160 HAP Y H T C 12/31191 VC23109(c) 1 M EXHIBITION OF SPEED 235 NAP Y Y T C 1Z/31/91 VC23109(C) 2 1 EXHIBITION OF SPEED 103 HAP Y Y T C 01/04/93 VC23109(D) 1 M PLACING BARRICADES 235 HAP Y N T C 12/31/91 VC23110(A) 1 M THROWING SUBSTANCE AT VEHICLES 180 NAP Y Y C J 12/31/91 VC23I1D(B) 1 F THROW MISSLE V /IMTENT TO 00 SERIOUS BODILY HARM 4,000 NAP T Y C J 12/31/91 VC23111 1 I THROWING LIGHTED SUBSTANCE ON HIGHWAY ZTO MAP T T 31 12 T C 06/12/92 VC23112.5 1 M HAZARDOUS MATERIALS - NOTIFICATION OF AGENCY 5,400 MAP T T C J 01/08/93 VC23112(A) 1 I DUMPING ON HIGHWAY 270 NAP Y Y 31 12 T C 06/12/92 V=112(B) 1 I DUMPING ON HIGHWAY 270 HAP Y Y 31 12 T C 06112/92 VC23113(A) 1 I REMOVAL OF MATERIAL FROM HIGHWAY 270 HAP Y T 31 12 T C 06/12/92 VC23114 1 M SPILLING LOADS ON HIGHWAYS 100 NAP Y N T C 12/31/91 V=114(A) 1 M SPILLING LOADS ON HIGHWAYS 100 NAP Y N T C 01104/93 VC23114(B) 1 M SPILLING LOADS ON HIGHWAYS 100 MAP Y N T C 01/04/93 Y a YES VAR = VARIATION DIVISION: C a CRIMINAL TEXT OF 5 NO PENALTY ASSESMENT ON PARKING VIOLATION M a NO F a FELONY T a TRAFFIC FOOTNOTES 31 MANDATORY FINE PURSUANT TO VC42001.7(A) H = MISDEMEANOR CALENDAR: J a JUDGES USED ON 12 B.HOURS LITTER PICKUP REQUIRED I = INFRACTION C a COMMISSIONERS THIS PAGE .r DATE 01/12/93 SAN LUIS OBISPO 000NTY MUNICIPAL COURT BAIL SCHEDULE LSL115 -HO53 PAGE 66 C,H A R C E VAR CRIME D E'S C R I P T I O N BAIL BAIL PA MAN FN FN FM D C LAST CODE 3 SECTION CLASS WITH APP I A REVISED F/H /I P/C V L VC22407 27 1 TRUCK SPEEDING - ZONE: 40 SPEED: 51-55 270 MAP Y N T C 12/31/91 VC22407 28 1 TRUCK SPEEDING - ZONE- 40 SPEED: 56 -60 .270 NAP Y N T C 12/31/91 VC22407 29 I TRUCK SPEEDING = ZONE: 40 SPEED: 61 -65 270 NAP Y N T C 12131/91 VC22407 30 I TRUCK SPEEDING - ZONE: 40 SPEED: 66 -0VER 270 MAP Y N T C 12/31/92 VC22407 31 I TRUCK SPEEDING - ZONE: 45 SPEED: 41 -45 135 RAP Y N T C 12/31/91 VC22407 32 I TRUCK SPEEDING - ZONE: 45 SPEED:-51-55 135 NAP Y N T C 12/31/91 VC22407 33 I TRUCK SPEEDING - ZONE: 45 SPEED: 56 -60 270 NAP T N T C 12/31/91 VC22407 34 I TRUCK SPEEDING - ZONE:.45 SPEED: 61 -65 270 MAP T N T C 12/31/91 VC22407 35 I .TRUCK SPEEDING - ZONE: 45 . SPEED: 66 -70 270 NAP Y N T C 12131/91 VC22407 36 1 TRUCK SPEEDING - ZONE: 45 SPEED: 71 -OVER 270 NAP T W T C 12/31/91 VC22407 37 I TRUCK SPEEDING - ZONE: 50 SPEED: 51 -55 135 NAP Y N T C 12/31/91 VCZ2407 38 I TRUCK SPEEDING - ZONE: 50 SPEED: 56 -60 135 RAP T N T C 12/31/91 VC22407 39 I TRUCK SPEEDING - ZONE: 50 SPEED: 61 -65 270 NAP Y N T C 12/31/91 VC22407 40 1 TRUCK SPEEDING - ZONE: 50 SPEED: 66 -70 270 NAP Y N T C 12/31/92 VC22407 41 I TRUCK SPEEDING - ZONE: •50 SPEED: 71 -75 270 HAP Y N T C 12131/91 VC22407 42 I TRUCK SPEEDING - ZONE: 50 SPEED: 76 -OVER 270 NAP Y R T C 12/31/91 VC22409 1 I SOLID TIRE VEH.SPEED RESTRICTED (SEE VC 22350) NAP NAP Y N T C 12/31/91 VC22410. 1 I METAL TIRE-VEHICLE EXCEEDING 6 MPH 103 NAP Y N T C 12/31/91 VC22450 1 I STOP SIGN REQUIREMENTS 103 NAP Y N T C 12/31/91 VC22451(A) 1 1 FAILURE TO STOP FOR TRAIN SIGNALS 103 RAP Y N T C 12/31/91 VC22451(8) 1 1 FAILURE TO STOP FOR TRAIN SIGNALS 103 NAP Y N T C 12/31/91 VC22452(B) 1 I RAILROAD CROSSINGS 103 RAP Y N T C 12131/91 VC22453 1 I FAILURE OF DRIVER FOR HIRE TO STOP AS REQUIRED 103 RAP Y N T C 12/31/91 VC22454 1 I FAILURE TO STOP FOR FLASHING SIGNALS ON SCHOOL BUS 405 NAP T N 2 T C 05/11/92 VC22500.1 1 1 STOPPING/STANDIMG/PARKINGe FIRE LANE MAP N N 5 T C 01/06/93 VC22500(A) 1 I STOPPING /STANDING/PARKINC: WITHIN INTERSECTION 20 NAP N N 5 T C 12/31/92 VC22500(B) 1 1 STOPPING /STANDING/PARKING: ON A CROSSWALK 20 RAP N N 5 T C 12/31192 VC22500(C) 1 I STOPPING /STANDING/PARKING: BETWEEN SAFETY ZONE 20 NAP N N 5 T C 12/31/92 VC225000) 1 I STOPPIMG/STARDING/PARKING: Y /IN 151 FIREHOUSE ENTR • 20 MAP N N 5 T C 12/31192 VC22500(E) 1 1 STOPPING /STANDING /PARKING: PUBLIC /PRIVATE DRIVEWAY 20 RAP N N 5 T C 12/31/92 VCZZ500(F) 1 1 STOPPING /STANDING /PARKING: ON SIDEWALK 20 NAP N N 5 T C 12/31192 VC22500(G) 1 1 STOPPING /STAROING/PARKING: ALONG /OPPOSITE OBSTRUCT 20 NAP N N 5 T C 01/04/93 VC22500(H) 1 l STOPPING /STANDING /PARKING: ON ROADWAY SIDE OF YEN 20 MAP N M 5 T C 12/31/92 VCZ2500(I) 1 I IMPROPER PARKING IN BUS ZONE 250 NAP N N 5 T C 12/31/92 VCZ2500(J) 1 I STOPPING/STANDIMG/PARKING: IN TUBE OR TUNNEL 20 NAP N N 5 T C 12131/92 VC22500(K) 1 I STOPPING /STANDIMG/PARKING: UPON BRIDGE EXCEPT AUTH 20 NAP N M 5 T C 12131/92 VCZ2500(1) C 1 I IMPROPER PARKING IN VHEELCHAIR ACCESS 250 NAP H N T C 01/04/93 VC22502(A) 0 I I CURB PARKING 20 NAP N N 5 T C 12131/92 VC22502(B) 1 I PARKING OPPOSITE DIRECTION OF TRAFFIC 20 NAP N M 5 T C 12/31/92 VCZZ502(C) F-+ 1 1 CURB PARKING - WHEELS MORE THAN 18 IN. FROM CURB ZO NAP N M 5 T C 12/31/92 VC22504(A) 1 I UNINCORPORATED AREA PARKING 20 MAP N N 5 T C 12/31/92 VC22505(A) 1 1 PARKING ON STATE HVY WHERE SIGN POSTED 20 NAP N M 5 T C 12/31/92 VC22505(B) 1 I POSTED NO PARKING- STATE HIGHWAY 20 NAP N M 5 T C 12/31/92 VC22507 1 I UNLAWFUL PARKING 20 RAP N N 5 T C 12/31/92. VC22507.8(A) 1 I PARKING IN SPACE FOR HANDICAPPED 275 NAP H R 5 T C 12/31/91 VC22507.8(8) 1 I PARKING IN SPACE FOR HANDICAPPED - OBSTRUCT /BLOCK 275 NAP N N 5 T C 12/31/91 Y = YES VAR = VARIATION DIVISION: C a CRIMINAL TEXT OF 2 MANDATORY FIRE N a NO F = FELONY T = TRAFFIC FOOTNOTES 5 NO PENALTY ASSESMENT ON PARKING VIOLATION M a MISDEMEANOR CALENDAR: J a JUDGES USED ON I a INFRACTION C = COMMISSIONERS THIS PAGE DATE 01/12/93 SAN LUIS OBISPO'COURTY MUNICIPAL COURT BAIL SCHEDULE LSL115 -MO53 PAGE 59 C H A R G E CODE R SECTION VAR CRIME D E S CIR I P T 10'N' CLASS. F/M/I BAIL BAIL PA WITH P/C KAN FN FN FN APP D C LAST I A REVISED] V L. .I VCZ1106(B) 1 I CROSSWALK -USE WHERE PROHIBITED 54 NAP T N T C 12/31/91 VC21113(A) Q. 1 I VEHICLE OR ANIMAL ON PUBLIC GROUNDS- MOVING 103 NAP Y N T C 12131/91 YC21113(A) 4 2 1 . VEHICLE OR ANIMAL ON PUBLIC GROUNDS- PARKING 20 HAP Y N T C 12/31/91 VC21113(C) a 1 1 DRIVEWAYS, PATHS, PARKING FACILITIES ON GROUNDS 20 HAP Y N T C 07/02/92 VC21113(F) 5 1 1 MOTORIZED BICYCLES, SKATEBOARDS ON PUBLIC PROPERTY 103 NAP Y N T C 12/31/91 VC21116(A) 1 1 DRIVING ON LEVEE; CANAL BANK, ETC. T C 12131/91 VC21200.5 1 N BICYCLIST RIDING WHILE UNDER INFLUENCE 700 HAP Y Y C J 12/31/91 VCZ1201.5(A) 1 1 SELLING BICYCLE WITHOUT REQUIRED REFLECTORS 54 NAP Y N T C 12/31/91 VC21201.5CB) 1 I SELLING BICYCLE WITHOUT REQUIRED REFLECTORS 54 HAP Y N T C 12/31/91 VC21201(A) .1 I EQUIPMENT REQUIREMENTS FOR BICYCLES 54 0 Y N T C 12/31/91 VC21201(B) 1 I EQUIPMENT REQUIREMENTS FOR BICYCLES 54 0 Y N T C 12/31/91 VC21201(C) 1 I BICYCLE-ALTERED TO RAISE PEDAL MORE THAN 12 INCHES" 54 0 Y N T C 12/31/91 VC21201(D) 1 1 BICYCLE - REFLECTORS REQUIRED AT NIGHT 54 0 Y N T C 12/31/91 VCZ1202(A) 1 I BICYCLIST - KEEP TO RIGHT 54 NAP Y N T C 12/31/91 VC21203 1 I HITCHING RIDES - MOTORCYCLIST, OTHERS. 54 NAP T N T C 12/31/91 VC21204(A) 1 1 BICYCLIST - NOT RIDING ON REGULAR SEAT 54 HAP T N T C 01/04/93 VC21204(B) 1 I BICYCLIST - PASSENGER NOT RIDING ON REGULAR SEAT 54 NAP Y N T C 01/04/93 VCZ1204(C) 1 1 BICYCLIST -; MINOR PASSENGER WEAR :HELMET 54 HAP Y N T C 12131/91 VC21205 1 I BICYCLIST - CARRYING ARTICLES 54 NAP Y N T C 12131/91 VCZ1207.5 1 I MOTORIZED BICYCLES - PROHIBITED OPERATION 54 RAP Y N T C 12/31/92 VC21208(A) 1 I UMPERMITTED MOVEMENTS FROM BICYCLE LANE 54 NAP Y N T C 12/31/91 VC2120BCB) 1 I UNSAFE EXIT FROM BICYCLE LANE 54 HAP Y N T C 12/31/91 VC21209(A) 1 1 MOTOR VEHICLE IN BICYCLE LANE 103 NAP Y N T C 12/31/91 VC21210 1 I BICYCLE LYING ON SIDEWALK 54 NAP Y N T C 12131/91 VC21211(A) 1 1 BLOCKING BIKE LANE 54 NAP Y H T C 12/31/91 VC21211(13) 1 I BLOCKING BIKE LANE 54 NAP Y H T C 12/31/91 VC21367(B) 1 1 FAILURE TO OBEY PERSON AROUND CONSTRUCTION' ZONE 103 NAP Y N T C 12/31/91 VCZ1367(C) 1 I FAILURE TO OBEY SIGNS AROUND CONSTRUCTION ZONE 103 HAP Y N T C 12/31/91 VC21451(A) 1 1 CIRCULAR GREEN SIGNAL 103 MAP Y N T C 12/31/91 VC21451(9) 1 1 GREEN ARROW SIGNAL 103 NAP Y N T C 12131/91 VC21451(C) 1 I FED FACING GREEN- PROCEED BUT YIELD TO LAWFUL VEH 54 HAP Y N T C 12/31/91 VC21451(D) 1 I FED FACING GREEN ARROW SHALL NOT ENTER ROADWAY 54 NAP Y N T C 12/31/91 VC214520) 1 I YELLOW /CAUTION -PED ENTERING ROADWAY AGAINST 54 HAP Y N T C 12/31191 VC21453(A) 1 I VEHICLE STOP AT LIMIT LINE 103 NAP T N T C 12/31191 VC21453(B) 1 I TURNS AFTER STOPPING, RED ARROW 103 MAP Y N T C 12/31/91 VC21453(C) 1 1 TURNS AFTER STOPPING, RED ARROW 103 NAP Y R T C 12/31/91 VC21453(D) 1 1 RED SIGNAL - PEDESTRIAN 54 NAP Y N T C 12131/91 VC21454(A) 1 I LANE USE CONTROL SIGNAL = GREEN INDICATION. 103 NAP Y N T C 12/31191 VC21454(C) 1 ) LANE USE CONTROL SIGNAL - DRIVER NOT ENTER/USE 103 NAP Y N T C 12/31/91 VC21454(D) 1 I LANE USE CONTROL SIGNAL - FLASHING YELLOW USE 103 NAP T N T C 12/31/91 VC21455 1 I RED /STOP STREETCAR TURNING AGAINST 103 NAP Y N T C 12/31/91 VC21456(A) 1 1 FAILURE TO YIELD TO VEHICLES W /IN INTERSECTION 54 NAP Y N T C 1Z/31/91 VC21456(B) 1 I WALK, WAIT OR DON'T WALK 54 NAP T H T C. 12131/91 VC21457(A) 1 1 FLASHING SIGNAL 103 NAP Y N T C 01/14/92 VC21457(B) 1 1 FLASHING SIGNAL 103 HAP Y N T C 01/14/92 .VC21458(A) 1 I CURB MARKING - RED INDICATES NO STOPPING/PARKING 54 NAP Y N T C 12/31/91 Y = YES VAR = VARIATION DIVISION: C = CRIMINAL TEXT OF H = NO F = FELONY T = TRAFFIC FOOTNOTES H = MISDEMEANOR CALENDAR: J = JUDGES USED ON I = INFRACTION . C = COMMISSIONERS THIS.PAGE ,t DATE 01/12/93 SAN LUIS OBISPO COUNTY MUNICIPAL COURT BAIL SCHEDULE LSLIIS -KO53 PAGE 53 C H A R G E VAR CRIME D E.S C R I P T I 0 N DAIL BAIL PA MAX FN FN FM 0 C LAST CODE Z SECTION CLASS WITH APP I A REVISED F/M /I P/C V L VC4463.5(A) 1 F FACSIMILE LICENSE PLATE- SALE/MFG. 2,000 RAP Y Y C J 12/31/91 VC4464 1 I ALTERED LICENSE PLATES 76 RAP Y N T C 12/31/91 VC5011(A) 1 I DISPLAY OF SPECIAL EQUIPMENT PLATES 76 0 Y M T C 12/31191 VC5011(B) 1 I EFF. 1 -1 -86 EXISTING IDENTIFICATION PLATE CANCELED 76 0 Y N T C 12131/91 VC5017 1 I IDENTIFICATION PLATES 76 0 Y R T C 12/31/91 VC5018 1 I TRANSFER OF OWNERSHIP- EQUIPHENT 3 IMPLEMENTS 76 NAP Y N T C 12/31/91 VC5030 1 I MOTORBIKE LICENSE DISPLAY 76 0 Y N T C 12/31%91 VC5035 1 1 MOTORBIKE, LICENSE OF ANOTHER MOTORBIKE 76 RAP Y N T C 12/31/91 VC5037(A) 1 1 MOTORBIKE SOLD AFTER 7 -1 -81 - ASSIGNED PLATES REQ. 76 NAP Y R T C 12/31191 VC5037(8) 1 I MOTORBIKE SOLD PRIOR 7 -1 -81 - PLATES REQ. 1 -1 -82 76 NAP Y H T C 12/31/91 VC5037 1 I LICENSE PLATE REWIRED- MOTORIZED BICYCLE 76 MAP Y N. T C 11/17/92 VC5105.5(D) 1 H USE OF DISPLAY LICENSE PLATE 45 RAP Y M C J 12/31/91 VC5109 1 1 TRANSFER OR RETENTION OF PLATES 76 0 Y N T C 12/31/91 VC5200 i t DISPLAY OF LICENSE PLATES 76 O Y H T C 12/31/91 VC5201 1 I POSITION OF PLATES 76 O Y N T ['12/31/91 VC5201(E) 1 I COVERING LICENSE PLATES 76 MAP Y M T C 01/05/93 VC5202 1 I PERIM OF DISPLAY 76 0 Y N T C 12/31/91 VC5204(A) 1 I CURRENT TAB IMPROPERLY ATTACHED f}_D D 'PT 76 0 Y N T C 12/31/91 VC5206 1 1 QUARTERLY REGIS - DISPLAY CERTIFICATE/IHSICHIA 76 MAP Y N T C 12/31/91 VC5302(D) 1 I DISPLAY. COMPANY NAME ON BOTH SIDES OF VEHICLE 76 RAP Y N T C 12/31191 VC5350.3 1 I SALE OF TRAILER COACH V /OUT CERTIFICATE OF ORIGIN 76 MAP Y M T C 12/31/91 VC5352 1 I REGISTRATION OF TRAILER COACHES 76 0 Y M T C 12/31/91 VC5602(C) 1 1 FAILURE TO NOTIFY DMV OF.SALE OR TRANSFER 76 0 Y N T C 12/31/91 VC5604 1 1 INSURANCE COVERAGE- DEALER TO NOTIFY PURCHASER 76 NAP Y N T C 12/31/91 VC5753 1 I PRIVATE PARTY -SIGN Z DELIVER CERTIFICATE TO TRNSFE 76 MAP Y N T C 12/31/91 VC5753 2 M DLR -SIGN d DELIVER CERT. TO TRANSFEREE 45 NAP Y N C J 12/31/91 VC5900(A) 1 1 NOTICE BY OWNERS 76 O Y N T C 12/31/91 VC5900(8) 1 1 NOTICE BY OWNERS 76 0 Y N T C 12131/91 VC5900(C) 1 I NOTICE BY OWNERS 76 O Y N T C 12/31191 VC5901(A) 1 M TRANSFER OF OWNERSHIP- DEALER NOTIFY DMV 45 RAP Y . M T C 12/31/91 VC5901(B) 1. M TRANSFER OF OWMERSRIP -DLR TO NOTIFY DMV OF MILEAGE 45 NAP T M T C 12/31/91 VC5901(C) 1 M TRANSFER OWNERSHIP - PERSON IM POSS.MOTIFY DMV OF MI 20 0 Y N C J 12/31/91 VC5902(A) I I FAILURE TO APPLY FOR TRANSFER 76 0 T N T C 12/31/91 VC5906.5(A) 1 I TRANSFER OF VEHICLES -NO APPREQ- NDTIFT DIN OF MILD 76 0 Y N T C 12/31/91 VC5906.5(B) 1 I TRANSFER OF VEH -NO APP RED - PERSON IN POSS TELL DMV 76 D Y N T C 12/31/91 VC6700 1 I USE OF FOREIGN LICENSE PLATES 76 NAP Y N T C 12/31/91 VC670O(A) 1 I USE Of FOREIGN LICENSE PLATES 76 NAP Y N T C 03/03/92 VC6855(A)(B)(C) 1 I FOREIGN MOTOR CARRIER — ICC REGISTRATION 76 NAP Y N T C 12131/91 VC8008 1 1 RECIPROCITY PERMIT- OBTAIN /CARRY W/VEHICLE WHEN REO 76 0 Y N T C 12/31/91 VC8160 1 I PROPORTIONATE REGISTRATION- RETAIN RECORDS '4 YEARS 76 NAP Y N T C 12/31/91 VC8802 1 I EVIDENCE OF REGISTRATION-SURRENDER WHEN REVOKED... 