HomeMy WebLinkAbout8381-8399RESOLUTION NO. 8399 (1995 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO
GRANTING APPROVAL OF AN ADJUSTMENT BETWEEN TWO LOTS AT
2046 SWAZEY STREET (LLA 8 -95)
BE IT RESOLVED by the Council of the City of San Luis Obispo, as follows:
SECTION 1. Findings. The Council, after consideration of the proposed lot line
adjustment (LLA 8 -95), and staff recommendations and reports thereon, makes the following
findings:
1. The lot line adjustment is consistent with the City's zoning ordinance and building code.
2. The resulting lots are physically suited for the type and density of development allowed
in the R -2 zone.
3. The design of the lot line adjustment will not conflict with easements for access through
or use of property within the proposed subdivision, providing the sewer easement is
officially recorded.
SECTION 2. Environmental Determination. The Community Development Director
has determined that the proposed tot line adjustment is exempt from environmental review,
pursuant to Section 15305 (a) of the California Environmental Quality Act. The City Council
hereby concurs with the exemption.
SECTION 3. Exception to Lot Design Standards. Approval of an exception to allow
lots with depths of 68 and 72 feet where; 90 feet is the minimum required lot depth is hereby
granted based on the following findings:
1. The subject property is of such size and shape, and is affected by such topographic
conditions, that it is impractical and undesirable in this particular case to conform to the
strict application of the subdivision regulations.
2. The cost to the subdivider of strict or literal compliance with the regulations is not the
sole reason for granting the exceptions.
3. Granting an exception to the minimum lot depth standard will not be detrimental to the
public health, safety, and welfare, or be injurious to other properties in the vicinity.
4. Granting an exception to the minimum.lot depth standard is in accord with the intent and
purposes of subdivision and zoning regulations, and is consistent with the general plan.
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Draft Resolution for Approval
LLA 8 -95, 2046 Swazey Street
SECTION 4. Condition. The approval of the lot line adjustment shall be subject to the
following condition:
1. The subdivider shall submit a Declaration of Lot Line Adjustment and a sewer line
easement, along with recording and processing fees to the City Engineer for review,
approval, and recordation.
On motion of Romero , seconded by Williams and on the following roll
call vote:
AYES: Council Members Romero, Williams, Roalman, Smith and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 7th day of
ATTEST:
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1 erk Dia a R. C dwell
APPROVED:
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March
Mayor Allen K. Settle
1995.
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RESOLUTION NO8398(1995 Series)
ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION PROGRAM
. AND PRIORITIES FOR 1995
WHEREAS, it is vital to the fiscal health and the self determination of the City
to effectively communicate with State legislators and Federal representatives in order
to favorably influence the adoption of State and Federal legislation, regulations and
grant requests; and
WHEREAS, the League of California Cities conducts an effective legislative
analysis and influential advocacy program on behalf of cities for State issues and
major Federal issues; and
WHEREAS, with four County Supervisors representing different portions of the
city, it is imperative that the City develop an improved system for regular
communication with the Board of Supervisors and north county agencies; and
WHEREAS, the City desires to be proactive and involved in the governmental
decision making processes directly affecting the City legislative priorities identified in
Exhibit "A" and other selected issues as recommended by the League of California
Cities; and
WHEREAS, the City must have an efficient process in place which allows for
a rapid response that effectively communicates the interests of the City to other
officials; and
WHEREAS, a key component of the City's Legislative Action Program is face -to-
face meetings between City representatives and elected officials at the Federal, State
and, in particular, County levels, and coordination with similar efforts made by other
local government entities.
R -8398
Page Two
Resolution No.8398 (1995 Series)
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San
Luis Obispo does hereby establish the Legislative Action Priorities for 1995 to take
positions on legislation generally consistent with the resolutions and recommendations
of the League of California Cities and inclusive of the legislative priorities identified in
Exhibit A attached hereto.
Upon motion of Vice Mayor Romero , seconded by Council Member Smith
and on the following roll call vote:
AYES: Council Members Romero, Smith, Roalman, Williams, and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this
ATTEST:
A
1 erk Diane R ClaZell
APPROVED:
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/� iitt•tpegrey G. Jorgensen
7th day of March 1995.
MAYOR ALLE SETTLE
■ Requiring funding of federally mandated programs, including new
water /wastewater regulations, or eliminating such ;mandates
■ Promoting continued and increased funding sources for transportation
■ Obtaining new funding sources to expand low and moderate income
housing
® Supporting legislation to transfer ownership of Salinas Reservoir to the
County of San Luis Obispo, if necessary
■ Supporting legislation on coastal preservation
■ Supporting legislation that provides regulatory reliefito local government
in complying with the Fair Labor Standards Act and overtime provisions
for exempt employees
■ Supporting continued funding for the Land and Water Conservation Grant
iProgram
FINANCE
■ Balancing the State Budget without further losses to City revenues
■ Supporting efforts to protect the City from loss of revenues due to State
mandates
■ Supporting legislation that strengthens opportunilties for local fiscal
independence
COMMUNITY DEVELOPMENT
■ Opposing mandated State approval of local General Plan Elements, such
as implementing, and compliance with, State General Plan Housing
Element law
■ Promoting funding sources to encourage the retro- fitting of un- reinforced
masonry buildings
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PUBLIC SAFETY
■ Repealing legislation that requires cities to pay booking fees (SB 2557)•
■ Preserving City's authority to investigate police misconduct
■ Preserving City's authority to establish emergency medical service levels
■ Increasing City authority to regulate group homes for juvenile offenders
■ Continuing support for disaster prepared ness/earthiq uake awareness
■ Supporting grant requests for Regional Hazardous Material Response
Team, disaster preparedness, and training facility
■ Supporting efforts to secure higher levels of cost recovery for DUI's.
■ Supporting efforts to expand the scope of parental responsibility for
crimes committed by minors
■ Supporting efforts to provide the Governor with authority to override the
parole board when anyone convicted of a violent offense is proposed to
be released on parole
TRANSPORTATION
■ Changing gas tax laws to allow local tax for transportation purposes
based on a majority vote of the public (ESTF recommendation)
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■ Increasing transportation funding (including transit; bicycles, others)
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PERSONNEL/EMPLOYEE RELATIONS
■ Further reforming Worker's Compensation
■ Preserving the fiscal integrity of PIERS
■ Opposing binding arbitration and expansion of the "Peace Officers' Bill
of Rights"
■ Monitoring employee healthcare /benefit changes
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PUBLIC WORKS
■ Redefining prevailing wages as "average" local wages
■ Streamlining Federal and State process for funding street projects
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PARKS AND RECREATION
■ Supporting recreational programming, particularly community child care
program development and incentives
■ Supporting funding for: protection of natural resources (e.g., the
Morros), open space, and parks development
■ Supporting efforts to streamline regulatory requirements associated with.
child care and aquatic programs
UTILITIES
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® Providing funding for reclaimed water programs
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■ Supporting clean water grant programs
■ Supporting efforts to enhance local government's ability to comply with
solid waste requirements
.
■ Reaching agreement with the County and north county communities on
solutions for Salinas Reservoir expansion and Nacimiento pipeline
projects
■ Promoting consistency between the City and County General Plans,
especially by opposing urban -like development in areas adjacent to the
City limits, and establishing stronger greenbelt protection. policies
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■ Resolving annexation tax transfer issues (in conjunction with other cities)
with the County and establishing a consistent countywide policy
■ Increasing local funding of the Transit Transfer Center
■ Retaining County offices in the downtown area
■ Revising local emergency medical service response',
■ Improving regional solid waste management
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■ Developing cooperative approaches for providing services on a regional
basis
■ Effectively and cooperatively implementing the Community Development
Block Grant Program
■ Streamlining and consolidating hazardous materials inspection, permit
and fee programs
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RESOLUTION NO. 8397 (1995 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING THE 1994 -1995 ANNUAL CLAIM FOR
TRANSPORTATION DEVELOPMENT ACT FUNDS
TOTALING $913,584
WHEREAS, the San Luis Obispo Council of Governments ("SLOCOG")
has allocated $913,584 of Local Transportation Fund subventions,
which includes Transportation Development Act and State Transit
Assistance funds, to the City of San Luis Obispo ( "City ") for
approved transportation programs and projects; and
WHEREAS, to receive this money, the City must file a claim
with SLOCOG;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of San Luis Obispo, as follows:
1. Approve the Annual Claim for Local Transportation Funds
and State Transit Assistance Funds.
2. Authorize the Transit Manager to execute the claim
documents.
3. Direct the City Clerk to forward one certified copy of
this resolution to:
San Luis Obispo Council of Governments
1150 Osos Street, Suite 202
San Luis Obispo, CA 93401
Upon motion of Vice Mayor Romero , seconded by Council Member Smith
and on the following roll call vote:
AYES: Council Members Romero, Smith, Roalman, Williams and Mayor Settle
NOES : None
ABSENT: None
the foregoing resolution was adopted this 7th day March ,
1995.
Mayor Allen Settle
ATTEST:
Didne Gladwel City Clerk
R -8397
RESOLUTION NO. 8397 (1995 Series)
APPROVED:
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RESOLUTION NO. 8396 (1995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2135 (Units 1 & 2)
(Farm Road -San Luis, a Limited Partnership, Subdivider)
WHEREAS, the City Council made certain findings concerning Tract
2135 as contained in Resolution No. 8158 (1993 Series), and
WHEREAS, all conditions required per Resolution No. 8158 (1993
Series) for Tract No. 2135 have been met and /or are guaranteed under a
Subdivision.Agreement (attached Exhibit "A") and surety to guarantee
Faithful Performance ($ 1,966,500) and Labor & Materials ($ 983,250).
NOW THEREFORE BE IT RESOLVED that final map approval is hereby
granted for Tract No. 2135 (Units 1 & 2) and the Mayor is hereby
authorized to approve the Subdivision Agreement.
On motion of Council Member Williams seconded by Vice Mayor Romero
and on the following roll call vote:
AYES: Council Member Williams, Vice Mayor Romero, Council Members Roalman and Smith
& Mayor Settle
NOES: None
ABSENT: None
the foregoing Resolution was passed and adopted this 21st day o February
1995.
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ATTEST: MAYOR Allen S "tle
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C04L CLERK Dian Gladwell
APPROVED AS TO FORM:
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AT RN J frey Jorgensen
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R- 8'39(0
STANDARD SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this 21 st day of February, IIY Sa7]d
between Farm Road - San Luis, Limited Partnership herein referred
to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein
referred to as the "City."
RECITALS
REFERENCE IS HEREBY MADE to that certain proposed subdivision
of real property in the City of San Luis Obispo, County of San Luis
Obispo, State of California, a description pf which is shown on the
final map of Tract 2135 (Units 1 & 2), City of San Luis Obispo,
California, as approved by the City Council on the 21 st day of
February 1 1995 .
The Subdivider desires that said Tract 2135 (Units -1 & 2) be
accepted and approved as a final map pursuant to the Subdivision
Regulations of the City of San Luis Obispo (Title 17 of the San
Luis Obispo Municipal Cod),and
It is a condition of said regulations that the Subdivider agree
to install the improvements as set forth on the plans therefore.
TERMS AND CONDITIONS:
In consideration of the foregoing, the Subdivider does hereby
agree to construct and install the following subdivision
improvements in accordance with said subdivision regulations, and
in accordance with approved plans and specifications on file in the
office of the City Engineer, City of San Luis Obispo, to wit:
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1. CURB, GUTTERS AND SIDEWALKS
2. STREET BASE AND SURFACING
3. WATER MAINS and SEWER MAINS, including sewer laterals to the
property line and water services to the curb stop.
4. DRAINAGE STRUCTURES
5. ORNAMENTAL METAL ELECTROLIERS
6. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to
the inspection and approval of such facilities by the City,
each public utility shall be required to file a letter stating
that the developer has properly installed all facilities to be
provided by him, and that the said utility is prepared to
provide service to residents upon request.
7. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City
regulations.
All of the above facilities shall be installed in the locations
designated and to the plans and specifications on file and approved
by said City Engineer.
The lines and grades for all of said improvements shall be
established by or under the direction of the Subdivider's Engineer
of Record in accordance with said approved plans and
specifications, who shall update plans during construction and
provide "as- built" or record plans to the City at the end of
construction, prior to release of bond or acceptance of the
improvements. The Subdivider agrees to include the cost of this
work in 'the contract for the design work with the project engineer,
and shall advise the Engineer of Record when construction begins.
The Subdivider agrees to inform the City in writing within ten
(10) days of any reassignment of engineering responsibilities.
Said notice shall include letters of concurrence from both the
2
Engineer of Record releasing responsibility and of the new engineer
accepting responsibility.
The Subdivider agrees that the work of installing the above
improvements shall begin within thirty (30) days from the date of
recording of the final map, and that the work shall be completed
within eighteen (18) months of said recording date, unless an
extension has been granted by the City,•provided that if completion
of said work is delayed by acts of God or labor disputes resulting
in strike action, the Subdivider shall have an additional period of
time equivalent to such period of delay in which to complete such
work. Any extension of time hereunder shall not operate to release
the surety on the Improvement Security filed pursuant to this
agreement. In this connection, the surety waives the provisions of
Section 2819 of the Civil Code of the State of California.
No building permits will be issued nor occupancy granted after
the expiration date of the agreement until completion and
acceptance of all public improvements unless specifically approved
by the City.
The Subdivider does also agree to comply with the conditions
established by the Planning Commission and /or the City Council and
has paid the necessary fees as indicated on the attached Exhibit 1.
The restoration of lost section corners and retracement of
section lines within the Subdivision shall be in accordance with
Article 5, paragraph 8771 et seq., of the Professional Land
Surveyors Act, Chapter 15 of the Business and Professions Code of
the State of California.
3
The Subdivider attaches hereto, as an integral part hereof, and
as security for the performance of this agreement, an instrument of
credit or bond approved by and in favor of the City of San Luis
Obispo, and conditional upon the faithful performance of this
agreement. Said instrument of credit or bond is in the amount of
$1,966,500.00, which is the amount of the estimated cost of said
improvements. Subdivider agrees to remedy any defects in the
improvements arising from faulty workmanship or materials or
defective construction of said improvements occurring within twelve
(12) months after acceptance thereof. In accordance with Sections
66499.7 and 66499.9 of the Government Code of the State of
California, upon final completion and acceptance of the work, City
will release all but 10% of the improvement security, that amount
being deemed sufficient to guarantee faithful performance by the
Subdivider of his obligation to remedy any defects in the
improvements arising within a period of one year following the
completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the
date which the City Council shall, by resolution duly passed and
adopted, accept said improvements according to said plans and
specifications, and any approved modifications thereto. Neither
periodic nor progress inspections or approvals shall bind the City
to accept said improvements or waive any defects in the same or any
breach of this agreement.
If the Subdivider fails to complete the work within the
prescribed time, the Subdivider agrees that City may, at its
4
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option, declare the instrument of credit or bond which has been
posted by Subdivider to guarantee faithful performance, forfeited
and utilize the proceeds to complete said improvements, or city may
complete said improvements and recover the full cost and expense
thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and
materials bond in the amount of 50% of the above described
subdivision improvements in accordance with State law.
Said Subdivider has paid the sum of $36,000..00, from which the
City will pay the salary and expenses of an inspector or inspectors
to inspect the installation of said subdivision improvements. Upon
completion of the work, the Subdivider shall submit written
certification that the work has been completed in accordance with
the plans and specifications and requests acceptance of the work by
the City.
