HomeMy WebLinkAbout8243-8253RESOLUTION NO. 8253 (1993 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO
POLICE OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 1993
THROUGH JUNE 30, 1994.
BE IF RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. The Memorandum of Agreement between the City of San Luis Obispo
and the San Luis Obispo Police Officers' Association, attached hereto as Exhibit "A" and
incorporated herein by this reference, is hereby adopted and ratified.
Section 2. The Finance Director shall increase the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
Section 3. The City Clerk shall furnish .a copy of the resolution and a copy of the
executed Memorandum of Agreement approved by it to: Tom DePriest, President
SLOPOA; Ann Slate, Personnel Director; William Statler, Finance. Director.
On motion of Rappa , seconded by Romero
and on the following roll call vote:
AYES: Council Members Rappa, Romero, Roalman, Settle, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 16 day of December, 1993.
ATTEST:
is 1 Gladwe I, City�lerk
(yo e� r
Mayor Fog Pinard
APPROVED AS TO FORM:
uF/101 r
R -8253
A- 87 -93 -CC Exhibit "A"
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO POLICE OFFICERS' ASSOCIATION
JULY 1, 1993 - JUNE 30, 1994
This supplemental agreement is made and entered into this j day of
December, 1993, by and between the City of San Luis Obispo, hereinafter referred
to as the City, and the San Luis Obispo Police. Officers' Association, hereinafter
referred to as the Association, amends the Memorandum of Agreement dated July
1, 1988 between the City and Association as follows:
1) The term of the agreement shall be one year, July 1, 1993 through
June 30, 1994.
2) There will be no salary increases.
3) The City's Cafeteria Plan contribution shall be increased by $50.00
per month effective January 1, 1994.
4) Article 9 of the Memorandum of Agreement between the City of San
Luis Obispo and the San Luis Obispo Police Officers' Association shall
be amended to read:
9.1 DEFINITION
Overtime is defined as all hours worked in excess of 160 hours
worked in the employee's 28 day work period. Vacation,
holidays, sick leave, IOD, and compensatory time off, shall be
considered hours worked when computing overtime.
A- 87 -93 =CC
9.2 ELIGIBILITY
All sworn employees covered by this Agreement shall be eligible
for overtime pay. The Police Chief has the authority to approve
in writing overtime pay for exempt positions per submitted
overtime slips by the concerned parties, based on the needs of
the organization or exceptional circumstances.
9.3 COMPENSATION
(a) Overtime hours 161 thru 171 worked in the employee's
28 day work period, shall, at the employee's option, be
compensated in cash at time and one half the employee's
regular rate of pay or in time off compensated at time
and one half. However, no employee shall accumulate
and have current credit for more than 40 hours of
compensatory time off.
(b) Overtime earned in excess of the first eleven (11) hours
of overtime earned in the employee's 28 day work
period, shall be compensated in cash at one and one half
(1 1/2) times. the employees regular rate of pay.
5. Effective with the payment due in July 1994, the annual
uniform allowance shall be increased to $725.00.
6. All other terms and conditions provided in the Memorandum of
Agreement between the City and the Association, July 1, 1988
through June 30, 1993, shall continue in full force and effect
through midnight June 30, 1994.
CITY OF SAN LUIS OBISPO
4
Ann Slate, Personnel Director
S:P.O.
SAN LUIS OBISPO POLICE
OFFICERS' ASSOCIATION
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Tom DePr est, President
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RESOLUTION NO. 8252 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
RESCINDING PREVIOUS RESOLUTIONS NO. 6505 (1988 Series) AND NO. 5369
(1984 Series); AND AMENDING RESOLUTION NO. 6587 (1988 Series); AND
ADOPTING A MANUAL ENTITLED "COUNCIL POLICIES AND PROCEDURES"
WHEREAS, the establishment of procedural rules for the conduct of meetings of the
City Council will promote and enhance a more efficient and effective means of conducting
the public's business; and
WHEREAS, the implementation of procedural rules regarding Council meetings and
the conduct of the public's business, will allow Council Members and the public an
opportunity to speak freely and fully on all matters of public interest;
WHEREAS, State law requires that a City Council comply with certain requirements
designed to provide reasonable and adequate public notice of these meetings; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo:
SECTION 1. The Council hereby approves and adopts the Council Policies and
Procedures Manual, a copy of which is attached hereto marked Exhibit "A" and is
incorporated herein. A copy of the Council Policies and Procedures Manual shall
be maintained on file in the Office of the City Clerk, shall be distributed to all
Council Members and Department Heads, and shall be available to the public during
reasonable business hours.
R -8252
Resolution No. .8252 (1993 Series) Page Two
SECTION 2. This resolution rescinds previous Resolution No. 6505 (1988 Series)
and previous Resolution No. 5369 (1984 Series)
SECTION 3. This resolution amends Section 6 of Resolution No. 6587 (1988 Series)
to read in full as follows:
"SECTION 6. COUNCIL COMPENSATION COMMITTEE
A five- member review committee shall be appointed by January 1st in even-
numbered years and shall bring its proposed recommendations in resolution form to
the City Council within 90 days, or no later than April 1st.
A. Membership. The committee membership shall have as broad a
representation as possible, including but not limited to, one previously elected
official, one Personnel Board member, and one citizen -at- large.
B. Review Responsibility. The committee shall review the full Council
compensation package including salary, benefits, expense reimbursement,
professional development allowances and any other compensation provided
the City Council. Review should include, but shall not be limited to: 1)
compensation of Council and Mayors of cities of similar population /budget
size; 2) compensation practices of both Charter and General Law cities; 3)
Government Code provisions for General Law cities; 4) Council and Mayor
responsibilities in San Luis Obispo at the time of the committee's review; and
5) any structural changes that may have occurred in municipal government
either as a result of Sate legislation or by actions of the local electorate which
Resolution No8252 (1993 Series)
Page Three
may have added to or deducted from the duties and responsibilities of the
Council Members and /or Mayor."
On motion of Council Member Rappa , seconded by Roalman , and
on the following roll call vote:
AYES: Council Members Rappa, Roalman, and Romero
NOES: Council Member Settle and Mayor Pinard
ABSENT: None
The foregoing Resolution was passed and adopted this 14th day of
December 1993.
Mayor Peg Pinard
ATTEST:
APPROVED:
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COUNCIL POLICIES &'PROCEDURES
TABLE OF CONTENTS
CHAPTER ONE MEETING GUIDELINES & PROCEDURES
1.1 MEETING SCHEDULE
1.1.1
MEETINGS
1.1.2
REGULAR MEETINGS
1.1.3
STUDY SESSIONS
1.14
SPECIAL MEETINGS
1.1.5
USE OF COUNCIL CHAMBERS
12 AGENDA
1.2.1.
PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)
1.22
PLACING AN ITEM ON THE AGENDA .(THE PUBLIC)
1.2.3
EMERGENCY ITEMS
1.2.4
RECONSIDERATION OF AN ITEM
1.25
ORDER OF BUSINESS
1.2.6
CONSENT ITEMS
12.7
NOTIFICATION AND ADVERTISING
1.3 MEET
1.3.1
1.3.2.
1.3.3
1.3.4
1.3.5
13.6
13.7
13.8
13.9
13.10
ING PROCEDURES
PRESIDING OFFICER
QUORUM
DISCUSSION RULES
PARLIAMENTARY PROCEDURE
PROTOCOL
VOTING PROCEDURES
PUBLIC COMMENT
CONSENT ITEMS
COMMUNICATIONS
CLOSED SESSIONS
CHAPTER TWO COUNCIL COMPENSATION
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
22 RETIREMENT, MEDICAL, DENTAL, VISION, AND LIFEINSURANCE
2.3 PROFESSIONAL DEVELOPMENT
2.3.1 PROFESSIONAL DEVELOPMENT
2.3.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE
2.3.3 START -UP ALLOWANCE
CHAPTER FIVE COUNCIL /STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
5.2 COUNCIL AND. COUNCIL MEMBERS
5.3 STAFF
5.4 E -MAIL AND REMOTE ACCESS TO COMPUTERS
5.4.1 COUNCIL REMOTE ACCESS
5.4.2 REMOTE ACCESS POLICY
CHAPTER SIX ADVISORY BODY PROCEDURES
6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS
6.2 OTHER COUNCIL SUBCOMMITTEES
6.2.1 LEGISLATIVE ACTION SUBCOMMITTEE
63 ROLE F ADVISORY BODY MEMBERS AT COUNCIL MEETIN
_
6.3.1 INTENT
6:3.2 COUNCIL AGENDA REPORTS
63.3 COUNCIL MEETINGS
6.3.4 RECOMMENDATIONS
6.4 ROLE OF CITY STAFF PERSONS
6.5 APPOINTMENT PROCEDURES
65.1 PURPOSE
6.5.2 COUNCIL SUBCOMMITTEE LIAISIONS
6.6 PROCESS
6.6.1 QUALIFICATIONS
6.6.2 TERMS
6.63 PROCESS
MAJOR POLICIES AND PLANS REFERRAL LIST
C 0
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES.
.
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding
meetings and the manner in which special meetings may be called. Public interest
and convenience shall be primary considerations when decisions are made as to
time, location and frequency.
Except as otherwise provided by law, all meetings of the Council shall be open to
the public. (Charter S 502).
1.1.2 REGULAR MEETINGS
1.1.2.1 Regular meetings shall be held the first and third Tuesday esday of each month
beginning at 7;00 p.m. (Prior Res.. 6505) In the event that a regular
meeting of the Council shall fall on a legal holiday, that regular meeting
shall be held at the same place and time on the next succeeding working
day. (Ord. 677)
1.1.2.2 Regular meetings shall be held in the Council Chambers, 990 Palm
Street, in the City (Ord. 677).
1.1.2.3 Regular meetings shall be between the hours of 7:00 - 11:00 p.m. It
shall be the policy of the City Council to complete meetings, including
Closed sessions, by 11 :00 p.m. unless, upon consensus, Council elects to
continue past the adjournment hour. Following the mid- meeting break
(around 9:00 p.m.) the Mayor, with assistance from the C.A.O., will
review the balance of the agenda with Council to discuss how it can be
handled in the allowed time. If it is necessary to continue any items, it
will be announced at that. time.. (Prior Res. 6505)
1.1.3 STUDY SESSIONS (Open to the public)
1.13.1 The purpose of these m_ eetings shall be for informal discussions between
staff, advisory bodies or consultants and the City Council regarding
specific programs, projects or policies: (Prior Res. 6505)
1.132 Study Sessions will be ' held at a time and place convenient to
Council and advantageous for public participation.
page 1
1.13.3 Participation of the public shall be at the discretion of the Presiding
Officer, upon consensus of the Council. (Prior Res. 6505)
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings. may be called by the Mayor or three members of the
City Council. (GC s 54956) Written notice of each special meeting must
be given not less than twenty-four (24) hours before such meeting to each
member of the City Council not joining the call. (Ord. 677)
1.1.4.2 Written notice must be given to the City Council and to the media 24
hours prior to each meeting. (GC § 54956)
1.1.4.3 A supplemental telephone call shall be made if necessary to notify each
Council Member. (Prior Res. 6505)
1.1.4.4 No business other than that announced shall be discussed. (Prior Res.
6505)
1.1.4.5 Any special meeting held at a place other than City Hall shall be open
to the public. Notice requirements of the Brown Act shall be complied
with for any such meetings; regular minutes shall be taken by the City
Clerk and shall be available for public inspection. (Prior Res. 6505)
1.1.5 USE OF COUNCIL CHAMBERS
1.1.5.1 The City Administrative Officer, or designee, is responsible for
maintaining a calendar on the use of the Council Chamber and all
requests for reservations shall be cleared through the administrative
office. (Prior CP &P S 9.08)
1.1.5.2 When a question arises regarding permission for any group to use the
facility, the. City Administrative Officer shall have authority to make the
final decision. (Prior CP&P 9 9.08)
1.1:5.3 The following rules are established as a guide:
1.1.5.4 Use of the Council Chamber by City commissions, committees, and other
advisory bodies shall take precedence over any other.group or agency;
1.155 Favorable consideration shall be given to other governmental agencies
and non - profit groups. No events of a commercial nature shall be
allowed;
1.15.6 No admission shall be charged. No events featuring the service of food
or drink shall be allowed;
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1. 1.5.7 Regularly scheduled meetings by other agencies and groups shall be
discouraged. (Prior CP &P S 9.08) .
1.2 .AGENDA
1.2.1 Any Council Member may request an item be placed ,on a future agenda
during Communications,.and upon consensus of a majority of Council,
staff will prepare a staff report if formal Council action is required.
Action in support of or in opposition to legislation at another government
level, or of a specific cause, shall be considered only if the subject issue
directly affects, or is within the purview or control of; the City of San
Luis Obispo and is consistent with Council policies. (Prior Res. 6505) .
1.2:2 A member of the public may request "an item be placed on a future
agenda during Public Comment or other communication with Council
Members, and upon consensus of a majority of Council, a staff report will
be prepared and approved by the C.A.O. or his designee. (Prior Res.
6505)
1.2.3 Emergency items may be placed on the agenda only in accordance with
state law. Generally, only those matters affecting public health or safety
maybe considered emergency in nature. A four- fifths vote of Council is
necessary to add an emergency item. (Prior Res. 6505)
1.2.4 Reconsideration of an item shall be allowed in accordance with Robert's
Rules of Order and established Council guidelines. Resubmittal of issues
previously acted upon is discouraged, but requests will be considered
upon a consensus of a majority of the Council. (Prior Res. 6505)
1.2.5 ORDER OF BUSINESS shall be as follows:
1.2.5.1
Call to Order,
1.25.2
Pledge of Allegiance
1253
Moment of Inspiration
Moment,
Roll Ca
1.255
Public Comment
1.2.5:6
Consent Agenda
1.2.5.7
Appointments
1.25.8
Liaison Reports
1.2:5.9
Public Hearings
1.2:5.10
Business Items
1.25.11
Communications
(Prior Res. 6505)
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1.2.6 CONSENT ITEMS
■
Consent items are the ^first items on the agenda (items that are routine, have
been discussed before, relate to implementation of approved budget, or to
City operations or items to be later set for public hearing). (Prior Res. 6505)
1.2.7 NOTIFICATION AND ADVERTISING
12.7.1 The City will advertise all matters of significant neighborhood or
community public interest which appear on a City Council or Planning
Commission agenda, as well as all matters where advertising is required
by law. Said advertisements shall include location maps, project
descriptions. and posting of property, if required, written in plain English
in order to fully inform all interested individuals.
1.2.7.2 All advertising shall be accomplished in an economical manner. All
affidavits of publication shall be reviewed by the City Clerk and will be
available to interested members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
13.1.1 The Mayor is the Presiding Officer and acts as Chair at Council
meetings. (Charter S 407)
1.3.1.2 In the absence or incapacity of the Mayor, the Vice -Mayor will serve as
Presiding Officer. (Prior Res. 6505)
1.3.1.3 Seating arrangement of the Council:
13.13.1. The Mayor Pro - Tempore (Vice - Mayor) shall always be seated
immediately next to the Mayor. (Prior Res. 6505)
13.1:3.2 The Mayor with approval of individual Council Members shall
establish other.' seating arrangements for regular Council
meetings. (Prior Res. 6505)
1.3.1.4 Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances, resolutions,
contracts and other documents which have been adopted by the City
Council and require an official signature except when the City
Administrative. Officer has been authorized by Council action to sign
documents. In the event the Mayor is unavailable, the Mayor
Pro - Tempore's (Vice- Mayor) signature may be used. (Prior Res. 6505)
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1.3.2 QUORUM
(Moved from prior CP &P S 1.16.020)
A majority of the Council Members shall constitute a quorum for the
transaction of business. (Charter § 503.)