76 NAP Y N T C 12/31/91 VC8803 1 H DLR /SALESMAN /ETC - SURRENDER LICENSES WHEN REVOKED" 45 NAP Y N C J 12/31/91 VCB804 1 M RESIDENT REGISTERING IN FOREIGN STATE 400' RAP Y Y" T C 12/31/91 VC9102.5(B) 1 I CONTRACT SCHOOL BUS-DISPLAY OF PERMIT 76 0 Y M T C 12131/91 VC9400 1 1 ' COMMERCIAL VEHICLE WEIGHT FEES DUE 76 0 Y N T C 12/31/91 VC9406 1 I ALTERATION INCREASING WEIGHT FEES -FAIL TO REPORT 76 .0 T N T C 12/31/91 Y = YES VAR = VARIATION DIVISION: C = CRIMINAL TEXT OF H = NO F = FELONY T = TRAFFIC FOOTNOTES ,.. M = MISDEMEANOR CALENDAR: J = JUDGES USED ON I = INFRACTION C = COMMISSIONERS THIS PAGE Y = YES VAR = VARIATION DIVISION: C = CRIMINAL TEXT OF 5 110 PERALTY.ASSESHERT ON PARKING VIOLATION N = NO F = FELONY T = TRAFFIC FOOTNOTES H = MISDEMEANOR CALENDAR: J = JUDGES USED ON I - INFRACTION _ C = COMMISSIONERS THIS PAGE. DATE 01/12/93 SAN LUIS OBISPO COUNTY MUNICIPAL COURT BAIL SCHEDULE LSL115 -HO53 PACE 50 C/ N A R G E VAR CRIME D E S C R I P T I O N RAIL BAIL PA RAN FN FN FN D C LAST CODE 3 SECTION CLASS WITH APP I. A REVISED R . F/H /I P/C V L Y = YES VAR = VARIATION DIVISION: C = CRIMINAL TEXT OF 5 110 PERALTY.ASSESHERT ON PARKING VIOLATION N = NO F = FELONY T = TRAFFIC FOOTNOTES H = MISDEMEANOR CALENDAR: J = JUDGES USED ON I - INFRACTION _ C = COMMISSIONERS THIS PAGE. SLMCIO.40.010 1 1 12,15,24,30,36 MINUTE PARKING 10 NAP N R 5 T C 12/31/91 SLHC10.40.020 1 I ONE NOUN PARKING 10 NAP H N 5 T C 12/31/91 SLMC10.40.030 1 1 TWO HOUR PARKING 10 RAP H N 5 T C 12/31/91 SLMC10.40.D40 1 1 PARKING PARALLEL ON ONE -VAY STREETS 8 NAP N H 5 T C 12/31/91 SLMC10.40.050 1 1 DIAGONAL PARKING 8 NAP N N 5 T C`12/31/91 SLMC10.40.060 1 I' PARKING SPACE MARKINGS 8 RAP N N 5 T C 12/31/91 SLHC10.40.070 1 I NO STOPPING ZONE 8 NAP N N 5 T C•12/31/91 SLMC10.40.080•' 1 I ALL NIGHT PARKING PROHIBITED 8 NAP H N 5 T C 12/31/91 SLHC10.44.020 p. 1 I CURB MARKING TO INDICATE NO STOPPING/PARKING REDS. 10.- NAP N N 5 T C.12/31/91 SLMC10.44.030 Q 1'I EFFECT OF PERMISSION TO LOAD/UHLOAD IN YELLOW ZONE 20 RAP N N 5 T.0 12/31/91 SLRC10.44.040 o 1 I EFFECT OF PERMISSION TO LOAD/ONLOAD IN WHITE ZONE 20 RAP H N S. T C 12/31/91 SLHC10.44.050 1 I STANDING IN ANY ALLEY ' 20 NAP N N 5 T C 12/31191 SLHC10.44.070• <1 1 I HANDICAPPED PARKING 275 NAP N R 5 T C 01108/93 SLMC10.48,010 1 I CERTAIN VEHICLES PROHIBITED IN CENTRAL DISTRICT 45 NAP Y H T C 12/31191 SLMC10.48.020 1 1 ADVERTISING VEHICLES 20 NAP Y N T C 12/31/91 SLHC10.48.030 1 1 ANIMAL DRAWN VEHICLES 20 NAP Y N T C 14f31/91 SLMC10.48.040 1 I TRUCK ROUTES 75 NAP Y R T C 12131/91 SLMC10.48.050 1 I COMM.VEH.PROHIBITED FROM USING CERTAIN STREETS 75 NAP T H T C 12131/91 SLMC10.48.060 1 I HAX.GROSS WT.LIHTTS OF VEHICLES OR CERTAIN STREETS 75 RAP Y N T C-12/31/91 SLHC10.52.040 : 1 1 PARKING METERS - OPERATIONAL PROCEDURES 2 NAP N N 5 T C 12/31/91 SLMC10. 52.050 1 1 UNLAWFUL TO PARK AFTER METER TIME HAS EXPIRED 8 NAP R N 5 T C 12/31191 SLMC10.52.060 1 I UNLAWFUL TO EXTEND TIME BEYOND LIMIT 2 NAP N N 5 T C 12131/91 SLHC10.52.070 1 I IMPROPER USE OF METER 2 NAP N N 5 T C 12/31/91 SLMC10.52.080 1 I, PARKING HETERS /STANDARDS - PROPER USE 2 NAP 'N H 5 T C 12/31191 SLMC10.52.110 V 1 I MOTORCYCLE SPACES 2 RAP N N 5_ T C 12/31/91 SLHC10.60.020 1 'I OBSTRUCTIONS TO VISIBILITY AT INTERECTIONS 15 NAP N N 5 T C 12/31/91 SLMC10.72.010 1 I BICYCLE LICENSE REQUIRED 20 0 Y N T C 12/31/91 SLHC10.72.060 1 I BICYCLE - DESTROYING NUMBER 20 NAP Y N T C 1241191' SLMC10.72.070 1 1 BICYCLE - DESTROYING LICENSE/PLATE /SEAL, ETC 20 NAP Y N T C 12/31/91 SLHC10.72.100 1 I RIDING BICYCLE RESTRICTED - SIDEWALKS 20 NAP Y N T C 12/31/91 SLMC10.76.010 1 I USE OF COASTERS /ROLLER'SKATES, ETC - RESTRICTED 20 NAP Y N T C 12/31/91 SLHC10.80.020 1 I PERHIT REQUIRED FOR VEHICLE EXCEEDS, SIZE/WEIGHT 75 NAP Y N T C 02/06/92 SLHC10.80.080 1 I NOTIFICATION OF POLICE DEPARTMENT REQUIRED 75 NAP Y N T C 02/06/92 SLMC12.20.115 1 M CONSUMING ALCOHOL IN CITY PARK 75 RAP Y N C J 12/31191 SLHC13.04.190(B) ^ 1 1 DAMAGE TO METER EQUIPMENT 80 RAP Y Y C C 12/31%91 SLHC13.04.260 1 I UNAUTHORIZED USE OF FIRE HYDRANT 80 NAP Y Y C C 12/31/91 SLMC13.07.010 1 1 USE OF SUBSTANDARD WATER FIXTURES 80. NAP Y Y C C 12/31/91 SLHC13.07.02O(A)_ 1 1 WATER RUNOFF 80 NAP Y Y C C 12131/91 SLMC13.07.020(11) - 1 I WATER RUNOFF 80 NAP Y Y C C 12/31/91 SLMC13.07.030(A) 1 I LIMIT IRRIGATION OR PROHIBIT IRRIGATION 80 NAP Y Y C C 12/31/91 SLMC13.07.030(B) 1 1 LIMIT TO SPECIFIC AMOUNT OF WATER 80 NAP Y Y C C 12/31/91 SLHC13.07.030(C) 1 I CONSERVATION MEASURES 80 NAP Y Y C C 12/31/91 SLMC13.07.040 1 1 CONSERVATION OF WATER 80 NAP Y H C C 12/31/91 SLMC13.07.070 1 1 IMPROPER USE OF POTABLE WATER 80 NAP Y Y C C 12131/91 SLHC13.07.070(3)(A) 1 1 'IMPROPER USE OF WATER FROM FIRE HYDRANT 80 NAP Y Y C C'12/31/91 SLHC13.07.070(3)(B) 1 1 RESTAURANTS SERVING WATER. 80 NAP Y Y C C 12/31/91 Y = YES VAR = VARIATION DIVISION: C = CRIMINAL TEXT OF 5 110 PERALTY.ASSESHERT ON PARKING VIOLATION N = NO F = FELONY T = TRAFFIC FOOTNOTES H = MISDEMEANOR CALENDAR: J = JUDGES USED ON I - INFRACTION _ C = COMMISSIONERS THIS PAGE. DATE 01/12/93 •� C H A R G E VAR CRIME CODE L SECTION CLASS F /M/I O SAM LUIS OBISPO COUNTY MUNICIPAL COURT BAIL SCHEDULE LSL115 -XO53 D E S C R I P T 1 0 N BAIL BAIL PA MAN FN FN FN WITH APP P/C SLXC13.07.070(3)(C) 1 I USE OF POTABLE WATER TO WASH SIDEWALKS 80 NAP Y Y SLMC15.08.110 __ 1 I PARKIN RF 2 . NE AD O P T 10 N11P_N N SLXCIS.08.170(1) 1 X FAILURE TO HAVE APPROVED SMOKE DETECTOR.INSTALLED 235 0 Y N UAC301 1 M ERECT, CONSTRUCT, CONVERT STRUCTURE WITHOUT PERMIT 100 NAP Y N UAC301(A) 1 M ERECT, CONSTRUCT, CONVERT STRUCTURE WITHOUT PERMIT 100 NAP Y N USC7006 1 M GRADING PERMITS REQUIREMENTS 750 NAP Y Y UFC1 -A6(A) 1 X SMOKE DETECTORS SHALL BE MAINTAINED 235 NAP Y Y UFC3.101 1 M FIRE HAZARD 235 RAP Y Y UFC3.102 1 M FAILURE TO COMPLY 345 NAP Y Y UFC3.103 1 M NON-COMPLIANCE WITH CONDEMN TAG 345 MAP Y Y UFC3.104 1 M REMOVAL/DESTRUCTION OF S1GN5 /TAGS 345 NAP Y Y UFC4.101 1 M EXCAVATION NEAR COMBUST LIQ. W/OUT PERMIT 345 NAP Y Y UFC10.207 1 M ACCESS TO ROADWAY FOR FIRE TRUCKS 80 NAP Y N UFC10.302(A) 1 M MAINTENANCE - FIRE PROTECTIVE/EXTINGUISH SYSTEM 210 NAP Y N UFC10.307(A) 1 M UNLAWFUL CONTINUANCE OF FIRE HAZZARD 210 NAP Y N UFC10.312 1 M VENTILATING HOOD AND DUCT SYSTEM 235 NAP Y Y UFC11.101 1 X ILLEGAL BURN 130 NAP Y N UFC11.203(6) 1 X COMBUSTIBLE MATERIAL STORAGE REQUIREMENT/DISTANCE 115 MAP Y Y UFC12.101 1 M MAINT. OF EXIT WAY 345 NAP Y Y UFC12.103 1 X EXIT OBSTRUCTION 80 RAP Y N UFC14.105(A) 1 M FIRE ALARM SYSTEMS SUPERVISED BY CENTRAL STATION 115 MAP Y T UFC45.Z02C8) 1 M SPRAYING FLAMMABLE LIQUIDS 345 NAP Y Y UFC45.209(A) 1 M SPRAT BOOTHS SHALL BE PROTECTED BY FIRE EXTINGUISH Z35 NAP Y Y UFC78.102(A) 1 M MANUFACTURE FIREWORKS PROHIBITED EXCEPT W /PERMIT 210 NAP Y H UFC78.102(B) 1 X UNLAWFUL DISCHARGE OF FIREWORKS WITHIN CITY LIMITS 210 NAP Y N UFC78.102(C) 1 X APPLICATIONS FOR PERMITS MADE 10 DAYS IN ADVANCE 210 NAP Y N UFC80.104(B) 1 M RELEASE OF HAZARDOUS MATERIALS 210 NAP Y H UFC80.104(C) 1 X UNAUTHORIZED DISCHARGE OF HAZARDOUS MATERIALS 210 NAP Y H UH0001(N) 1 1 IMPROPER OCCUPANCY OF BUILDING-LIVING/SLEEPING 75 NAP Y N UHC701(A) 1 M DWELLING PROVIDED WITH HEATING FACILITIES 210 MAP Y Y VC20 1 M FALSE-STATEMENTS TO DMV /CHP 890 MAP Y Y VCZ5 1 1 UNLAWFUL ADVERTISING AS DMV OR CHP 76 NAP Y N VC25.5(A) 1 1 FALSE REPRESENTATION AS EMPLOYEE OF DXV 76 NAP Y N VC26 1 1 REGISTRATION /LICENSING -FOR COMPENSATION W/OUT RUTH 76 NAP Y N VC27 1 M IMPERSONATING MEMBER OF CHP 750 NAP Y Y VC28 1 I REPOSSESSOR- NOTIFY POLICE BY EXPEDITIOUS MEANS 76 NAP Y N VC31 1 X FALSE INFORMATION TO PEACE OFFICER 890 NAP Y T VC1808.45 1 M UNAUTHORIZED DISCLOSURE OF DXV RECORDS 3,400 NAP Y Y VCZZ61 1 I UNAUTH. WEARING OF CHP OR SIMILAR TYPE UNIFORM 76 NAP T N VC2402.5 _ ", 1 1 SELL /OFFER VEH /EOUIP.NOT IN CONFORMANCE W /FED /STAN 76 NAP Y N VC2402.6(B) 1 I VIOLATION OF FUEL SYSTEM /CONTAINER REGULATIONS 76 NAP T N VC2416(C) 1 M ?MISUSE OF EMERGENCY VEHICLE PERMIT 130 NAP T H VC2418.5 1 1 AMBULANCE MUST BE EQUIPPED W /RESUSCITATOR 76 NAP Y H VC2420 1 I X /CYCLE DLR- SELLING W/OUT CERTIFICATE 20 NAP Y N VUS04 1 1 VIO.OF REGULATIONS RE-AMBULANCE/ARMORED CAR 76 NAP Y N VC2510 1 I OPERATING VEH.AS AMBULANCE W /OUT CHP INSPECTION 76 NAP Y N 5 T a TES VAR = VARIATION DIVISION:. C a CRIMINAL TEXT OF 5 NO PENALTY ASSESMENT ON PARKING VIOLATION N = NO F = FELONY T a TRAFFIC FOOTNOTES M a MISDEMEANOR CALENDAR: J a JUDGES USED ON •� I = INFRACTION C - COMMISSIONERS THIS PAGE PAGE 51 D C LAST I A REVISED V L I C C 12/31/91 T C 12/31/91 C J 12/31/91 C J 05/08/92 C J 11/20/92 C J 12/31/91 C J 01/22/92 C J 12/31/91 C J 12/31191 C J 12/31/91 C J 12/31/91 C J 12/31191 C J 12/31/91 C J 12/31191 C J12/31/91 C 07/20/92 C J 12/31/91 C J 12/31/91 C J 12/31/91 C J 12/31/91 C J 12/31/91 C J 12/31/91. C J 02/07/92 C J 07/31/92 C J 12/31191 C J 07/31/92 C J 12/31191 C J 12/31/91 C J 05/08192 C J 12/31/91 C J 12/31191 T C 12/31/91 T C 12131/91 T C 12/31/91 C J 12/31/91 T C 12/31/91 C J 12/30/92 C J 12/30/92 T C 12/31/91 T C 12/31/91 T C 12/31/91 T C 12/31/91 T C 12/31191 T C 12/31/91 T C 12/31/91 T C 12/31/91 r i DATE 01/12/93 SAN LUIS OBISPO COUNTY MUNICIPAL COURT BAIL SCHEDULE LSLI15-H053 PAGE 49 r C H A R G E VAR CRIME D E S C R'I P T I 0 N '" '" BAIL BAIL PA MAN FN FN FN D C LAST. CODE 8 SECTION CLASS WITH APP 1 A REVISED] F/M/I P/C V L SLMC9.12.050(A) SLMC9.12.050(0) SLMC9.12.060 SLMC9.12.070 SLMC9.12.080 SLMC9.16.020 SLMC9.20.030 SLMC9.20.050 SLMC10.12.020 2 M 1 I 1 I 1 I 1 1 1 M 1 M 1 M 1 I NOISE DISTURBANCES PROHIBITED SPECIFIC NOISE DISTURBANCES EXTERIOR NOISE LIMITS INTERIOR NOISE LIMITS MOTOR VEHICLE NOISE LIMIT DISCHARGE OF DEADLY WEAPON REGULATION OF VEHICLE USE ON PRIVATE PROPERTY URINATION IN PUBLIC PERSONS OTHER THAN OFFICIALS NOT TO DIRECT TRAFFIC 270 