The Subdivider has paid for all labor and material costs
(including normal overhead) incurred by City for installation by
the City of all street name signs and traffic control signs and
striping within the public rights -of -way per City and State
regulations.
Title 16 of the San Luis Obispo Municipal Code, entitled
"Subdivision. "fall plans and specifications on file with said City
Engineer as a part of said Subdivision Map, and all other documents
filed with the City by the Subdivider and approved by the City
Engineer are hereby referred to for further particulars in
5
interpreting and defining the obligations of the Subdivider under
this agreement.
It is understood and agreed by and between the Subdivider and
the City hereto that this agreement shall bind the heirs,
executors, administrators, successors and assigns of the respective
Parties to this agreement.
It is agreed that the Subdivider will furnish copies of the
successful bidder's contract unit prices and total bid prices for
all of the improvements herein referred to.
IN WITNESS WHEREOF, this agreement has been executed by:
CITY OF SAN LUIS OBIS
ATTEST:
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PROVED AS . FORM:
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SUBDIVIDER
Farm Road -San Luis, L.P.,
A California Limited Partnership
:
Farm Road- San Luis General Partner, L.P.
A California Limited Partnership.
General Partner
By Hearthstone Advisors, Inc.
A California Corporation
General Partner
BPS ✓�
Peter Zak , Sr. Vice President
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EXHIBIT 1
SUBDIVISION AGREEMENT ATTACHMENT FOR TRACT 2135 (UNITS 1 & 2)
Tract 2135 (Units 1 & 2 ) is a resubdivision of Lots 1 and 2 of
Tract 1750 (Units 1 & 2). Although certain subdivision improve-
ments have been installed as requirements of Tract 1750 (Units l &
2, including Islay Park) none of the improvements have been
accepted by the City as complete.
The attached subdivision agreement (Exhibit A) between Robin L.
Rossi and the City of San Luis Obispo for Tract No. 1750 (Units 1
& 2) is hereby incorporated into this agreement, by reference, and
all conditions of said agreement are therefore also conditions of
Tract 2135 (Units 1 & 2) except as the plans have been modified
therefor.
Surety bonds currently on file with the City to guarantee the
subdivision improvements for said Tract 1750 (Units 1 & 2) are to
be held to guarantee the installation of all of the subdivision
improvements for Tract 2135 (Units 1 & 2) and Islay Park.
Attachment: Exhibit A [Tract 1750 (Units 1 & 2) subd. agrmt.]
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RESOLUTION NO. 8395 (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN EXCEPTION TO THE CONDOMINIUM.REGULATIONS
ALLOWING AN ALTERNATIVE TO THE SOLAR WATER HEATING REQUIREMENT
FOR A PLANNED UNIT DEVELOPMENT AT 1105 TANK FARM ROAD
(CITY FILE TR 39 -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 condominium regulations exception request for Tract 2135 (City file # TR 39 -93), the staff
recommendations and reports thereon, makes the following findings:
1. Compliance with the condominium regulations requirement for solar heaters would
not be practical because the site design includes use of tile roofs, which are subject
to damage when penetrated, and experience with available solar collectors in this
climate has shown that maintenance problems detract from their usefulness and
energy savings.
2. The variance will not constitute a grant of special privilege; an entitlement
inconsistent with the limitations upon other properties in the vicinity with the same
zoning, because any similar project in the same area with the same zoning would be
entitled to the same consideration of an exception.
3. No feasible alternative to authorizing the exception would satisfy the intent of city
policies and regulations, because authorizing the exception would allow installation
of passive energy - saving methods which would provide greater energy savings than
would the installation of solar heaters, consistent with City policies on energy
conservation.
4. The alternative energy - savings techniques will save more energy over the long term,
with less cost than would the use of solar collectors.
SECTION 2. Approval. The exception request, allowing alternative energy - savings
techniques, is hereby approved.
SECTION 3. Condition. The alternative is approved subject to the following
condition:
R -8395
Resolution no. 8395
Tract 2135 (City file no.
Exception to solar heater
Page 2
(1995 Series)
TR 39 -93)
requirement
1. Plumbing shall be installed in each dwelling unit, to allow installation of solar
collectors by individual homeowners if desired.
On motion of Vice Mayor Romero , seconded by Council Member Smith
_, and on the following roll call vote:
AYES: Vice Mayor Romero, Council Members Smith, Williams, and Mayor Settle
NOES: Council Member Roalman
ABSENT: None
the foregoing resolution w and adopted this 21st day of February , 1995.
Mayor Allen K. Settle
ATTEST:
it Clerk Di ne R. adwell!'
APPROVED:
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RESOLUTION NO. 8394 (1995 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO COUNCIL
ACCEPTING NEGOTIATED EXCHANGE OF PROPERTY TAX REVENUE AND
ANNUAL TAX INCREMENT BETWEEN THE COUNTY OF SAN LUIS OBISPO
AND THE CITY OF SAN LUIS OBISPO FOR THE TK ANNEXATION
AT 154 SUBURBAN ROAD (SLO COUNTY ANNEXATION #f40)
BE IT RESOLVED by the Council of the City of San Luis Obispo, that:
WHEREAS, in the case of a jurisdictional change which will alter the service
area or responsibility of a local agency, Revenue and Taxation Code Section 99(b) requires
that the amount of property tax revenue to be exchanged, if any, and the amount of annual
tax increment to be exchanged among the affected local agencies shall be determined by
negotiation; and
WHEREAS, when a city is involved, the negotiations are conducted between
the City Council and the Board of Supervisors of the County; and
WHEREAS, Revenue and Taxation Code Section 99(b) requires that each local
agency, upon completion of negotiations, adopt resolutions whereby said local agencies agree
to accept the negotiated exchange or property tax revenues, if any, and annual tax increment
and requires that each local agency transmit a copy of each such resolution to the Executive
Officer of the Local Agency Formation Commission; and
WHEREAS, no later than the date on which the certificate of completion of
the jurisdictional change is recorded with the County Recorder, the Executive Officer shall
notify the County Auditor of the exchange of property tax revenues by transmitting a copy of
said resolution to him and the County Auditor shall therefore make the appropriate
adjustments-as required by law; and
R -8394
Resolution N0394(1995 Series)
Page 2
WHEREAS, the negotiations have taken place concerning the transfer of
property tax revenues and annual tax increment between the County of San Luis Obispo
and the City of San Luis Obispo pursuant to Section 99(b) for the jurisdictional change
designated as Annexation No. 40 to the City of San Luis Obispo (TK Annexation); and
WHEREAS, the negotiating parties, to wit- Paul Hood, Principal
Administrative Analyst, County of San Luis Obispo, and Ken Hampian, Assistant City
Administrative Officer, have negotiated the exchange of property tax revenue and annual
tax increment between such entities as hereinafter set forth; and
WHEREAS, it is in the public interest that such negotiated exchange of
property tax revenues and annual tax increment be consummated.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Luis Obispo, as follows:
1. That the recitals set forth above are true, correct, and valid.
2. That the City of San Luis Obispo agrees to accept the following
negotiated exchange of property tax revenues and annual tax increment:
(a) No base property tax revenue shall be transferred from the
County of San Luis Obispo to the City of San Luis Obispo.
(b) Annual tax increment in an amount to be determined by the
County Auditor, based upon the following percentage agreed to by the negotiating
parties, 13.78343 percent, shall be transferred from the County of San Luis Obispo to the
City of San Luis Obispo in the fiscal year 1996 -97 and each fiscal year thereafter.
8394.
Resolution No. (1995 Series)
Page 3
3. Upon receipt of a certified copy of this resolution and a copy of the
recorded certificate of completion, the County Auditor shall make the appropriate
adjustments to property tax revenues and annual tax increments as set forth above..
4. That the City Clerk is authorized and directed to transmit a certified
copy of the resolution to the Executive Officer of the San Luis Obispo Local Agency
Formation Commission, who shall then distribute copies in the manner prescribed by law.
On. motion of Vice Mayor Romero ,seconded by Council Member
Williams , and on the following roll call vote:
AYES: Vice Mayor Romero, Council Members,Williams, Roalman, Smith, &Mayor Settle
NOES: None
ABSENT None
the foregoing resolution was passed and adopted this 21st day of February 1995.
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Mayor Allen K.. Settle
ATTEST:
ty Clerk Diane R PlaAdYell
APPROVED:
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VICINITY MAP I TK ANNEXATION NORTH
154 SUBURBAN ROAD
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ATTACHMENT A
State of California Disaster "nber
OFFICE OF Federal i — Aumber
EMERGENCY SERVICES State Application Number
DESIGNATION OF
APPLICANT'S AGENT RESOLUTION
Resolution No. 8393 (1995 Series)
BE IT RESOLVED BY THE. City Council , OF THE i ty of San . t • c Obi -pn- California
Mcard of Directors or Governing Body) (Name of Organization)
THAT Allen Settle I Mayor
(Name of Designated Agent) OR Iritlel
Ken Hampian Assistant City Administrative Officer
(Name of Designated Agent) mtle)
OR
(Name of Designated Agent)
(Title)
is hereby authorized to execute for and in behalf of the City of San Luis Obispo, CA a public entity
Marine O roan anon
established under the laws of the State of California, this application and to file it in the Office of Emergency Services
for the purpose of obtaining. certain federal financial assistance under P.L. 93 -288 as amended by the Robert T. Stafford
Disaster Relief and Emergency Assistance Act of 1988, and /or state financial assistance under the Natural Disaster
Assistance Act for Winter Storms 1995 which occurred in January 4 of 1995
(Fire, Flood. EeRhduake. etc.) Ibilanth/Date) (Year)
THAT the City of San Luis Obispo. CA a public entity established under the laws of the State of
01 t anwuwlll
California, hereby authorizes Its agent to provide to the State Office of emergency services for all matters pertaining to
such state disaster assistance the assurances and agreements required.
Passed and approved this 1 day of February 19 95
eta onmT een
Mayor Allen K. Settle
IName and Title of Approving Board or Council Memberl
Vice Mayor Dave Romero
(Name and Title of Approving Board or Council Memberl
Council Members Bill Roalman, Kathy Smith, Dodie Williams
(Name and Title of Approving Board or Council Memberl
CERTIFICATION
Diane R. Gladwell duly appointed and City Clerk of
Memo) (rate of Clark at Certey)ng Ofriciall
City of San Luis Obispo do hereby certify that the above is a true and correct copy of
(Name of Organization)
a resolution passed and approved by the City Council of the
(Board of Directors or Governing Body)
City of San Luis Obispo on the 21st day, of February 1895
(Name of Organization) (Date) - (Month) (Year)
Date: February, 22, 1995
- G rk rtdylnp ORieull
OES Form 130 (Rev 8194) DAB Form
94353
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ATTACHMENT C
>:aie of Cs•.,vn.a -� A- �reement No. FEMA-
OFFICE OF
EMERGENCY SE- nVICES � 1-.H. No.
PROJECT APPLICATION FOR FEDERAL ASSISTANCE
Subgrantee's Name: City of San Luis Obispo, CA Organization Unit:
INkm 01 Orpaf%aaf:on) IDecan"wni;Agency - .1%aD6"Wei
Street/P.O. Box: 990 Palm Street City /State: San T.,;i c Ohf cpo . CA
County:. San Luis Obispo Zip Code: 93401 Telephone: (805) 781 -7123'
Authorized Agent: Ken Hampian Title:Assistant City Administrative Officer
ASSURANCES - CONSTRUCTION PROGRAMS
Note: Certain of these assurance may not be applicable to your project or program. If you have questions, please
contact the awarding agency. Further, certain federal assistance awarding agencies may require applicants to
cern to additional assurances. If such is the case, you will be notified.
As the duly authorized representative of the applicant I certify that the subgrantee named above:
1. Has the legal authority to apply for federal assistance, and the institutional, managerial-p-nd fnancial capability
(including funds sufficient to pay the non- federat share of project costs) to ensure proper planning, management and
completion of the project described in this application.
2. Witl give the awarding agency, the Comptroller General of the United States, and if appropriate, the state, through any
authorized representative, access to and the right to examine all records, books, papers, or documents related to the
assistance; and will establish a proper accounting system in accordance with generally accepted accounting standards
or agency directives.
3. Will not dispose of, modify the use of, or change the terms of the real property title, or other interest in the site and
facilities without permission and instructions from the awarding agency. Will record the federal interest in the title of
real property in accordance with awarding agency directives and will include a covenant in the title of real property
acquired in whole or in part with federal assistance funds to assure nondiscrimination during the useful life of the
project.
4. Will comply with the requirements of the assistance awarding agency with regard to the drafting, review and approval
of construction plans and specifications.
5. Will provide and maintain competent'and adequate engineering supervision at the construction site to ensure that the
complete work conforms with the approved plans..and specifications and will furnish progress, reports and such other
information as may be required by-tre assistance awarding agency or state.
6. Will initiate and complete the work within the applicable time frame after ieeeipt of approval of the awarding.ageney.
7. Will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the
appearance of personal or organizational conflict of interest; or personal gains.
E. Will comply with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. li li 4801 at seq.) which prohibits the use of
lead based paint in construction or rehabilitation of residence structures.
S. Will comply with all federal statues relating to nondiscrimination. These include but are.not limited to: (a) Title VI of the
Civil Rights Act of 1964 . (P.L. 88.352) which prohibits discrimination on the basis of race, color or national origin; (b)
Title IX of the Education Amendments of 1972, as amended (20 U.S.C. I1 1681 -1683 and 1685 -1686) which
prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabijiation Act of 1973, as amended 129 U.S.C. i
794) which prohibit discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as amended (42
U.S.C. I1 6101.6107) which prohibits discrimination on the basis of age: (e) the Drug Abuse Office and Treatment Act
of 1972 (P.L. 93-255) as amended, relating to nondiscrimination on the basis of drug. abuse; If) the Comprehensive
Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616) as amended, relating
to nondiscrimination on the basis of alcohof abuse or alcoholism: (g) 11 523 and 527 of the Public Health Service Act
of 1912 142 U.S.C. 290 dd-3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient
records; IN Title Vlll of the Civil Rights Act of 1968 (47 U.S.C. 1 3601 et sec.), as amended, relating to
nondiscrimination in the sale rental or financing of housing; (i) any other nondiscrimination provisions in the specific
statutes) under which application for federal assistance is being made, and (j) the requirements on any other
nondiscrimination statute(s) which may apply to the application.
110. Will comply, or has already corr"v_d, with the requirements cf Tires 11 and %-V he Un,form Relocation Assistance and
Real Property Acquisition Polic ct of 1970 (P.L. 91.546) which provides air and equitable treatment of persons
displaced or whose property is'acquired as a result of federal and federally assisted programs. These requirements
apply to all interests in real property acquired for project purposes regardless of federal participation in purchases.
11. Will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of
1973 (P.L. 93 -234) which requires recipients in a special flood hazard area to participate in the program and to
purchase flood insurance if the total cost of insurable construction and acquisition is $5,000 or more.
12. Will comply with environmental standards which may be prescribed pursuant to the following: (a) institution of
environmental quality control measures under the National =Environmental Policy Act of 1969 (P.C. 91.1 90) and
Executive Order (EO) 11514; (b)' notification of violating facilities pursuant to EO 11738; (c) protection of wetlands
pursuant to EO 1 1990: (d) evaluation of flood hazards in floodplains in accordance with ED 11988; (e) assurance of
project consistency with the approved state management program developed under the Coastal Zone Management Act
of 1972 (16 U.S.C. 14 1451 at seq.): (f) conformity of federal actions to State (Clean Air) Implementation Plans under
Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 1 7401 at seq.): (g) protection of underground
sources of drinking water under the Safe Drinking Water Act of 1974, as amended. (P-L-. 93 -523); and (h) protection of
endangered species under the Endangered Species Act of 1973, as amended, (P.O. 93 -205).
13. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. If 1271 et.seq.) related to protecting components
or potential components of the national wild and scenic rivers system.
14. Will assist the awarding agency in assuring compliance with Section '106 of the National Historic Preservation Act of
1966, as amended (16 U.S.C. 470), EO 11593 (identification and preservation of historic properties), and the
Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 at seq).
15. Will cause to be performed the required financial and compliance audits in accordance with the Single Audit Act of
1984.
16. Will comply with all applicable requirements of all other federal laws, Executive Orders, regulations and policies
governing this program.
17. Has requested through the State of California, federal financial assistance to be used to perform eligible work approved
in the subgrantee application for federal assistance. Will, after the receipt of federal financial assistance, through the
State of California, agree to the following:
a. The state warrant covering federal financial assistance will be deposited in a special and separate account, and
will be used to pay only eligible costs for project described above;
b. -�To return' to the State of Califonaia such part of the funds so reimbursed pursuant to the above numbered
application which are excess to the approved, actual expenditures as accepted by final audit of the federal
government or the State Controller, or both.
c. In the event the approved amount of the above numbered project application is reduced,. the reimbursement
applicable to the amount of the reduction will be promptly refunded to the State of California.
The undersigned represents that he, is authorized by the above named subgrantee to enter into this agreement for and on
behalf of the said subgrantee.
Assistant'City Administrative Officer
TITLE
Z-ZY -9�
DATE
ane rim oes 119 IN. 91941
ATTACHMENT D
PUBLIC ASSISTANCE OVERVIEW
DISASTER EVENT
Federal (Presidential)
Declaration
Local Government Applicant Completes: Private Nonprofit
State Agency 1. NOI
2. List of Projects (Exhibit B) PNP Completes Questionnaire
Submits Tax Info/Articles of Inc
Project Application Number DES and FEMA verify eligibility
and Inspection Team
Assigned
Local Government
Subgrantee
State DSR Written
DES Sends State
Obligation to the
Subgrantee
Subgrantee Completes
Exhibit D and NDAA
Form 3
State Share Paid
I 100°6 of
FEMA Share
Advanced
Inspection team surveys
damage and prepares DSR
DSRs reviewed by
DSRs approved by FEMA
OES receives supplement from
FEMA and transmits to subgrantee
Small Project DSR?
Subgrantee Finishes All Work
and Requests Final Inspection
Historic Review U NEPA Review U AIE Review
Subgrantee �, Federal Share of
Completes Expenditures Paid
Form 131 Less Retention
OES Assigns Inspector to do Final Inspection I
Retained Funds Paid
Subgrantee Retains Records For 3 Years
/ �/
✓ln' � � ;�
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� � 1
RESOLUTION NO. 8392 (1995 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' ASSOCLATION FOR THE PERIOD OF JULY 1, 1994 - JUNE 30, 1996
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo Police Officers' Association, attached hereto as Exhibit "A" and
incorporated herein by this reference, is hereby adopted and ratified.
Section 2. The Finance Director shall adjust the Personnel Services appropriation
accounts to reflect the negotiated compensation changes.
Section 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by Gary Nemeth, San Luis Obispo Police
Officers' Association President, and Wendy George, Acting Personnel Director.
On motion of Vice :Mayor.Romero ,.:;:seconded by Council Member Williams
and on the following roll call vote:
AYES: Vice Mayor Romero; Council Members Williams, Roalman, Smith & Mayor Settle
NOES: None
ABSENT: None
n oln)
Resolution No.8392 (1995 Series)
Page 2
the foregoing Resolution was passed and adopted this 21st day of February, 1995._
MAYOR ALLEN SETTLE
ATTEST:
APPROVED AS TO FORM:
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
POLICE OFFICERS' ASSOCIATION
JULY 1, 1994 JUNE 30, 1996 .
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Article No.
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TABLE OF CONTENTS
Title
Page No.
Preamble ............................
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Recognition ...........................
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Check Off /Dues Deduction ................
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Employee Rights .......................
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Management Rights .....................
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Representative Role .....................
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Salary..............................
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Master Police Officer Program .............
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Communications Training Officer Program .....
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Overtime - Sworn .....................
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Roll Call Briefing ......................
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Overtime - Non -Sworn ..................
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Guaranteed Minimums - Returning To Work ....
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Work Out -Of -Grade ....................
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Standby ............................
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Education Incentive ....................
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Uniform Allowance ....................
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Health Care Insurance ..................
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Retirement ..........................
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Seniority ............................
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Holidays ............................
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Vacation ............................
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Sick Leave ..........................
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Bereavement Leave ....................
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Workers' Compensation Leave .............
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General Provisions .....................
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Policy and Procedure Committee ...........
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Working Conditions ....................
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Definitions ..........................
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Grievance Procedure ...................
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Layoffs .............................
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Work Actions .................. .. ...
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Communication Process .................
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Full Agreement .. ....... ..........
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Savings Clause .....................
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Renegotiations .......................
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Term of Agreement .....................
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Appendix A ...........................
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ARTICLE 1
PREAMBLE
This Agreement is made and entered into this 21st day of February, 1.995, by and
between the City of San Luis Obispo, hereinafter referred to as City, and the San
Luis Obispo Police Officers' Association.
The purpose of this Agreement is to promote the improvement of personnel
management and employer /employee relations, provide an equitable and peaceful
procedure for the resolution of differences and establish rates of pay and other
terms and conditions of employment.
The City and the Police Officers' Association agree that all employees of the City
share in the important responsibility of providing superior service to the public and
that every job and position is considered to be important.
Nothing in this Agreement between the parties shall invalidate or be substituted for
any provision in City Resolution No. 6620 (1989 Series) unless so stipulated to by
1provision(s) contained herein and agreed to.
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ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620
(1989 Series), the City hereby recognizes the San Luis Obispo Police Officers'
Association as the bargaining representative for purposes of representing regular
and probationary employees, occupying the position classifications set forth in
Appendix A, in the Police Unit with respect to their compensation, hours and other
terms and conditions of employment for the duration of the Agreement.
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ARTICLE 3
CHECK OFF /DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the
Association treasurer for the,duration of this Agreement, which dues shall not
include assessments.
Dues deduction, additions, and /or deletions shall be recorded.by the City's Finance
Officer and a notification of all dues transactions. shall be .sent monthly to the
Association President.
The Association shall hold the City harmless from any and all claims, and will
indemnify it against any unusual costs in implementing these provisions.
Additional provisions can be found in Section 20 of Resolution No. 6620 (1989
I Series).
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ARTICLE. 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the
activities of employee organizations of their own choosing for the purpose of
representation on all matters of employer- employee relations including, but not
limited to, wages, hours and other terms and conditions of employment.
Employees of the City, also shall have the right to refuse to join or participate in the
activities of employee organizations and shall have the right to represent
themselves individually in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced or discriminated against
because of the exercise of these rights.
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ARTICLE 5
MANAGEMENT RIGHTS
'The rights of the City include, but 4re' not lirnited to; the exclusive right to
determine the mission of its constituent departments, commissions and boards; set
standards of service; determine the procedures and standards of selection for
employment and p -romotion; direct its employees; take disciplinary action; relieve
its employees from-duty because of lack of work.or for other legitimate reasons;
maintain the efficiency of� government operations; determine the methods, means
and personnel by which government operations are to be conducted; determine the
content of the:.job classifications; take:_aR necessary actions to carry out its mission
in emergencies; and exercise complete control and discretion over its organization
and the technology for performing its work..
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ARTICLE 6
REPRESENTATIVE ROLE
Members of any recognized employee organization may; by a reasonable method,
select not more than three employee members of such organization and one
employee observer to meet and confer with the Municipal Employee Relations
Officer and other management officials (after written certification of such selection
is provided by an authorized official of the organization) on subjects within the
scope of representation during regular duty or work hours without loss of
compensation or other benefits. The employee organization shall, whenever
practicable, submit the name(s) of each employee representative to the Municipal
Employee Relations Officer at, least two working days in advance of such meetings.
Provided further-:
(1) That no employee representative shall leave his or her duty or work
station or assignment without specific approval of the department
head or other authorized City management official. If employee
representatives cannot be released, date of meeting will be
rescheduled in accordance with item (2) below.
(2) That any such meeting is subject to scheduling by City management
consistent with operating needs and work schedules. Nothing
provided herein, however, shall limit or restrict City management from
scheduling such meetings before or after regular duty or work hours.
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ARTICLE 7
SALARY
7;1 Rules Governing Step Increases
The rules: governing step increases for employees covered by this MOA are
included in the .current Salary Resolution with the following modification:
The department head shall be authorized, to reevaluate employees, who. reach
Step 5 in their pay range. An employee who''is not, performing up to
standard for the fifth step shall be notified m, writing that the department
head intends to reduce him one step unless his.job performance improves
significantly within ar.60 -day period. Unless the employee's job performance
improves to an acceptable level by the end of 60 days, the pay reduction
shall then become effective. The fifth step may be reinstated. at 'any time
upon.recommendation of the department head.. If the department head
deems it necessary to again remove the fifth step, during the same fiscal
year, he may make the change, at any time with three business days'
advanced written notice.
Each salary range consists of five steps (1 through 5). Steps 1 through 4
equal 95% of the next. highest step, computed to the nearest one dollar.
Step 4 = 95% of Step 5
Step 3 = 95% of Step 4
Step 2 = 95% of Step 3
Step 1 = 95% of Step 2
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Each across - the -board % salary increase shall raise step 5 of the lowest
Police Association range by the %. Step 5 of each successive salary range
will be 2.6% above step 5 of the next lower range. After all step 5's of
salary ranges have been established, each step 5 shall be rounded off to the
nearest $1.00 and the remaining steps established in accordance with the
above formula.
Employees who are eligible for advancement to step 4 or 5 must receive a
°Meets Performance Standards" or better on the overall rating on their most
recent Performance Appraisal prior to or coincident with their being eligible
for advancement by time in grade.
7.2 Salary Increases for Term of Agreement
Salary increases will be paid on the first day of the, first full pay period
closest to the dates listed below:
September 15, 1994 Sworn personnel 2.5%
Non sworn personnel 2.5%
July 1, 1995 Sworn personnel 2.5%
Non sworn personnel 2.5%
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7.3 Salary
Range Listing
- July
1994 Through
June
1996
September 15, 1994
1,670
1,760
1,852
700 Police Officer 2,843
2,994
3,149
3,320- ;
Step A
Step B
Step C
Step D
Step E Step F Step G Step H
Salary
Position
Monthly/
Monthly/
Monthly/
Monthly /,
Monthly / Monthly/ Monthly/ Monthly/ 1.
Range
. Title
Bi- Weekly Bi- Weekly Bi= Weekly BI-Weekly Bi -- Weekly Bi- Weekly Bi- Weekly Bi- Weekly
512
Field Service
2,392
2,521
2,652
. 2,792
2,940
Technician
1,104
1,163
1,224
1,288
1,357
512
Communications
2,392
2,521
2,652
2,792
2,940.
Technician 1
1,104
1,163
, 1,224
1,288
1,357
524 Evidence 3,265
3,438
3,618
3,813
4,013
Technician 1,507
1,587
1,670
1,760
1,852
700 Police Officer 2,843
2,994
3,149
3,320- ;
3,491 3,673 3,866
1,312
1,382
1,453
1,532
1,611 1,695 1,785
July 1, 1995
2,452
2,583
2,718
2,860
3,014
Technician 1
Step A
Step B
Step C
Step D
Step E Step F Step G Step H
Salary Position
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/ Monthly/ Monthly/ Monthly/
Range Title
Bi- Weekly BI- Weekly 131- Weekly BI- Weekly BI-Weekly M- Weekly Bi- Weekly Bi- Weekly
512 Field Service
2,452
2,583
2,718
2,860
3,014
Technician
1,132
1,192
1,255
1,320
1,391
512 Communications
2,452
2,583
2,718
2,860
3,014
Technician 1
1,132
1,192
1,255
1;320
1,391
524 Evidence
3,347
3,524
3,709
3,909
4,113
Technician
1,545
1,627
1,71.2
1,804
1,898
700 Police Officer 2,914 3,069 3,227 3,402 3,578 3,764 3,964 4,173
1,345 1,417 1,489 1,570 1,651 1,737 1,830 1,926
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ARTICLE 8,
MASTER POLICE OFFICER PROGRAM
8.1.0 This program will be implemented January 1, 1991 and at that time all
assignment allowances including the education incentive program for
sworn personnel will be cancelled. This program will remain in effect
through June 30, 1995.
8.1.1 The speciality assignments included in this program are:
Field Training Officer
Investigator (Detective Division)
Traffic Officer (Traffic Division)
Crime Scene Investigator
8.1.2 To be eligible for compensation under this program an employee must
receive and maintain at least a "Meets Performance Standards" rating on
their evaluation.
8.1.3 Compensation under this program shall in no case exceed two steps on the
salary range.
8.1.4 Requirements:
Master Police Officer I
1. Two full years at 5th step of the salary range.
2. Must have obtained an Intermediate POST certificate.
3. Must have successfully completed two years in a speciality
assignment.
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4. Compensation: Police Officer 5th step times 5.26% (6th step):
Master Police Officer II
1. Two full years at the Master Police Officer I level (or 4 years at 5th
step at the time; of implementation January, 1991.
2. :Must, have obtained an Advanced POST certificate.
3. Must have successfully completed. two years in a second (separate)
speciality assignment.
4. Compensation: Police Officer 5th step times 10.52% (7th step).
5. Officers at this level will be permitted to wear an insignia, recognizing
this status. The insignia will be determined by the Chief with input
from the Association:
8.2.0 Effective July 1, 1995, the Master Police Officer Program shall be as
follows:
The specialty assignments included in this program are:
Field Training Officer 2 years
S.O.R.T. 2 years
Traffic Officer 4 years
Investigator 4 years
Crime Scene Investigator 4 years
Range Master* 4 years.
• Applicable for MPO III only.
8.2.1 To be eligible for compensation' under this program, an employee must
receive and maintain at least a "Meets Performance Standards" rating on
their evaluation.
8.2.2 Compensation under this program shall in no case exceed three steps on
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1 the salary range.
2 8.2.3 Master Police Officer 1
3 Two full years at 5th step of the salary range..
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Must have obtained an Intermediate POST certificate.
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6 Must have successfully completed two years in a specialty assignment.
7 Compensation: Police. Officer 5th Step times 5.26% (6th Step)
8 8.2.4 Master Police Officer II
9 Two full years at the. Master Police Officer I level.
10 Must. have obtained an Advanced POST certificate.
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Must have successfully completed two years in a second separate
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13 assignment.
14 Compensation: Police Officer 5th Step times 10.52% (7th Step)
15 8.2.5 Master Police Officer III
16 Two full years at the Master Police Officer II level.
17 Twelve years in law enforcement.
18 Must have successfully completed two years in a third specialty
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20 assignment. (Reassignment, with a break in service, to the same
21 assignment will be credited as a third assignment.)
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23 One of the specialty assignments must have.been (or be) for four full years.