13.3 DISCUSSION RULES
13.3.1 Obtaining the floor:
1.3.3.1.1 A member of the. City Council or staff shall first address the
Presiding Officer and gain recognition. (Prior Res. 6505)
133.1.2 Comments and questions should be limited to the issue before
Council; (Prior Res. 6505)
133.1.3 Cross - exchange between Council Members and public should be
avoided. (Prior Res: 6505)
1.3.3:2 Questions to Staff: ,
A Council .Member shall, after recognition by the Presiding Officer,
address questions to the designated staff member. (Prior Res. 6505)
1.333 Interruptions:
1333.1 Once recognized, a Council Member shall not be interrupted
while speaking except to make a point of order or personal
privilege (Robert's Rules). (Prior Res. 6505)
1.33.3.2 If a Council Member is - called to order while speaking, the
individual shall cease speaking until the question of order is
determined (Robert's Rules). (Prior Res. 6505)
133:3:3 Upon being recognized by the Presiding Officer; members of
staff shall hold the floor until completion of their remarks or
until recognition is withdrawn by the Presiding Officer. (Prior
Res. 6505)
1:3.3.4 Limitation on Discussion:
No Council Member shall speak more than once on a particular subject
until every other Council Member has had the opportunity to speak.
Council Members are encouraged to discuss items during the
decision- making process. (Prior Res. 6505)
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13:3.5 Tabling Procedure:
Immediately stop discussion and vote (Robert's Rules). (Prior Res. 6505)
1,33.6 Right of Protest:
A Council Member is never required to state reasons for dissent. (Prior
Res. 6505)
1.33.7 Rules of Procedure .
The Council shall determine its own rules of procedure. (Charter
§504.
1.33.8 Council Minutes: in the
If a Council Member wi precede the state rnento with 'for the record," or
minutes, lie /she should
request the City Clerk to enter it into the record following the statement..
1.3.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy (State law and
Robert's Rules). See table 1:3.4, which summarizes the most frequently used
actions. (Prior Res. 6505)
1.3:5 PROTOCOL
1.3:5:1 Council Members and staff shall:
13.5.1.1
Work earnestly to preserve appropriate order and decorum
during_ all meetings. (Prior Res. 6505)
disruptions, interruptions or delaying efforts
1.3.5.1;2 Side conversations(prior Res.. 6505)
are discouraged;
13:5_ .1.3 Inform the Presiding Officer when departing from a meeting.
(Prior Res. 6505)
1.3.5.2 Persons demonstrating rude,
boisterous, or profane behavior will be
called to order by the Pr are essof request the removal of such person(s)
Presiding Officer may
from the Council, Chamber, adjourn the meeting, o Pnor Resh650 )r
appropriate action as permitted by the Brown Act.
the City Council, .staff, and those authorized by the Presiding
1.3.53 Only . tY
Officer shall be permitted to sit at the Council or staff tables. (Prior
Res. 6505)
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135.4 Enforcement of order:
135.4.1 The Police Chief or his designee shall act as the
Sergeant -at -Arms. (Prior Res. 6505)
1.15.4.2 Any Council Member may request the Presiding Officer to
enforce the rules of protocol. Upon motion and majority vote,
the Presiding Officer shall be required to do so. (Prior Res.
6505)
1.3.6 VOTING PROCEDURES
13.6.1 When present, all Council Members shall vote.. Failure of a seated
Council Member to vote will co_ nstrued as an affirmative vote.
(Charter S 505.)
13.6:2 No ordinance, resolution or motion shall be passed or become effective
without receiving the affirmative vote of at least three members of the
Council. (Charter S 506.)
1.3.6.3 A conflict of interest shall be declared whenever appropriate and in
compliance with State law and the Council Member will step down and
not participate in the discussion or vote on the item. (Prior Res. 6505)
13.6.4 A vote may be changed by a Council Member only immediately after the
vote announcement by the City Clerk and prior to the introduction of the
next agenda item. (Prior Res. 6505)
1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the
motion maker to restate the motion if, required for Council or public
clarity. (Prior Res. 6505)
1.3.6.6 Electronic voting is the preferred method for recording Council
votes. (Adopted by motion on 11/15/88)
1.3.6.7 Voice votemay be taken at the discretion of. the Chair. (Prior Res.
6505)
13.6.8 General consent vote may be taken at the discretion of the Chair, if
there are no negative votes or objections by Council Members. (Prior.
Res. 6505)
13.6.9 Upon "the request of any member, the ayes and noes shall be taken and
recorded on any vote. (Charter § 505)
1;3.6.10 The ayes and noes shall be taken upon the passage of all ordinances and
resolutions and entered upon the journal of the proceedings of the
Council. (Charter S 505)
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1.3.6.11 Following the vote the City Clerk shall announce whether the questions
have been carried or defeated. (Prior Res. 6505)
13.6.12 Tie votes. Should a tie vote occur, the Council is required to continue
the item by majority vote or make motions until an action receives three
affirmative votes. (Prior, CP &P 1.16.030)
13.6.13 The Presiding Officer may publicly explain the effect of the vote for the
audience or may direct a member of the staff to do so. (Prior Res. 6505)
13.7 PUBLIC COMMENT
1.3:7.1 Immediately prior to scheduled public hearings, members of the public
may address the City Council on items that are not on the printed
agenda, or items on the Consent Agenda. A time limit of three minutes
is provided. A speaker slip must be filed with the City Clerk prior to the
beginning of the meeting. (Prior Res. 6505)
13:7.2 Pursuant to the Brown Act, , action may not be taken on issues not
listed on the agenda. Staff may be asked to follow -up on such items..
(Prior Res. 6505)
13.73 Individuals desiring to speak shall:
1:3.73.1 Submit a speaker slip to the City Clerk:
1.3.7.3_ .2 Address the Council from the podium after giving name and city of
residence; (Prior Res. 6505)
13.733 Comment on the.specific matter before the Council with reasons for
the position taken. Written comments are encouraged and should be
submitted before the public hearing is closed on that item; (Prior
Res. 6505)
1.3.73.4 Limit comment to three minutes until others have had opportunity
to address the Council. The Presiding Officer, after all others
have spoken, may allow additional brief comment from speakers
who have already commented on the same agenda item. (Prior Res.
6505) .
13.7.4 Group or applicant representatives desiring to speak shall:
13.7.4.1 Submit a speaker slip to the City Clerk.
1.3.7.4.2 Address the Council from the podium after giving name of the
group, its purpose if necessary, and the representative's name. and
city of residence; (Prior Res. 6505)
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13.7.4.3 Be permitted up to ten minutes to speak in either support or
opposition to an agenda item. Prior written comments are
welcomed and encouraged. (Prior Res. 6505)
1.3.73 After the public hearing is closed, no member of the public shall be
permitted to address the Council or the staff from the audience, except
at the discretion of the Presiding Officer. (Prior Res. 6505)
13.8 CONSENT ITEMS
13.8.1 Minor Questions. A Council Member may ask questions on any item
without it being pulled from the Consent Agenda. (Prior Res. 6505)
When a Council Member has a minor question for clarification
concerning a consent item which will not involve extended discussion, the
item may be pulled for clarification at the beginning of the meeting and
the questions will be addressed along with the rest of the Consent
Agenda. There should be no objections at this time. Council Members
are encouraged to seek clarifications prior to the meeting (if at all
possible). (Memorandum from Mayor dated 6/12/91.)
13.8.2 No Vote. When a Council Member wishes to pull an item simply to
register a dissenting vote, a request should .be made that the item be
pulled for separate_ vote without discussion. Such items will also be
handled at the beginning of the meeting along with the rest of the
Consent Agenda. (Memorandum from Mayor dated 6/12/91.)
13.83 Any item may be pulled by a Council Member for discussion. A member
.of the public may request the Council to pull an item for discussion.
(Prior Res. 6505)
1.3.8.4 Pulled items shall be heard at the close of the session unless a majority
of the Council chooses an earlier time (Prior Res. 6505)
1.3.9 COMMUNICATIONS
1.3.9.1 The purpose of this time is to allow staff and Council to provide an
update or share information regarding a particular matter. Examples of
appropriate Are
would be information of general interest
received from outside,agencies, and comments or inquiries received from
individuals or from the public, or requests to agendize future items.
(Prior Res. 6505)
1.3.9.2 If possible, written material connected with a particular communication
item should .be provided to the. C.A.O. sufficiently in advance of the
meeting to be distributed with the regular agenda materials. (Prior Res.
6505)
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13.93 State law provides that Council can take action only on such matters
which have been noticed at least three days in advance of the meeting,
unless special circumstances are found to exist.. Formal action or
approval on non - agendized items is not allowed and such an item should
be placed on the agenda of the next regular meeting. (Prior Res. 6505)
13.9.4 The communications period should not exceed 15 minutes and speaking
to a particular item should be limited to five minutes. (Prior Res. 6505)
1.3.10 CLOSED SESSIONS (closed to the public)
13.10.1 Closed Sessions are regulated pursuant to the Brown Act. (Prior Res.
6505)
13.10.2 No member of the Council, employee of the City, or anyone else present
shall disclose to any person the content or substance of any discussion
which takes place in a closed session unless authorized by a four =fifths
vote of the Council. (Prior Res. 6505)
♦1♦
page 10
CHAPTER TWO
COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action after
the Council Compensation Committee conducts a biennial review and makes a
recommendation: See Section Vl of this Chapter:
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Effective January 1, 1989, compensation for services rendered in an official capacity shall
be provided as follows: a Council Member is $800 per month and the Mayor receives_ a
monthly salary of $1,000. (Res. 6587)
22 RETIREMENT, MEDICAL, DENTAL, VISION, AND LIFE INSURANCE
The Mayor and Council Members shall be entitled to city- funded participation in group
insurance benefits such as P.E.R.S. retirement, medical, dental, vision, and life insurance
plans available to city employees with the city providing funding up to the level provided
management employees. The City shall not pay an annual lump sum payment for the
difference between the benefit amounts provided and any lesser sum expended by the
Council Member for medical; eye care, and dental coverage for the calendar year. (Res.
6587)
2.3 PROFESSIONAL DEVELOPMENT
Allowances shall be budgeted for the Mayor and each Council Member as follows:
2.3.1 PROFESSIONAL DEVELOPMENT
For costs of professional development and educational conferences designed to improve
understanding of and proficiency in municipal affairs. Said allowance shall be used for
out -of -county expenses only and shall be reimbursed in accordance with accepted City
Travel Guidelines:
Annual Allowance:
Council Member
Mayor
$1500
$1800 (Res. 6587)
23.2 LEAGUE OF CALIFORNIA CITIES CONFERENCE
For the cost of participating in the Annual Conference of the League of California
Cities. The City shall also reimburse the following costs for spousal participation, which
is encouraged:
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Double room instead of a single room.
Spousal registration fees to attend Conference seminars (this does not include
reimbursement for recreational activities that may offered by the League during
meeting activities).
Travel expenses only if a bus, train, or plane must be used rather than a city
vehicle. If the public official uses his /her personal vehicle, travel reimbursement
shall be provided.only the employee.
Meals that spouses are expected to attend as part of. directly- related Conference
activities will be reimbursed at the same per diem as the ,public official. (Res.
6587)
2.3.3 START -UP ALLOWANCE
An additional professional development allowance up to $1,000 shall be budgeted to
each new Mayor and Council Member to help accelerate his /her comprehension of
municipal and legislative operations during the first 12 months following the taking of
office: (Res. 6587)
2.4 CITY BUSINESS AND MILEAGE
Quarterly allowances shall be budgeted for the Mayor and each Council Member as follows
2.4.1 CITY BUSINESS
For costs incurred in connection with official City business. Said allowance shall be
used for in- county expenses and shall include all meals, tickets, periodicals, dues,
subscriptions, and similar miscellaneous expenses.
Quarterly Expense Allowance:
Council Member. $300
Mayor $450 (Res. 6587)
2.42. MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be made
upon submittal of an official mileage expense form:
Ouarterly Mileage_ Allowance:
Council Member
Mayor
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$300
$450 (Res. 6587)
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to ensure that
expenditures and reimbursements are in compliance with approved budget allocations. The
Mayor and each Council Member is expected to plan business activities so as to stay within
his /her budget. When exceptional circumstances require that additional amounts be
allocated to accounts, formal Council action shall be required. (Res. 6587) .
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all
expenditures charged to the individual. Council Member or Mayor. If any account is
depleted prior to the end of the fiscal year, additional allocations shall require a
specific action of the City Council. Claims for reimbursement as specified in Section .
IV, above, may be submitted monthly but the aggregate of three monthly claims may
not exceed the quarterly maximum. Receipts shall be submitted within the fiscal year.
The Council budget shall be available for review in the City ClerWs Office and the
Mayor and Council Members shall receive periodic statements. (Res. 6587)
2:5.2 REIMBURSEMENT LIMITATION
The City s adopted Travel Guidelines shall govern all expenditures for non -local
professional, development and conferences. These guidelines include all non -local
official meals, tuition or fees, transportation to ,meeting sites, materials and telephone
usage. (Res. 6587)
2.5.3 SPECIAL EXPENSES
For occasions when the Mayor and /or a Council' Member is designated by the City
Council to represent the City at special meetings, reimbursement shall be mad_ a from
an unallocated Travel Expense. Account. (Res. 6587)
25.4 HONORARIUM
If the Mayor or a Council Member receives an honorarium as a result of his /her
participation in a meeting or conference, the amount of the honorarium shall be
deducted from the amount normally provided by the City for that meeting or
conference if the City paid for the Council Member's attendance at such meeting or
conference. (Res, 6587)
25.5 OTHER GUIDELINES
Any other travel - related issue not specifically governed in this resolution shall be
adjudicated in accordance with the City of San Luis Obispo adopted Travel Guidelines.
(Res. 6587)
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2.6 COUNCIL COMPENSATION COMMITTEE
A five - member review committee shall be appointed by January 1 in even - numbered years
and shall bring its proposed recommendations in resolution form to the City Council within
90 days, or no later than April 1st. (Res. 6587)
2.6.1 MEMBERSHIP
The committee membership shall have as broad a representation as possible, including
but not limited to, one previously elected official, one Personnel Board member, and
one citizen -at- large: (Res. 6587).
2.6.2 REVIEW RESPONSIBILITY
The committee shall review the full Council compensation package including salary,
benefits, expense reimbursement, .'professional development allowances and any other
compensation provided the City Council. Review should include, but shall not be
limited to: 1) compensation of Council and Mayors of cities of similar
population /budget size; 2) compensation practices of both Charter and General Law
cities; 3) Government Code provisions for General Law cities; and 4) Council and
Mayor responsibilities in San Luis Obispo at the time of the committee's review; and
5) any structural changes that may have occurred in municipal government either as a
result of State legislation or by actions of the local electorate which may have added
to or deducted from the duties and responsibilities of the Council Members and /or
Mayor. (Res. 6587)-
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Council Policies & Procedures_ - Chapter 3: Council Powers & Appointments
CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR POWER AND DUTIES
The Mayor shall preside at all meetings of the City Council and perform such other duties
consistent with the office as may be imposed by the Council or by vote of the people. The
Mayor shall be entitled to, and must vote when present, but shall possess no veto power.
As presiding officer of the Council, the Mayor will faithfully communicate the will of the
Council majority to the Administrative Officer in matters of policy. (Charter. § 407)
The Mayor shall present an annual work program to the Council for its consideration at the
first meeting in May. The Mayor shall have the responsibility for forwarding the work
program approved by the Council. (Charter § 407)
The Mayor should submit the annual work program at the beginning of the budget process
to allow incorporation into the Council goal - setting process.
The Mayor shall be recognized as the official head of the City for all ceremonial purposes,
and by the Governor for military purposes. In time of public danger or calamity, the Mayor
shall take command of the public forces, maintain order, and enforce laws. (Charter S 406)
The Mayor shall exercise such other powers and perform such other duties as may be
prescribed by law or ordinance or by resolution of the Council, except as limited by this
Charter. (Charter S 407)
3.2 APPOINTMENT OF VICE -MAYOR
The appointment of the Vice -Mayor shall be for a one -year term and is made on a
rotational basis, the appointment going to the next senior member. The Vice Mayor shall
be appointed at the first meeting in December. (Adopted by motion on 12/19/83 and
12/02/85.)
33 FILLING COUNCIL VACANCIES
3.3.1 Council appointment within 30 days; or call Special Election. Per City
Charter Section 406, the Council shall by a majority "vote of the remaining
Council members appoint a replacement member to the Council within 30
days of the occurrence of the vacancy. If no appointment is made within said
30 days, the Council shall set a date for a special election to fill the vacancy.