80 80 80 80 80 130 DO 75 HAP Y NAP Y NAP Y HAP Y NAP Y NAP Y HAP Y HAP Y RAP Y Y N N N H N H N N C C C C C C C C C C C J C J C J C C 07/08/92 1Z/31191 12/31/91 12/31191 12/31191 1Z/31/91 12/31/91 12/31/91 12/31/91 SLMC10.12.030 1 I REQUIRED OBEDIENCE TO TRAFFIC REGULATIONS 45 NAP Y N T C 12131191 SLMC10.12.040 1 1 BICYCLE ON HIGHWAY - REGULATIONS 20 HAP Y H T C 12/31/91 SLMC1O.12.050 1 1 INTERFERENCE WITH POLICE/AUTHORIZED OFFICER 80 RAP Y N C C 12/31/91 SLMC10.12.080 1 I REPORT OF DAMAGE TO CERTAIN PROPERTY 75 NAP Y N C C 12/31/91 SLMC10.14.030 1 1 OBEDIENCE TO TRAFFIC CONTROL DEVICES 45 HAP Y N T C 12/31191 SLMC10.14.090 1 I UNAUTHORIZED PAINTING ON CURDS .45 NAP Y H C C 12131/91 SLMC10.16.010 1 1 OBEDIENCE .TO TURNING MARKERS 75 NAP Y N T C 08/13/92 SLMC10.16.030 1 I OBEDIENCE TO NO-7URN SIGNS 45 NAP T N T C 12/31/91 SLMC10.16.040 1 1 SIGNAL CONTROLLED INTERSECTIONS - RIGHT TURNS 45 HAP Y N T C 1Z/31191 SLMC10.24.010 1 1 STOP SIGNS 20 NAP Y N T C 12131/91 SLNC10.24.020 1 1 EMERGING FROM ALLEY, DRIVEWAY OR BUILDING 45 HAP Y N T C 12131/91 SLMC10.28.010 1 I DRIVING THROUGH FUNERAL PROCESSION 45 HAP Y H T 12/31/91 SLAC10.28.020 1 I .CONNERCIAL VEHICLES USING PRIVATE DRIVEWAYS 45 NAP Y N T C 12/31/91 SLMC10.28.030 1 I RIDING OR DRIVING ON SIDEWALK 45 NAP Y N T C 12/31/91 SLMC10.28.040 1 1 NEW PAVEMENT AND MARKINGS ZO RAP Y N T C 12/31191 SLMC10.28.050 1 I LIMITED ACCESS 20 NAP Y N T C 12/31/91 SLMC10.28.060 1 1 OBEDIENCE TO BARRIERS AND SIGNS 75 NAP Y N T C 12131/91 SLMC10.28.070 1 I ENTRANCE INTO INTERSECTION - OBSTRUCTING.TRAFFIC 20 NAP Y N T 0.12131/91 SLNC10.32.020 1 I PED CROSSING IN BUSINESS DISTRICT OTHER THAN XWALK ZO NAP Y H T C 12/31/91 SLXC10.36.020 1 I STOPPING OR STANDING IN PARKWAYS PROHIBITED ZO MAP N N 5 T C 12/31/91 SLMC10.36.030 1 I STOP /STAND /PARR IN VIOLATION OF CHAPTER 20 NAP N H 5 T C 12/31/91 SLMC10.36.040• 4 1 I NO PARKING ZONE - PROHIBITED PARKING 20 NAP N N 5 T C 12131/91 SLMC10.36.050• b_ 1 I USE OF STREETS FOR STORAGE OF VEHICLES PROHIBITED 10 HAP N N 5 T C 12131191 SLMC10.36.060 O 1 1 PARKING DEMONSTRATION 10 RAP N N 5 T C 12/31191 SLMC10.36.070 1 L REPAIRING OR GREASING VEHICLE ON PUBLIC STREET 10 NAP N H 5 T C 12/31191 Q SLMC1D.36.080 1 I WASHING OR POLISHING VEHICLES 10 RAP N N 5 T C 12/31/91 SLHC10.36.090 Q 1 1 PARKING ADJACENT TO SCHOOLS 10 NAP H N 5 T 12/31/91 SLMC10.36.100 1 I PARKING PROHIBITED ON NARROW STREETS 10 HAP H N 5 T C 12/31/91 SLMC10.36.110 1 I PARKING ON GRADES 10 NAP N H 5 T C 12/31/91 SLMC1D.36.120,• 1 I UNLAWFUL PARKING - PEDDLERS, VENDORS 10 NAP N N 5 T C 12!31/91 SLMC1006.130 1 I EMERGENCY PARKING SIGNS 10 RAP H N 5 T C 12/31/91 SLMC10.36.140 I 1 LARGE/CCMKERCIAL VEH. PARKING NEAR INTERSECTION 10 RAP N H 5 T C 12/31/91 SLHC10.36.150 1 1 NIGHTTIME PARKING OF LARGE VEHICLES 10 NAP N N 5 T C 12/31/91 SLMC10.36.160 1 I NIGHTTIME PKING./VEH/W /OPERATING AIR/REFRIGERATION 10 HAP N H 5 T C 12/31/91 SLMC10.36.200 1 I PARKING IN A RESIDENTIAL PERMIT PARKING AREA 10 NAP N N 5 T C 12/31/91 SLMC10.36.230 1 1 PERMITS - DISPLAY OF PERMITS 10 NAP N H 5 T C 12/31/91 SLHC10.36.235 1 1 NO PERMIT LOT 10 HAP N N 5 T C 12/31191 Y = YES VAR = VARIATION DIVISION: C a CRIMINAL TEXT OF 5 NO PENALTY ASSESMENT ON PARKING VIOLATION N = NO F a FELONY T = TRAFFIC FOOTNOTES H = MISDEMEANOR CALENDAR: J a JUDGES USED ON I a INFRACTION C = COMMISSIONERS THIS PAGE Attachment 1 ���� IIN��IYIIIIIIIIIIaIIUIII f ~ M NG y Dimu�� city o san'�L,s osIspo - - 3 COUNCIL AGENDA REPORT ITEM NUMBER: FROM: Mike McCluskey, Public Works Director — Prepared by: Keitlk palewski, Parking Manager SUBJECT: Parking Citation Penalties CAO RECOMMENDATION: Adopt a resolution approving the establishment of parking citation fees, penalties, surcharges, and processing as part of the City of San Luis Obispo's parking penalty schedule. DISCUSSION: The City has recently implemented a compliance program .for the decriminalization of. parking citations as required by AB 408. The new civil adjudication process has changed many of the provisions of the California Vehicle Code regarding the processing and adjudication of all parking citations. The new civil procedures allow for a person contesting a parking citation to have an initial no -cost investigation of the citation, have a hearing process conducted by a City- appointed hearing officer, and provide a final appeal process to the Municipal court. The other significant change in the law, is that it now allows the governing body of the issuing agency to set all parking penalties, including Municipal Code and non - statutory California Vehicle Code (CVC) parking violations. Parking fines for the Vehicle Code were formally set by the State of California and the local County Court. These fines were published yearly in the County -wide bail schedule, and were adhered to by all local issuing agencies, including San Luis Obispo. The new law now allows the governing body (City Council) to set all future penalty increases for California Vehicle Code parking violations, with the exception of disabled spaces and bus zones, which will continue to set by State statute. Staff is not recommending any increases in penalties for CVC parking violations. Effective July 1, 1993, Section 40203.5 (Establishment and Collection of Penalty) of the CVC states: "The schedule of parking penalties. for parking violations, late payment penalties, administrative fees, and other related charges for parking violations shall be established by the governing body of the jurisdiction where the notice of violation is issued. To the extent possible, issuing agencies within the same county shall standardize parking penalties." Technical review of the City's AB 408 compliance program revealed that current CVC parking violations listed in the County -wide bail schedule need adoption by the City Council. The State . Judicial Council has likewise recommended this action to achieve .a total AB 408 compliance program. The program must be fully implemented by all state -wide issuing agencies no later that January 1, 1994. city of San AIS OBISpo COUNCIL AGENDA REPORT Council Agenda Report Page Two CONCURRENCES: The City Attorney's Office, Police and Fire Departments support the adoption of the County- wide bail schedule in order to more completely enforce parking regulations. FISCAL IMPACT: This is a ministerial action to achieve compliance with State law. This action will neither increase or decrease existing penalties for parking violations. There are no direct costs for adopting the current County -wide bail schedule as part of the City', s parking penalty schedule. The revenue generated from CVC parking violations represents a potential income ranging from $28,000 to $35,000, or approximately 8 % of projected annual.income from all parking citations.. CONSEQUENCES OF NOT TAKING RECOMMENDED ACTION: Failure to include the CVC parking violations currently listed on the County-wide bail schedule could jeopardize parking revenues and the effectiveness of our city-wide parking enforcement program. Specifically, several prohibited parking sections, license plate tab violations, abandoned vehicle, and fire lane violations could not be effectively enforced without these vehicle code parking violations, even though there are some parallel sections for the minor prohibitive parking violations in our Muni Code. Additionally, it could subject the City to non- compliance and outside challenges to the City's ability to implement its AB 408 compliance program. Given the intent of the law to provide for more autonomy for issuing agencies to set parking penalties, there are no alternatives other than to meet all of the provisions of the vehicle code changes for processing parking citations by the January 1, 1994 deadline. Exhibit A. Proposed. Resolution for Parking Penalties With Attachments RESOLUTION NO. 8201 (1993 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING EQUIPMENT AS SURPLUS PROPERTY . BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. That the City Council hereby declares that 3 diesel bus engines and 4 automatic bus transmissions are surplus property. SECTION 2. Disposal of the property shall be made as determined by sale at public auction or by another method of disposal in accordance with the City's surplus property policy as determined by the Director of Finance to be in the best interest of the City. On motion of Council Member Settle ,seconded by Council Member Romero , and on the following roll call vote: APES: Council Members Settle, Romero, Roalman, and Mayor Pinard NOES: None ABSENT: Council Member Rappa the foregoing Resolution was passed and adopted the 17th day of August. 51993. O,P-44, 946-Z � Mayor P Pinard ATTEST: \ v D' e adwell, City C APPROVED AS TO FORM: / /�v�% 4- R -8201 t. a. 0 t AFFIRMATIVE ACTION PLAN City of San Luis Obispo —June 1991 Updated -July 1993 Special Thanks to the Affirmative Action Committee Cindy Clemens - City Attorney's Office Jeff Gater - Fire Department Ken Hampiian - City Administrative Office Pete Hubbard - Police Department Judy Lautner - Community Development Department Barbara Lynch - Engineering Jim Montez - Recreation Department Paul Foredo - Public Works Department Tina Rice Finance Department Bill Smullen - Utilities Department Jill Sylvain - Personnel Department (Chairperson) 0 TABLE OF CONTENTS AFFIRMATIVE ACTION POLICY STATEMENT 3 STATEMENT OF PURPOSE 4 ASSIGNMENT OF RESPONSIBILITIES 5 COMMUNICATION OF PLAN 9 LEGAL ENVIRONMENT 10 IMPLEMENTATION OF PLAN 11 • Recruitment 11 • Selection 12 • Job Classification 13 • Training 13 • • Employee Benefits and Compensation 14 • Disabled Workers 14 • Complaint Procedure 15 • Sexual Harassment Avoidance Policy 1. 