24 To be credited for purposes of compensation, an officer shall be required to
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complete the terms of any specialty assignment unless early departure for
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good cause'is /was authorized by the Chief of _P.olice. Departure for any
other reason will forfeit MPO compensation at the time of departure.
Compensation: Police Officer .5th Step times 15.78% (8th Step).
Officers at the MPO III level will be permitted to wear a 2 stripe insignia
(otherwise recognized -as Corporal stripes) recognizing.their status as
determined by Department uniform policy.
Effective September: 15, 1994 the 'following conditions will take effect.
1. Any employee who has previously held a specialty assignment in
SORT, but did not complete the stated :time requirements as stated
above, (except for disciplinary removal) will be credited with two
years service in that specialty assignment.
2. Current SORT incumbents shall be retained in that specialty
assignment for 2 years.
3. Any officer who has successfully completed two years service in any
of the specialty assignments to be implemented July 1; 1.995; shall
receive full credit for that assignment for MPO III purposes only.
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ARTICLE 9
COMMUNICATIONS TRAINING OFFICER PROGRAM
Effective January 1, 1990, it is understood and agreed that the Communications
Training Officer Program shall- be established. The CTO program is intended to
give the trainee instruction, direction, supervision, guidance and experience. The
CTO program also serves to aid in determining if-the trainee meets all the
requirements to successfully complete the probationary period.
This program provides for the specialty assignment of a maximum of three (3)
Communications Training Officers who serve at the pleasure of the Chief of Police.
Procedures for the selection of the CIO's and requirements for the assignment are
incorporated in the departmental operations manual. Compensation for such
assignment shall be a one step (5.26 %) increase in base pay for that period of time
a CTO is actually training a new employee. CTO pay shall commence the first day
of the first full pay period after the trainee is assigned to the CTO.
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ARTICLE 10'
OVERTIME- SWORN
10.1 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.
10.2 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.
10.3 COMPENSATION
A. Overtime hours 161 through 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 (1 1/2) the
employee's regular rate of pay or in time off compensated at
.time and one half (1 1/2). 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
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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
employee's regular rate of pay.
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1 ARTICLE 11
2 ROLL CALL - BRIEFING.
3 Employees who are required to attend roll call briefing and do, shall be paid for
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such attendance. Payment shall be considered overtime and paid as such if the
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6 hours fall within the definition of overtime.
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ARTICLE 12
OVERTIME - NON -SWORN
12.1 DEFINITION
Overtime is defined as all hours worked in excess of forty (40) hours worked
in a work week. Vacation, holidays, sick leave, IOD and compensatory time
off, shall be considered hours worked when computing overtime.
12.2 ELIGIBILITY
All non -sworn employees covered by this Agreement shall be eligible for
overtime pay.
12.3 COMPENSATION
Overtime shall be compensated in cash at one and one half (1 1/2) times the
employee's regular rate of pay.
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1 ARTICLE -1.3
2 GUARANTEED MINIMUMS FOR RETURNING TO WORK
3 Whenever an employee is required by the department to return to work.outside of
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the employee's' normal work hours, if a minimum applies as found in this article,
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then the employee has the choice of taking the minimum or taking the pay for the
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7 work actually performed, whichever is larger.
8 13.1 SCHEDULED RETURN TO WORK
9 Court Time
10 (a) Employees reporting for court duty shall be guaranteed two hours
11 minimum payment at straight time when assigned to the day watch or
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three hours minimum. at straight time when assigned to night watch,
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14 (b) Two or more court cases occurring within the minimum time period
15 shall be subject to a single minimum payment.
16 training
17 Employees called back for training sessions authorized by the Police Chief or
18 Watch Commander shall be guaranteed two -hour minimum payment at
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straight time:_
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21 Range Qualification
22 (a) Sworn personnel shall be guaranteed two hours at straight time when
23 participating in range qualification training when off duty:'
24 (b) Each sworn employee "who shoots for qualification shall be provided
100 rounds of practice ammunition during that month.
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1 13.2 NON - SCHEDULED RETURN TO WORK
2 ICa l Back
3 Employees called back to work at other than their normally scheduled shift
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shall be guaranteed two -hour minimum payment at time- and - one -half.
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ARTICLE 14
WORK OUT -OF -GRADE
Employees temporarily assigned to work in a higher classification shall receive one
step (5.26 %) additional pay but in no case more than-the top step for the higher
classification under to following conditions:
1. The assignment exceeds ten consecutive work days, in which case
the step increase becomes effective on the first work day.
2. The person being temporarily replaced is on extended sick or disability
leave or the position is vacant and an examination is pending..
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ARTICLE 15
STANDBY
15.1 DEFINITION
Standby is that circumstance which requires an employee assigned by -the
department to 1) be ready to respond immediately to a call for service, 2) be
readily available at all hours by telephone or other agreed upon
communication equipment, and 3) refrain from activities which might impair
his /her assigned duties upon call.
The parties agree that. employees on standby, as defined above, are "waiting
to be engaged." The parties further agree there is no intent to waive any
individual rights under FLSA.
15.2 COMPENSATION
Non - investigator
(a) Sworn personnel placed on standby shall be compensated one hour's
pay for each five (5) hours standby.
(b) Such employees shall be paid a minimum of three (3) hours straight
time when on standby.
Investigator
(a) Investigators placed on standby shall be compensated twelve dollars
($12.00) per day Monday through Friday, and sixteen dollars ($16.00)
per day for other days of standby.
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1 (b) Standby shall be rotated among the assigned investigators. Normally,
2 the standby assignment shall be for one (1) week.
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ARTICLE .16
EDUCATION INCENTIVE
The educational incentive pay plan shall continue as described below for non-
sworn personnel for the term of this agreement.
A. BASIC BENEFITS. Education incentive pay shall not begin until one year
after employment with the City of San Luis Obispo, but credit will be given
for approved education obtained prior to that time. The basic benefit for
employee's employed prior to July 1, 1981, will consist of one -half (1/2)
step above the base salary for possession of an A.A., or equivalent degree
from an accredited community or junior college, or 60 or more semester
units, or a city- approved equivalent, towards a B.A. degree; and one full
step for a B.A. Total incentive pay shall in no case exceed one step.
B. JOB RELATED FIELDS. Degrees must be either in directly job related fields
or include at least 30 semester, or city- approved equivalent, units in the
case of an A.A. or A.S. degree, and at least 60 semester, or city- approved
equivalent, units in the case of a B.A. or equivalent degrees leading toward
the appropriate degree with a grade of "C" or better.
C. APPLICATION AND APPROVAL. Application for the incentive pay shall be
made by the employee to the department head at least 30 days before the
date the payment of the incentive pay is to be effective. Approval of the
department head and the Personnel Director shall be required.
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D. UNSATISFACTORY PERFORMANCE. In the event an employee receiving the
incentive pay is not performing up to the established standards set for the
job, the department head with the concurrence of the Administrative Officer
may suspend payment of the incentive pay or Step 5 of the salary range, but
not both, until such time as the employee's performance comes up to the
standard level, in the opinion of the department head and concurred in by
the Administrative Officer.
E. NON - APPLICABILITY. Educational incentives shall not be paid for education
received on City time. The education incentive will be removed if the
employee is promoted to a position which does not entitle employees to
such incentives.
F. TUITION AND BOOKS. If an employee holds a position which does not
qualify him for incentive pay, the employee will be eligible to receive
payment for 50% of tuition and books for approved job - related courses upon
satisfactory completion of same with a grade of "C" or better.
G. NEW EMPLOYEES. The basic benefit for employee's hired on or after July
1, 1981, shall be a five percent step increase for a period of one fiscal year
if during the previous fiscal year the employee has successfully completed --
i.e., grades of "C" or better in all courses -- a minimum of nine semester
units of college level classroom work, or City- approved equivalent, approved
by the Chief of Police, provided that this benefit shall be payable only for
classroom work done after completion of the probationary period.
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ARTICLE 17
UNIFORM ALLOWANCE
17.1 Each employee required to wear a uniform shall receive an annual uniform
allowance as provided below and is expected to purchase and maintain in
good repair all required uniform pieces.
17.2 The uniform allowance shall be:
1 July 1994 $725.00
1 July 1995 $750.00
This shall be issued to the employee each July in a lump sum payment on a
separate check exclusive of any taxes or other withholding unless
specifically required by federal or state law.
If an employee is off duty for more than three (3) pay periods, the following
July's allowance should be reduced by the appropriate prorated amount.
17.3 Sworn employees not required to wear a uniform shall receive an allowance
of $300.00 annually in the same method as above.
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ARTICLE 18
HEALTH CARE INSURANCE
18.1 CONTRIBUTION
City shall contribute $400.00 per month for Cafeteria Plan benefits for each
regular, full time employee covered by this agreement. Less than full -time
employees shall receive a prorated share of the City's contribution.
Effective August 15, 1995, the City contribution shall be increased to
$415.00 per month for each regular, full time employee.
18.2 INSURANCE COVERAGE
PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program with
the "unequal contribution option" at the PERS minimum contribution rate,
currently $16.00 per month for active employees and $1.00 per month for
retirees. The City's contribution toward retirees shall be increased by five
(5 %) percent per year of the City's contribution for the active employees
until such time as the contributions for employees and retirees are equal.
The City's contribution will come out of that amount the City currently
contributes to employees as part of the Cafeteria Plan provided to
employees in their various MOA's. The.cost of the City's participation in
PERS will not require the City to expend additional funds toward health
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insurance beyond what is already provided for in the various bargaining
agreements. In summary, this cost and any increases will be borne by the
employees.
18.3 Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to
participate in the PERS Health Benefit Program and may receive the unused
portion of the City's contribution (after dental and vision insurance is
deducted) in cash in accordance with the City's Cafeteria Plan. Those
employees will also be assessed $16.00 per month to be placed in the
Retiree Health Insurance Account. This account will be used to fund the
City's contribution toward retiree premiums and the City's costs for the
Public Employee's Contingency Reserve Fund and the Administrative Costs.
However, there is no requirement that these funds be used exclusively for
this purpose nor any guarantee that they will be sufficient to fund retiree
health costs, although they will be used for negotiated employee benefits.
118.4 Dental and Vision Insurance /Dependent Coverage
Employees will be required to participate in the City's dental and vision plans
at the employee only rate. Should they elect to, cover dependents in the
City's dental and vision plans, they may do so, even if they do not have
dependent coverage under PERS.
18.5 Representation On A Medical Plan Review Committee
The Association shall appoint one voting representative to serve on a
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I Medical Plan Review Committee. In addition, the Association may appoint
2 one non - voting representative to provide a wider range of viewpoint for
3 discussion.
4
A. Duties and Obligations of the Medical Plan Review Committee
5
6 The duties and obligations of the Medical Plan Review Committee
7 shall be to:
8 1. Review and suggest changes for the City's flexible benefits plan
9 and the insurance plan offered under the MOA.
10 2. Submit to the City and its employee associations
11 -
recommendations on proposed changes for the City's flexible
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13 benefits plan and the insurance plans offered under the MOA.
14 3. Disseminate information and educate employees about the
15 City's flexible benefits plan and the insurance plans offered
16 under the MOA.
17 4. Participate in other related assignments requested by the City
18
and its employee associations.
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B. Miscellaneous
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21 1. The actions of the Medical Plan Review Committee shall not
22 preclude the Association and the City from meeting and
23 conferring.
24 2. No recommendation of the Medical Plan Review Committee on
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matters within the scope of bargaining shall take effect before
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completion of meet and confer requirements between the City
and the Association.
3. If changes to the City's flexible benefits plan are subject to
meet and confer requirements, the City and the Association
agree to meet and confer in good faith.
4. In performing its duties, the Medical Plan Review Committee
may consult independent outside experts. The City shall pay
and fees incurred for this consultation, provided that the City
has approved the consultation and fees in advance.
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C -� v
ARTICLE 19
RETIREMENT
19.1 The City agrees to provide the Public Employees' Retirement System's 2%
at age 50 plan to all sworn personnel and 2% at age 60 for all non -sworn
personnel. The 2% at age 50 plan includes four amendments, namely, Post
Retirement Survivor Allowance, the 1959 Survivor's Benefit, age 50
voluntary retirement, and one -year final compensation (except all employees
hired as sworn officers on or after 1 July 1987 shall have their final
compensation for retirement purposes figured on their highest three (3)
years) and conversion of unused sick leave credit to additional retirement
credit. The 2% at 60 plan has three amendments, 1959 Survivor's Benefit,
one year final compensation, and conversion of unused sick leave to
additional retirement credit.
19.2 In addition to the employer contribution paid by the City, the City will pay
the employee's contribution to P.E.R.S. to a maximum of 9% for sworn
personnel and 7% for non -sworn personnel.
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ARTICLE 20
SENIORITY
Effective with the April 1995 shift rotation; overall seniority in a specific job
classification (i.e., Police Officer, Dispatcher, Field Service Technician, etc.) will
prevail as the standard. All days off, vacation, holidays, and shift selections will
be determined by overall seniority in a specific job classification, in compliance
with department policy. The department will continue to designate the shifts to be
available; including the days off and shifts starting and stopping times. Employees
will choose from those shifts designated by the department as available.
Seniority as it applies to special assignments for the officers, will also fall under
this standard regardless of seniority in the special assignment. This shall include
all current incumbents in specialty assignments as outlined in Article 8.
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ARTICLE 21.
HOLIDAYS
For all employees, holiday leave shall be accrued as earned each payroll period at a
rate of 8 hours per month. The following days of each year are designated
holidays for non -shift employees:
January 1 - New Year's Day
January 15 - Martin Luther King's Birthday
Third Monday in February - Washington's Birthday
Last. Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
September 9 - Admission Day
Fourth Monday in October - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
December 25 - Christmas
Employee's Birthday
One -half day before Christmas
One -half day before New Year's .
- When a holiday falls on a Saturday, the preceding Friday shall be observed.
When a holiday falls on a Sunday, the following Monday shall be observed.
- Except with the prior written approval of the Chief, non -shift personnel shall
take the holidays as scheduled above.
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C� 'O
If the department is unable to allow shift employees to take holiday leave,
the Chief may approve payoff of holiday leave on a straight time basis. The
payoff may occur once quarterly.
This payoff is subject to annual approval of the Chief.
Employees may accrue a maximum of holiday time not to exceed their
annual rate.
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ARTICLE 22
VACATION
21.1 Vacation shall be accrued and used as provided in Section 2.36."0 of the
San Luis Obispo Municipal Code.
"Each incumbent of a forty- hour -a -week line -item position shall accrue
vacation leave with pay at the rate of twelve days per year of
continuance service since the benefit date for the first five years,
fifteen days per year upon completion of five years, eighteen days per
year upon completion of ten years, and twenty days upon completion
of twenty years. Employees scheduled for more than forty hours a
week shall receive the equivalent number of vacation days prorated to
the number of regularly scheduled work hours."
21.2 All employees may accrue a maximum of vacation time not to exceed twice
their annual rate.
21.3 Vacation Sellback
All employees in this unit are eligible, once annually in December, to request
payment for up to twenty four (24) hours of unused vacation leave provided
that an employee's overall performance and attendance practices are
satisfactory. Payment for unused vacation leave is subject to the availability
of budgeted funds.
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ARTICLE 23
SICK LEAVE
Sick leave is governed by Section 2.36.420 of the Municipal Code. An employee
may take up to two days per year of sick leave if required to be away from the job
to personally care for a member of his /her immediate family as defined in Section
2.36.420 of the San Luis Obispo Municipal Code. This may be extended to five
days per year if the family member is part of the employee's household, and to
seven days if a household member is hospitalized and the employee submits
written verification of such hospitalization.