(Res. 4423)
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Council Policies & Procedures Chapter 3: Council Powers & Appointments
3.3.2 Open and public procedures for appointment: In order that the public may
know how its business is being conducted, all phases of the Council process
to appoint a replacement member to a vacancy shall be conducted in public.
(Res. 4423)
33.3 Advertise for applicants to fill vacancy. At least ten days before Council
meets the first time to select a replacement member for a vacancy, the City
shall advertise in a local newspaper of general circulation describing the
vacancy and term thereof, requesting applications from those persons
interested in being appointed. (Res. 4423)
33.4 Qualifications. Although the only two established minimum qualifications for
appointment are (i) residency in the City for at least 30 days prior to
appointment, and (ii) elector status at the time of appointment (City Charter
5 403), each applicant shall submit a petition signed by no less that 20, nor
more than 30 registered voters, together with a written statement of 200 words
or less covering at least the following areas:
33.43 The amount of time available each week to devote to the Council;
3:3.4.2 Reasons for wanting to be appointed;
3.3.4.3 Involvement in community affairs and organizations, especially in the
preceding 23 -month period;
3.3.4.4 Personal qualifications for the position;
3.3.4.5 Prior experience in government, or areas associated with or doing
business with government. (Res. 4423)
33.5 Public Meeting
3.3:5.1 At a time(s) selected by the Council, a meeting open to the public shall
be held by the Council to consider the selection of an applicant to fill the
vacancy.
3.3.5.2 The applications shall be given to the Council and be available to the
public at least four days before the opening of the meeting.
3.3.5.3_ Members of the public may submit written comments regarding an
application at any time up to 24 hours before the meeting begins.
3.3.5.4 At the meeting, each applicant and two other persons designated by the
applicant may speak up to three (3) minutes in support of his or her
application; comments not in support of a candidate shall also be limited
to three (3) minutes.
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Council Policies & Procedures Chapter 3: Council Powers & Appointments
3.3.5.5 Thereafter, all discussion shall be confined to the Council except for
questions directed by the Council to staff or to members of the public.
3.3.5.6 Upon the conclusion of such discussion, the Mayor shall open the floor
to nominations by the remaining Council Members. All nominations,
seconding, and voting, shall be done audibly in public.
3.3.5.7 If no person is appointed, the Council may adjourn the meeting from
time to time to attempt to reach a decision at any time within 30 days of
the occurrence of the vacancy. (Res. 4423)
3.4 GENERAL POWERS OF THE COUNCIL
Subject to the provisions and restrictions contained in this Charter and the delegation of
power, if any, to any person, officer, Board, or Commission, the Council shall have the
power in the name of the City, to do and perform all acts and things appropriate to a
municipal corporation and the general welfare of its inhabitants and which are not
specifically forbidden by the Constitution and laws of the State of California, or which now
or hereafter it would be competent for this Charter to specifically enumerate.
No enumeration or specific statement herein of any particular powers shall be held to be
exclusive of, or a limitation of, the foregoing general grant of powers. (Charter Section 501.)
3.5 ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and affirmations in
any investigation or proceeding pending before the Council. The Council shall have the
power and authority to compel the attendance of witnesses, to examine them under oath and
compel the production of evidence before it. Subpoenas may be issued in the name of the
City and be attested by the City Clerk. Disobedience of such subpoena or the refusal to
testify (upon other than constitutional grounds), shall be deemed contempt and shall be
punishable as provided by the general laws of the State. (Charter 5 507.)
3.6 LIMITATIONS (Prior CP&P § 1.16.020)
No member of the Council shall be appointed to or serve as a voting member of any City
Board, Committee, or Authority, whether composed of citizen volunteers, City employees,
or a combination of both. This is not to be construed as prohibiting members of the
Council from serving on Committees or Subcommittees of the Council itself, or of agencies
representing other levels of government. (Charter S 508.)
3.7 METHOD OF ACTION BY COUNCIL (Prior CP &P 5 1.16.020)
All action by the Council shall be taken only by means of ordinance, resolution, or oral
motion duly, made and passed.
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Council Policies & Procedures Chapter 3• Council Powers & Appointments
Ordinances shall become a part of the Municipal Code and so remain until amended or
voided. All municipal laws relating to. taxation or to possible criminal action against an
offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the office of the City Clerk.
Oral motions shall be recorded only in the minutes of any regular or special meeting of the
Council. (Charter S 601.)
3.8 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with the Charter and
relevant state law. Ordinances not legally required to have a public hearing shall be set for
a public hearing if the subject matter is controversial or of a special nature. Any Council
Member, prior to the time. required for notice and publication, may request the C.A.O. to
set a public hearing on an ordinance. (Prior Res. 6505)
No ordinance, resolution or motion shall be passed or become effective without receiving
the affirmative vote of at least three members of the Council.. (Charter S 506)
39 ACCEPTANCE OF GRANTS OR DEEDS (Prior CP &P 5 1.04.070)
That both the Mayor and Vice -Mayor of the City of San Luis Obispo are hereby authorized
to accept and consent to the recordation of any deed or grant conveying any interest in or
easement upon real property to the City of San Luis Obispo. (Res. 5370)
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Council Policies & Procedures r r.I h
CHAPTER FOUR
THE BROWN ACT
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M. Brown
Act, State Government Code Sections 54950 et seq. The intent of the Act is to ensure that
deliberations and actions .of local public agencies . are conducted in open and public
meetings. The law provides for misdemeanor penalties for members of a body who violate
the Act (GC S 54959). In addition, violations are subject to civil action (GC S 54960). A
current copy of the Act will be provided to all Council Members assuming office, but the
provisions that most directly affect the Council are summarized in this Chapter (as of July,
1993).
4.2 MAJOR PROVISIONS
42.1 Applicability. The Act applies to Council, City staff and all bodies that advise
Council. (GC S 549522)
4.2.2 Meetings. All meetings shall be, open and public.
4.2.2.1 A meeting takes place whenever a quorum (3 or more) members are
present. and information about the business of the body is received;
discussions qualify for a meeting.
42.2.2 Serial meetings take place when any member of Council or City staff
contact more than two Council Members for the purpose of deliberating
or acting upon an item pending before the City Council (does not apply
to the public or media);
4.2.2.3 Correspondence that merely takes a position on an issue is acceptable.
(GC S 54953)
4_.23 Agendas. Agendas for regular meetings must be posted 12 hours in advance
of the meeting and must meet various requirements: (GC S 54954.2)
4.2.4 Actions. No action shall be taken on any item not appearing on the posted
agenda. Exceptions:'
4.2.4.1 An emergency situation exists, (determined by a majority of the
Council.)
lExceptions have been very narrowly interpreted in court decisions.
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Council -Policies &.Procedures _ Chapter 4- The Brown-Act
4.2.4.2 That the need to take action arose subsequent to the agenda being
posted (determined by 2/3 of the Council; or if less that 2/3 are
present, by unanimous vote.),
42.43 The item was continued to another meeting that was scheduled and
posted within 5 days of the original agenda.
(GC S 54954.2)
4.2.5 Public Input. The public has an opportunity to address the Council on any
item of interest to the public that is within the jurisdiction of the Council.
The City has the right to establish time limits on speakers and the total time
allocated for a particular issue. (GC.§ 549543)
42.6 Public Disruptions. A portion or all of the public may be removed if willful
disruption makes conducting the meeting "unfeasible'; the press may remain
unless they participate in the disruption (GC § 54957.9)
4.2.7 Correspondence. All writings distributed for discussion or consideration at a
public meeting are public records. (GC S 54957.5)
4.2.8 Closed Sessions may be held to discuss:
42.8.1 Real Property. The purchase, sale, exchange or lease of real property
with the City's negotiator; the real property and the person(s) with whom
the City may negotiate must be announced in. open session prior to the
closed session. (GC § 54956.8)
4:2.8.2 Litigation pending or a significant exposure to litigation, or the decision
to initiate litigation; the litigation or title must be identified in open
session prior to the closed session unless the Council states that to do so
would jeopardize its ability to conclude existing settlement negotiation or
effectuate service of process. A confidential memorandum from the City
Attorney must be submitted to Council within one week of the closed
session. (GC S 54956.9)
42.83 Compensation (salaries and benefits) of employees; to review its position
and instruct designated representatives. (GC § 54951.6)
4.2.84 Personnel. The appointment, employment, evaluation of performance,
or dismissal, of a. public employee, or to hear complaint against the
employee, unless the employee request a public hearing. (GC § 549576)
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Council Policies.& Procedures Chapter 4: The Brown Act.
43 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council with strict
notification requirements delivered to the media and Council 24 hours before the time of
the meeting. (GC .§ 54956)
4.4 EMERGENCY MEETINGS
Emergency meetings may be called due to the disruption or threatened disruption of public
facilities without notification. Only work stoppages or crippling disasters that impair the
public health and /or safety qualify for emergency meetings. (GC S 549565)
4.5.OTHER PROVISIONS
The Act provides many other restrictions and requirements; this chapter is intended merely
as a Council summary and overview of the Act and nothing in this Chapter supersedes the
provisions of the Brown Act. This section was written in July 1993, and since State law
constantly changes, it is important to ensure you have the latest information. Please check
with the City Attorney and /or the City Clerk for more information.
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Council Policies & Procedures Chapter 5: - Council /Staff Relationships & Conduct
CHAPTER FIVE
COUNCIL /STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
This chapter addresses the relationship and conduct between Council Members and staff
with the intent of the Council to:
5.1.1 Maintain control and direction of the City by the Council as a whole (Prior
Res. 5369)
5.1.2 Insure Council members free access to and flow of any information relative
to the running of the City and to insure that such information is
communicated by staff in full and with candor to those requesting it; (Prior
Res. 5369)
5.13 Avoid intrusion by individual Council Members into those areas which should
be the responsibility of staff and to prohibit intervention by individual Council
Members in staff decision - making, the making of staff recommendations,
scheduling of work, and executing department priorities without the prior
knowledge and approval of the City Council as a whole; (Prior Res. 5369)
5.1.4 Protect staff from undue influence and pressure from individual Council
Members, and to allow staff to execute priorities given by management and
the Council as a whole without fear of reprisal.. (Prior Res. 5369)
5.2 COUNCIL AND COUNCIL MEMBERS
5.2.1 The full City Council retains full power to accept, reject, amend, influence, or
otherwise guide and direct staff actions, decisions, recommendations, work
loads and schedules, departmental priorities, and the conduct of City business.
(Prior Res. 5369)
5.2.2 Individual members of the Council shall make no attempt to pressure or
influence staff decisions, recommendations, workloads, and schedules, and
departmental priorities 'without the prior knowledge and approval of the
Council as a whole. (Prior Res. 5369)
5.2.3 If a Council Member wishes to influence the actions; decisions,
recommendations, workloads, work schedules, and priorities of staff:, that
member must prevail upon the Council to do so as a matter of Council policy.
(Prior Res. 5369)
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Council Policies & Procedures Chapter 5• Council /Staff Relationships &- Conduct
52.4 Individual Council Members as well as the Council as a whole shall be
permitted complete freedom of access to any information requested of staff
and shall receive the full cooperation and candor of staff in being provided
with any requested information. (Prior Res. 5369)
5.3 STAFF
53.1 The Council recognizes the primary functions of staff as executing Council
policy and actions taken by the Council and in keeping the Council informed.
(Prior Res. 5369)
5.3.2 Staff is obligated to take guidance and direction only from the Council as a
whole or from the appropriate management superiors as may be the case.
Staff is directed to reject any attempts by individual members of the Council
to unduly influence or otherwise pressure them into making, changing or
otherwise suppressing staff decisions or recommendations, or changing
departmental work schedules and priorities. Staff shall report such attempts
to influence them in confidence to the City Administrative Officer who may
inform the Council as a whole of such attempts. (Prior Res. 5369)
5.3.3 City staff will make every effort to respond in a timely and professional
manner to all requests made by individual Council Members for information
or assistance, provided. that in the judgment of the City .Administrative
Officer the request is not of a magnitude, either in terms of workload or
policy, which would require that it more appropriately be assigned to staff
through the collective direction of the City Council. In terms of making this
judgment, the following guidelines. should be considered- The request should
be specific and limited in scope so that staff can respond without altering
other priorities and with only minimal delay to other assignments; the request
should only impose a "one time" work requirement, as opposed to an on -going
work requirement; the response to the request should not require a significant
allocation of staff resources (generally defined as consisting of more than one
staff person, or a single staff person working on the issue in excess of 1 -2
hours).
53.4 An exception to the above guidelines may be staff work required in support
of a Council Member designated by the City Council to represent the City in
an intergovernmental role (e.g., membership on Joint Powers Authority); or
relative to a special assignment (e.g., a special task force).
5.35 In cases where a staff response to an individual Council Member request
involves written material which may be of interest to other Council Members,
the CAO will provide copies of the material to all other Council Members.
In making this judgment, the CAO will consider whether the information is
significant or new or otherwise not available to the Council or of interest to
the Council. .
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Council Policies & Procedures _ _Chapter 5:. Council /Staff Relationships & Conduct
53.6 Any information, service- related needs, or policy positions perceived as
necessary by individual Council Members which cannot be fulfilled per the
above guidelines should be raised by the individual Council Member under
the "Communications" category of a regularly scheduled City Council meeting.
If so directed by the collective action of the Council, then staff will proceed
to complete the work within Council established deadlines.
5.4 E-MAIL AND REMOTE ACCESS TO COMPUTERS
A pilot program to provide remote access for Council Members who own an IBM -
compatible computer will be implemented in August, 1993. Council Members will utilize
their own home computers for access; the minimum configuration supported includes 640K
RAM and DOS 3.1.. Only one dial -in session can be accommodated at a time, therefore
instant access to the LAN may not be available when another Council Member is utilizing
the service. (Motion adopted 7/20/93)
5.4.1 COUNCIL REMOTE ACCESS
5.4.1.1 The City will provide an external 9,600 baud modem and software; this
must be returned to the Office of the City Clerk at the end of a Council
Member's term. (Motion adopted 7 /20/93)
5.4.1.2 Council Members (and staff) will abide by the Brown Act and all Council
Policies and Procedures as well as adopted remote access policies as
listed in Management Information Systems Policies and Procedures.
(Motion adopted 7/20/93)
5.4.1.3 Training on City applications and remote access to the City Hall network
will be provided by the City Clerk's office. (Motion adopted 7/20/93)
5.4.2 REMOTE ACCESS POLICY
Modem use to and from the City's computer systems should occur under
guidelines in the Management Information Systems policies and procedures.
Please refer to this policy for complete information. -
5.4.2.4 SECURITY
5.4.2.4.1 The City utilizes "dial - back ".communications software to ensure only
authorized numbers have access to City computer systems.
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Council Policies &. Procedures Chapter 5: Council %Staff Relationships &_Conduct
5.4.2.4.2 Passwords. The City standard login name is first initial and last
name up to eight characters. Passwords are a confidential sequence
of letters and numbers. Because passwords are the key to system
security, it is essential that they are not disclosed or utilized by other
persons. All passwords will be assigned by the System Administrator
and changed every six months. Disclosure of passwords (or the use
of an unauthorized one) may result in terminating access (remote or
local) to the City's LANs, and depending on the severity of the
outcome.of the disclosure, may result in disciplinary action, including
termination.
5.425 SUPPORT RESPONSIBILITIES
5.4.2.5.1 Information Systems will provide initial installaton of
external modems and .communications software.
5.4:25.2 The Office of the City Clerk will provide training on
standard City application software (some applications may
run very slow in the remote access environment). Printing
to the network printer in City Hall is available; home
printing is not supported by the City.
5:416 COUNCIL MEMBER RESPONSIBILITIES
Council Members who own a computer may dial -in to the City's local
area network. The minimum computer must be an IBM PC or
compatible with 640K RAM and DOS 3.1. Any other costs associated
with installing remote access as well as the on- going maintenance,
repairs, and upgrades of the remote computers are the responsibility of
the individual Council Member. At the end of employment with the City
(or termination of remote access privileges), the communication software
and ekternal modem must be returned to the City Clerk's Department.
Each remote user will have. the same level of access of programs and
files as they would while on site.