411 DFEH Poster 20 WORKFORCE UTILIZATION ANALYSIS 21 GOALS AND TIMETABLES 24 ATTACHMENTS • A. Recruiting Sources 25 • B. City of San Luis Obispo Position Titles and EEO Job Categories 29 0 AFFIRMATIVE ACTION POLICY STATEMENT The City of San Luis Obispo is committed to the concept of Equal Employment Opportunity as a basic principle that all persons shall be given equal access and consideration to positions in the public service limited only by their ability and qualifications to do the job. Equal Employment Opportunity can best be achieved through definitive programmed affirmative action. If progress toward achieving Equal Employment Opportunity is to be made, every citizen and employee of the City of San Luis Obispo must realize that policies to remove inequalities cannot be merely passive. Positive steps must be taken to ensure a work environment free of unlawful employment discrimination and harassment, and to promote personnel diversity in the workforce. All persons seeking employment with the City and all City employees shall be treated equally and without discrimination. All recruitments, hirings, placements, transfers and promotions will be made on the basis of individual qualifications for the positions being filled, and all other personnel actions such as compensation, benefits, layoffs, returns from layoffs, terminations, training, social and recreational programs are also to be administered without regard to race, color, religion, national origin, age, sex, sexual orientation, marital status, or physical or mental disability. Employees shall not be discriminated against because of the exercise of their rights under section 3502 of the California Government Code or under the City's Employer- Employee Relations Resolution. • 3 0 • STATEMENT OF PURPOSE This Affirmative Action Plan is intended to reinforce the merit principle in public employment. It should not be interpreted as granting "preferential treatment" to specialized population groups, nor to hiring under - qualified candidates for employment. It is intended, however, to provide equal opportunity to all who seek employment and promotions within the City, and to provide diversity in the City's workforce. This program is a working tool which. promotes the use of purely job - related employment practices, and prohibits all non -job related barriers to employment including reasonable accommodation for the mentally and physically disabled. The Purpose of the City Affirmative Action. Plan is threefold: 1. To convey the on -going commitment of the City of San Luis Obispo to affirmative action and equal opportunity for all individuals. Affirmative action is intended to establish fair and equal opportunity for all persons to compete for available jobs... The on -going emphasis on affirmative action recognizes that projected demographics reflect the changing character of the State of California and the.City of San Luis Obispo, and that we can expect growing representation of women and minority groups in the qualified available labor market. As a public entity, it is our duty and responsibility to meet the needs of our constituents by • anticipating and addressing these changes, and making efforts to ensure adequate representation of women, disabled people and "minority groups in the City's labor force. 2, To establish measurable standards by which the results of our Affirmativei Action Plan may be monitored. 3 To provide a plan which aids in meeting the goal of equal opportunity in all employment practices. All employees of the City of San Luis Obispo are reminded that the affirmative action concept is an integral, meaningful part of all employment practices. Every employee is responsible for supporting affirmative action concepts and practices, and maintaining a work environment conducive to achieving the goals included in the Affirmative Action Plan. Obstruction of the intent or process of equal opportunity employment will not be tolerated and, may lead to disciplinary action up to and including termination. 4 0 ASSIGNMENT OF RESPONSIBILITIES To meet the objectives of the Affirmative Action Plan, responsibilities are assigned to each level of the City's organization. Everyone in the City, including the City Council, City Administrative Officer, department heads, supervisors, employee organizations and individual employees, is responsible for implementing the program. Responsibilities are allocated as follows: A. THE CITY- COUNCIL It is the responsibility of the City Council to establish and to actively and aggressively support the City's Affirmative Action. Policy, and to set the tone which ultimately determines the success of the plan by providing policy direction and budget support. The City Council shall review the Affirmative. Action Plan by February 1 of every odd- numbered year. B. THE CITY ADMINISTRATIVE OFFICER The City Administrative Officer retains ultimate responsibility for the implementation of the Affirmative Action Plan by: 1. Ensuring that department heads, supervisors and administrative personnel are made aware of and comply with the spirit of affirmative action and the plan's goals and objectives: 2. Allocating adequate fiscal resources to achieve plan goals. 3. Ensuring that the plan is closely monitored and periodically evaluated and updated. 4. Supervising and directing the Affirmative Action Officer. C. THE AFFIRMATIVE ACTION OFFICER The Affirmative Action Officer is the Personnel Director and is responsible for: 1. Implementation of Federal, State and local laws and regulations. Monitoring the plan for compliance and effectiveness. This responsibility includes, but is not limited to the development; implementation, evaluation and refinement of: personnel rules and regulations; compensation and classification systems; recruitment, examination and selection processes; employee relations and problem resolution processes; personnel records maintenance, audit and reporting 5 is C O procedures; training, programs; employer /employee relations programs; and all related personnel functions, processes and procedures. 2. Assisting department heads and supervisors in improving utilization of protected groups. 3: Recommending the establishment of training level positions to assist individuals in acquiring skills for regular City positions: 4. Receiving, evaluating and implementing suggestions from City employees and the general public regarding improving the City's program.. 5. Receiving and investigating all complaints alleging discrimination, and taking appropriate remedial actions. (See the complaint procedure section.) 6. Overseeing an annual review of the Affirmative Action Plan. D. DEPARTMENT HEADS Department heads are responsible for the following: ® 1. Ensuring that all employment practices and decisions including, but not limited to hiring, reasonable accommodation, promotion, discipline, assignment, training, and evaluation are based on valid written job- related criteria and are consistent with the plan policies, goals and objectives. 2. Demonstrating good faith efforts to achieve plan goals and objectives through (a) progress in eliminating under - utilization of minorities, women and disabled in their department, and (b) establishing and maintaining a Working environment that supports positive, productive and equitable working relationships. 3. Ensuring that. staff meetings are conducted at every level on a regular basis, providing training and coaching, and taking other steps as appropriate to ensure that all personnel are aware of and understand their roles and responsibilities in support of and consistent with the plan's policies, goals and objectives. 4. Ensuring that the job performance, of all personnel is monitored and evaluated on the basis of compliance with plan policies, goals and objectives. • 6 • o 5. Taking steps to ensure that all employees are given full opportunity for transfer, training and promotion, and providing performance, skills and career counseling as appropriate. 6. Taking appropriate preventative, corrective and /or disciplinary measures to ensure that no employee is subject to harassment on the basis of sex, race, national origin, religion, age, color, physical or mental disability, sexual orientation or marital status as covered by the Affirmative Action Plan. 7. Maintaining appropriate records and preparing reports as necessary to document employment practices, decisions, and efforts to achieve program goals and objectives. E. SUPERVISORS Supervisory personnel play the critical role of ensuring that discriminatory practices or harassment do not occur in the work place. They will be monitored, evaluated, and held accountable for carrying out their duties in directing, training, monitoring, evaluating and related responsibilities in accordance with writt en valid job - related criteria, and in a manner that is supportive of and consistent with City personnel policies and the policies, goals, and objectives of the Affirmative Action Plan. • F. ALL EMPLOYEES Employees are responsible for supporting a work environment and maintaining working relationships conducive to achieving the plan goals and objectives. It shall be a condition of hire, promotion, and continued employment for all City of San Luis Obispo employees that jobs must be performed in a manner that is supportive and consistent with Affirmative Action Plan goals. An employee should take no action which is contrary to the stated plan goals. If an employee observes inappropriate speech or behavior he /she should act to correct the situation and /or report the incident to either his /her supervisor, department head or the Personnel Director. (See Complaint Procedure.) .G. ALL CITY EMPLOYEE ASSOCIATIONS All Employee Associations, upon agreement will: 1. Advise, assist and support the Affirmative Action Officer in Affirmative Action Plan development and evaluation. 7 • 2. Communicate to the Affirmative Action Committee or the Affirmative Action Officer any concerns that have been brought to the attention of the Association (by employees) that relate to discrimination in any form. 3. Communicate to their members how to use the City's complaint procedure and which state and federal agencies investigate claims of discrimination and violations of city, state and federal policies. (See Legal Environment.) H.. THE AFFIRMATIVE ACTION COMMITTEE The Affirmative Action Committee consists of'a member from each City department and one representative from management: The Committee meets no less than quarterly. The Affirmative Action Officer chairs the committee, This committee has the following responsibilities: 1. Advise, assist and support the Affirmative Action Officer in Affirmative Action Plan development, implementation and evaluation. 2. Review and evaluate Affirmative Action Plan goals and objectives annually. • 3. Submit recommendations for action on achieving plan goals and objectives to the Affirmative Action Officer. 4. Establish and maintain knowledge of current developments in the field of Equal Employment Opportunity principles, applications and regulatory requirements, and City employment policies and procedures. 5. Record and distribute minutes of Committee meetings as requested. 6. Circulate information to City employees that further educates /informs them about affirmative action issues. • 8 0 0 COMMUNICATING THE PLAN A. INTERNALLY 1. The Affirmative Action Officer will meet periodically with the department heads and disseminate information on the City's Affirmative Action goals, objectives, policies, practices and procedures. 2. The City of San Luis Obispo's Affirmative Action Policy and Plan will be posted in the Personnel Department where applications are received for employment. 3. The Affirmative Action Policy will be discussed during the orientation of all new employees: A copy of the Policy will be given to each employee. City employees will receive an update of the plan annually. 4. Each department shall ensure that discussion of the Affirmative Action policies, procedures, issues; concerns and /or activities is included in staff meetings. 5. A copy of the City's Affirmative Action Plan shall be made available for review through Department Heads and the Personnel Department. & EXTERNALLY 40 1. All recruitment sources and other organizations and educational institutions that participate in the City's employment activities shall be provided with written notification of the City's Affirmative Action Policy. 