Upon termination of employment by death or retirement, a percentage of the dollar
value of the employee's accumulated sick leave will be paid to the employee, or
the designated beneficiary or beneficiaries according to the following schedule:
a. Death - 25%
b. Retirement and actual commencement of PERS benefits:
1. After ten years of continuous employment - 10%
2. After twenty years of continuous employment 15%
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ARTICLE 24
BEREAVEMENT LEAVE
At each employee's option, absence from duty due to the death of a member of
the employee's immediate family, meaning spouse, child, brother, sister, parent,
parent -in -law, step- parent, step - brother, step- sister, grandparent, or any other
relative living in the same household, provided such leave as defined in this section
shall not exceed five (5) working days for each incident. The employee may be
required to submit proof of relative's death before being granted sick leave pay.
False information given concerning the death of relationship shall be cause for
discharge.
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ARTICLE 25
WORKERS' COMPENSATION LEAVE
Any employee who is absent from duty because of on- the -job injury in accordance
with state workers' compensation law and is not eligible for disability payments
under Labor Code Section 4850 shall be paid the difference between his base
salary and the amount provided by workers' compensation law during the first 90
business days of such disability absence.
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ARTICLE 26
GENERAL PROVISIONS
26.1 Payday
Paychecks will be disbursed on a bi- weekly schedule. Payday will be every
other Thursday. This disbursement schedule is predicated upon normal
working conditions and is subject to adjustment for cause beyond the City's
control.
26.2 Paychecks Prior to Vacation
If an employee is taking vacation leave and wishes to receive his regular
paycheck before payday, the employee must notify the Finance Department
in writing at least two weeks prior to the start of vacation provided the
employee has sufficient vacation time coming to cover the pay period.
26.3 Salary Survey Agencies
For the purposes of external comparisons the agencies to be used for review
of compensation shall be the same survey agencies as the City uses for
other city employees. Parties agree that this survey shall be based on total
compensation and shall only be one of the considerations used to determine
compensation.
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ARTICLE 27
POLICY AND PROCEDURE COMMITTEE
A committee including three (3) Association member(s), two (2) departmental
management and the Personnel Director shall explore and reconcile overlapping and
conflicting policies and make recommendations to the Police Chief. The Police
Chief will consider any recommendations of the committee; however, the parties
recognize and agree that the Police Chief has the authority to set policy.
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•
ARTICLE 28
WORKING CONDITIONS
Place of Residence
An officer's place of residence shall be within a forty (40) minute driving radius
from San Luis Obispo proper.
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ARTICLE 29
DEFINITIONS
For purposes of uniformity in the performance evaluation process, the following
definitions, developed by the Performance Appraisal Committee in June 1983, are
provided:
UNACCEPTABLE
Consistently fails to meet performance standards and objectives for position.
Performance indicates serious lack of knowledge of basic skills or lack of
application of skills. Requires immediate attention and improvement.
IMPROVEMENT NEEDED
Performance is frequently less than expected of a competent employee for the
position. Performance indicates some deficiency in basic skill, knowledge or
application. Specific efforts to improve desired.
MEETS PERFORMANCE STANDARDS
Performance indicates competent and effective adherence to expected standards.
Performance indicates fully acceptable demonstration of knowledge and skills.
EXCEEDS PERFORMANCE STANDARDS
Performance consistently above standards for position. Performance indicates
superior knowledge and application of skills.
OUTSTANDING
Exceptional performance. Application of knowledge, skills.and results are
consistently well beyond the expected standard for position.
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ARTICLE 30
GRIEVANCE PROCEDURE
A. A grievance is defined as an alleged violation, misinterpretation or
misapplication of the. Employer- Employee Resolution, the Personnel Rules
and Regulations, any memorandum of agreement with an employee
association or any existing written policy of procedure relating to wages,
hours or other terms and conditions of employment excluding disciplinary
matters.
B. Any employee may file and process a grievance by providing the time, place
and circumstances of the action prompting the grievance. Employees may
be accompanied by a representative at each step of the process. If a
specific action to be grieved affects several employees, those employees
may consolidate their grievances and be represented.
C. Provided. that implementation processes are correctly followed, amending the
Employer- Employee Resolution or the Personnel Rules and Regulations or
creating new or amended written policies or procedures may not be grieved
but shall first be subject to notice and consultation or meeting and
conferring with the Employee Organization as provided in Sections 7, 8 and
9 of Resolution No. 6620.
D. The grievance procedures shall be outlined in the Personnel Rules and
Regulations.
E. Any dispute regarding the eligibility of an issue for the grievance process
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may be appealed through the process ultimately to the Hearing Officer who
shall decide on the eligibility prior to ruling on the merits.
F. A grievance is appealable, following several preliminary steps, to a Hearing
Officer whose decision shall be final. A list of five potential hearing officers
shall be obtained from the State Mediation and Conciliation Service by
mutual consent. Then following a random determination of which party
begins, parties shall alternately strike one name from the list until only one
remains. The grievance procedure shall be outlined in the Personnel Rules
and Regulations. Any fees or expenses of the Hearing Officer shall be
payable one -half by the City and one -half by the appellant. All other
expenses shall be borne by the party incurring the expense.
G. The City reserves the right to make the Hearing Officer's opinion advisory or
to replace the Hearing Officer position in the grievance process with the
Personnel board for an Employee Organization after July 1993 provided that:
1. The Hearing Officer has ruled on at least five separate grievances for
the Employee Organization; and
2. The City has been sustained in at least 65 percent of the
determinations on grievances filed by members of the Employee
Organizations.
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ARTICLE 31
LAYOFFS
�J
In accordance with Personnel Rule 2.36.280, layoffs shall be governed by job
performance and seniority in service within a particular department and job
classification. For the purpose of implementing this provision, job performance
categories shall be defined as follows:
Category 1:
Performance that is unsatisfactory, below standard, needs improvement,
unacceptable or does not meet minimum standards.
Performance defined by this category is evidenced by the employee's two most
recent performance evaluations with an. overall rating that falls within the lowest
two categories of the performance appraisal report.
Category Il:
Performance that is competent, superior, meets expectations, meets performance
standards, exceeds performance standardsand expectations, or is outstanding.
Performance defined by this category is evidenced by an employee's two most
recent performance evaluations with an overall rating that falls within the top two
to three performance categories of the performance appraisal.
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A regular employee being laid off shall be that employee with the least seniority in
the particular job classification concerned and in the department involved who is in
the lowest job performance category. Employees in Category I with the lowest
seniority will be laid off first, followed by employees in Category II. Should the
two performance evaluations contain overall ratings that are in the two different
Categories as defined above, the third most recent evaluation overall rating shall be
used to determine which performance category the City shall use in determining
order of layoffs.
The parties agree that employees who are laid off pursuant to Rule 2.36.280 shall
have reemployment rights prior to the employment of individuals on an open or
promotion list. The employee to be rehired, must, at the time of rehire, meet the
minimum qualifications as stated in the appropriate class specifications. Employee
will be rehired on the basis of last out, first in.
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ARTICLE 32
WORK ACTIONS
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Participation by an employee in a strike or a concerted work stoppage is unlawful
and shall terminate the employment relation. Provided however that nothing herein
shall be so construed as to affect the right of any employee to abandon or to
resign his employment.
(a) Employee organizations shall not hinder, delay, interfere, or coerce
employees of the City in their peaceful performance of City services by
strike, concerted work stoppage, cessation of work, slow -down, sit -down,
stay -away, or unlawful picketing.
(b) In the event that there occurs any strike, concerted work stoppage, or any
other form of interference with or limitation of the peaceful performance of
City services prohibited by this Article the City, in addition to any other
lawful remedies or disciplinary actions, may by the action of the Municipal
Employee Relations Officer cancel any or all payroll deductions, prohibit the
use of bulletin boards, prohibit the use of City facilities, and withdraw
recognition of the employee organization or organizations participating in
such actions.
(c) Employee members of any employee organization shall not be locked out or
prevented by management officials from performing their assigned duties
when such employees are willing and able to perform such duties in the
customary manner and at a reasonable level of efficiency.
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Any decision made under the provisions of the Section may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a
complete statement setting forth all of the facts upon which the appeal is based.
Such Notice of Appeal must be filed within ten (10) working days after the
affected employee organization first received notice of the decision upon which the
complaint is based, or it will be considered closed and not subject to any other
appeal.
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I A.
B.
ARTICLE 33
COMMUNICATION PROCESS
Monthly Conferences
There will be a monthly meeting between the department head and
management member(s) and at least two (2) association representatives to
discuss problems or other subjects of mutual interest. Minutes of the
meeting will be maintained to reflect topics discussed, actions to be taken,
the party responsible for any action and the expected completion date.
Quarterly Meetings
Two to four representatives of the association, the City Administrative
Officer (or designee), department head (or designee), and management
representatives) designated by the City will meet quarterly if there are
issues of concern to the parties. NO issues will be brought to this quarterly
meeting without first having been discussed with the department head at a
scheduled monthly conference.
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ARTICLE 34
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on
all negotiable issues between the City and the Association. This Agreement
supersedes all previous Memoranda of Understanding or Memoranda of Agreement
between the City and the Association except as specifically referred to in this
Agreement. The parties, for the term of this Agreement, voluntarily and
unqualifiedly agree to waive the obligation to negotiate with respect.to any
practice, subject or matter not specifically referred to or covered in this Agreement
even though such practice, subject or matter may not have been within the
knowledge of the parties at the time this Agreement was negotiated and signed.
In the event any new practice or subject matter arises during the term of this
Agreement and an action is proposed by the City, the Association will be afforded
notice and shall have the right.to meet and confer upon request.
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ARTICLE 35
SAVINGS CLAUSE
If any provision of this Agreement should be held invalid by operation of law or by
any court of competent jurisdiction, or if compliance with or enforcement of any
provision should be restrained by any tribunal, the remainder of this Agreement
shall not be affected thereby, and the parties shall enter into a meet and confer
session for the sole purpose of arriving at a mutually satisfactory replacement for
such provision within a thirty (30) day work period. If no agreement has been
reached, the parties agree to invoke the provision of impasse under Section 13 of
City Resolution No. 6620 (1989 Series).
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ARTICLE 36
RENEGOTIATIONS
If either party wishes to make changes to this agreement, that party shall serve
upon the other, its written request to negotiate; as well as its initial proposals for
an amended Agreement. Such notice and proposals must be submitted to the
other party no more than 135 days nor less than 105 days prior to the end of the
Agreement. If notice is properly and timely given, negotiations hall commence no
later than 90 days prior to the end of the Agreement.
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ARTICLE 37
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 1994 and shall continue in full
force and effect until expiration at midnight, June 30, 1996.
SIGNATURES
1. Classification covered by this Agreement and included within this unit are
shown in Appendix "A ".
2. This Agreement does not apply to Temporary Employees or Part -time
Employees.
This Agreement was executed on February 21, 1995 by the following parties:
CITY OF SAN LUIS OBISPO
Jill S t in, Acting Per nel Director
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SAN LUIS OBISPO
POLICE OFFICERS' ASSOCIATION
/9t
Paul A. Bechely, PORAC
AN eth, resident, SLOPOA
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0 o
APPENDIX A
CLASSIFICATION
Non -Sworn
Communications Technician I
Evidence Technician
Field Service Technician
Police Cadet
Sworn
Police Officer
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4
i�
RESOLUTION NO. 8.391
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS .OBISPO DECLARING THE CITY'S INTENT TO
GRANT A FIFTEEN YEAR FRANCHISE TO
SONIC CABLE LEASING CORPORATION AND SETTING
A PUBLIC HEARING FOR MARCH 7, 1995
WHEREAS, Sonic Cable Leasing Corporation notified the City in 1991 of their
desire-to renew their cable television franchise that was scheduled to expire in April of 1993;
and
WHEREAS, upon receiving this notification from Sonic Cable Leasing Corporation,
the City began preparing for the renewal process. Several studies and surveys were carried
out to assess the capabilities of the current cable system and ascertain the community's
future cable related needs. The results of these .studies and surveys Were used to create
formal franchise renewal objectives to guide the City through the franchise renewal process;
and
WHEREAS, the City began meeting with Sonic Cable Leasing Corporation in early
1993 to develop a mutually acceptable franchise renewal agreement. Because the City and
Sonic Cable Leasing Corporation were not able to reach agreement on a new franchise prior
to the April 1993 franchise expiration date, the City and Sonic Cable Leasing Corporation
have mutually agreed to extend the existing franchise for short -term increments until an
acceptable franchise agreement is developed; and
WHEREAS, City staff and Sonic Cable Leasing Corporation have now developed a
draft franchise renewal agreement for the City Council's consideration that meets the
community's cable related needs. This proposal contains the following key provisions:
■ Type: Non - exclusive
■ Term: _15 years
■ Franchise Fees: 5% of gross revenues
■ System Rebuild: Cable System will be upgraded to 78 channels (with fiber to
the serving area) within three years of agreement execution.
■ PEG Access Provisions: The cable operator will establish a PEG Fund for
equipment and facilities; provide channel capacity to accommodate PEG
access needs; and wire and equip, the Council Chambers at City Hall and the
Community Room with live cablecasting capabilities, and provide a cable link
to San Luis High School.
■ Future Upgrades: The City will be able to require the cable operator to
make upgrades to cable service or the . cable system under certain specified
circumstances.
WHEREAS, the City has extended the deadline for submittal by Sonic Cable Leasing
Corporation of a formal franchise renewal proposal from February 3, 1995 to March 17,
1995.
R -8391
Page 2
Resolution No. 8391
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SAN LUIS OBISPO THAT:
1. A public hearing will be held on March 7, 1995 at 7 pm in the Council Chambers
of City Hall at which time it is the intention of the City Council to grant a fifteen
year franchise to Sonic Cable Leasing Corporation.
2. Any persons having any interest in the franchise renewal or any objection to the
granting of the franchise renewal may appear before the Council and be heard
thereon.
3. The City Clerk will publish this resolution at. least once within fifteen days of its
passage in a newspaper in the City of San Luis Obispo.
Upon motion of Vice Mayor Romero , seconded by Council Member Smith
on the following roll call vote:
and
AYES: Council Members Romero, Smith, Roalman, Williams, and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 14th day of _February
i
11►Ti M W9
�. i
APPROVED:
offl!)0"A Lziw - I
i
, 1995.
a:zonic-a
RESOLUTION NO8390(1995 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
SUPPORTING EFFORTS AND PROGRAMS OF THE SAN LUIS OBISPO MASTER
PLAN TO REDUCE DRUG AND ALCOHOL ABUSE
WHEREAS, the City Council of the City of San Luis Obispo recognizes that the abuse
of alcohol and other drugs has the potential for far reaching effects on the citizens of San Luis
Obispo County, possibly resulting in tremendous losses to our community and negatively
impacting employers, employees and those they serve; and
WHEREAS, the City Council has reviewed the San Luis Obispo County Master Plan to
Reduce Drug and Alcohol Abuse and has received recommendations on it's implementation from
the City's Human Resources and Planning Commissions; and
WHEREAS, the Master Plan provides programs and policies that encourage clean and
sober lifestyle and drug -free work environments including suggestions for certain local land use
regulations; and
WHEREAS, the City presently enforces land use controls regulating establishments that
sell or serve alcohol in a manner which promotes the goals of the Master Plan.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo that the City supports the creation of programs County-wide that will reduce the adverse
effects of drug and alcohol abuse on our community as outlined in the Master Plan, and will
continue to enforce without change, the City program of use permit controls regulating the
existing and proposed businesses that sell or serve alcohol within the City of San Luis Obispo.