(Adopted by motion, 7/20/93)
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Council Policies & Procedures - Chapter 6: Advisory Body Procedures
CHAPTER SIX
ADVISORY BODY PROCEDURES
6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS
The Council Liaisons:
6.1.1 Facilitate communication between the Council and Advisory Body.
6.1.2 Increase the Council's familiarity with the membership, programs and issues
of the advisory body;
6.1.3 Interview applicants and make recommendations for appointments to the full
Council; and
6.1.4' From time to time, attend commission meetings for observation purposes only.
(ABH 9 II,C)
6.2 OTHER COUNCIL SUBCOMMITTEES
Council may establish subcommittees of no more than two members to address areas of
concern and /or study.
62.1 Legislative Action Subcommittee.
This subcommittee monitors and prepares responses to Federal and State
Legislative Activities 'in accordance with the adopted Legislative Action
Process. Summarized, the process entails receiving copies of League
communications, identifying key issues with official League positions and, as
specified in Exhibit A of the policy, drafting responses. The draft is typed by
the Council Secretary, reviewed by the CAO, signed by the Mayor, and
subsequently distributed to appropriate legislators and the Council. Where
a Council position is unclear, a position will not be taken unless there is time
to bring the matter to the Council for determination. Citylink services (on-
line computer legislative information) are provided to the subcommittee to
allow them access to timely and complete information regarding legislative
issues. Subcommittee members should ensure they have received a copy of
the current Legislative Action Process from the Office of the City Clerk.
(Adopted by motion, 8/3/93).
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Council Policies & Procedures - Chapter 6: Advisory Body Procedures
63 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS
63.1 Intent. To honor advisory body deliberations, views and positions on issues
before Council; enhance communications between Council and their advisory
bodies; and allow participation and input. by advisory body members. (Memo
from City Clerk, 6/29/93)
63.2 Council Agenda Reports
6.3.2.1 Recommendation Differences. For those rare occasions when the CAO's
recommendation differs from an Advisory Body recommendation, the
difference should be clearly noted in a separate paragraph following the
CAO recommendation. The Discussion section contains information
relating to the advisory body recommendation. (Memo from City Clerk,
6/29/93)
6.3.2.2 The minutes of the advisory body item is included as an attachment to
the Agenda Report. (Memo from City Clerk, 6/29/93)
6.33 Council Meetings
633.1 On appeals or items brought by the Advisory Body, the Chair (or Vice
Chair, when the Chair is not available) may be seated next to the
department head. The department head makes the introduction, then the
Chair of the Advisory Body makes a brief presentation, representing the
position of the advisory body. (Memo from City Clerk, 6/29/93)
6332 Other members of the Advisory Body are free to appear and give
testimony before Council using the public microphone, after identifying
whether they are speaking as a representative of the advisory body or
not. (ABH S III,B,g)
6.3.4 Recommendations
Recommendations or Reports to Council must be in written form (ABH S
III;B,b).
6.4 ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available but advisory bodies do not
have supervisory authority over city employees. While they may work closely with advisory
bodies, staff members remain responsible to their immediate supervisors and ultimately to
the CAO and Council. The members are responsible for the functions of the advisory body
and the chairperson is responsible for committee compliance with the policies outlined in
the Advisory Body Handbook. (ABH S II,D)
page 27
C O
Council Policies & Procedures Chapter 6: Advisory Body Procedures
Staff support includes preparation of a summary agenda after approval by the Chairperson,
and preparation of agenda reports providing a brief background of the issue, a list of
alternatives, recommendations, and appropriate backup material, if necessary. Advisory
body members should have sufficient information to reach decisions based upon a clear
explanation of the issues. Assigned staff person serves as Secretary taking minutes as
needed. (ABH S II,D)
It is important that advisory bodies wishing to communicate recommendations to the City
Council do so through adopted or approved Council agenda procedures. Staff members
shall assist the advising body chair to insure appropriate legal review or city and state
legislation is complied with. (ABH S II,D)
6.5 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to appointment
of volunteer citizens to the various advisory bodies of the City.
6.53 PURPOSE
The establishment of these procedures shall insure that well- qualified, responsible
and willing citizens are given the opportunity to serve the City and participate in
the governing of their community. These procedures will apply to all appointments
and reappointments to standing.Advisory Bodies. (Prior CP &P 5 2.40.010)
6.5.2 COUNCIL SUBCOMMITTEE LIAISONS
Subcommittee liaisons to advisory bodies are selected annually by the full Council,
usually in December. The Mayor and Vice Mayor shall submit recommendations
to the full Council, rotating nominations for Council Member Subcommittees,
thereby ensuring an opportunity for each member to serve as liaison at least once
on each Advisory Body, when possible. When terms of office do not allow each
member to serve once, members with greatest seniority shall have first right of
selection. (ABH S III,C,6)
6.6 PROCESS
6.6.1 QUALIFICATIONS
6.6.1.1 Applicant must be a. resident and registered voter of the City at the time
and during the entire term of appointment unless excepted by State law
or, special circumstances such as deed restrictions. (ABH. S IIl,C)
6.6.1.2 Applicant must be at least 18 years of age at the time of appointment.
(ABH 5 III .,C)
page U
0 •
Council Policies & Procedures Chapter 6: Advisory Body Procedures
6.6.2 TERMS
6.6:2.1 Shall be four years and shall commence on April 1. (ABH S IILD) and
staggered so that approximately half of the membership will be new
appointments or reappointments every two .years. (Prior CP &P S
2.40.010)_
6.6.2.2 No appointee shall serve on the same advisory body for more than two
consecutive, full terms (8 years), but may subsequently serve on another
advisory body unless noted otherwise. Some exceptions include: The
Housing Authority, Jack House Committee and Tree Committee. (ABH
§ III,D)
6.6.2.3 After a one -year interval, persons may reapply to serve on the same
Advisory Body.
6.6.2.4 Mid -term appointment to a vacant seat shall not preclude the appointee
from serving two additional consecutive full terms, provided that the
initial, partial term served is less than one year. (ABH S III,D)
6.6.26 Other Advisory Bodies. As a. general policy, an applicant shall not be
appointed to serve on more than one advisory body except that a
member may also serve on one technical or. special - purpose committee
at the same time. If app_ ointed to another committee, he /she will be
expected to resign from one body upon being appointed to another.
(ABH s III,C,5)
6.63 PROCESS
6.6.3.1 Applications are obtained and filed with the Office of the City Clerk.
(ABH S III,C,1)
6.6:3:2 In February of each year, the City Clerk shall advise th e City Council of
the terms which are due to expire on each advisory body. The City Clerk
shall also notify each advisory member whose term is due to expire.
Each of these members shall be given the opportunity to apply for
reappointment unless the member has then served a total of eight (8)
years on that Advisory Body. (Prior CP &P S 2.40.010)
6.633 The Council Liaison Subcommittee reviews the current applications and
determines the recruitment process, including whether to advertise or
not. (ABH § III;C,3) If the cone ittee is a technical or special purpose
committee (Board of Appeals, Jack House Committee, Joint
Recreational Use of School District Property Committee, Mass
Transportation Committee, or Tree Committee), the City staff
page 29
c� o
representative and Chair are invited to participate in determining the
recruitment process. (Motion adopted 7/20/93; Prior Res. 6506)
6.63.4 The City Clerk shall then place an ad in the local newspaper, inviting
citizens to apply for consideration as an appointment to an advisory body,
with instructions regarding the application process. (Prior CP &P
2.40.010)
6.6.3.5. The applicant reads the Advisory Body Handbook and attends at least
one meeting prior to. the interview with the Council Liaison
Subcommittee. (ABH S III,C,2)
6.63.6 The subcommittee 'shall interview qualified applicants, inviting the
Advisory Body Chair to attend (if the Chair is being considered for
reappointment, the Council -Liaison Subcommittee shall /designate
another representative.) (ABH S III,C,3) If the vacancy is for a technical
or special - purpose committee (Board of Appeals, Jack House Committee,
Joint Recreational Use of School District Property Committee, Mass
Transportation Committee, or Tree Committee), the City staff
representative will be invited. (Motion adopted 7/20/93)
6.6.3:7 The Council Liaison Subcommittee shall submit recommendations for
appointment to the entire Council. If a unanimous decision for
recommendation to the full Council cannot be reached, the Council shall
take a separate motion for each candidate proposed by each member of
the Council Liaison Subcommittee.. (ABH S III,C,3)
6.6.3.8 Applicants not appointed will be advised and their applications held .for
consideration in the event of a future vacancy for no less than one year.
(ABH S III,C,4)
6.63.8 The subcommittee may prepare a list of all qualified candidates that they
interview. Such list shall be filed with the City Clerk and may be used
as a basis for appointments to fill vacancies which may occur during the
year. Council appointment of a particular term isrequired. (Prior CP &P
§ 2.40.010)
page 30
Council Policies & Procedures Chapter 6: Advisory Body Procedures
MAJOR POLICIES ANID PLANS REFERRAL LIST
*Affirmative Action Plan *Management
*Budget
*Advisory Body Handbook •Accounting.
*Administrative
*Annual Water Operational Plan
*Bicycle Plan
*City Code of Ethics
.City Council Policies and Procedures
Manual
*City Service Restrictions
*Above 400 Foot Elevation
*Outside City Limits
*Comprehensive Financial Management
Plan: 1989 -2000
*Disaster Plans
*Earthquake
*Nuclear
*Hazardous Materials
*Flood
• Wildland Fire
*Emergency Broadcast Sys.
*Downtown Plan
*Drug Free Work Policy
eEmployer /Employee Relations
Resolution
*Facilities Master Plan: 1988 -2010
*Financial Management Manual
*Purchasing
*Travel
*Fixed Assets and Inventory
*Financial Plan and Budget (Biannual)
*Finance Management Manual
*Flood Management Policy
*General Plan and Elements
eCirculation Element
.Energy Conservation Element
*Housing Element
*Land.Use Element
*Noise Element
*Open Space Element
sparks & Recreation Element_
•Safety Element
e Scenic Highways Element
*Seismic Safety Element.
*Water _& Wastewater Management
Element
.Conceptual Plan for the City's Center
*Goals for Downtown
*Hillside Planning Program
*Historical Preservation Program
Guidelines
eInvestment Management Plan
*Laguna Lake Management. Program
*Long Term_Use of City Land Property by
Non -Profit Organizations
*Mandatory Water Conservation Policy
page 31
Council Policies & Procedures - Chapter 6: Advisory -Body- Procedures
.Memoranda of Understanding/
Employee Groups .
.Mission Plaza Reserve Policy Statement
*Municipal Code
oParking Management Plan
.Pavement. Management Plan
*Personnel Rules and Regulations
*Policy on Retention of City Land
*Property Management Manual
*Public Art Policy .
*Risk Management Manual
*Safety/Loss Control Manual
*Sexual Harassment Avoidance Policy
*Storm Drainage Maintenance Policy
.Street Lighting Standards Policy
*Tree Maintenance Policy
*Underground Utilities Plan
*Wastewater Management Plan
*Water Management Plan
page 32
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CHAPTEI
3.1
3.2
3.3
3.4
3.5
THREE COUNCIL POWERS & APPOINTMENTS
MAYOR - POWER AND DUTIES
APPOINTMENT OF VICE-MAYOR
FILLING COUNCIL VACANCIES
GENERAL POWERS OF THE COUNCIL
ADMINISTERING OATHS: SUBPOENAS
3.6. LIMITATIONS
3.7 METHOD OF ACTION BY COUNCIL
3.8 ORDINANCES
3.9 ACCEPTANCE, OF GRANTS OR DEEDS
CHAPTER FOUR THEZROWN ACT
4.1 APPLICABILITY AND PENALTIES
4.2 MAJOR PROVISIONS
43 SPECIAL MEETINGS
4.4 EMERGENCY MEETINGS
45 OTHER PROVISIONS -
.2.4 CITY-BUSINESS
AND MILEAGE
2.4.1
CITY BUSINESS
14.2
MILEAGE
2-5 GENERAL PROCEDURES AND LIMITATIONS
25.1
ACCOUNTING
2.5.2
REIMBURSEMENTLIMITAT ION
23.3
SPECIAL EXPENSES
2.5A
HONORARIUM
21.5.5
OTHER GUIDELINES
2.6 COUNCIL COMPENSATION COMMITTEE
2.6.1
_MEMBtk_9ffIP_
2-6.2
REVIEW RESPONSIBILITY
CHAPTEI
3.1
3.2
3.3
3.4
3.5
THREE COUNCIL POWERS & APPOINTMENTS
MAYOR - POWER AND DUTIES
APPOINTMENT OF VICE-MAYOR
FILLING COUNCIL VACANCIES
GENERAL POWERS OF THE COUNCIL
ADMINISTERING OATHS: SUBPOENAS
3.6. LIMITATIONS
3.7 METHOD OF ACTION BY COUNCIL
3.8 ORDINANCES
3.9 ACCEPTANCE, OF GRANTS OR DEEDS
CHAPTER FOUR THEZROWN ACT
4.1 APPLICABILITY AND PENALTIES
4.2 MAJOR PROVISIONS
43 SPECIAL MEETINGS
4.4 EMERGENCY MEETINGS
45 OTHER PROVISIONS -
v 1
RESOLUTION NO. 8251 (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 10 vehicles, 7 copiers, and 2 printers
are surplus property.
SECTION 2. Disposal of the property shall be made 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 Romero
by Council Member Rappa , and on the following roll call vote:
AYES: Council Members Romero, Rappa, and Roalman
NOES: Council Member Settle.and Mayor Pinard
ABSENT: None
the foregoing Resolution was passed and adopted the 14th day of
f2j-
May or i
P/di Phiard
ATTEST:
71Q g Kg�'
D An ladwell, City ?#k
APPROVED AS TO FORM:
A., � �MIAE
i� -P.
/
December
,seconded
1993.
R -8251
011
EXHIBIT A
1989 Chevrolet Caprice 090019 1 G1 BL5174KR206079 $4,000
1989 Chevrolet Caprice 090013 1 G1 BL5176KR205113 $4,000
Year
Year
Make
Model
License #
Vehicle I.D. # Estimated Value
1983
GMC
4x4 Utility
447348
1 GTGK24M5EJ507138
$2,300
1981
GMC
Dump/Hoist
756539
1 GDHC3.4M5BZ507754
$2,000
1985
Ford
LTD Wagon
464982
2FABP44F9FX208226
$1,000
1986
Mercury
. Sable
931002
1 MEBP87U5GA622267
$2,800
1986
Oldsmobile
Delta 88
079621
1 G3HN69L9G1 842781
$2,000
1985
Ford
Tempo
464973
1 FABP22RXEK238189
$1,500
1985
Plymouth
Reliant S/W
464990
1 P3B,P49G8FF290215
$800
1979
Dodge
Pickup
725745
W24JP9S202388
$1,800
1989 Chevrolet Caprice 090019 1 G1 BL5174KR206079 $4,000
1989 Chevrolet Caprice 090013 1 G1 BL5176KR205113 $4,000
TOTAL $26,325
Year
Make
Model
Serial #
Estimated Value
1986
Canon
115
CAP02939
$100
1986
Canon
155
JH04-8906
$150
1985
Canon
210
S0164073
$125
1982
Canon
40OF
L0116065
$125
1989
Canon
1010
CSDO8558
$175
1987
Canon
2015
CEJ00647
$125
1991
Minolta
5400
3122896
$2,500
Year
Make
Model
Serial #
Estimated Value
1985
IBM
5224
91-73786
$425
1985
IBM
5225
91-55861
$400
TOTAL $26,325
�kC�2)
RESOLUTION NO. 8250 (1993 SERIES) .
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING GOLF COURSE 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 the Golf Course Fund operating and
capital 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. 6495 (1988 series) is hereby rescinded.
SECTION 2. The following green fees shall be as follows:
January 1, 1994 July 1, 1994
Senior Weekday Fee $3.75 $4.00
Non - senior Weekday Fee .$5.75 $6.00
Weekend /Holiday Fee $6.50 $6.75
SECTION 3. The fees for the driving range, wholesale goods and lessons shall
be set by the Recreation & Parks Director and Golf Course Supervisor.
R -8250
PLI
On motion of Council Member Roalman , seconded by
Council Member Romero , and on the following roll call vote:
AYES: Council Members Roalman, Romero, Rappa, and Mayor Pinard
NOES: Council Member Settle
ABSENT: None
The foregoing Resolution was adopted on this 7th day of December. 1993.