2. A phrase that identifies the City of San Luis Obispo as an equal opportunity affirmative action employer shall be included in all job announcements, recruitment publications and advertisements. Whenever pictures are utilized, women, minorities and the disabled will be represented where appropriate. 3. All public meetings shall be conducted in accessible buildings pursuant to the American's with Disabilities Act. 9 • V V/ LEGAL ENVIRONMENT In addition to the City's interest in equal opportunity, there are also Constitutional provisions, Executive Orders, statutes and ordinances which forbid discrimination by employers and which mandate affirmative action in appropriate cases. Some of these provisions are referred to below: 1. The Constitution of the United States and the Constitution of the State of California prohibit. public bodies from denying any person equal protection of the laws. 2. Federal Executive Orders 11246 and. 11357 require federal contractors to have affirmative action programs to assure equal opportunity for - minorities and women. 3. Title Vll of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972 forbids discrimination in employment on the basis of race, color, religion, national origin or sex. 4. Rehabilitation Act of 1973 imposes affirmative action requirements with regard to the disabled on federal contracts. ® 5. Age Discrimination in Employment Act of 1976 bans discrimination against persons over 40 6. California Fair Employment and Housing Act forbids employment discrimination on the basis of race, sex, national origin, religion, marital status, age over 40 or disability and further requires affirmative action programs by state contractors. 7. Americans With Disabilities Act (ADA) of 1990 prohibits discrimination against any qualified individual with a disability in regard to any term, condition or privilege of employment. 0 10 0 0 IMPLEMENTATION OF PLAN A continuing activity within the City is the on -going review of employment practices • to ensure that practices, terms and conditions do not impede the achievement of the Affirmative Action goals. This section summarizes the methods used in implementation of the Plan, and highlights those actions or projects undertaken to enhance the effectiveness of the Plan and to enable the City to meet its Affirmative Action goals. RECRUITMENT • The Personnel Department continually reviews job duties and employment standards to ensure job relatedness. • Job flyers are sent to agencies that represent women and minorities. (See Attachment A.) These agencies have a copy of the City of San Luis Obispo's Affirmative Action Policy Statement. • Job employment opportunities and positions are advertised in local newspapers. • Mid - management and management jobs are advertised in the Affirmative Action Register and /or other minority publications as appropriate. • The City continuously seeks referrals from the Employment Development Department. • Active recruitment and advertising is done through the higher education institutions, such as Cal Poly San Luis Obispo, Cuesta College, Allan Hancock College and various State Universities. Other schools may be added if a more extensive recruitment effort is needed. • The City incorporates innovative recruitment processes such as the Job Hot Line phone service, a Telecommunications Device for the Deaf (T.D.D.), providing readers and interpreters whenever possible. • Public awareness of public service careers is increased through participation in school "Career Days" and recruitment presentations at public functions. • Job interest is promoted through such programs as ride - alongs, orientation programs, and fire station tours. 11 • • SELECTION e All raters receive orientation prior to serving on an oral board on the City's Affirmative Action policy and compliance with Equal Employment Opportunity regulations. • Applicant flow data is analyzed to identify any barriers in the selection process that may lead to adverse impact. • Equal Employment Opportunity information is removed from all applications before they are. screened to prevent identification of protected groups. Information is analyzed to determine if the City is receiving applications from women and minorities in proportion to the labor-force market - availability. • Applicant screening for regular positions is done by at least one subject matter expert (SME) to ensure job- relatedness of qualifications presented on applications. • Testing is continually reviewed for adverse impact. When written testing is required, content validated tests are used. • Objective raters from outside the City organization are used whenever possible for-the interview panels. Whenever available a qualified .woman or minority subject matter expert is used. The oral boards are monitored by staff fro_ m personnel to assure that all candidates are treated equally and fairly. 0 Oral examinations are structured interviews ,to ensure job- relatedness.. • In categories of employment where under - utilization exists, the appointing. authority is encouraged to make selections that further Affirmative Action goals in cases where candidates are similarly qualified. • Promotions are monitored to ensure decisions are based on the ability to perform the essential functions of the job. • Eligibility lists are established and selection is made from those qualified candidates who are on the list. 12 o JO_ B CLASSIFICATION • The City performs classification studies on an on -going basis to ensure • that job - related and bona fide occupational qualifications are present that eliminate barriers to equal opportunity. • Many classifications are grouped as part of a series, which enable incumbents to advance within the series to the highest working class. Such advancement shall be based on their attainment and demonstrated performance of the required skills, knowledge, abilities and /or required certification, and the recommendation of the department head. • Employees who meet the minimum requirements for the next level position in a series will be given an opportunity during each calendar year to be approved for advancement. • The non - competitive promotion action is treated as any other promotion as outlined in the Personnel Rules and Regulations. TRAINING • In 1990 all City employees participated in a Sexual Harassment Avoidance Training class.. Training will continue semi - annually for the next five years for new employees. • In 1993 training will focus on ethnic diversity and /or disability awareness. Thereafter, City employees will receive annual training in E.E.O. • Employees interested in learning supervisory skills that will help them to be promoted within this organization are given opportunities to attend training classes given for supervisors. • The Personnel Department has -a library available to all employees that contains training materials such as tapes, videos, and books on topics such as supervision, management, communication skills, etc. • Seminar information is routinely circulated to the departments and employees are able to attend work - related seminars. 13 9 • • New employees receive a copy of the City's Affirmative Action Policy and receive an overview of the Affirmative Action Plan as part of employee orientation. • Within budgetary constraints, the City will consider the adoption of a tuition reimbursement program to encourage all employees to continue their education and training opportunities at accredited educational institutions recognizing that lack of education or a college degree can be a barrier in promotional opportunities. e The Personnel Department will provide counseling to employees regarding promotional opportunities and encourage protected group employees to participate in career progression and development activities. • Departments will develop on- the -job training programs to assist employees in developing skills for promotion. • EMPLOYEE BENEFITS AND COMPENSATION • The Personnel Department reviews all elements of benefits and compensation to ensure there is no disparity in the compensation received by male and female employees, or by minority group employees and other employees for performing equivalent duties. • Opportunities for performing. overtime work or. otherwise earning increased compensation is afforded without discrimination to all employees. DISABLED WORKERS • All physical and mental qualifications are reviewed to ensure that requirements are essential job - related and consistent with safe performance. • Functional requirements will be reviewed as job openings occur and disabled individuals are considered for those jobs. 0 14 o The City will make any and all reasonable accommodations to the physical and mental limitations of disabled individuals. • • Within budgetary constraints, the City shall modify its telecommunications systems to provide hearing- impaired persons with access to City services and employment information. • The City conducts all public meetings in facilities that are wheelchair accessible. • The City reviews all future facility acquisitions and remodeling for removal of architectural barriers. COMPLAINT PROCEDURE A. Any employee who feels he /she has been the victim of employment discrimination or sexual harassment should contact. EITHER his /her supervisor, depart ment head or Personnel Director as soon as possible, as time is of the essence in investigating charges. The initial report can be oral or written, but a written and signed statement of the complaint must be submitted by the complainant within five scheduled work .days of the initial report so an investigation can proceed into the matter. The forma_ I written complaint must. cite the specific incident(s) and may include the desired resolution. The Personnel Director will advise the City Administrative. Officer of the receipt of all written employment discrimination complaints. B. Upon receipt of the written complaint, the Personnel Department will conduct or refer to others an investigation of the charges:, including contacting the person(s) who allegedly engaged in the employment discrimination or sexual harassment, informing him /her /them of the basis of the complaint and providing an opportunity to respond. The Personnel Department will report in writing to the complainant within ten working days of the progress and future course of the investigation. Updates will be provided monthly thereafter. C. Upon completion of the investigation, the Personnel Department and department head will consult on what, if any, disciplinary action will be taken. Discipline will be imposed by the department head or the appropriate official as specified in the Personnel Rules and Regulations. Both parties will be notified of the action to be taken. The Personnel Director will advise the City Administrative Officer of the disposition of all employment discrimination complaints. 