R -8390
•
Resolution No. 8390 (1995 Series)
On motion of Council Member Williams ,seconded by Council Member Roalman
and on the following roll call vote:
AYES: Council Members Williams, Roalman, Romero, Smith and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 7th day of February , 1995.
Mayor Allen K. Settle
ATTEST:
Ci Clerk Diane R. adwell
APPR VED:
G)& &M44���
Assteit?Adird'hisirativi Officer, Ken Hampian
it, P / /Ia.2_`' P_ . ✓.�_J .
r• Jorgensen
1 IV
r
RESOLUTION NO. 8389(1995 Series)
A RESOLUTION OF THE COUNCIL OF THE
CITY OF SAN LUIS OBISPO REVISING THE METHODOLOGY
FOR SETTING WATER IMPACT FEE RETROFIT CREDITS
WHEREAS, the City Council adopted revised water impact fees as a component of the
Urban Water Management. Plan adoption on November 15, 1994, and
WHEREAS, until an additional supplemental water supply project is initiated, new
development must continue to retrofit at a 2 to 1 ratio to provide for appropriate water offsets,
and
WHEREAS, the Council directed staff to evaluate alternatives for reduction of the water
impact fee in recognition of the costs involved in retrofitting existing facilities.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of San Luis
Obispo does hereby revise the previous method for setting water impact fee retrofit credits and
establishes:
1. A variable water impact fee credit for the cost of retrofitting, when it is
mandatory as a condition of development based on the number of retrofitted
bathrooms required to meet water offsets, at $150 per bathroom.
2. Authorizes the Utilities Director to establish an equitable retrofit credit in cases
where retrofit offsets are achieved through methods other than bathroom retrofits.
3. Rescinds Resolution No. 8160.
R -8389
•
Resolution No.8389(1995 Series)
Upon motion ofCouncil- :Member seconded by Council Member Smith
Roalman
and on the following roll call vote:
APES: Council Members Roalman, Smith, and Mayor Settle
NOES: Council Members Romero and Williams
ABSENT: None
the foregoing resolution was adopted this 7th day of February 1995.
Mayor Allen Settle
ATTEST:
I�Ae Gladwe , City Jerk
VIPR
I
O
RESOLUTION NO. 8388 (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AMENDMENT TO THE GENERAL PLAN MAP, FROM
MEDIUM - DENSITY RESIDENTIAL
TO MEDIUM - HIGH - DENSITY RESIDENTIAL,
FOR THREE LOTS ON THE NORTHERLY SIDE OF ORCUTT ROAD,
EAST OF LAUREL LANE
(GP 149 -94)
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 149 -94, the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings:
1. The map amendment is consistent with the General, Plan, and specifically with
policies for residential areas in the Land Use Element.
2. An initial study of environmental impacts was prepared by the Community
Development Department on December 8, 1994, that describes environmental
impacts associated with the map change. The Community Development Director,
on December 8, 1994, reviewed the environmental initial study and granted a
Negative Declaration of environmental impact. The initial study concludes that the
project will not have a significant adverse impact on the environment, and the City
Council hereby adopts the Negative Declaration and finds that the Negative
Declaration reflects the independent judgement of the City Council.
SECTION 2. Ap rn oval. The general plan amendment GP 149 -94, as shown on
exhibit A, attached, is hereby approved.
On motion of Vice Mayor Romero seconded by Council Member Williams
_, and on the following roll call vote:
AYES: Vice Mayor Romero, Council Members Williams, Roalman, Smith and
NOES: None Mayor Settle
ABSENT: None
the foregoing resolution was passed and adopted this 7th day of February , 1995.
R -8388
i
Resolution no. 8388 (1995 Series)
GP 149 -94
1110, 1112, 1114, 1116, 1130., and 1144 Orcutt Road
Page 2
Mayor Allen K. Settle
ATTEST:
11�U/wlv, 9qA&661-
1 Jerk Diane i. Gladwell
a
APPROVED:
a�
*IAtt Jef P G. Jorgensen
FL� oo
`11
C
RESOLUTION NO. 8387-0995 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING EQUIPMENT AS SURPLUS PROPERTY
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
Section 1. That the City Council hereby declares that all items of property listed in
Exhibit A attached and incorporated herein by reference are surplus property.
Section 2. Disposal of the property shall be made 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.
Onmotionof Vice Mayor Romero ,secondedby Council Member Smith
and on the following roll call vote;
AYES: Vice Mayor Romero, Council Members Smith, Roalman, Williams and
NOES: None Mayor Settle
ABSENT: None
the foregoing Res ution was passed and adopted this 7th day of February, 1995.
Mayor Allen Settle
ATTEST:
( j aLu
` Clerk Diane R� Gladwell
APPROVED-
(J20,
/ice i #f G. Jorgensen '
• J
EXHIBIT A
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Year
Make
Model
License #
Vehicle I.D. #Estimated Value
1982
Cushman
Scooter
786296
557671
800
1975
GMC
F. r
S'. e.v...
67}•.3::};.ova:
8.}. 9G.:. 8
Tn:.:.,
2,500
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Acquired
Make
Model
Vehicle I.D.# Estimated Value
1965
Case
Backhoe
8279588
3,000
1974 John Deere
F/E Loader
2047421
3,000
1969 Ingersoll Rand Air Compressor
125RD54429M
1,500
1981
FMC
Brush Chipper
600
a ':: ki<: kk: fqk `:;:ii'v.:i:siii:i:i3ii3'.'•`i
nE55066SNC16T6270 ZM
sii
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Year
Make
Model
License #
Vehicle I.D.# Estimated Value
1991
Chevrolet
Caprice
347544
lGlBL5372MR151230
2,000
1991
Chevrolet
Caprice
347536
iG1BL5373MR151124
2,000
1991
Chevrolet
Caprice
347542
1GiBL5371MR151039
2,000
1991
Chevrolet
Caprice
347538
1G1BL5373MR151074
2,000
1991
Chevrolet
Caprice
347546
lGlBL5379MR151354
2,000
1991
Chevrolet
Caprice
347539
1G1BL5372MR151079
2,000
1991
Chevrolet
Caprice
347543
IG1BL5371MR150473
2,000
1991
Chevrolet
Caprice
347545
lGlBL5373MR151351
2,000
1991
Chevrolet
Caprice
347537
lGlBL537XMR151394
2,000
1991
Chevrolet
Caprice
347541
lGlBL5374MR150760
2,000
Total $31,400
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RESOLUTION NO. 8386
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO PRESCRIBING SONIC CABLE
TELEVISION'S RATES FOR THE BASIC SERVICE TIER
AND RELATED EQUIPMENT AND SERVICE CHARGES
AND ORDERING REFUNDS TO SUBSCRIBERS.
WHEREAS, the City. of San Luis Obispo was certified by the Federal
Communications Commission (the "FCC ") to regulate rates charged by Sonic Cable
Television ( "Sonic ") for the basic service tier and associated equipment and service charges
on October 26, 1993;
WHEREAS, consistent with the initial FCC cable rate regulation rules, the City
received FCC Form .393 from Sonic on November 23, 1991 The City reviewed this form
and found that Sonic's rate structure complied with FCC rules;
. WHEREAS, on February 22, 1994, the FCC adopted new, regulations which
contained significant changes to its previous regulations. The material portions of the new
regulations, released by the FCC on March 30, 1994, became operative on July 15, 1994.
This second set of rate regulations required Sonic to submit FCC Forms 1200, 1205, and
1215 to the City by August 15, 1994;
WHEREAS, the City received Sonic's FCC Forms 1200, 1205, and 1215 on August
15, 1994. These forms were supplemented by additional information contained in letters to
the City. On September 7, 1994, the City sent Sonic notice that the City was taking the
additional ninety days permitted by the FCC regulations to review Sonic's forms and rates;
WHEREAS, on October 5, 1994, the City made a finding pursuant to Section 76.937
(e) of the FCC regulations that Forms 1200, 1205, and 1215 submitted by Sonic were facially
incomplete and tolled the review process pending receipt of requested information.
WHEREAS, the City received a letter from Sonic dated October 27, 1994 that
provided the requested information (from the City's October 5, 1994 letter), along with an
.amended Form 1200;
WHEREAS, the City retained Telecommunications Management Corp. ( "TMC ") to
review FCC Forms 1200, 1205, and 1215 and any additional information submitted by Sonic
related to rates. On November 17, 1994 TMC provided written evaluations of Sonic's FCC
Forms 1200, 1205, and 1215 and the additional information provided. This report. is hereby
incorporated into this Resolution as Exhibit B;
WHEREAS, the City sent Sonic a copy of the TMC report and provided Sonic with
an opportunity to comment on the report. Sonic advised the City, via correspondence dated
December 14, 1994, that they had reviewed the report; ,
R -8386
Page 2
RESOLUTION NO. 8386 (1995 SERIES)
WHEREAS, on January 17, 1995, the Council held a duly noticed public hearing to
determine if Sonic's rates were in accordance with the second round of FCC rate
regulations. The Council considered TMC's reports, Sonic's responses, and all of the
evidence and testimony presented at the January 17, 1995 meeting and all other written and
oral evidence received in connection with this matter;.
WHEREAS, based upon the evidence submitted, including but not limited to the
FCC Forms 1200, 1205, and 1215 submitted by Sonic, the staff and consultant reports. and.
all other written and oral evidence received in connection with this matter the Council
hereby finds that the permitted rates for the basic service tier, the hourly service charge and
the rates for equipment related to basic service shall be those rates set forth as the ordered
rates in Exhibit A to this resolution, attached hereto and incorporated herein;
WHEREAS, the ordered rates in Exhibit A result from Sonic's. own calculations
pursuant to the new FCC regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO THAT:
1. The Council hereby resolves that pursuant. to the FCC regulations effective on
July 15, 1994, the rates listed as ordered rates in Exhibit A are the maximum rates that
Sonic may charge and orders that the rates set forth in Exhibit A shall be the established
rates for basic service and related service and equipment charges. The Council orders Sonic
to establish and implement, within sixty days of the date of this Resolution, a new rate
schedule conforming to the rates contained in Exhibit A. The Council orders Sonic to
maintain the ordered rates, with any future increases to be in accordance with the provisions
of the FCC rate regulations.
2. The Council orders Sonic to refund all service and equipment charges since July
15, 1994 in excess of those prescribed by this Resolution to the affected subscribers within
the City of San Luis Obispo, with interest in accordance with FCC regulations, within sixty
days of the date of this Resolution.
3. The Council orders Sonic to provide the City with written evidence of compliance
with the orders contained in this Resolution within ninety days of the effective date of this
Resolution.
4. The Council orders Sonic to abide by FCC regulations regarding the establishment
of separate charges for remote control units and addressable converters, and advertising
practices that reflect total cable rates.
Page 3
RESOLUTION NO.
•
8386 (1995 SERIES)
5'. The City Clerk is hereby directed to publish notice of this resolution and mail a
copy of the resolution to Sonic. Further, the City Clerk shall make available a copy of this
resolution to any person upon request.
Upon motion of Council Member Roalmap seconded byCouncil'Member Romeroand
on the following roll call vote:,
AYES: Council Members Roalman, Romero, Smith, Williams, and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 24 day of January , 1995.
Mayor Allen Settle
ATTEST:
1w,
APPROVED:
0
EXHIBIT "A"
Ordered. Rates, Service Charges, and Equipment Charges
Basic Service
Remote Control
Converter for Basic Service
Addressable Converter
Service Rate
Installation Charges
• unwired home
• prewired home
• add'l outlet w /installation
• add'1 outlet after installation
Relocate Outlet
Tier Change .
$23.63 per month
$ 0.03 per month
$ 0.30 per month
$ 0.30 per month
$28.79 per hour
$40.02
$25.62
$11.23
$25.62
$25.62
$ 2.00
1) The "ordered rates" listed above do not include franchise fees or City user tax
2) The "ordered rates" listed above represent the rates that the cable operator is permitted
to charge under current FCC rate regulation rules. In some cases, however, the cable
operator has chosen to charge rates lower than the permitted rate.
G: \SONIC.RES
I
TELECOMMUNICATIONS MANAGEMENT CORP.
5757 Wilshire Blvd. • Suite 635 • Los Angeles, CA 90036 • (213) 931 -2600 • Fax (213) 931 -7355
Ms. Deb Hossli
Admin. Analyst
City of San Luis
P.O. Box 8100
San Luis Obispo,
Dear Deb:
Obispo
CA 93403 -8100
November 17, 1994
Telecommunications Management Corp. (TMC) has received
the FCC Forms 1200, 1205 and 12151 submitted by Sonic Cable
Television of San Luis Obispo (Sonic) to the City of San
Luis Obispo (the City).
The following history of the submission of the
documents is noted:
On August 15, 1994, the City received a copy
of FCC Forms 1200, 1205 and 1215.
• On September 7, 1994, the City provided Sonic
with written notice "tolling" the permitted
30 -da review period for an additional 90
days. Also in this letter, the City
requested written clarification of certain
issues contained in the Forms be provided to
the City by not later than September 23,
1994.
• On September 19, 1994, the City received a
letter (dated September 15) from Sonic which
1 Form 1200 is entitled, "Setting Maximum Initial Permitted Rates for
Regulated Cable Services Pursuant to Rules adopted February 22, 1994 ".
Form 1205 is entitled, "Determining Regulated Equipment and Installation
Costs Form 1215 is entitled, "A La Carte Offerings ". Form 1200 will
be filed only once, while future rate modifications for programming
services will be justified by information contained on Form 1210
( "Updating Maximum Permitted Rates for Regulated Cable Services "). Form
1205 can be updated annually for changes in equipment rates. Form 1215
is not a form which is evaluated, but rather is a listing of information
to supplement the data contained in the other forms.
2 Section 76.933 of the FCC.regulations permits a franchising authority
to "toll" the 30 day review period for an additional 90 days if notice
is given to the cable operator within the initial 30 days.
Ms. Deb Hosslie
City of San Luis Obispo
November 17, 1994
Page 2
indicated that Sonic would be unable to
provide the requested clarifications by
September 23, 1994.
• On October 5, 1994, the City made a finding
pursuant to Section 76.937(e) of the FCC
regulations that the Forms submitted by Sonic
were facially incomplete and tolled the
review process pending official City receipt
of the requested clarifications. Sonic was
given until October 31, 1994 to comply with
the City's request.
• On October 28, 1994, the City received a
letter (dated October 27) from Sonic
responding to the requested clarifications,
along with an amended Form 1200.3 The Form
had been amended to reflect corrections in
programming costs.
• On November 16, 1994, the City provided Sonic
with a letter which:
Notified Sonic that the 120 -day review period
for Form 1200 would commence on October 28,
1994, the date the modified Form was
received.
Notified Sonic that the review of Form 1205
had been tolled for at least 51 days, the
time it took Sonic to respond.to the City's
letter of September 7.
Notified Sonic that this time frame was
contingent upon the City determining that the
Forms were completed in accordance with FCC
regulations.
Assuming the Forms 1200 and 1205 are accepted by the
City, the 120 - review period would be as follows:
• Form 1200 -- 120 days from.October 28, 1994, or
February 27, 1995.
• Form 1205 -- 120 days from August 15, 1994 plus
the 51 days tolled, or February 2, 1995.