Mayor Pd Pinard
ATTEST:
i Clerk Di ne Glad eil
APPROVED AST FORM:
CL
i ttopKey, ff rgenson
RESOLUTION NO. 8249 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AMENDMENT TO THE GENERAL PLAN MAP, FROM
MEDIUM- HIGH - DENSITY RESIDENTIAL
TO RETAIL COMMERCIAL, FOR PART OF
A ONE -THIRD -ACRE SITE AT 1015 NIPOMO STREET
(GP 41 -93)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1.' Findings. That this council., after consideration of public testimony,
the general plan amendment request GP 41 -93, the Cultural Heritage Committee's, Architectural
Review Commission's and Planning Commission's recommendations, staff recommendations and
reports thereon, makes the following findings:
The proposed map amendment will not adversely affect the health, safety and welfare of
persons living or working at the site or in the vicinity, as as evidenced in the negative
declaration with mitigation granted July 29, 1993.
2. The proposed map amendment conforms to the general plan .
3. An initial study of environmental impacts was prepared by the Community Development
Department on July 29, 1993, that describes significant environmental impacts associated
with project development. The Community Development Director has reviewed the
environmental initial study and granted a Negative Declaration of environmental impact;
with mitigation. The initial study concludes that the project will not have a significant
adverse impact on the environment, subject to the mitigation measures, listed below, being
incorporated into the project, and the City Council hereby adopts the Negative Declaration
and finds that it reflects the independent judgement of the City Council.
SECTION 2. Approval. The general plan amendment GP 41 -93 is hereby approved
On motion of Council Member Rappa seconded by Council Mbr. Romeroand
on _ the following roll call vote:
R -8249
Resolution no. 8249 (1993 Series)
GP 41 -93
1015 Nipomo Street
Page 2
AYES: Council Members Rappa, Romero, Roalman, Settle, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 7th day of December 1993.
Mayor aeg 2inard
ATTEST:
Ciy 1 rk Dia a R. dwell
APPROVED:
L �/
IINIA
A
G,
RESOLUTION NO. 8248 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE GENERAL PLAN LAND USE ELEMENT (LUE) MAP FROM
MEDIUM - DENSITY RESIDENTIAL TO OFFICE FOR PROPERTIES LOCATED
AT 1250 IRIS STREET AND 1615 FAIRVIEW STREET
WHEREAS, the Planning Commission and the City Council have held public
hearings on these amendments in accordance with the California Government Code; and
WHEREAS, the amendments come to the council upon the favorable
recommendation of the Planning Commission; and
WHEREAS, the potential environmental impacts of the changes have been evaluated
in accordance with the California Environmental Quality Act and the City's Environmental
Guidelines.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Environmental Determination. The City Council adopted the initial
study of environmental impact (ER 109 -93), incorporating the mitigation measures shown
on the attached Exhibit A into the project.
SECTION 2. Findings. That this Council, after consideration of the amendments
and staffs analysis, the Planning Commission's recommendation, public testimony, and
reports thereof, makes the following findings:
1250 Iris Street.
1. The proposed general plan amendment for the property at 1250 Iris Street
will not be detrimental to the health, safety or welfare of persons residing or
working in the vicinity because the site is naturally separated and buffered
from the rest of the neighborhood by the creek area and the vegetation along
it.
R -8248
City Council Resolution No. 8248(1993 Series)
GP /R 109 -93
Page 2
2. The proposed general plan amendment for the property at 1250 his Street is
consistent with the goals and policies of the General Plan, given the limitation
on access from the site to Iris Street will prevent traffic impacts to the
adjacent neighborhood, and the loss in residential development potential is
insignificant when considered from a citywide perspective.
3. The proposed development of the site at 1250 his Street as parking is
appropriate since it is physically integrated with other hospital facilities and
will be compatible with surrounding land uses with the proposed landscaped
treatment of the street frontage..
1615 Fairview Street
4. The proposed general plan amendment is consistent with the goals and
policies of the General Plan because commercial traffic introduced into the
Breck /Fairview Street residential neighborhood will be insignificant. This
determination can be made because of the project's proposed internal
connection from Fairview / Breck Street to the signalized intersection of
Johnson Avenue and Limie Street. Most vehicles will find that the signalized
intersection at Johnson Avenue and Lizzie Street will be more direct and
easier to access than the intersection of Johnson Avenue and Breck Street.
Therefore, access to the site can be viewed as being from an arterial street,
rather than a residential street.
5. The proposed development of the site with a hospital - related use is
appropriate since the proposed driveway connection from the developed
portion of the property to this site will physically integrate it with other
hospital facilities and it will be compatible with surrounding land uses.
Both Sites
6. The proposed "S ", Special Consideration Overlay Zoning, will address the
unique concerns with development of these sites which are:
■ Types and sizes of medical - related uses established at the site are
consistent with general plan policies and are logically related to the
hospital master plan;
■ City noise standards are satisfied;
■ Traffic impacts are mitigated and safe on -site circulation, as well as
safe access to the site are provided; and
C
City Council Resolution No. 8248(1993 series)
GP /R 109 -93
Page 3
® Open space is preserved.
7. A Mitigated Negative Declaration was prepared by the Community
Development Department on October 28, 1993, which describes significant
environmental impacts associated with project development. The Negative
Declaration concludes that the project will not have a significant adverse
impact on the environment subject to the mitigation measures shown in the
attached Exhibit A being incorporated into the project, and the City Council
hereby adopts said Negative Declaration and finds that it reflects the
independent judgement of the City Council.
SECTION 3. Adoption.
1. The Land Use Element is hereby amended as shown in Exhibit B.
2. The Community Development Director shall cause the change to be reflected
in documents which are on display in City Hall and which are available for
public use.
On motion of Council Member Rappa seconded by Council Member Romero,
and on the following roll call vote:
AYES: Council Members Rappa, Romero, Roalman, and Settle
NOES: Mayor Pinard
ABSENT: None
the foregoing resolution was passed and adopted this 7th day of December 1993.
Mayor
ATTEST:
Ci Clerk
City Council Resolution No.8248(1993 Series)
GP/R 109 -93
Page 4
APPROVED:
k b WW-- � ? FONAMMOKMIA ROOM' 1/7"o
� P/
C�
ER 109 -93
Page 17
C EXHIBIT A
ENVIRONMENTAL REVIEWER 109 -93
SUMMARY OF MITIGATION MEASURES
& MONITORING PROGRAM
In conformance with AB 3180, the following mitigation measures will be monitored as
indicated below:
1. Vehicular access, other than for emergency vehicles, to the portion of the project
site currently addressed as 1250 Iris Street, shall be prohibited.
Monitories:
The restriction on access shall become a condition of the use permit approving
the master plan.
2. Consistency with Professional Office Policy C3.b.(6) could be achieved by:
a. Denying the request to rezone the property at 1615 Fairview Street from R-
2-S to O -S and eliminating the need for the street connection from the
site to Fairview Street; or
b. Reducing commercial traffic on residential streets to insignificant levels by
adopting mitigation measures to restrict traffic.
3. The Planning Commission and City Council must determine that the proposal is
consistent with LUE policy by finding that:
a. Access to the site is from an arterial street, rather than a local residential
street, given the project's proposed internal connection from
Fairview/Breck Street to the signalized intersection at Johnson Avenue
and Lizzie Street. This would include the determination that commercial
trafTc on Breck Street will be insignificant because most vehicles will find
that the signalized intersection is more direct and easier to access.
b. Proposed mitigation measures restricting traffic on Breck Street outlined
in Mitigation Measures 8 and 9 will reduce traffic impacts to a level of
insignificance.
CI O
ER 109 -93
Page 18
Monitoring:
The Planning Commission and City Council will need to weigh the pros and cons
of the proposed driveway access through the site from Johnson Avenue to
Fairview /Breck Street in terms of general plan policy and adopt appropriate
mitigation measures and conditions to assure consistency.
4. The applicant shall mark Ella Street for through -left and right lanes at Johnson
Avenue.
5. The applicant shall deposit a letter of credit with the City for the cost of the
installation of a traffic signal at the intersection of Johnson Avenue and Ella
Street. The letter of credit shall be held for a period of up to five years from
complete campus build -out. The applicant shall provide annual reports to the
City Engineer, prepared by a Civil Engineer or Traffic Engineer, during the time
that the letter of credit is held, evaluating the need for installation of a traffic
signal at the intersection of Johnson. Avenue and Ella Street. The traffic signal
shall be designed to include an emergency vehicle preemption (Opticom) and
interconnect with the intersection at Johnson Avenue and Lizzie Street. The City
will establish an agreement with the applicant for reimbursement for the cost of
the signal installation, based on contributing developments in the area over the
next 15 years, in accordance with SLO Municipal. Code Section 16.44.090.
6.
The applicant shall install an emergency vehicle preemption (Opticom) at the
intersection of Johnson Avenue and Lizzie Streets.
Monitorine:
The City Engineer shall confirm that all traffic mitigations have been successfully
fulfilled and /or completed prior to building occupancy for Phase I. development
(Building E):
7. The applicant shall submit a plan for the review and approval of the Fire
Marshal indicating how minimum access requirements for emergency vehicles will
be met without compromising other requirements for parking and landscaping.
Monitori ng:.
The Fire Marshal, by reviewing project plans during architectural review and
building permit plan check, will confirm that access complies with City standards.
8. With review of a future use permit for development of the site at 1615 Fairview
Street, the Planning Commission shall restrict office uses to those related to the
ER 109 -93
Page 19
hospital where nunimal public access is required thereby decreasing traffic
impacts.
Monitoring;.,
With the proposed O-S zoning of the site, a Planning Commission use permit
would be processed prior to any uses being established at the site. If the rezoning
is supported, then this mitigation measure would also become a condition of
master plan approval.
9. With development of the site at 1615 Fairview Street, street access shall be
addressed to the satisfaction of the City Engineer.
Monitori ng
Specific measures to limit access from Johnson Avenue to Breck Street would
become part of use permit conditions for the development of the property at 1615
Fairview Street.
10. The applicant shall submit precise plans and calculations for how individual
buildings will be severed to the approval of the Public Works and Utilities
Directors. Improvements to the capacity of existing sewer mains may be needed.
Monitori ng_
Each new building. proposed on the master plan will require processing of a
Planning Commission use permit and architectural review. The Public Works and
Utilities Directors will review plans submitted with applications for these
entitlements and establish specific requirements for sewer service.
IL Consistent with Municipal Code Section 15.44.270, all graded surfaces shall be
wetted, protected or contained in such a manner as to prevent dust or spill upon
.any adjoining property or street. The following measures shall constitute the
project's dust management plan and shall remain in effect during all phases of
that project's construction:
a. Regular wetting of roads and graded areas (at least twice daily with
complete coverage of all active areas);
b. Increasing frequency of watering whenever winds exceed 15 mph;
C. Cessation of grading activities during periods of winds over 25 mph;
ER 109 -93
Page 20
d. Direct application of water on material being excavated and /or
transported on -site or off -site;
e. Watering material stockpiles;
f. Periodic washdowns, or mechanical streetsweeping, of streets in the vicinity
of the construction site; and
g. Non - potable water is to be used in all construction and dust control work.
h. Scheduling of construction truck trips during non -peak hours to reduce
peak hour emissions.
Monitoring_
Grading practices shall be monitored by the Community Development
Department staff through field inspections during project construction.
12. The applicant shall update the approved parking management plan to provide a
trip reduction program that contains a comprehensive list of actions to reduce
auto use to the Community Development Director for review and approval. The
plan shall include the following additional measures:
a. Provide lockable bicycle storage for the office portions of the proposed
medical facilities consistent with the office standards specified in the
Bicycle Transportation Plan (June 1993).
b. Include showers and lockers in the project to encourage employees to ride
bicycles or walk to work.
C. Provide preferential parking places (closer to building entries) for
employees who carpool.
d. Expand incentive program to include employees who bicycle or walk to
work.
Monitorin ..
City Community Development Department, or Public Works Traffic Division, staff
would monitor the trip reduction program annually until the County APCD sets
up an independent monitoring program.
ER 109 -93
Page 21
13. Protective fencing shall be installed prior to, and maintained in place until
conclusion o1, grading and development of parking lot areas to prevent excess soil
from sloughing off into sensitive creek and ravine environments on the site.
Monitoring
Grading practices shall be monitored by the Community Development
Department staff through field inspections during project construction.
14. To insure maintenance of the mature trees on the site, the heavily wooded
portions not to be used for parking and /or building pads should be maintained
as permanent open space easements.
Monitoring:
The requirement for the open space easements shall become a condition of
master plan approval.
15. Parking lot lighting shall be designed to be directed downward and not cast glare
onto adjacent properties. The specific design of lighting shall be to the approval
of the Architectural Review Commission. The ARC shall carefully review the
height and type of lighting fixtures.
Monitoring;.
The ARC shall review specific proposals for parking lot lighting as part of specific
plans for each proposed building and associated parldng.
16. If the Community Development Director determines that the above mitigation
measures are ineffective or physically infeasible, he may add, delete or modify the
mitigation to meet the intent of the original measures..
C
ER 109 -93
Page 21
(.
13. Protective fencing shall be installed prior to, and maintained in place until
conclusion of, grading and development of parking lot areas to prevent excess soil
from sloughing off into sensitive creek and ravine environments on the site.
Monitorine:
Grading practices shall be monitored by the Community' Development
Department staff through field inspections during project construction.
14. To insure maintenance of the mature trees on the site, the heavily wooded
portions not to be used for parking and /or building pads should be maintained
as permanent open space easements.
Monitoring
The requirement for the open space easements shall become a condition of
master plan approval.
15. Parking lot lighting shall be designed to be directed downward and not cast glare
onto adjacent properties. The specific design of lighting shall be to the approval
of the Architectural Review Commission. The ARC shall carefully review the
height and type of lighting fixtures.
Monitoring
The ARC shall review specific proposals for parking lot lighting as part of specific
plans for each proposed building and associated parking.
16. If the Community Development Director determines that the above mitigation
measures are ineffective or physically infeasible, he may add, delete or modify the
mitigation to meet the intent of the original measures.
� . v u� G iN C•
Jill�u.�u.�a�� city �
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93 -33
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RESOLUTION NO. 8247 (1993 Series)
A RESOLUTION OF THE SAN LUIS OBISPO CITY COUNCIL
APPROVING A SMALL BUSINESS ADMINISTRATION
TREE PLANTING GRANT AGREEMENT
WHEREAS, the National Small Business Administration (SBA) Tree Planting
Program finances tree planting grants administered by the California Department of Forestry
and Fire Protection (CDF); and
WHEREAS, CDF has approved a tree planting grant for the City of San Luis Obispo
(the City) in the amount of $56,000; and
WHEREAS, the City must enter into an agreement with CDF in order to receive
reimbursement for its eligible SBA Tree Planting project outlays;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San
Luis Obispo as follows:
To approve the "Agreement Between the California Department of Forestry and Fire
Protection and the City of San Luis Obispo Contract #8CA38265 Regarding the
Distribution of Grant Funds Under the Small Business Administration Tree Planting
Program "; and
2. To authorize the Mayor to execute all six copies of the agreement and any subsequent
amendments; and
3. To direct the City Clerk to send a certified copy of this resolution along with all six
executed copies of the agreement to:
ATTN: Darla Mills
Department of Forestry and Fire Protection
P.O. Box 944246
Sacramento, CA 94244 -2460
so that they. shall be received by December 15, 1993; and
R -8247
C
Resolution No. 8247 (1993 Series)
C
4. To appropriate the $56,000 grant revenue and an additional matching $33,000 from
the general fund unappropriated balance for a total SBA Tree Planting project budget
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 Pinad
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7th day of December, 1993.
Mayor Igg Pinard
ATTEST:
4we L<<
APPROVED AS TO FORM:
eFl
I n ✓ .`�q
A
A- 86 -93 -CC O
AGREEMENT BETWEEN
THE CALIFORNIA DEPARTMENT OF FORESTRY AND FIRE PROTECTION
AND THE City of San Luis Obispo CONTRACT #8CA38365
REGARDING THE DISTRIBUTION OF GRANT FUNDS UNDER
THE SMALL BUSINESS ADMINISTRATION TREE PLANTING PROGRAM
RECITALS
1. Enabling Legislation and Regulations:
Section 24 of the Small Business Act, 15 United States Code (USC)
Section 651, authorizes the Small Business Administration (SBA) to make
pass through grants to any state for the purpose of contracting with
small businesses to plant trees on land owned or controlled by state or
local government.