15 • D. If it is determined that employment discrimination or sexual harassment has occurred, appropriate disciplinary action, up to and including dismissal, will be taken. The severity of the discipline will be determined by the severity and /or frequency of the offense.. E. Disciplinary action taken under this procedure maybe appealed with or without representation subject to appeal or grievance procedures indicated in the appropriate Memorandum of Agreement or Personnel Rules and Regulations. F. A complainant who is not satisfied with the disposition of the investigation may submit an appeal to the City Administrative Officer within ten scheduled work dM from receipt of the conclusion of the Personnel Director. G. Complainants may appeal the City Administrator Officer's disposition of the investigation to the Personnel Board. H. Please refer to page 20 for further information. CONFIDENTIALITY To the extent feasible, proceedings under this policy and all reports and records filed ® shall be confidential-to the parties involved, and reasonable effort shall be made to protect the privacy interests of the parties. • 16 SEXUAL HARASSMENT AVOIDANCE POLICY 0 It is the policy of the City of San Luis Obispo that all employees should be able to enjoy a work environment free from all forms of discrimination, including sexual harassment. In accordance with federal regulations requiring employers to adopt clear policies prohibiting sexual harassment in employment, the City Council has adopted the policy statement set forth in full below:. Policy A9einst Sexual Harassment: It is the policy of the City of San Luis Obispo that employees have a working environment free of unlawful discrimination. The work environment should be business -like and assure fair, courteous treatment for employees and the public we serve. Sexual harassment may constitute illegal sex discrimination and may violate both state and federal law. It is employee misconduct that could decrease work productivity, undermine the integrity of employment relationships, decrease morale and cause severe emotional and physical stress. All employees should be informed of the discrimination complaint process and be assured of their right to file complaints without fear of reprisal. All employees, including supervisors and managers, shall • receive ongoing training regarding behavior that constitutes sexual harassment. Employees should also understand the importance of reporting incidents promptly to assure that further incidents do not occur. The City Council expects City department heads to convey to their employees strong disapproval of sexual harassment. All employees including supervisors and managers should be clearly informed regarding behavior that constitutes sexual harassment or creates the perception of sexual harassment and the consequences of such actions. The employees should. be aware that sexual harassment of another employee shall be grounds for disciplinary action. Employees also should be aware that ignoring sexual harassment complaints is also grounds for disciplinary action. Definition of Sexual Harassment: "Sexual harassment" as used in this policy includes any unsolicited and unwelcome sexual overtures by any employee, supervisor, manager or, non- employee, be they written, verbal, physical, visual, whenever: 17 Ci • Submission is made either explicitly or implicitly a term or condition of assignment or employment; • Submission or rejection by an employee is used as a basis for employment decisions affecting the employee; or • Such conduct has the potential to affect an employee's work performance negatively or create an intimidating, hostile or otherwise offensive work environment. RESPONSIBILITY Emolovee 1. If possible, politely but firmly confront whomever is doing the harassing. State how you feel about his /her actions and request that the person cease harassing you immediately. Document in writing the date, location and conversation for your own records. 2. If this does not resolve the concern (problem /situation) or if the employee feels uncomfortable or threatened, report any act of sexual harassment to your immediate supervisor or department head or the Personnel Department, as provided in the complaint procedure. The choice is left uo to the emolovee. Supervisor Department Head 1. Inform all employees under your direction of the City policy and complaint procedure regarding sexual harassment. 2. Receive complaints of sexual harassment from employees and immediately report any complaints of sexual harassment to the Personnel Department. 3. Confer with the Personnel Department on extent of investigation and discipline. 4. Following the investigation, take appropriate action, including discipline as appropriate. • 18 W O Personnel. Department 1. Conduct Sexual Harassment Avoidance Training Programs for all City employees. 2. Assume responsibility for administration of the complaint procedure. 3. Receive and review any and all complaints. 4. Conduct or assist in all investigations and consult with the Department Head on disciplinary action as may be appropriate. 5.. Advise City Administrative Officer of the receipt and disposition of all sexual harassment complaints. 6. Prepare the documentation for the hearing before the City Administrative Officer. City Administrative Officer 1. Assume responsibility.for the administrative appeal process. 2. Conduct a confidential hearing as expeditiously as possible upon receipt of an appeal. 3. Provide the employee with a written response within ten scheduled work days from the conclusion of the administrative hearing. Personnel Board 1. Hear appeals of disciplinary action pursuant to the City Personnel Rules and Regulations and appeals from employees dissatisfied with the City Administrative Officer's disposition of the investigation in accordance with the City's Grievance procedures. 19 • HARASSMENT OR DISCRIMINATION IN EMPLOYMENT Because of • Sex • Race • Color • Ancestry • Religious Creed • National Origin • Physical Disability (Including HIV and AIDS) • Mental Disability • Medical Condition (Cancer) • Age • Marital Status • Denial of Family Care Leave IS PROHIBITED BY LAW The California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Div. 3 of Title 2 of the Government Code) • prohibits harassment of employees or applicants and requires employers to take all reasonable steps to prevent harassment. • requires that all employers provide information to each of their employees on the nature, illegality and legal remedies which apply to sexual harassment. Employers may either develop their own publication, which must meet standards as set forth in Califomia Government Code Section 12950. or use a brochure which may be obtained from the Department of Fair Employment and Housing. • requires employers to reasonably accommodate physically or mentally disabled employees or job applicants in order to enable them to perform the essential functions of a job. • permits job applicants to file complaints with the Department of Fair Employment and Housing (OFEH) against an employer, employment agency, or labor union which fails to grant equal employment as required by law. • requires employers not to discriminate against any job applicant or worker in hiring, promotions. assignments, or discharge. On- the -job segregation is also prohibited, and employers may file complaints: against workers who refuse to cooperate in compliance. • requires employers. employment agencies, and unions to preserve applications, personnel and employment referral records for a minimum of two years. • requires employers to provide leaves of up to four months to employees disabled because of pregnancy, maternity, or childbirth. • requires employers of:50 or more persons to allow employees to take up to four months leave in any two year period for the adoplion or birth of a child or the care of an ill or injured:spouse, parent or child. • requires employment agencies to serve all applicants equally; to refuse discriminatory job orders; to refrain from prohibited pre - hiring inquiries or help- wanted advertising. • requires unions not to discriminate in member admissions or dispatching to jobs. • forbids any person to interfere with efforts to comply with the act. Authorizes the DFEH to work alfinnatively with cooperating employers to review hiring and recruiting practices in order to expand equal opportunity. REMEDIES TO INDIVIDUALS, OR PENALTIES FOR VIOLATION MAY INCLUDE: hiring, back pay, promotion, reinstatement, damages for emotional distress, cease - and - desist order, or a fine of up to $50,000. JOB APPLICANTS AND EMPLOYEES: If you believe you have experienced discrimination, DFEH will investigate without cost to you. For information contact the nearest office of the Department of Fair Employment and Housing: BAKERSFIELD FRESNO 'LOS ANGELES OAKLAND 1001 Towe "r Way, 9250 1900 Mariposa Mall. #130 322 West First Street, 02126 1330 Broadway, #1326 Bakersfield. CA 93309 -1586 Fresno, CA 93721.2504 Los Angeles, CA 90012 -3112 Oakland. CA 94612 -2512 (805) 395.2728 (209) 445 -5373 (213) 897 -1997 (510) 286.4095 SACRAMENTO SAN BERNARDINO SAN DIEGO SANTRANCISCO 2000'0' Slreel. #120 1845 S. Business Cit. Dr.. 9127 110 West'C' Street. 01702. 30 Van Ness Avenue. 03000 Sacramento. CA 95814 -5212 San Bernardino. CA 924083426 San Diego. CA 92010.3901 San Francisco. CA 94102 -6073 (916) 445 -9918 (909) 383.4711 (619)237.7405 (415) 557 -2005 SAN JOSE SANTA ANA VENTURA TOO NUMBERS 111 North Market Street. 9810 28 Civic Center Plaza. #538 5720 Ralston Street. 0302 Los Angeles (213) 897.2840 'San Jose. CA 95113 -1102 Santa Ana, CA 92701.4010 Ventura. CA 933036081 Sacramento (916) 324 -1678 (408) 277.1264 (714) 558 -4159 (805) 654 -4512 This notice must be conspicuously posted in hiring offices. on employee bulletin boards, in employment agency waiting rooms, union Kalls, etc. For a copy contact the nearest DFEH office. DFEH 162 (Rev. 1M12) 20 • WORKFORCE UTILIZATION ANALYSIS The purpose of a workforce utilization analysis is to identify the specific areas within the City of San Luis Obispo workforce in which women and minority group members are under - utilized in comparison to their availability within the relative labor market. The City's workforce is composed of eight occupational categories: Official /Administrator, Professional, Administrative Support, Technician, Para- professional, Service /Maintenance, Skilled Craft, and Protective Services. In addition, each of the occupational categories consist of a number of job groups. Job groups are classifications that have similar job content, skill level, promotional opportunities, or compensation. Affirmative Action goals and timetables are established in those instances where the utilization of protected group members employed by the City is less than their availability within the relative labor market. A workforce utilization analysis is prepared on an annual basis by the Personnel Department, and appropriate recommendations made to the City Council, City Administrative Officer and all department heads for Affirmative Action goals and timetables to remedy problem areas. Affirmative Action goals and timetables are • recommended for all occupational categories in which women or minority group members are employed at levels that are below labor market availability. The City has determined that for the majority of recruitments the relevant labor markets for the purposes of the Affirmative Action Plan will be the County of San Luis Obispo. Occasionally different labor markets will be utilized depending upon the minimum standards of the specific position. The figures show that the available labor force is close to census parity. These figures do NOT indicate if the available minority and female populations possess the necessary knowledge, skills, and abilities to be employed by the City. The following identifies the under - utilization of females, Hispanics, Blacks, and other minorities (American Indian, Asian, Pacific Island, etc.) in City employment by job category as defined in the 1990 EE04 report (please see the following pages): 21 • ti o e� m o 00 0 CL LO m cn �000 noon �000 m000 0000. Coco 6 2 O) mN to Coco M r O O O O O IO 0 0 Coco O 0 0 O) « m O) E X 000 M O O R X 0 0 0 IO O O o Coco 0 �. N m m Qf Coco M 0 0 0 0 {0 0 0 0 coo* O r O O C s �o m `c m � > CL .