3 Also received on this date was an FCC Form 1210 ( "Updating Maximum
.Permitted Rates for Regulated Services ") which will be reviewed
separately.
Ms. Deb Hossli�
City of San Luis Obispo
November 17, 1994
Page 14
The City may wish to have legal counsel examine any
conclusions before the City acts in any official capacity.
Please feel free to contact us if you have any
questions or require any additional information.
Sincerely,
Michael J. Friedman
Vice President
f
�,�,�.,tiU� ���;,v'r�, ��'
���
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���
RESOLUTION NO. 8385 (1995 Series)
'A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN AMENDMENT TO THE EDNA -ISLAY SPECIFIC PLAN
TO ACHIEVE CONSISTENCY BETWEEN THE SPECIFIC PLAN
AND THE 1994 GENERAL PLAN LAND USE ELEMENT
ANNEXATION POLICIES
(SP 154 -94)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findin . That this council, after consideration of public testimony,
the specific plan amendment request SP 154 -94, the Planning Commission's recommendations,
staff recommendations and reports thereon, makes the following findings:
1. The text amendment is consistent with the General Plan, because it will result in
consistency between the two documents.
2. An initial study of environmental impacts was prepared by the Community Development
Department on December 8, 1994, that describes potential 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. The initial study concludes that the project will not have a
significant adverse impact on the environment 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 specific plan amendment SP 154 -94, as shown on
Exhibit A, attached, is hereby approved.
Council
On motion of Council Member Williams seconded by Member Smith , and
on the following roll call. vote:
AYES: Council Members Williams, Smith, Vice Mayor:.Romero and Mayor Settle
NOES: Council Member Roalman
ABSENT: None
the foregoing resolution was passed and adopted this 17th day of January 1995.
R -8385
Resolution no. 8385 (1995 Series)
SP-154-94
.--Edp!4-,Isl4y Secondary Planning,Area-. -
Page,._ 2
Mayor A114rK. Settle
ATTEST:
2k6 Clerk R. ladwell
jorgensen
0
• I�
Amendment•to Edna -Islay Specific Plan page 51:
Section:
Land Use and Circulation
Secondary Planning Area
Proposed land use policies
Annexation: AdeTdate
. e.e this area sheu4d� be - eehaide:ved fez: annematien. Any
future annexation requests should be consistent with this
specific plan, the city "s general plan, and subsequent growth
management i9__ rte.
EXHIBIT A
Ms. Deb Hossli r
City of San Luis Obispo
November 17, 1994
Page 3
While TMC has found some errors in the information
submitted by Sonic, the material is considered sufficient
for the purposes of review.
The following caveats should be noted:
• Sonic's financial information has not been
audited for accuracy. However, the numbers
have been examined for consistency with
industry standards. It is noted that the
Forms are submitted with a signature under a
provision that states that willful.false
statements are punishable by fine and /or
imprisonment.
• The rules established by the FCC are subject
to revision and modification. The evaluation
is based on the rules established and
available as of the date of this report.
TMC has determined that there area number of issues
either within Sonic's Forms, or related to the City's review
of rates, which require comment.. These include:.
• The adjustments made to Form 1200
• Number of regulated channels
• Census income level
• Equipment costs and calculations
• Equipment repair hours
• Advertising of service rates
• Calculation of the franchise fee and other
items on subscriber bills
• Collapsing of tiers
These items are discussed below.
Ms. Deb Hossli •
City of San Luis Obispo
November 17, 1994
Page 4
ADJUSTMENTS TO FCC FORM 1200
The only change between the original and revised Form
1200 submitted by Sonic involves the programming costs per
tier. On line B2 (and also on line I10), Sonic indicates
that .its costs as of 10/27./93 (the initial date of
regulation) were slightly greater than previously reported
($31,576.39 vs. $31,313.46).
Sonic also indicates that its costs for programming on
3/31/94 (the comparison date.for all cable operators) were
less than previously stated ($45,020..38 vs. $52,857.46).
This is indicated on line. B8.
Since the calculations involved.in Form 1200 deal with
changes in costs, this one modification by Sonic has a
significant impact on.the permitted rates. From this one
change, the permitted rate for Basic Service drops from
$24.25 to $23.63.4
NUMBER OF REGULATED CHANNELS
Sonic indicates that on 3/31/94, there were a total of
36 regulated channels of which 28 were non- broadcast. On
9/30/92, Sonic indicates that there were a total of 29
regulated channels of which.17 were satellite - delivered.
Contained.in the 1994 total are channels which were
shared -use (e.g., satellite and broadcast). This includes
Channels 2 (KCBS and Prevue Guide) and 7 (KABC and Food
Network) .
The initial FCC rules were silent on how channels were. -
to be carried which were shared in use. On June 1, 1994,
the FCC issued a "Question and Answer" which attempted to
clarify this issue. In item number 1, the FCC stated:
6Q1: If a channel is split between satellite and
non- satellite programming or between broadcast and
non - broadcast programming, how is that channel
treated for purposes of completing FCC Form 1200
and Form 393?
4 Sonic currently charges $24.21, which is $0.58 more than the permitted
rate. The Form 1210, which will be reviewed separately, shows that
Sonic wishes to increase its rates to $24.23, which is $0.02 more than
the current rate.
Ms. Deb Hossli
City of San Luis Obispo
November 17, 1994
Page 5
Al: Channels should be classified according to
their preponderance of use. Thus, a channel that
carried satellite programming more than half the
time would be considered to carry satellite
programming. Similarly, a channel carrying non -
broadcast signals more than half the time would be
considered to carry non - broadcast signals. See
Form 1200, lines C2, H3; Form 3931 page 22."
In its October 27, 1994 let -ter, Sonic indicates that
the hours of carriage on these channel vary depending upon
coverage of certain types of events and.Sonic's ability to
preempt programming. Hours of "general carriage" were
indicated on a supplemental page. In a follow =up telephone
call with Karen Cole,.Sonic's Director of Administration, it
was indicated that the hours of.carriage indicated in its
letter were for the satellite programming carried. Ms. Cole
also indicated.that the two broadcast stations carried were
for duplicates of ABC and CBS, and that Sonic was not
required to carry these channels in their entirety.
The Conclusions to this report accept the Sonic
position, although it is noted that if the hours or
conditions of carriage are not correctly represented, the
permitted rate per channel would be influenced.
CENSUS INCOME LEVEL
In the City's letter of September 7, 1994, Sonic was
requested to provide documentation of the median household
income figure utilized.5 Sonic's letter of October 27
stated, "Copy of source document attached ".
Sonic's provision of the "Income and Poverty Status in
1988" is not the source document for the figure utilized.
However, TMC has confirmed (by filing a FCC Form.1201
with the FCC) that the figure utilized by Sonic is correct.
EQUIPMENT COSTS AND CALCULATIONS
Form 1205 contains a procedure for determining the
capital costs for installing and maintaining equipment,
capital costs for leased equipment, and annual operating
5 The letter stated, "For the census income level utilized in Line C5,
please identify the source of this figure as well as a photocopy from
the source utilized (if available) verifying this number."
Ms. Deb H6ss_l1
City of San .Luis Obispo
November 17, 1994
Page 6
expenses on the equipment. This information is then
combined with other data to compute the Hourly Service
Charge (HSC) for installations and the monthly charges for
equipment such as converters and remote controls:
One of the schedules utilized in computing this data is
Schedule C, "Capital Costs of Leased Customer Equipment."
Sonic lists "costs" for three items: An addressable remote
control, an addressable converter, and a basic converter.
For two of the three items listed in this schedule, there is
a gross book value of $1.00 indicated, while the third has
no gross book value associated.
When asked to explain this data, Sonic indicated that
"The equipment is fully depreciated .n6 From a procedural
perspective, if the equipment is fully depreciated, the
gross book value should have been indicated on Row D with an
equivalent amount indicated in Row E for accumulated
depreciation. In fact, the form, as completed by Sonic,
does not indicate that the equipment has been fully
depreciated, but rather that it had no gross book value (or
only $1.00 in value), and was never depreciated.
It is noted that if the equipment is actually fully
depreciated, the net result indicated on Form 1205 would be
the same as indicated by Sonic.
Another area deserving discussion involves the
inclusion.of certain pieces of equipment as being "leased ".
In the City's letter of October 7, 1994, question 9-asked
Sonic:
"Form 1205, Steps C and D
Please document the charges for the remote control
and converters as of March 31,,1'994: If there was
no charge for these it ems, please justify the
inclusion of equipment "leased" on Lines 15 and
23."
Sonic!s response was:
"The charges for remote controls and converters as
of March 31, 1994 is documented on the Summary
Schedule, page 7 of Form 1205 under the column
labeled "Actual ". Lines and 23, Steps C and D
ask for number of units in service. This module
is the worksheet for calculating permitted
equipment and installation charges based on the
6 Sonic letter of October 27, 1994.
Ms. Deb Hossli .
City of San Luis Obispo
November 17, 1994
Page 7
cost of maintenance and capital costs, not what is
currently being charged."
Sonic has not answered the question as to how the FCC
regulations permit equipment which is being provided at no
cost to the subscriber can be included as being "leased".
The instructions for Schedule C. line C direct the cable
operator- to:
"Enter the total number of units in service for
leased remotes and converter boxes. For other
leased equipment, list the total number of units
n.service or the total number of subscribers
using this equipment, whichever is appropriate."
The instructions for lines 15 and 23 direct the cable
operator to insert the number of units in service "from the
corresponding column of line C on Schedule C".
Sonic indicates that it charges $0.29 per month for its
basic converter (converter box type 1), but does not charge
for the remote control or the addressable converter
(converter box type 2). However, Sonic includes the units
for which it.doesn't charge as being "leased". In other
words, Sonic claims that it is, "leasing" equipment for which
it does not charge.?
An inquiry was placed with the FCC to determine whether
this is appropriate. In a conversation with, Aaron
Goldschiaidt, a staff attorney with the FCC's Cable Service
Bureau, it was indicated that the FCC had not specifically
addressed this issue. Although he could not speak with
certainty, it was his thinking that the rate regulations
primarily make a distinction between equipment provided by
the cable operator and that provided by the subscriber.
Using this logic, he thought that since Sonic provides the
equipment, that it might be considered. "leased" even though
there is no charge. However, he did caution that his was
not the final opinion on the matter (i.e., the Commission
may eventually have to make a ruling). He did indicate the
fact that the equipment is fully depreciated may weigh.
against considering the equipment as "leased ".
This item is important because it could result in a
higher rate for equipment, as well as potentially reduce the
refund liability due to subscribers (this is discussed in
the Conclusions to this report).
7 It is also noted that,.by Sonic's own admission, this equipment is
fully depreciated and has 'no net book value.
Ms. Deb Hossli
City of San Luis Obispo
November 17, 1994
Page 8
In a related area, it is noted that Section 76.923 of
the FCC's regulations reads:
"(b) Unbundling. A cable operator shall establish
rates for remote control units, converter boxes,
other customer equipment, installation, and
additional connections separate from rates for
basic tier service. In addition, the rates for
such equipment and installations shall be
unbundled one from the other."
On.its rate card, Sonic combines the rate for the
remote control and addressable converter into package prices
with other items, rather than separating one from the other.
Since the addressable converter and remote control can, and
are, also utilized to receive Basic Cable Service, the cost
of these items should be unbundled. This should be
corrected to be consistent with the FCC's regulations (.this,
will not impact the rate charged, but rather more clearly
indicate the charges for each piece of equipment).
EQUIPMENT REPAIR HOURS
In justifying its hours for remote control and
converter repair, Sonic indicates that it utilized actual
customer repair records (from payroll) and .allocated 5% or
the repair hours to remote controls and the remainder to
converters. It is noted that many operators do not spend
any time repairing remote controls, instead opting only to
replace defective units. However, an allocation of a
minimal amount of hours for maintenance and service is not
unreasonable.
ADVERTISING OF SERVICE RATES
Sonic's rate card states that "Prices do not include
Applicable taxes and fees."
The FCC Orders have consistently required that cable
operators advertise total costs so that subscribers can make
informed choices on the costs.for services taken. This was
codified as Section.76.946 of the FCC rules (effective May
15, 1994) which reads:
"Cable operators that advertise rates for basic
service and cable programming service tiers shall
be required to advertise rates that include all
costs and fees. Cable systems that cover multiple
[ i
Ms. Deb Hossli
City of San Luis Obispo
November 17, 1994
Page 9
franchise areas having differing franchise fees
or other franchise costs, different channel line
ups, or different rate structures may advertise a.
complete range of fees without specific
identification of the rate for each individual
area. In such circumstances, the operator may
advertise a "fee plus" rate that indicates the
core rate plus the range of possible additions,
depending on the particular location of the
subscriber."
The FCC's Third Order- on Reconsideration (MM Dockets
92 -266 and 92 -262, FCC.File 94 -40, released March 30, 1994)
further clarified how rates should be advertised. In
footnote 99, the FCC indicated:
"For instance, an advertisement might declare that
basic service is $14.00 per month plus a franchise
fee of 280 to 700, depending on location, or that
it is $14.28 to $14.70 depending on location."
In its October 27 letter,. Sonic quotes FCC. 76.946 as
permitting their method of advertising. However, Sonic does
not comply with the example utilized by the FCC in
demonstrating how a "range of fees" should be represented.
Sonic should be directed to correct its advertisements
to comply with this requirement.
Additionally, as noted above, Sonic should be directed
to unbundle its rates for remote controls and addressable.
converters.
COLLAPSING OF TIERS
In the FCC's Third order on Reconsideration the issue
of how certain "evasions" of the regulations would be
prevented is discussed. In paragraph 134, the Order
indicates,
11134. Collapsing multiple tiers of service into
the basic tier of service, which ultimately
eliminates the service choice previously available
to customers that raises the price of cable
service for all basic tier subscribers may also be
considered an evasion by circumventing the rules
intended to reduce the cost of cable service and
to provide for the buy- through of only desired
services. Upon receipt of a complaint on any
potential evasion, we will consider, inter alia,
Ms. Deb Hossli
City of San Luis Obispo
November.17, 1994
Page 10
such circumstances as the timing of the cable
operator's actions (e.g., whether they occurred on
the eve of regulation or in response to the filing
of a complaint), the price to subscribers before
and after the actions, a comparison of the level
of service received by the subscriber before and
after the cable operator's actions, and whether
the action resulted in the avoidance of the tier
buy- through prohibition. Practices that have. the
effect of increasing subscriber choice and /or
reducing rates generally will not be found evasive
of our rules."
On September 1, 1993, Sonic "collapsed" two tiers of
service.nto one, in what may be considered a possible
evasion of the FCC's regulations. The City may wish to
notify the FCC of Sonic's actions and request appropriate
action.
CONCLUSIONS
A summary of the rates indicated by this analysis,
comparing them to the current Sonic rates, is listed below.
W
8 As discussed above, if these units are not considered "leased" because
the operator does not charge for them, these amounts would decrease to
zero.
Actual Rate
Permitted Rate
Basic Service
$24.21
$23.63
Remote Control
=0=
0.038
Converter #1
0.29
0.30
Converter 02
-0-
0.308
Hourly Rate
28.65
28.79
Installation
Unwired Home
39.95
40.02
Prewired Home
.25.60
.25.62
Add' 1. Outlet
(with install)
it 11.3o
i1j�0 11.23
�/
Add'l. Outlet
(after install)
25.60
25.62
Relocate Outlet
25.60
25.62
Tier Change
2.66
2.00
W
8 As discussed above, if these units are not considered "leased" because
the operator does not charge for them, these amounts would decrease to
zero.