The California Department of Forestry and Fire Protection (CDF) has been
awarded a grant from SBA pursuant to 13 Code of Federal Regulations
(CFR) Section 125.12 to be utilized during Fiscal Year September 1, 1993
through August 31, 1994. 13 CFR Section 143.37 authorizes the State to
award and administer subgrants to State and local agencies who are
qualified to participate in the program.
2. Purpose:
The purpose of this agreement is to effectuate a subgrant from CDF
(hereinafter referred to as GRANTOR) to the City of San Luis Obispo
(hereinafter referred to as GRANTEE) in accordance with the terms and
conditions established below.
The purpose of this subgrant is to encourage the development and
capacity of small businesses and to permit rapid increases in employment
opportunities in local communities by contracting with small businesses
to plant trees on land owned or controlled by the State or local
government.
Among other functions, this agreement is designed to ensure that GRANTEE
fulfills the commitments made during the application process.
3. Definitions:
"In -kind contributions" means the contribution borne entirely by the
GRANTEE to the cost of planting and maintaining the trees. In -kind
contributions shall include the cost or value of: 1) the 2.0%
administrative fees paid by GRANTEE to GRANTOR pursuant to Item 10,
below; 2) providing tree care during the three -year maintenance period;
3) planning, administering, and supervising the project; 4) trees grown
by the GRANTEE for use in the project; 5) other work associated with
the completion of the project including site preparation, tree removal,
hardscape modifications, and irrigation systems. GRANTEE'S in -kind
contribution shall conform to the estimate in the GRANTEE'S 1993 SBA
Tree Planting Grant Application and, at a minimum, shall be thirty -seven
(37) percent of the total project cost. In -kind contributions shall not
include any value attributable to the land, payment for land or land
charges of any kind.
1
A- 86 -93 -CC
CONTRACT #8CA38365
"Small Business" means a business entity with 100 or less employees. To
compute the number of employees, the average employment. of the entire
business entity, including the employees of all affiliates shall be
included. The "average employment" shall be based on the number of full
and part time persons employed during each of the business entity's pay
periods over the past year or the life span of the business entity,
whichever is shorter (13 CFR Sections 121.401, 121.404, 121.1013).
"Eligible small business entity" means a business "...organized for
profit, with a place of business located in the United States and which
makes a significant contribution to the U.S. economy through the payment
of taxes and /or use of American products, materials, and /or labor," (13
CFR Section 121.403). Eligible business entities include the following
areas of endeavor: landscape and tree care, forestry and reforestation,
ornamental horticulture, nursery stock production, or lawn, garden or
farm supply. Small business "tree brokers" must supply the product of
small business nurseries.
"Three Year Maintenance Period" means the three year period commencing
with the completion of tree planting, as described in this contract,
during which time the GRANTEE shall be responsible for the maintenance
and care of all project trees including watering, pruning, fertilizing,
pest control, restaking, retying, and the replacement of all trees which
are dead, severely damaged, stolen, or vandalized.
"Tree Planting" means to set trees in the ground for growth and includes
(if necessary) digging the hole, placing the tree, installing root
barriers, tree protection, and deep root watering devices, amending the
soil, staking, tying, as well as the initial: watering, application of
fertilizer, herbicides, pruning and shaping.
"Trees" means a perennial plant having a permanent woody, self
supporting main stem or trunk, ordinarily growing to a considerable
height and usually developing branches some distance from the ground.
This definition is not intended to preclude any species which is
traditionally considered to be a tree. Plants described as "small tree"
or "small tree or shrub" per the Western Garden Book, Fifth Printing,
1990, Sunset Publishing Corporation, Menlo Park, California,
incorporated herein by reference, shall be classified as trees when
maintained as trees..
TERMS AND CONDITIONS
4. Consideration:
GRANTOR shall grant the total sum of $56,000.00 to GRANTEE and in
consideration thereof GRANTEE shall abide by all terms and conditions
set forth within this agreement, and with all federal and State statutes
and regulations which may apply to this agreement, whether expressly
incorporated herein or not, for the sole purpose of accomplishing the
project described in GRANTEE's 1993 SBA Tree Planting Grant Application
and accompanying map(s), as updated, attached hereto and incorporated
herein as Exhibits "A" and "B". respectively.
2
C� Q
5. Term:
CONTRACT #8CA38365
Pursuant to Item 6 below, GRANTEE may make program expenditures after
execution of this agreement. All funds reimbursable under this grant
shall be expended before August 31, 1994. The three -year maintenance
period shall be as described above.
6. Costs Which May Be Properly Charged to the Grant Funds:
GRANTEE shall be reimbursed for only those costs attributable to
contracts with small businesses as herein defined for the purchase and
planting of trees on lands owned or controlled by State or local
governments. Reimbursement shall only be made for expenses that can be
documented with purchase invoices from small businesses. There are no
grant funds available for costs which are incurred by GRANTEE prior to
the execution of this contract or after August 31, 1994.
7. Restrictions on Contracting for Planting- Stock. Planting Services
and Supplies:.
GRANTEE and GRANTEE's contractors shall only contract with small
business nurseries for the purchase of planting stock when planting
stock are purchased rather than being directly supplied from State or
local government nurseries.
GRANTEE shall only contract with small businesses for tree planting
services and the supplies necessary for tree planting. All tree
planting must be done by small businesses.
All supplies needed at the time of tree planting, purchased by the
GRANTEE and not the small business planting contractor, (stakes, ties,
soil amendments, fertilizer, root barriers, deep root watering systems,
and tree protectors) are reimbursable only if purchased from and
installed by a small business.
Irrigation systems, tree grates, removal or replacement of hardscape,
tree moving, site preparation (including tree and stump removal, earth
moving), consulting services, landscape plans, and tree maintenance
contracts are not reimbursable expenses but may be used as in -kind
contributions.
8. Proper Selection of Oualified Small Businesses:
GRANTEE shall insure that small business contractors selected are
qualified as a small business under 13 CFR Section 21.1013. GRANTEE
shall use competitive bidding and utilize two or more small businesses
per project; at least one small.business contractor for planting stock .
and at least one small business contractor for planting services. Where
appropriate, GRANTEE shall insure that the selected small business meets
State contractor licensing requirements. GRANTEE's selection process and
final selection shall comply with all State and federal statutes
relating to nondiscrimination. As such, the selection process shall. in
3
l�
O
CONTRACT #SCA38365
no way be influenced by and the final selection shall in no way be based
on race, color, national origin, religion, ancestry, sex, handicap or
medical condition, age, or marital status.
GRANTEE shall also establish safeguards to prohibit employees from using
their positions for private gain or giving the appearance of being
motivated by a desire for private gain. No employee involved in the
GRANTEE's project shall have a business, family, or other personal
relationship with the selected small business.
9. Nursery Stock Standards and Planting Specifications:
GRANTEE shall insure that the selected trees are suitable to the
planting site and that, at a minimum, nursery stock, planting methods,
overall care, and maintenance are reasonable, cost effective, and
customary. All nursery stock and planting methods shall meet or exceed
the standards described in Exhibit "C", attached hereto and incorporated
herein, or the GRANTEE's existing, pre- approved nursery stock and
planting standards. GRANTEE shall initial below to inform GRANTOR of
GRANTEE's proposal to use alternative nursery stock and tree planting
standards:
GRANTEE proposes the use of GRANTEE's existing and pre -
approved nursery stock and tree planting standards,
lam— attached hereto and incorporated herein, as Exhibit "D" and
certifies that these standards meet or exceed the standards
set forth in Exhibit "C."
10. Payment of Administrative Fees:
GRANTEE shall provide GRANTOR with an administrative fee which is due
upon the signing of this agreement. The amount of the administrative
charge is computed as 20% of the total grant amount for the projects
which are funded under this subgrant.
Refund of the 20% administrative fee shall be made in accordance with
the following schedule, if the GRANTEE submits written notice to the
GRANTOR of the intent to withdraw all or a portion of the project.
Date Written Notice
Received by GRANTOR
December 31, 1993
January 31, 1994
February 28, 1994
March 31, 1994
April 30, 1994
May 31, 1994 through August 31, 1994
4
% of Administrative Fee
to be Refunded
90
70
50
30
10
0
C'
W
CONTRACT #SCA38365
11.. Conformance with Project Description, In -kind Contributions, and
Contract Provisions:
Project descriptions, including an estimate of in -kind contributions
were provided to the GRANTOR during the application process and are
incorporated herein as part of this agreement, per Item 4. above. Any
changes in the project description must be approved by the GRANTOR.
Before signing this contract, and while this agreement is in effect,
GRANTEE shall request, in writing, approval of any change(s) to the
project description including: the locat=ion(s) where trees shall be
planted; the number of trees to be planted; the species, size and /or age
of the trees to be planted; vicinity maps showing the location of
planting sites; and GRANTEE's total in -kind contribution as defined
below.
.By entering into this agreement, GRANTEE, agrees to take sole
responsibility for the completion of the project as described, including
approved changes. GRANTEE's in -kind contributions should conform to the
estimate in GRANTEE's 1993 SBA Tree Planting Grant Application and, at
a minimum, shall equal thirty -seven (37) percent of the total project
cost. GRANTEE's failure to request written approval of all project
description changes may result in expenses being ineligible for
reimbu "rsement or termination, of this grant.
12. ouarterly- Reports:
GRANTEE shall file a quarterly progress report on a form provided by the
GRANTOR and in accordance with the following schedule. The report shall
summarize project accomplishments and describe costs already incurred
delineating those which are properly chargeable to the. grant funds
pursuant to Item 6 above, and which are in -kind contributions..
GRANTEE's failure to file quarterly reports according to this schedule
may result in the termination of this grant.
Quarter Ending
December 31, 1993
March 31, 1994
June 30, 1994
Report Due to-GRANTOR
January 15, 1993
April 15, 1994
July 15, 1994
13. Completion Report and Reimbursement for Costs Chargeable to the
Grant
GRANTEE shall file a project completion report on or before September
30, 1994 on forms provided by the GRANTOR. The completion report shall
include:
a) a description and the amounts of incurred costs which are
properly chargeable to the grant funds, pursuant to Item 6
above. Copies of invoices documenting those expenses (including
all sub - contracts) shall be attached.
5
CONTRACT #8CA38365
b) a description and the.amounts of the in -kind expenses incurred
to date and an estimate of future in =kind tree maintenance costs
during the three -year maintenance period.
c) an accurate list of planted tree locations including species,
size, street address, (or other reference point), and.location
map(s) if addresses are not applicable.
d) the number of unemployed individuals that were employed by
contracts using proceeds of the grant;
e) the extent to which this grant allowed the GRANTEE to exceed
program goals established prior to having received CDF's "1993
Tree Planting Grant Application" in terms of both trees and
dollars;
f) certification that GRANTEE is prepared for final inspection or
audit pursuant to Item 16 below.
Provided that GRANTEE complies with all provisions agreed to within this
contract and following satisfactory Completion Report review and final
project inspection, GRANTOR shall instruct the GRANTEE to invoice the
GRANTOR for all properly compensable costs (see Item 6 above). The
State shall pay GRANTEE as promptly as fiscal procedures permit.
14. Maintenance Report:
GRANTEE shall file an annual maintenance report before October i of each
year during the three -year maintenance period on a form provided by the
GRANTOR. The report shall summarize tree maintenance
activities and in -kind maintenance expenses.
15. Expending Grant Funds:
GRANTEE shall take steps necessary to assure the complete expenditure of
all grant funds including, but not limited to:
a) contacting GRANTOR, in writing, to seek approval to increase
the number, size, species, and /or location of trees to be planted
in order to more completely utilize the grant funds or,
b) requesting in writing by April 30, 1994 that GRANTOR amend this
subgrant to a lower amount that will be fully expended.
.16. Inspection and-Audit:
GRANTEE shall allow for periodic or random on- the - ground inspection of
the project and audit of the project records. This inspection or audit
may be conducted by a CDF representative, the California State Auditor,
an SBA program administrator, or the Comptroller General of the United
States. The audit may include the examination of. all records, books,
papers, or documents related to this grant. GRANTEE shall retain all
6
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CONTRACT #8CA38365
substantiating documentation including proof of having claimed
reimbursement for only those costs which are attributable to having
contracted with small businesses qualified as set forth in Item 7 above.
GRANTEE shall also establish a proper accounting system in accordance
with generally accepted accounting standards.
17. Audit:
The GRANTEE shall be subject to examination and audit by the California
State Auditor, the Small Business Administration, the Comptroller
General of the United States, and the GRANTOR for a period of three
years after final payment under this agreement in accordance with
Government Code Section, Section 10532, the Federal Single Audit Act,
and OMB Circular A -128. Examination and audit shall be confined to
those matters connected'with performance of the agreement including, but
not limited to, costs of administering contracts entered into under.this
agreement.
18. Environmental Documentation:
GRANTEE shall be responsible for completing all necessary environmental
documentation including requirements under the California Environmental
Quality Act (CEQA) or the National Environmental Policy Act (NEPA) and
agrees GRANTEE is the lead agency regarding all local projects.
19. Publication Requirements:
Any publication resulting from this grant project must include the
following acknowledgement of support and disclaimer statement, whether
copyrighted or not:
"This material is based upon work supported by the U.S. Small
Business Administration under grant number SB- PA -93T- 005."
Except for scientific articles and papers appearing in scientific
journals, materials must also contain the following disclaimer:
"Any opinions, findings, and conclusions or recommendations
expressed in this publication are those of the author(s) and
do not necessarily reflect the views of the U.S. Small
Business Administration."
20. Hatch Act Prohibitions on Political Activities:
GRANTEE shall insure compliance with the provisions of the Hatch Act (5
USC Sections 1501 -1508 and 7324 - 7328). In this regard, any employee or
subcontractor whose principle employment is in connection with an
activity which is funded in whole or part by grant funds pursuant to
this contract is prohibited from the following political activities:
a) use of his /her official authority or influence for the purpose
of interfering with or affecting the result of an election or
a nomination for public office;
7
EO
CONTRACT #8CA38365
b) directly or indirectly coercing, attempting to coerce,
commanding or advising another employee to pay, lend, or
contribute anything of value to a person for political purposes;
or
c) running as a candidate for a partisan political office.
21. Compliance with Lobbying Activities Disclosure Requirements:
GRANTEE shall submit a completed copy of the "Disclosure of Lobbying
Activities" statement upon the signing of this agreement, receipt of
grant funds, and at the time of any material change with the terms or
conditions of this agreement pursuant to Title 31 USC Section 1382.
A copy of the disclosure statement is attached to this agreement.
22. Applicable Federal Labor Standards:
GRANTEE shall comply, as applicable, with the Contract Work Hours and
Safety Standards Act (40 USC Sections 327 -333), regarding labor
standards for federally assisted subagreements.
23. Nondiscrimination:
During the performance of this agreement, GRANTEE and its subcontractors
shall not unlawfully discriminate, harass or allow harassment, against
any employee or applicant for employment because of sex, race, color,
ancestry, religious creed, national origin, physical disability
(including HIV and AIDS) , mental disability, medical condition (cancer) ,
age (over 40), marital status, and denial of family care leave. GRANTEE
and subcontractors shall insure that the evaluation and treatment of
their employees and applicants for employment are free from such
discrimination and harassment. GRANTEE and subcontractors shall comply
with the provisions of the Fair Employment and Housing Act (Government
Code, Section 12900 et seq.) and the applicable regulations promulgated
thereunder (California Code of Regulations, Title 2, Section 7285.0 et
seq.). The applicable regulations of the Fair Employment and Housing
Commission implementing Government Code, Section 12990 (a -f), set forth
in Chapter 5 of Division 4 of Title 2 of the California Code of
Regulations are incorporated into this agreement by reference and made
a part hereof as if set forth in full. GRANTEE and its subcontractors
shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or
other. agreement.
This GRANTEE shall include the nondiscrimination and compliance
provisions of this clause in all subcontracts to perform work under the
contract.