- oo moo 00 pj o 7 O C. CL o FA .' PAO o Q m N . A N c c c c m m ` O C Z�'Cs v c c C N C N a C S r J O m Q Z ° > c CO « « B V a0O0ON �0O 0O� �tPRORtN R O. m ON 0 a N IO l) r VI i m �F.0t �nON P.0 N P. N0ON P.H0 O N m t CC `o am�vi am�vi V �n .�m�n amen a O ^POO mP NN �0*. Uf 00 t7 oO (� G� Nm �190'O �aON ODD �NOO X000 e O N. G a v ° O W ° y C. 3 a r N V Z LOO Eow we ° o 0 o o 0 0 7 of E O ?E O V ° W — ° C ° o L c m W O c ° o C ° W° C ° a E o E e Y o V ° o v r e ° OQFxmO F-LLS6 tL n 0 $ N c 22 o N N H A O « C CFd .L 2 V un Of M r M 0) W r N 0) W r ch 0) r d m z d o VA �t O d J y 3oc� z« k CL �G y 0 m G ..1 9 d r O n W C t 7, C O C C LEO O! a W 7 V r� o C x000 N O O O x 0 0 0 N O O O a o 0 0 N 0 0 0 " C o o 0C N m m m° � 0 0 e o o � • P c o C C C � 0 N + N1 iR�Ga m onoio V 9 W N e 00 0 0 No O m E z E Lu Fm r mm e s t p ® ® s l o N O O N l00w a N a 0 a Y + r u a M V S S o E o r 1io .0 ci C7 Ol 23 11 0 • 0C N m m m° � 0 0 e o o � • P c o C C C � 0 N + N1 iR�Ga m onoio V 9 W N e 00 0 0 No O m E z E Lu Fm r mm e s t p ® ® s l o N O O N l00w a N a 0 a Y + r u a M V S S o E o r 1io .0 ci C7 Ol 23 11 0 • 0 GOALS AND TIMETABLES Affirmative Action Plan goals and timetables are flexible numerical objectives, based on the availability of protected group members in the relevant labor market that reflect the anticipated results of diligent good faith efforts applied to the hiring and advancement of protected_ group members. Used as such, goals and timetables are an appropriate measure of Affirmative Action progress. The goals used in the Affirmative Action Plan for the City of San Luis Obispo are based on the availability of protected group members in the relevant labor market. These employment goals represent a reasonable objective that the City of San Luis Obispo and its operating departments shall seek to achieve. The goals and timetables reflect the City's commitment to a rate of employment 'that is at least equal to the availability of women and minority .group members in the relevant labor markets. Affirmative Action goals will be reviewed and updated on an annual basis by the Affirmative Action Committee and appropriate recommendations made to the City Council, City Administrative Officer and all department heads to remedy problem areas. The Affirmative Action Officer will review and update the City's workforce statistics to assess the extent to which annual Affirmative Action goals and timetables are being achieved. Equal Employment Opportunity efforts and Affirmative Action ® results will be incorporated into the annual objectives and performance evaluations of all department heads and supervisors. ® 24 Access California California Men's Colony City of Paso Robles 49 Del Sol Court Personnel Office Personnel Department San Luis Obispo, CA 93401 P.O. Box 8101 1030 Spring Street San Luis Obispo, CA 93409 Paso Robles, CA 93446 Allan Hancock College CALTRANS City of Santa Ana Job Placement Career Ctr. P.O. Box 8114 20 Civic Center Plaza 800 S. College San Luis Obispo, CA 93403 -8114 M -24, P.O. Box 1988 Santa Maria; CA 93.454 Santa Ana, CA 92702 Atascadero, State Hospital Candelaria City of Irvine Personnel Office American Indian Council Attn: City. Clerk P.O. Box "A" P.O. Box 8110 1 Civic Center Plaza Atascadero, CA 93423 San Luis Obispo, CA 93403 -8.110 Irvine, CA 92714 Bakersfield Community College CCC Academy City of Lompoc Student Placement P.O. Box 5027 Personnel Department 1801 Panorama Drive San Luis Obispo, CA 93403 100 Civic Center Plaza Bakersfield, CA 93305 Attn: Terri Dinuvant Lompoc, CA 93438 CA State University at Chico CC WA - Attn: Sgt. Lopez City of Pismo Beach Placement Office 7165 Sombrilla Avenue Personnel Department Chico, CA 95926 -0700 Atascadero, CA 93422 1000 Bello Avenue Pismo Beach, CA 93449 CA State Polytechnic Central Neuro Behavior Cu. City of Hesperia University at San Luis Obispo Attn: Rick Holliday Personnel Department • Placement Center 3000 Colima Rd. P.O. Box 2966 San Luis Obispo, CA 93407 Atascadero, CA 93422 Hesperia, CA 92345 CA State Polytechnic City of Lawndale City of Chino University at San Luis Obispo Community Information Offcer Attn: Joanie Personnel Department . 14717 Burin Ave. 13220 Central Avenue San Luis Obispo, CA 93407 Lawindale, CA 90260 Chino, CA 91710 Cal Poly State University City of Soledad City of Bakersfield Disabled Student Service P.O. Box 156 Personnel Department Student Union 102 Soledad, CA 93960 1501 Truxton Avenue San Luis Obispo, CA 93407 Bakersfield, CA 93301 California Conservation Corps. City of Santa Maria City of Atascadero San Luis Obispo Center 110 East Cook Street Personnel Department P.O. Box 1380 Santa Maria, CA 93454 -5190 P.O. Box 747 San Luis Obispo, CA 93406 Atascadero, CA 93422 California Conservation Corps. City of Santee City of Morro Bay Attn: Vince Cimino Personnel Department Personnel, Department 1430 Capitol Avenue 10765 Woodside Avenue 595 Harbor Street Sacramento, CA 95814 Santee, CA 92071 Morro Bay, CA 93442 25 City of Grover Beach Personnel Department 154 S. 8th Street Grover Beach, CA 93433 ety of Vista Personnel Department 600 Eucalyptus Vista., CA 92083 City of Moreno. Valley Human Resources Department P.O. Box 1440 Moreno Valley, CA 92257 City of Lompoc 100 Civic Center Plaza P.O. Box 8001 Lompoc, CA 93438 -8001 City of Fresno Personnel Department 2348 Mariposa St. Fresno, CA 93721 City of Arroyo Grande rsonnel Department 4 E. Branch St. Arroyo Grande; CA 93420 City of Morgan Hill 17555 Peak Avenue Morgan Hill, CA 95037 Attn: Human Resources Office City of Salinas Personnel Department 200 Lincoln Avenue Salinas, CA 93901 Coast Rehabilitation Services 2950 De La Viria St., Suite #5 Santa Barbara, CA 93105 Colombia College Career Cntr. Yosemite Community College Dist. P.O. Box 1849 Olombia, CA 95310 County of Yuba ' ` ECOS Job Development & Training 101 W. Branch #2 825 9th Street, Suite C Arroyo Grande, CA 93454 Marysville, CA 95901 Cuesta College Personnel, Office P.O. Box 8106 San Luis Obispo, CA 93403 -8100 Employment Development Dept. 835 Park Street Paso Robles, CA 93446 Cuesta College Employment & Training Disabled Student Services 218 West Carmen Ln., Suite 209 P.O. Box J Santa Maria, CA 93454 San Luis Obispo, CA 93406 Cuesta College EOC Homeless Shelter Learning Skills - Dana Gough Attn: Susan Howe P.O. Box 8106 736 Orcutt San Luis Obispo, CA 93403 -8106 San Luis Obispo, CA 93401 Department of Rehabilitation Experience Unlimited State of California P.O. Box 239 2236 Si Broadway, Suite E Sacramento, CA 95823 -9000 Santa Maria, CA 93454 -7800 Dept. of Rehabilitation Filipino Women's Club 3232 S. Higuera St., !#101 885 S. '13th Street San Luis Obispo, CA 93401 -6925 Grover City, CA 93443 Director of Affirmative Action Golden State Schools. Personnel Office 402 Franel Road Cal Poly State University Santa Maria, CA 93454 San Luis Obispo, CA 93407 E.D.D. House of Prayer P.O: Box 8110 811 El Capital Way San Luis Obispo, CA 93403 -8100 San Luis Obispo, CA 93401 E.D.D. Human Resources Department 116 Franklin Lane San Mateo County Mike Mac Farland 590 Hamilton Street Redlands, CA 92373 Redwood City, CA 94063 E.O.C. Humbolt State University Personnel Office Job Development Specialist 880 Industrial Way Student Employment Office San Luis Obispo, CA 93401 Arcata, CA 95521. qj J. Groshart Vocational Monterey City Library Research & Development San Ardo Branch P.O. Box 926 P.O: Box 192 Santa Ynez, CA 93460 San Ardo, CA 93450 Job Agency of Santa Barbara North County Women's Resource P.O. Box 92255 Center Santa Barbara, CA 932902255 P.O. Box 2155 Atascadero, CA 93423 Job Services Oceano Community Services Dist. P.O. Box 8110 P.O. Box 599 San Luis Obispo, CA 93403 Atascadero, CA 93445 Kern County Personnel Office of Employee Services A -8 1120 Golden State Avenue County of San Diego Bakersfield, CA 93301 1600 Pacific Highway, Room 207 San Diego, CA 92102 La Verne Public Library PACE 3640 D Street 9625 Black Mt. Rd., Suite 305 La Verne, CA 91750 San Diego, CA 92126 Larsen & Benchman PIC -V Vocational Rehab. Services Santa Barbara County 669 Pacific, Suite G 218 West Carmen Lane; Suite 209 San Luis Obispo, CA 93401 Santa Maria, CA 93454 Los Angeles Pierce College Private Industry Council Attn: Student Employment 3566 S. Higuera, Suite 100 6102 Winnetka Avenue San Luis Obispo, CA 93401 Woodland Hills, CA 91364 Manning Rehabilitation Services Private Industry Council 5301 Office Park Drive, #125 21720 S. Wilmington Ave. #308 Bakersfield, CA 93309 -065.2 Carson, CA 90810 Attn: Beverly Barbed Mattison Vocational Services Rehabilitation Group Inc. P.O. Box 746 1332 De La Vina St. Los Olivos, CA 93309 -0652 Santa Barbara, CA 93101 -3121 Mexican- American Opportunity Robin V. Harter Foundation Auditor - Controller's Office 2000 28th Street 4080 Lemon Street, 11 th Floor Bakersfield, CA 93301 Riverside, CA 02501 -3652 27 Sacramento Municipal Util. Di Outplacement Center - Mail p 133 Department G.A., P.O. Box 15830 Sacramento, CA 96852 -1830 San Bernardino Public Library 555 West Sixth Street San Bernardino, CA 92410 San Luis Obispo City /County Library P.O. Box 8107 San Luis Obispo, CA 93408- San Diego State University Career Planning & Placement 5300 Campanile Drive San Diego; CA 92182 San Luis Obispo County Personnel Department County Government Ctrs, Rm -4k Santa Maria Public Library 420 South Broadway Santa Maria, CA 93454 Santa Barbara Business College 303 E. Plaza Drive Santa Maria, CA 93454 Attn: Barbara Deanor SEIU Local 817 11.555 Los Osos Valley Rd., A -7 San Luis Obispo, CA 93401 SLOCEA P.O. Box 3915 San Luis Obispo, CA 93403 -9990 • Social Services Yamada Vocational Services 1523 Longbranch �'; 11555 Los Osos Valley Road, #C Grover Beach, CA 93443 San Luis Obispo, CA 93405 �ringfield Baptist. Church Yuba College 2747 Broad Street 2088 North Beal Road San Luis Obispo, CA 93401 Marysville, CA 95901 St. Lukes Missionary Baptist Church 160 Brook Street San Luis Obispo, Ca 93401 State of California Employment Development Dept. 304 West Carmen Lane Santa Maria, CA 93454 Sunkist Library 840 N. Puente Avenue La Puente, CA 01744 Veterans' Service