8
CONTRACT #8CA38365
24. Drug Free Workplace:
GRANTEE, in executing this agreement, certifies it is in compliance with
the Drug -Free Workplace Act of 1990 (GCS 8350, et seq.) , and the Federal
Drug -Free Workplace Act of 1988. GRANTEE further agrees to provide all
necessary documentation required under the federal drug -free workplace
regulations.
25. Indemnification:
GRANTEE agrees to indemnify and save harmless the GRANTOR, its officers,
agents and employees from any and all claims and losses accruing or
resulting to any and all GRANTEES, contractors, subcontractors,
materialmen, laborers and any other person, firm or corporation
furnishing or supplying work services, materials or supplies in
connection with this subgrant, and from any and all claims and losses
accruing or resulting to any person, firm or corporation who may be
injured or damaged by the GRANTEE in the performance of this agreement.
26. Independent Capacity:
GRANTEE, its agents and employees in the performance of this agreement
shall act in an independent capacity and not as officers or employees or
agents of the State of California.
27. Termination:
GRANTOR may terminate this agreement and be relieved of the payment of
any funds to GRANTEE should GRANTEE fail to perform any of the covenants
herein contained at the time and in the manner herein specified.
28. Amendments:
No alteration or variation of the terms of this subgrant shall be valid
unless made in writing and signed and approved by the participants and
no oral understanding or agreement not incorporated herein shall be
binding on any of the parties.
9
C
N
CONTRACT #8CA38365
Where GRANTEE is required to certify under any provision above, GRANTEE
agrees such certification is under penalty of perjury under the laws of
the State of California.
Executed on December 10 , 1993 ,
at San Luis Obispo , California.
NAME: Peff Pinasd
TITLE: Mayor of San Luis Obispo
City of San Luis Obispo
GRANTEE
ATTEST:
C y er"-k Dia e R. Awe 1
Dated: IQ-.e— . l� , 199
e'� rX �s
KENNETH L. DELFINO U
Deputy Director, Resource Management
Department of Forestry and
Fire Protection
GRANTOR
10
CITY OF SAN LUIS OBISPO
ENCUMBRANCE DOCUMENT
CONTRACT NUMBER: SCA38365
FOR CDF USE ONLY
AMOUNT ENCUMBERED BY THIS PROGRAMICATEGORY (CODE AND TITLE) �p TtnE
DOCUMENT Local Assistance qOTITL Federal Trust
$ 56,000.00
(oprwNALUSE)
PRIOR AMOUNT ENCUMBERED FOR
THIS CONTRACT
$ -0- ITEM CHAPTER STATUTE FISCALYEAR
TOTAL AMOUNT ENCUMBERED TO 3540- 0_01 -001 55 1993 93/94
DATE - OBJECT OF EXPENDITURE (CODE AND TITLE)
$56, 000.00 93- 9520 - 418.99 -96125
l hereby c&Wfy upon my own Personal k7OWWge that budgeted hinds . TZA NO. BA NO.
are for a period and purpose f e expenftm stated above.
SIGNATURE - - DATE
D
0 CONTRACTOR STATE AGENCY ❑ DEPT. OFGEN. SER. C] CONTROLLER
J
LZIFICATION REGARDING LOBBYING 17
(This Certification is required pursuant to 31 U.S.C. 1352)
Certification for Contracts, Grants, Loans, and Cooperative Agreements
The undersigned certifies, to the best of his or her knowledge and belief, that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer
or employee of any agency, a Member of Congress, an officer or employee of Congress,
or an employee of a Member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an
employee of a Member of.Congress in connection with this Federal contract, grant,
.loan, or cooperative agreement, the undersigned shall complete and submit
Standard Form -LLL, 'Disclosure of Lobbying Activities,° in accordance with its
instructions. -
(3) The undersigned shall require that the language of this certification be
included in the award documents for all subawards at all tiers (including
subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which ieliance was
placed when this transaction was made or entered into. Submission of this
certification is a prerequisite for making or entering into this transaction imposed
by section 1352, title 311 Q.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than #10,000 and not
more than t1001000 for each such failure.
Statement for Loan Guarantees and Loan Insurance
The undersigned states, to the best of his or her knowledge and belief, that:
If any funds have been paid or will be paid to any person for influencing or
attempting to influence an officer or employee of any agency, a Member of Congress,
an officer or employee of Congress, or an employee of a Member of Congress in
connection with this commitment providing for the United States to insure or
guarantee a loan, the undersigned shall complete and submit Standard Form -LLL,
*Disclosure of Lobbying Activities.' in accordance with its instructions.
Submission of this statement is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to
file the required statement shall be subject to a civil penalty of not less than
$10,000 and not more than }100.000 for each such failure.
ORGANIZATION NAME
Mayor PeQ Pinard
nnnC Afit� TITLE OF AUTHORIZED REEA£SENTATIVE
SBA TREE PLANTING PROGRAM -1993
EXHIBIT "C"
Nursery Stock and Tree Planting Standards
Exhibit G, SBA Tree Planting Program - 1993
NURSERY STOCK STANDARDS
SPECIFICATIONS FOR ACCEPTANCE OF NURSERY TREES
AT THE TIME OF DELIVERY
PURPOSE
To obtain vigorous, healthy trees which can be easily trained into attractive trees with
structurally strong roots and crowns.
SPECIFICATIONS
(The buyer should choose and /or modify the appropriate sections depending on the species,
the landscape site, and the intended function of the tree.)
I All trees shall be true to type or name as ordered or shown on the plans and shall be
individually tagged or tagged in groups by species and cultivar (variety).
II All trees shall be healthy, have .a form typical for the species or cultivar, be well- rooted,
and properly trained. These characteristics are described in Section III, IV, and V.
III All trees _shall comply with Federal and State laws requiring inspection for plant diseases
and pest infestations. Inspection certificates required by law shall accompany each
shipment of plants. Clear_ ance from the County Agricultural Commissioner, as required
by law, shall be obtained before planting trees delivered from outside the County in
which they are to be planted.
IV The root -ball of all trees shall be moist throughout and the crown shall show no signs of
moisture stress.
V The following criteria apply primarily to broad - leaved, decurrent trees:
Tree Crown
A. A single, fairly straight trunk that has not been headed or that could be pruned to a.
central leader.
1. Potential lateral scaffold branches (Height of lowest scaffold depends on
landscape use):
a. Small- growing trees (crape myrtle, flowering fruit trees): Branches should
be at least 2 inches apart vertically; which could be trained in the landscape
to 3 to 7 branches 4 inches or more apart vertically.
C -2
Exhibit C, SBA Tree Planting Program - 1993
Large- crowning trees (ash, oak): Branches should be at least 6 inches apart
vertically; which could be trained in the landscape to 5 to 9 branches 18
inches or more apart vertically;
b. Branches should be radially distributed around the trunk;
c. Branches "should not be more than two - thirds (2/3) the diameter of the trunk,
measured l inch above the branch; and
d. Branch attachments should be free of included bark (bark embedded between
the trunk and a lateral),
2. No lateral branches below the lowest potential scaffold should be larger than
one -forth (1/4) the trunk diameter at point of attachment;
3. Each tree must be able to comply with #1 and #2 above without having removed
or having to remove, now or with the previous growing season (at least six
months), more than twenty -five (25) percent of the branches of size similar to or
larger than those of the potential scaffold branches.
B. The minimum acceptable length of the most recent season's shoots should be
specified, for example, shoots of slow- growing trees (Le., red maple, red oak,
ginkgo) might be 8 inches and for fast- growing trees the minimum acceptable length
might be 12 inches and preferably 24 -36 inches.
C. It would be desirable to have:
1.. The tree stand upright without support, unless the tree is bare root;
2. Small (< 1/4 diameter of trunk) temporary branches along the think below the
scaffold branches.
Roots
(Container, boxed, or balled and burlapped.trees regardless of species or mature size):
D: Free of roots > one -fifth (115) the trunk diameter visibly circling the trunk, and free
of "knees" (roots) protruding above the soil.
C -3
Exhibit C, SBA Tree Planting Program - 1993
E. The root -ball periphery should be free of circling roots larger than 1/4 inch in
diameter or a mat of 1/4 inch or larger roots (acceptable diameters of circling
peripheral roots depend on species and size of container). Circling roots at the
periphery of the root -ball shall not be reason for rejecting a tree unless they are
large for the species and shoot growth is not acceptable for the species,
F. The trunk should not touch the top rim of the container.
G. Expose the roots within 2 inches of the trunk to a depth of 2:5 inches below the
topmost root attached to the trunk. The trunk should be free of circling roots as in
"W and kinks in the main root(s). Replace soil washed from around the trunk after
inspection. _
VI In case the sample trees inspected are found to be defective, the buyer reserves the right
to reject the entire lot or lots of trees represented by the defective samples. Any plants
rendered unsuitable for planting because of this inspection will be considered as samples
and will not be paid for.
VII The buyer shall be notified when plants are to be shipped at least ten (10) days prior to
the actual shipment date, or the buyer may request to select the plants at the nursery
before delivery.
These specifications have in part been adapted from the Standard Specifications, January
1981, of the California Department of Transportation, Sacramento and the Urban Forestry
Grant Program, California Department of Forestry and Fire Protection.
C-4
Exhibit C, SBA Tree Planin g Program 1993
PLANTING STANDARDS
1. Dig the proper sized hole for your tree. Make vertical sides as shown in.Figure 1.
Roughen the side of the hole to allow root penetration. If you're transplanting your tree
from a container, the hole should be two inches shallower and at least twice the diameter
of the container.
2. Carefully remove the container just before the tree is put into the hole. Try to move the
tree by the root ball instead of the trunk. Minimize the time the roots are exposed to
air. Roots circling around the outside of the root ball should be cut vertically in four or
five places around the circumference. Roots matted on the root ball bottom should be
cut off.
3. Set the root ball on undisturbed soil. Adjust the. "best" side of the tree in the direction
you want. Make sure the top surface of the root ball is two inches higher than the
natural soil grade. Lay stick or shovel handle across the hole to see if the root ball is
high or low.
4. Fill the hole in and around the root ball with the soil you removed from the hole in Step
One. If the soil is filled with rocks, rake out the larger ones. .Break up any clods and
mix them with good topsoil. Firm the soil around the root ball until the hole is 2/3 full.
5. Fill the remaining space with water. Finish filling the hole with soil, but do not tamp.
No fill soil should be put on top of the root ball.
6. Mound what soil is left into a six -inch high berm around the edge of the planting hole.
Fill the basin around the tree with water to thoroughly wet and settle the soil.
7. Place a two- to three -inch layer of mulch such as bark or leaves round the tree. Mulch
helps to control weeds and retains water in the soil. Keep turf/grass 18.inches away
from the truck.
8. Remove any stake that is next to the tree trunk. Restake your tree only if the tree
cannot support itself. Use two stakes and place them immediately outside of the root
ball on either side of the trunk to support the tree against the wind. T_ his prevents the
trunk or branches from rubbing against the stake.
9. Trees have different watering requirements. When they're first planted and taking root,
they typically need frequent watering. Check the soil at a depth of two to three inches
before watering. If it's dry, water thoroughly. A tree will grow faster when watered
Weekly for the first half of summer and then every two weeks for the Balance.
Reprinted from "Plant Your Tree!" brochure and edited for the SBA Tree Planting Program.
C -5
:... EXIDBIT liC„
SBA TREE PLANTING STANDARDS
PLANT 2" HIGHER THAN
GROWN IN NURSERY .\
WATER BASIN-,
FILL WITH ORIGINAL
SOIL: ADDITION OF,
ORGANIC MATTER M
BE ADVISABLE
WATERING TUBE
FIGURE 1
LODGEPOLE STAKES
RUBBER TIES AS LOW
AS POSSIBLE.
AGRIFORM TABLETS
REMOVE ANY SHOOTS
WITHIN 6" OF SOIL
LAYER OF
ORGANIC MATTER
WATER LEVEE 2' TO
4' IN DIAMETER
SOIL BALL RESTING ON FIRM
SOIL TO AVOID SETTLING
HOLE TWICE THE
DIAMETER OF CONTAINER
v
t
cp
SMALL BUSINESS ADMINISTRATION
TREE PLANTING PROGRAM - 1993
PROGRAM GUIDELINES
INTRODUMON
These guidelines were developed to assist grantees with
understanding the SBA Tree Planting contract. They serve to
clarify and elaborate on items in the contract. If you have any
questions please contact the following CDF staff:
Allen Robertson
Staff Forester
(916) 657 -0300
Wade McDonald
Staff Forester
(916) 657 -4805
USE OF SMALL BUSINESSES
Darla Mills
Forestry Technician
(916) 653 -9509
Grantee must use small businesses for all reimbursable
expenses. Small business means:
a business entity with 100 or less employees. To compute
the number of employees, the average employment of the entire
business entity,- including the employees of all affiliates shall
be included.. The "average employment ".shall be based on the
number of full and part time persons employed during each of the
business entity's pay periods over the past Year or the life span
of the business entity, whichever is shorter (43 CFR Sections
121.401, 121.404, 121.1013). An eligible sma11 business entity
is "...organized for profit, with a place of business located in
the United States and which makes a significant contribution to
the U.S. economy through the payment of taxes and /or use of
American products, materials, and /or labor. ".(13 CPR Section
121.403) .
Businesses used do not necessarily need to be local
businesses. At a minimum two small businesses must be used to
complete the project; one small business nursery and one small
business planting contractor. All tree planting and tree
purchasing sub- contractors must be small businesses. It is not
necessary to use small businesses for non = reimbursable expenses
sen TM HAMWG MOGRAM coM NO -- ism 019196 l
.(e.g. site preparation, irrigation expenses, consulting services
etc.) but small businesses used for these activities may be
reported. Eligible small business concerns include those
specializing in landscape and tree care, forestry and
reforestation, ornamental horticulture, nursery stock, or lawn,
garden, and farm supply.
5W Tree Planting
All tree planting must be performed by small business
contractors. Trees may not be planted by grantee's staff,
volunteers, students, service organizations, CCC, job corps, or
court referrals.
Tree planting includes digging the hole, placing the tree,
installing root barriers, tree protection, and deep root watering
devices, amending the soil, staking, tying, as well as the
initial: watering, application of fertilizer, herbicides,
pruning and shaping.
Tree
,planting standards must meet or exceed the standards
set forth in Exhibit "C" of the contract package unless the
grantee has substituted other planting standards and has
indicated such by initialling contract Item 9.
Long term maintenance of trees is not reimbursable. However,
the grantee is encouraged to secure a guarantee from the small
business contractors to insure quality materials and work. The
cost of this guarantee must be included in the cost of the
materials or services purchased.
9W Tree Purchasing
All trees must be purchased from small business nurseries.
The use of small business "tree brokers "_ is permitted however-,
they must supply the product of small business tree nurseries.
This also applies to planting contractors that act as "tree
brokers" to purchase trees for the project. The expense of trees
not purchased from small business is non - reimbursable and the
planting costs of those trees may also be non - reimbursable.
This does not apply to trees that are grown in the grantee's
nursery or are supplied by the CDF state nursery.
Tree standards must meet or exceed the standards set forth
in Exhibit "C" of the contract package unless the grantee has
substituted other tree standards and has indicated such by
initialling contract Item 9.
SRA TREE PLANTING PROGRAM cUIDELO ES . 1993 10/19M 2
cC,
'�F Purchasing Materials and Supplies
Planting materials and supplies including stakes, ties, soil
amendments, tree protectors, root barriers, and planting.boxes
are reimbursable when purchased from a small business or when
supplied by the small business planting contractor as part of the
cost of tree planting.
10 7: ' :
only those expenses incurred after the execution of a
contract between CDF and the grantee and before August 31, 1994
will be reimbursable. Reimbursable expenses are limited to the
purchase of services (tree planting) and supplies (trees,
planting materials) from small businesses. All other expenses
are non - reimbursable but may be included in calculating the
grantee's in -kind expense.
cW Invoices
Proper documentation of all reimbursable expenses is
required.. Reimbursable expenses must be substantiated by copies
of invoices from the small businesses providing the materials or
services. This includes small business sub - contractors that
provide trees or services for the primary contractor.. Copies of
invoices from small businesses are required for all tree
purchases whether the grantee purchased the trees directly from a
tree nursery or indirectly through a,primary contractor.