Office Q eterans' Memorial Building 01 Grand Avenue San Luis Obispo, CA 93401 Veterans' Service Office County of San Mateo 274 West 20th Avenue San Mateo, CA 94403 West Coast University P.O. Box 6088 - Lompoc, CA 93437 -3088 Women's Resource Center 1009 Morro Street #201 San Luis Obispo, CA 93401 yRC Vocational Consultants �f1555 Los Osos Valley Rd. Suite A -3 San Luis Obispo, CA 93401 28 Attachment B: CITY OF SAN LUIS OBISPO POSITION TITLES and EEO JOB CATEGORIES ADMINISTRATIVE DEPARTMENT Assistant City Administrator Officials /Administrators City Administrative Officer Officials /Administrators Administrative Analyst Professional Administrative Secretary Administrative Support Executive Secretary (Confidential) Administrative Support ATTORNEY'S OFFICE City Attorney Officials /Admn.istrators Assistant City Attorney Professional Legal Secretary (Confidential) Administrative Support CITY CLERK City Clerk Officials /Ad min istrators Assistant City Clerk Administrative Support Council Secretary Administrative Support Office Assistant I, II Administrative Support Secretary 1 Administrative Support • FINANCE DEPARTMENT Finance Director Officials /Administrators Accounting Manager Professional Information Systems Coordinator Professional Revenue Manager Professional Accounting Supervisor Technician Computer Systems Technician Technician Customer Services Supervisor Technician Accounting Assistant II, III Administrative Support Administrative Secretary Administrative Support Office Assistant I Administrative Support PERSONNEL DEPARTMENT Personnel Director Officials /Administrators Personnel Analyst Professional Risk Manager Professional Work Health Coordinator Professional Executive Secretary (Confidential) Administrative Support Personnel Assistant II (Confidential) Administrative Support 29 • COMMUNITY DEVELOPMENT DEPARTMENT Director of Community Development. Administrative Analyst Advance Planning Manager Assistant. Planner Associate Planner Chief Building Official Current Planning Manager Building Inspector Building Permit Coordinator Graphics Technician Zoning Investigator Coordinator Office Assistant. 11 Secretary II Senior Administrative Secretary PUBLIC WORKS DEPARTMENT Director of Public Works City Engineer Administrative Analyst • Arborist Engineering Field Supervisor Parking Manager Parks & Building Manager Supervising Civil Engineer Streets Manager Transit Manager Transportation Planner Building Maintenance Supervisor Building Maintenance Technician Engineering Assistant Engineering Technician Field Engineering Assistant Parking Enforcement Officer Parks Maintenance Technician Parks Supervisor Pool Maintenance Technician Public Works Inspector Streets Project Coordinator Streets Supervisor Supervising Mechanic Senior Administrative Secretary Office Assistant I Secretary I, it Heavy Equipment Mechanic 30 Officials /Administrators Professional Professional Professional Professional Professional Professional Technician Technician Technician Technician Administrative Support Administrative Support Administrative Support Officials /Administrative Officials/Administrative Professional Professional Professional Professional . Professional . Professional Professional Professional Professional Technician Technician Technician Technician Technician Technician Technician Technician Technician Technician Technician Technician Technician Administrative. Support Administrative Support Administrative Support Skilled Craft PUBLIC WORKS (CONTINUED) Heavy Equipment Operator I, II Signal Maintenance Electrician Janitor II, III Maintenance Worker I, II, III Street Painter Tree Trimmer I, II UTILITIES DEPARTMENT Utilities Director Administrative Analyst Solid Waste Coordinator Utilities Engineer Wastewater Division Manager Water Division Manager Water Conservation Coordinator Industrial Waste Coordinator Pretreatment Technician Telemetry & Instrumentation Technician Wastewater Collection Supervisor Water Distribution Supervisor Water Laboratory Technician Water Reclamation Facility Supervisor Water Reclamation Laboratory Technician I, II Water Reclamation Maintenance Technician Water Supply Supervisor Water Treatment Plant Supervisor Senior Administrative Secretary Utility Worker 11, III Water Reclamation Facility Operator Trainee, I, II, III Water Service Worker 11, ill Water Supply Operator 11, 111 Water Treatment Plant Operator II, III Maintenance Worker I, II RECREATION Recreation Director Principal Recreation Supervisor Parks Planner Golf Course Supervisor Recreation Supervisor Recreation Coordinator I, II Maintenance Worker II 31 Skilled Craft Skilled Craft Service /Maintenance Service /Maintenance Service /Maintenance Service /Maintenance Officials /Administrators Professional Professional Professional Professional Professional Professional Technician Technician Technician Technician Technician Technician Technician Technician Technician Technician Technician Administrative Support Skilled Craft Skilled Craft Skilled Craft Skilled Craft Skilled Craft Service /Maintenance Officials /Ad rninistrato rs Professional Professional Technician Technician Para - Professional Service /Maintenance FIRE DEPARTMENT Fire Chief Officials /Administrators • Fire Battalion Chief Fire Captain (Suppression) Professional Professional POLICE DEPARTMENT Professional • Professional Police Chief Officials /Administrators Police Captain Professional Police Lieutenant Professional Support Services Manager Professional Communications Supervisor Technician Communications Technician Technician Crime Prevention Coordinator Technician Evidence Technician Technician Police Field Services Technician Technician Police Records Supervisor Technician Police Officer Protective Service Police Sergeant I Protective Service Administrative Secretary Administrative Support Police Records Clerk I, II Administrative Support Secretary II Administrative Support Janitor II Service/ Maintenance FIRE DEPARTMENT Fire Chief Officials /Administrators • Fire Battalion Chief Fire Captain (Suppression) Professional Professional Fire Marshal /Battalion Chief Professional Fire Protection Specialist Professional Fire Inspector Technician Fire Plan Check Inspector Technician Graphics Technician Technician Hazardous Materials Coordinator Technician Public Education Specialist Technician Fire Engineer Protective Service Firefighter Protective Service Administrative Secretary Administrative Support Secretary II Administrative Support Fire Vehicle Mechanic Service /Maintenance 32 WN POLICE DEPARTMENT Police Chief Police Captain Police Lieutenant Support Services Manager Communications Supervisor Communications Technician Crime Prevention Coordinator Evidence Technician Police Field Services Technician Police Records Supervisor Police Officer Police Sergeant l Administrative Secretary Police Records Clerk I, II Secretary II Janitor II FIRE DEPARTMENT Fire Chief Fire Battalion Chief Fire Captain (Suppression) Fire Marshal /Battalion Chief Fire Protection Specialist Fire .Inspector Fire Plan Check Inspector Graphics Technician Hazardous Materials Coordinator Public Education Specialist Fire Engineer Firefighter Administrative Secretary Secretary II Fire Vehicle Mechanic Mary's Affirmative Action Disc: 93-AA 32 1 Officials /Administrators Professional Professional Professional Technician Technician Technician Technician Technician Technician Protective Service Protective Service Administrative Support Administrative Support Administrative Support Service/ Maintenance Officials /Administrators Professional Professional Professional Professional Technician Technician Technician Technician Technician Protective Service Protective Service Administrative Support Administrative Support Service /Maintenance • • Ir ,I i _J RESOLUTION N08 ... (1993 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN AMENDMENT TO THE SUBDMSION AGREEMENT FOR TRACT NO. 1750 (UNITS 1 & 2) EXTENDING THE TIME TO SUBMIT SURETY (Rob Rossi, Subdivider) WHEREAS, the City Council conditionally approved the final map for Tract 1750 (Units 1 & 2) per Resolution No. 8086 (1992 Series), subject to submittal of adequate surety by February 10, 1993, guaranteeing installation of the required subdivision improvements , and WHEREAS, the City Council approved an amendments to the subdivision agreement per resolution No. 8119 (1993 Series) on February 6, 1993 which extended the time to submit the surety to May 11, 1993, and per resolution No. 8163 (1993 Series) on May 4, 1993 which extended the time to submit the surety to August 9, 1993, and WHEREAS, the.Subdivider has requested an additional 90 days in order to provide said surety. NOW THEREFORE, BE IT RESOLVED that the amendment to the subdivision Agreement for Tract No. 1750 (Units 1 & 2) is hereby approved and the Mayor is authorized to execute the amendment. The surety shall be submitted on, or before November 8, 1993, or this approval shall become null and void. The final map shall not be recorded until submittal and approval of the surety, to the satisfaction of the City Attorney. On motion of Rappa , seconded by settle and on the following roll call vote: R -8200 Resolution No$200(1993 Series) Page Two 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: C CLER DIAN R. GLADWELL APPROVED AS TO FORM: City Att ey P: \W P5I \DReNew\T17503)Cr. wp MAYOR PEG PINARD p &0 .ti EXHIBIT A SUBDIVISION AGREEMENT AMENDMENT THIS AGREEMENT, dated this 3rd day of August , 1993 by and between Robin L. Rossi, herein referred to as "SUBDIVIDER ", and the City of San Luis Obispo, herein referred to as "City ". WITNESSETH: Reference is hereby made to that certain real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, as shown on the final map of Tract No. 1750 (Units 1 & 2), as approved by the City Council on November 10, 1992. WHEREAS, a Subdivision Agreement was entered into between the above- mentioned parties to guarantee completion of the subdivision requirements, and WHEREAS, the subdivision agreement provided for satisfactory surety to be submitted by February 10, 1993, and WHEREAS, the City Council approved an amendment to the subdivision agreement per Resolution No. 8119 (1993 Series) which extended the time to submit the surety to May 11, 1993, and per Resolution No. 8163 (1993 Series) which extended the time to submit the surety to August 9, 1993, and WHEREAS, the subdivider has requested an additional 90 days to submit said surety. Tract No. 1750 (Units 1 & 2) Page Two NOW THEREFORE BE IT RESOLVED that the subdivision agreement dated November 10, 1992 for Tract No. 1750 (Units 1 & 2) is hereby modified to extend the time to submit the required Faithful Performance and Labor & Materials surety by 90 days to November S., 1993. All other provisions of the aforementioned Subdivision Agreement shall remain in force. IN WITNESS WHEREOF, this agreemp*+t hac hoop hv- APPROVED: City of San Luis Obispo 6. MAYOR -(/Peg Pinard ATTEST: q c,Y t -1 Di and Gladwell APPROVED AS TO FORM: u Q n c+ ae4�) Lbo C - 3 - e fr y Jotgensen City Attorney G: \WP51 \DRev1e WM 750 \3XT.wp rl U IN' "llyl Call I