Acceptable invoices must include a description of the materials
or services provided, general'planting location, unit cost,
extensions, and totals. Merely stating that "350 trees were
purchased and planted" is.not an adequate description of work
performed. Invoices for tree purchasing, tree planting, and
related planting materials must agree in terms of numbers of
trees purchased and planted and the amounts of planting material
required to accomplish planting. All invoices for reimbursable
expenses must be for services and materials purchased from small
businesses and must be dated on or before August 31, 1994. Two
or more small businesses must be used to complete the project.
cW Reimbursement
Expenses will be reimbursed.' the review and approval of
your Project Completion Report and satisfactory inspection of
your project.
see TREE PLANMG MOGUM GMDELDM - Mionm 3
In -kind expenses are the contribution to the cost of
planting and maintaining the trees borne entirely by the grantee.
In- kind contributions include the cost or value of: 1) the 20%
Administrative fee paid to CDF; 2) providing tree care during the
three year maintenance period; 3) planning, administering, and
supervising the project; 4) trees grown.by the grantee for use
in the project; 5) other work associated with the completion of
the project including site preparation, tree removal, hardscape
modifications, and irrigation systems. Grantee's in -kind
contribution will conform to the estimate in the 1993 SBA Tree
Planting Grant Application and, at a minimum, shall be thirty -
seven (37) percent of the total project cost.
The Total Project cost is.the sum of Reimbursable Expenses
and In -kind Expenses:
Total Project Reimbursable In -kind
Cost Expenses + Expenses
(100 %) (63 %) (37 %)
To determine the minimum in -kind expense for your project
you may perform the following calculations:
i) . Reimbursable Expenses = Total Project Cost
0.63
2) . Total _ Reimbursable = Minimum
Project Cost Expenses In -kind Expenses
Note: This is a calculation of the minimum Zn -kind Expense and
Total Project Cost. The actual values may be substantially
higher.
CHANGES TO THE PROJECT
Your SBA Tree Planting Proposal is a part of this contract.
The grantee is expected to complete the project as described in
the proposal including number of trees, tree sizes, tree species,
and planting locations (excluding minor changes in street
address). Any changes to the proposed project must be requested
in writing and approved by CDP. Expenses for unapproved changes
may not be reimbursable.
sew TRM a -WMG PROGMU Gumew+FS . IM I WI&M 4
EXPENDING ALL GRANT FUNDS
. The grantee is responsible for seeing that all grant funds
allotted to them are expended. When it becomes apparent that all
funds will not be expended it is the grantee's responsibility to
contact CDF in order to:
p seek approval to increase the size, number, species, and /or
location of trees to more completely utilize grant funds, or
■ request in writing by April 30, 1994, that CDF amend the
grant to a lower amount that will be fully expended.
00 1 ZIA 01
The three year maintenance period is the three year period
commencing with the completion of tree planting during which time
the grantee is responsible for the maintenance and care of all
project trees including watering, pruning, fertilizing, pest .
control, restaking, retying, and the replacement of all trees
which are dead, severely damaged, stolen or vandalized. An
estimate of these expenses will be used to meet a portion-of your
37% in -kind contribution. Each September during the maintenance
period CDF will request a summary of maintenance activities and
expenses.
REPORTS
The grantee is required to submit several reports during the
course of the project and upon completion. These reports are
submitted on forms supplied by CDF. These reports include:. .
Bw quarterly progress reports which are due to CDF by the
15th of the month following the end of each quarter,
tW final completion report which summarizes all expenses
and certifies that the project is complete and ready
for final inspection. This is due to CDF by September
30, 1994.
t annual maintenance reports summarize yearly maintenance
activities and expenses. These are due to CDF in
August for each of the three years following tree
planting.
=A ntM PLANMc PROM" GUMEIM ES . tugs to &M 5
SBA GRANT - DRAFT.RELEASE__(arantee)
The _ ( Agency Name)_- has received a federal Small Business
Administration grant of $ (grant amount) through the California
Department of Forestry and Fire Protection (CDF), to plant (no..of)
trees. The trees will be planted at (location(s))
The Small Business Appropriation Act of 1990 authorized grants to
any state for the purpose of contracting with small businesses to
plant trees on land owned or controlled,by state or local
government. The purpose of the legislation is to encourage the
development of small businesses, and to permit.rapid increases in
employment opportunities in local communities. To accomplish those
purposes Grantees are directed to utilize small business
contractors in connection with the program and to divide a project
to allow more than one small business to, perform the work under the
project. Zn California CDF is responsible for administering the
program, selecting agencies to receive grants, and inspecting
city /agency tree planting projects:
(IriSert comments by local officials regarding the tree planting and
its benefits.)
Over four thousand governmental agencies throughout California were
contacted regarding the program, of which '85 were awarded grants
totalling $3,484,448. Statewide, approximately 47;000 trees will
be planted under this program.
Contracts have been awarded to the (Company Name(s)) . company(s)
to plant the trees, and the (Nursery Name.(s))_ nursery (q) to
supply the trees.
RESOLUTION NO. 8246 (1993 SERIES)
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO ADOPTING A POLICY FOR
SLO TRANSIT VEHICLE USE
WHEREAS, a policy for SLO Transit vehicle use needs to be
developed.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City
of San Luis Obispo sets the following policy for SLO Transit .
vehicle use.
1. San Luis Obispo Transit vehicles, including the trolley, will
only be used for SLO Transit routes and City of San Luis
Obispo activities.
2. That no San Luis Obispo Transit vehicles will be loaned,
leased, or rented to another city, firm, or individual.
3. The City of San Luis Obispo can make its transit vehicles,
with operators, available to support Regional Transit
activities that benefit the City of San Luis Obispo.
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 December ,
1993.
l�A
Mayor Peg Pinard
ATTEST:
i e Gla well, ity Clerk
R -8246
Resolution No. 8246 (1993 Series)
APPROVED:
sloveh�lmm2
RESOLUTION NO. 8245 (1993 Series)
A RESOLUTION OF APPLICATION BY THE CITY COUNCIL OF SAN
LUIS OBISPO REQUESTING THE LOCAL AGENCY FORMATION
COMMISSION TO INITIATE PROCEEDINGS FOR THE AIRPORT
AREA ANNEXATION
WHEREAS, the City of San Luis Obispo desires to initiate proceedings
pursuant to the Cortese -Knox Local Government Reorganization Act of 1985,
commencing with Section 56000 of the California Government Code, for the Airport
Area annexation, and
WHEREAS, the City Council has held public hearings on the proposed
annexation; and
WHEREAS, City Council approval is a prerequisite for the San Luis Obispo
County Local Agency Formation Commission to initiate formal annexation
proceedings; and
WHEREAS, notice of intent to adopt this resolution of application has been
given to each interested and each subject agency; and
WHEREAS, the territory proposed to be annexed is inhabited, and a.
description of the boundaries of the territory is set forth in Section 2; and
WHEREAS, this annexation proposal is consistent with the sphere of
influence of the City of San Luis Obispo;
THEREFORE, BE IT NOW RESOLVED BY THE SAN LUIS OBISPO
CITY COUNCIL AS FOLLOWS:
R -8245
SECTION 1. Findings.
1. " Annexation is appropriate since the site is. generally contiguous to
incorporated areas of the City in on its north, west and east sides.
2. The annexation area is already partially served by City services, and is
a located within the City's Urban Reserve boundary, which designates the area
for which it is City policy to extend urban services.
3. The annexation area is within the Airport Area Specific Planning Area,
and is being jointly planned by the City and the County of San Luis Obispo.
4. County land use approvals in the proposed annexation area have
allowed development of a scale and intensity comparable to development in
the incorporated. area.
5. The proposed annexation will promote the orderly development of the
area in manner consistent with City standards and neighboring City
development, ensuring that the area develops as a visually cohesive part of the
City.
6. The proposed annexation will promote the health, safety, and welfare
of persons residing or worldng within or in the vicinity of the annexation area
by providing urban services, including water and sewer service, city police and
fire protection, and general city government services.
7. The proposed annexation will ensure the continued delivery of high
quality of urban services to the urban areas of the City.
SECTION 2. Annexation Area Described.
C- C
Part A: The area generally bounded by the ridge of the South Street Hills,
existing development on South Higuera and Broad Streets, and a line
running west from the Industrial Way intersection.
Part B: The area generally bounded by a line running west from the Industrial
Way -Broad Street intersection; South Higuera Street; a line 1/4 mile
north of Buckley Road east to the airport; the southern edge of the
County Airport, and Broad Street.
SECTION 3. City Council Recommendation. The City Council recommends
that the Local Agency Formation Commission approve the proposed annexation
subject to property owner compliance with all environmental mitigation measures
certified in applicable environmental impact reports and pursuant to any pre -
annexation agreements between the annexation area property owners and the City.
SECTION 4. Authorization to Staff to Begin Annexation Process.
The City Administrative Officer and. Community Development Director are
authorized to submit required annexation application materials and fees, and to begin
negotiations for transfer of property tax revenue when directed by the Local Agency
Formation Commission, and to cooperate with property owners, Local Agency
Formation Commission, and San Luis Obispo County staff to allow formal annexation
proceedings to progress in an orderly and timely manner.
SECTION 5. Implementation.
The City Clerk shall forward a copy of this resolution and all supporting documents
to the Local Agency Formation Commission.
SECTION 6. Revocation of Application
The City retains the right to revoke the annexation application if environmental and
fiscal impacts are not beneficial to the community, or if an equitable tax allocation
exchange cannot be reached with San Luis Obispo County.
NOW, THEREFORE, this Resolution of Application is hereby adopted and approved
by the City Council of the City of San Luis Obispo, and the Local Agency Formation
Commission of San Luis Obispo County is hereby requested to take proceedings for
the annexation of territory as described in Section 2 and as shown in Exhibit A,
according to the terms and conditions stated above and in the manner provided by the
Cortese -Knox Local Government Reorganization Act of 1985.
On motion of Council Member Roalman , seconded by
Council Member Rappa , and on the following roll call vote:
AYES:
Council
Members
Roalman, Rappa, Romero, and Mayor Pinard
NOES:
Council
Member
Settle
ABSENT: None
the foregoing resolution was passed and adopted this 30th day of November
1993.
Peg Pin ar4q, Mayor
ATTEST:
Di Gladwe , City
f „,_ S
en �� I ttorney
_ f
.. i
Attachment
0
J,P �G3
RESOLUTION NO. 8244 (1993 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
GRANTING APPROVAL OF-TENTATIVE TRACT NO. 2139
(CITY FILE NO. 138 -93) LOCATED AT 533 PISMO STREET
follows:
BE IT RESOLVED by the Council of the City of San Luis Obispo as
SECTION 1. Findings for Approval of the Tentative Map That this
council, after consideration of the tentative map of Tract 2139 and the Planning
Commission's recommendations, staff recommendations, and reports thereof, makes the
following findings:
1. The design of the tentative map and proposed improvements are consistent with
the general plan.
2. The site is physically suited for the type and density of development allowed in
the R -3 -H zone.
3. The design of the tentative map and the proposed improvements are not likely to
cause serious health problems, substantial environmental damage or substantially
and unavoidably injure fish or wildlife or their habitat.
4. The design of the subdivision or the type of improvement will not conflict with
easements for access through, or use of property within, the proposed subdivision.
5. The Community Development Director has determined that the tentative map for
the condominium conversion is exempt from environmental review (CEQA
Section 15301k).
Section 2. Findinp- for the Exception to Condominium Storage Requirements. An
exception to condominium storage area requirements is granted based on the following
finding:
6. Compliance with the storage space requirement of 200 cubic feet per unit is not
feasible in this case without infringing on the private yard areas for each unit. No
public purpose would be served by strict adherence to this standard.
R -8244
O O
Resolution No. 8244 (1993 Series)
Tract 2139
Page 2
SECTION 3. Conditions. The approval of the tentative map for Tract 2139 is
subject to the following conditions:
1. Conditions of Resolution No. 8102 (Con 34 -92) shall remain in effect.
2. The subdivider shall submit a final map to the City for review, approval, and
recordation.
3. The subdivider shall prepare conditions, covenants, and restrictions (CC &R'S) to
be approved by the City Attorney and Community Development Director prior to
final map approval. The CC&R's shall contain the following provisions:
a. Creation of a homeowners' association to enforce the CC &R's and provide
for professional, perpetual maintenance of all common areas including
private driveways, utilities, drainage, parking lot area, walls and fences,
lighting, laundry facilities, and landscaping in a first class condition.
b. Grant to the City the right to maintain common area if the homeowners'
association fails to perform, and to assess the homeowners' association for
expenses incurred and the right of the City to inspect the site at mutually
agreed times to assure conditions of CC &R's and final map are met.
C. No parking except in approved, designated areas.
d. Common sewers shall be maintained by the homeowners' association.
e. Only standard AC or concrete will be replaced by the City when
maintenance requires excavation. Decorative pavements, brick, stamped
concrete, or other similar surfaces are the responsibility of the
homeowners.
L Grant to the City the right to tow away vehicles on a complaint basis which
are parked in unauthorized places.
g. Prohibition of storage or other uses which would conflict with the use of
garages and uncovered parking spaces for parking purposes.
h. No outdoor storage of boats, campers, motorhomes, or trailers nor long-
term storage of inoperable vehicles.
0 0
Resolution No. 8244 (1993 Series)
Tract 2139
Page 3
i. No outdoor storage by individual units except in designated storage areas.
There shall be no prohibition against construction of additional storage
space in the residents' private yard areas.
j. There shall be no prohibition against the use of centralized recycling bins
located in the trash enclosure, and the storage of individual recycling
containers shall be allowed in the private yard areas.
k. No change in City- required provisions of the CC &R's without prior City
Council approval.
1. Homeowners' association shall file with the City Clerk the names and
addresses of all officers of the homeowners' association.
4. A 10 -foot street tree and six-foot public utilities easement shall be provided along
both street frontages, to the satisfaction of the City Engineer.
5. Prior to approval of the final tract map, an environmental site assessment shall be
provided to the Fire Department for review. The assessment shall include (but
not be limited to) soil and groundwater samples that are representative of the
entire site, or other such assessment as required by the Fire Department.
6. The subdivider shall, provide all potential owners of property at 533 Pismo Street
with a report on the status of soil contamination at the intersection of Pismo and
Beach Streets and the related potential for contamination at 533 Pismo Street.
The notification must describe: some history of the pipeline and related leakage;
results of soil and groundwater investigation, past and present; Unocal's risk
assessment; and Unocal's proposal to leave the contaminants in place. Prior to
final map approval, the subdivider shall provide the Fire Chief with a copy of the
notification and assurance of disclosure to all interested purchasers.
Code Requirement:
1. The subdivider shall provide individual sewer, water, and utility services to each
unit and to the common area to the satisfaction of the City Engineer and affected
utility companies. New utilities shall be underground.
C; 0
Resolution No. 8244 (1993 Series)
Tract 2139
Page 4
On motion of Council Member Rappa seconded by Council Member Romero
and on the following roll call vote:
AYES: Council Members Rappa, Romero, Roalman, Settle, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 30th day of November
1993.
(J
Mayor Peg inard
ATTEST:
City erk Diane R. Gl dwell
APPROVED:
Or,
c
J ,r
o c
RESOLUTION NO. 8243 (1993 SERIES)
A RESOLUTION OF THE CITY.COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING AN APPEAL FOR A
TREE REMOVAL REQUEST AT 382 JAYCEE DRIVE
BE IT RESOLVED by the Council of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration
of the applicant's appeal, and the San Luis Obispo Tree
Committee's action, staff recommendations and reports thereon,
make the following findings:
1. The tree is not causing undue hardship to the property owner;
and
2. Removing the tree does not promote good arboricultural
practice; and
3. Removing the tree will harm the character or environment of
the surrounding neighborhood.
Upon motion of Council Member Roalman seconded by
Council Member Romero and on the following roll call vote:
AYES: Council Members Roalman, Romero, Rappa,'Settle, and Mayor Pinard
NOES: None
ABSENT: None
the foregoing resolution was adopted this 30th day of November
, 1993.
Mayor Ptf Pinard
ATTEST:
is e lades 11, Ctyy Clerk
R -8243
Resolution No. 8243 (1993 Series)
APPROVED:
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