Ms. Deb Hossli
C11 C
City of San Luis Obispo
November 17, 1994
Page it
As can be seen, the actual rates are.greater than.the
permitted levels for Basic Service and installation of
additional outlets (at the same time as the initial
installation). The rates for all other items are less than
the permitted rate.
It is noted that relatively few subscribers typically
Pay the posted rates for installations, since special
promotions are frequently offered in the industry.
The City has the authority to order _rates which Are in
excess of the maximum to be reduced and refunds paid to
subscribers who were overcharged. Recent FCC- rulings appear
to permit the operator to offset any refund liability by the
amount that other rates are below the maximum permitted.
The FCC regulations appear to provide that the gross amount
of overcharges to all subscribers be reduced by the gross
amount of undercharges. The net result is.then divided
equally among all subscribers.
This is one of the reasons that the issue of leased
remote converters.is key. In addition to being able to
justify a higher rate (or, in fact, any rate) for the remote
control and addressable converter, permitting the free units
to be counted As "leased" would allow Sonic to offset a
portion of its refund liability..
Assuming for the moment that there is no refund
liability based on the installation charges (thinking that
few subscribers pay the posted rates), counting the free
equipment as leased would reduce the net refund liability
from approximately $0.58 per subscriber per month to
Approximately $0..20 per subscriber per month.9
Pursuant to the FCC's regulations, the City may order
rate reductions and rebates (or credits) to affected
subscribers dating back to July 14, 1994.10
If the City disallows the inclusion of the remote.
controls and converters in the category of leased units in
9 Based on 13,135.subscribers, 11,300 remote controls, 4,150 basic
converters and 15,494 addressable converters. The net refund is based
on the total of each category multiplied by the total over or .
undercharge which are then added together and divided by the total
number of subscribers.
10 Section 76.942(a) requires a franchising authority to give the cable
operator notice and the opportunity to comment prior to ordering
refunds. Administratively, this may be considered as part of the
participation of interested parties (possibly a public hearing).
Ms. Deb Hossli C
City of San Luis Obispo
November 17, 1994
Page 12
service, it is likely that Sonic would appeal the City's
decision to the FCC. FCC 76.944 states that the Commission
is the sole forum for appeals by cable operators in cases
where the franchising authority has followed.the FCC rules.
Appeals may be made in court if the operator contends that
the franchising authority has not followed the rules.. All
conclusions described above are believed to be based upon
the current FCC rules for regulation of cable rates.
The operator has 30 days from the .release of the
franchising authority's written order to appeal to the FCC.
The franchising authority then has 15 days to submit its
opposition to this appeal. Many cities feel that legal
counsel is appropriate for the opposition of any appeal.
A possible alternative to the appeal process could
involve the issuance of an "accounting order" pursuant to
FCC 76.933(c).11 This would permit the City to protect
subscriber rights for potential refunds while requesting FCC
clarification on this issue. Since FCC rules permit refunds
to be ordered for a maximum of 12 months12 (but not earlier
than the effective date of the rules), so long as an FCC
decision and appropriate City rate order were made prior to
July 14, 1995, subscriber refund rights (.including interest)
would be preserved.
Finally, it is noted that if refunds are ordered, the
franchising authority will have to reimburse (or credit on
future payments) any franchise fees which may have been paid
on the refunded amount.
RECO2MENDATIONS
The following actions are recommended_ (based upon City
agreement with the preceding report):
1. Sonic should be provided a copy of this
report and given the opportunity to comment.
11 Section 76.933(c) of the FCC regulations reads, in part, "Provided,
however, that in order to order refunds, a franchising authority must
have issued a brief written order to the cable operator by the end of
the 90 or 150 -day period permitted in paragraph (b) of this section
directing the operator to keep an accurate account of all amounts
received by reason of the rate in issue and on whose behalf such amounts
were paid." The reference to "accurate account" is generally referred
to as an "accounting order ".
12 FCC 76.942.
Ms. Deb Hossli
C-
City of San Luis Obispo
November 17, 1994
Page 13
2. The City should provide "interested parties"
the opportunity to participate in the review
process. This most likely will take the form
of a public hearing.
3. The City should confirm that the shared hours
of use on Channels 2 and 7 provide satellite-
delivered programming a preponderance of.the
time.
4. Sonic should be directed to reduce its rates
to the level indicated as permitted in.Form
1200.
5. The City should consider contacting the FCC
for a preliminary indication of how the
leased converter units which Sonic provides
for free should be included.
6. The City should make a determination whether
Sonic has correctly calculated the permitted
equipment charges.
7. Based on the findings above, Sonic should be
directed to provide refunds to subscribers,
including interest, as prescribed by FCC
Section 76.942.
8. The City should direct Sonic to comply with
FCC regulations concerning the advertising of
rates and itemization_ on subscriber bills.
This includes having rates which accurately
reflect all charges, and properly "unbundle"
charges.
9. The City should consider notifying the FCC of
the possible "evasion" of the regulations as
a result of the collapsing of tiers.
10. Sonic should be directed to show compliance
with any City orders.
The City is reminded that it must act prior to the
expiration of the time permitted by FCC regulations for
review. These deadlines are indicated on page 2 of this
report (February 27, 1995 for Form 1200 and February 2, 1995
for Form 1205). In general, the City may find it advisable
to act significantly prior to these deadlines, so that Sonic
will be unable to dispute whether the City has followed FCC
requirements.
A'
RESOLUTION NO._- (1995 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL AND UPHOLDING THE ACTION TAKEN BY THE
ARCHITECTURAL REVIEW COMMISSION TO DENY APPROVAL OF A
32- SQUARE -FOOT MONUMENT SIGN AT 2115 AND 2121 BROAD STREET IN THE
C -N ZONE, WHERE 24 SQUARE FEET IS THE MAXIMUM AREA ALLOWED.
(ARC 156 -94)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Finding s. That this Council, after consideration of ARC 156 -94 and the
Architectural Review Commission's decision, staff recommendations, public testimony, and
reports thereof, makes the following finding:
The Sign Regulations establish a maximum sign area of 24 square feet for freestanding
and monument signs in the Commercial- Neighborhood zone, and no unusual conditions
or exceptional circumstances exist on this site which warrant granting an exception to the
Sign Regulations to allow a larger sign area.
SECTION 2. Denial. The appeal of the Architectural Review Commission's action
regarding ARC 156 -94 is hereby denied, and the action of the ARC to allow a 6 -foot tall sign
where 4 feet is the maximum height allowed, and deny a 32- square -foot sign area where a.24-
square -foot sign area is the maximum allowed by the Sign Regulations is hereby upheld.
R -8384
Resolution No. 8384 (1995 Series)
Page 2
On motion of Council Member Smith ,seconded by Council Member Roalman
, and on the following roll call vote:
AYES: Council Members Smith, Roalman, Vice Mayor Romero, Council Member Williams,
and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 17 day of January 95.
Mayor Allen K. Settle
ATTEST:
t
` i Clerk D ane Gladwell
APPROVED:
1,
wmL:lreso \156- 94d.arc
s-
', ,,
i
RESOLUTION NO. 8383 (1995 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SAN LUIS OBISPO DENYING AN APPEAL FOR A
TREE REMOVAL REQUEST AT 3960 SOUTH HIGUERA STREET
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 vice Mayor Romero seconded by
Council Member Smith , and on the following roll call vote:
AYES: Vice Mayor Romero,.Council Members Smith, Roalman, Williams, and Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 17th
199 S:
Mayor Allen K. Settle
EST:
(i
Di' a Gla well, City Clerk
APPROVED TO FORM:
3960hig.res /tm #3
day of January ,
R -8383
LX\
DILLPROPERTIES
February 9, 1999
Mr. David Elliott
Administrative Analyst
Public Works Department
City of San Luis Obispo
955 Morro Street
San Luis Obispo, CA 93401
Re :.:12Ml -. - Senator OTConnef -
Enclosed please find an original " LEASE:AMELVDIvIENi' " to the lease on the above premises..
which has finally been returned to me, executed by the Senate Rules Committee.
I will now proceed to meet with the Lessee's staff and proceed to accomplish the required work to
the premises. I will keep you advised.
I have appreciated the opportunity of serving you in this matter .
Please advise in the event of questions on this matter.
Cordially,
DILL Commercial Properties
Hal A. Dill
VM1 ww voizru
PUBLIC WORKS /UTILITIES
COMMERCIAL-INDUSTRIAL SPECIALISTS SINCE 1960
aea roa' BROKERAGE •COUNSEI,ING•MANAGEMENT
dfail to: P. O. BOX 13755 (93406)
2146 PARKER STREET. SUITE A -4, SAN LUIS OBISPO, CA (934011 (805) 544 -3700 FAX (805) 544- K:l.'1Lj'gI&g
Senator Jack O'Connell
Lease #94/95 -16
SENATE CALIFORNIA LEGISLATURE
KEASE AMENDMENT 1
This lease amendment is made and entered into this 23`a day of December 1998, by and between
(The City of San Luis Obispo) and the Senate Rules Committee of the California Legislature,
hereinafter called State.
It is agreed between Lessor and Lessee to modify the lease by amending Section 2 in the following
manner:
TO HAVE AND HOLD said leased premises, together with the appurtenances, rights, privileges, and
easements thereunto belonging or appertaining unto State, for a term commencing on the I st day of
December 1998 and terminating on the 30th day of November 2002 with such rights of termination as are
hereinafter set forth, with rental payable by State in arrears on the last day of the month in an amount as
follows:
$1.59 PER SQUARE FOOT FOR 800 SQUARE FEET FOR A TOTAL MONTHLY RENTAL OF
x$1,275.00) ONE THOUSAND TWO HUNDRED AND SEVENTY FIVE DOLLARS.
THE FOLLOWING TERMS are hereby incorporated into the lease:
1) The Lessor, at his expense, shall re -paint subject premises.
2) The number of parking spaces permit, as set forth in paragraph 2.2 of the lease
shall be increased to four (4).
3) The Lessor, at his expense shall clean carpets annually.
4) The Lessor, at his expense, will install window coverings on front window.
With the exception of the new paragraphs set out above, all other terms, covenants and agreements of the
Lease shall remain in full force and effect.
ylber of the Senate
LESSOR
CITY OF SAN LUIS OBISPO
yc1
LESSEE
SENATE RULES COMMITTEE
of CALIFORNIA
By: P.
xectitive Officer
Date: 2/2/99
DILL
January 5, 1999
Mr. David Elliott
Administrative Analyst
Public Works Department
City Of San Luis Obispo,
955 Morro Street
San Luis Obispo, CA 93401
Re: 1260 A Chorro -Senator O'Connell
EDOJAN - 6 1999
IF SAN LUI5 ut;laru
WORKS DEPARTiZENT
Enclosed please find three (3) proposed original Amendments to the lease on the above location, finally
received from the Senate Rules Committee., with a copy of the coyer letter dated 12-28-98.
I believe the terms and conditions contained therein are as we previously discussed, however please call
me in the event of any questions.
Upon approval , please obtain the necessary signature by the city and return all originals to me for
transmittal to the Lessee. I will return a fully executed original to you upon receipt.
I have also, in accord with our previous discussion, enclosed an Amendment to my Property
Management Contract for your approval , as it has long expired . The fee remains the same.
Sincerely ,
DILL Commercial Properties
Hal A- Dill
®
MI
COMEIiCIAL INDUSTMAL SPECIALISTS SINCE 1'960
AEALTONID BROKERAGE •COUNSELING•AIANAGEMENT
Mail to: P. O. BOX 13755 (93406)
2146 PARKER STREET. SUITE A -4, SAN LUIS OBISPO, CA (93401) (805) 544 -3700 FAX (805) 544 -6576
RESOLUTION NO
8382 (1995 SERIES)
APPROVING AN AGREEMENT TO LEASE CITY -OWNED
PROPERTY AT 1260 CHORRO STREET, SUITE A
WHEREAS; the City of San Luis Obispo owns 760 square feet of storefront space
zoned for offices at 1260 Chorro Street, Suite A (in the Marsh Street Parking Garage); and
WHEREAS, the City wants to lease this space to a stable, long -term tenant; and
WHEREAS, the Senate Rules Committee of the California Legislature has submitted
a proposal to lease this space as a local office for Senator Jack O'Connell; and
WHEREAS, the City has accepted this proposal on condition that the City Council
approve a lease agreement;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of San
Luis Obispo to:
1: approve the lease agreement between the City of San Luis Obispo and the
Senate Rules Committee of the California Legislature;
2. authorize the City Administrative Officer to execute the agreement; and
3. direct the City Clerk to forward three originals of the lease agreement
executed by the City to Dill Commercial Properties via the public works staff.
On motion of vice Mayor Romero_ , seconded by
Council Member Williams . and on the following roll call vote:
AYES; Vice Mayor Romero, Council Members Williams, Roalman, Smith & Mayor Settl
NOES: None
ABSENT: None
the foregoing resolution was adopted this .17thday of January 1995..
Mayor Allen K. Settle
APPROVED AS TO FORM:
ATTEST:
Assistant City Clerk
X_ 8382
GU.• FORMA L.FICI8LATURE
d(AIN K. LI•:WIN
III I: I MAIN
RU13EN S. AYALA t,,� `t
SENATE RULES COMMITTEE
JOHN I.. FlURTON
I II:uI;.\ AN
December 28, 1998
Mr. Hal Dill
Dill Commercial Properties
2146 Parker Street, Suite A -4
San Luis Obispo, CA 93401
(805)544 -3700
Dear Hal:
I II:ICCUIt1' lit:HMI T
KO II\ li ROIN
wm I1 r11 .0
G \ I lil \ LACAGI:ITU
?:I 11) ISI:CI:'I'I\ V. OFFIf F:II
PAT 10EBB
i'ii \I \III "I'1•:1:.1:,'I:1�1', \I:1'
Enclosed for the City's signature are (3) original copies of the lease
amendment.
When the City has completed all paperwork, please return all three
amendments to my office. When 1 have obtained all necessary signatures, 1
will forward a fully executed copy to your office for your records.
The additional rent of $175.00 per month will be reflected in the January
1999 . payment. If you have any questions, please feel free to contact me at
916/324 -9335.
Sinc rely, '
1�1ure11'Ri. Hammond
LRH
Attachments
cc: Tom Jones, Office of Senator Jack O'Connell
STATE CAPITOL • FOURTH FLOOR • SACRA:Mi, :N•I'O, GALJFORNIA 95814 -4906 • (916) 445 -4311 -
COMMERCIAL
PROPERTIES
December 10, 1998
Ms Lauren Hammond, Consultant
Senate Rules Committee
State Capital , Room 400
Sacramento, CA 95814
Re: Lease Renewal.- 1260 "A', Chorro St.
San Luis Obispo{ Seilator O' Conzlcll )
Dear Lauren
Pursuant to my letter to Senator O'Connell of 11 -6 -98 and my subsequent telephone conversationwith
you, I am taking enclosing herewith revised " Lease Modification & Extension Agreements"
incorporating items 3, 4 & 5, which we discussed.
As previously mentioned , the lease expired on 11 -30 -99 and the Lessor wishes to finalize this matter .
We have received rent for the month of December in the sum of $ 1100.00 , therefore a balance d_ ue
for .December of $ 175.00.
Please return both agreements to this office after execution by the Lessee, and I will return a fully
execute copy to you .
Please do not hesitate to contact my office, in the event of questions on this matter..
Sincerely,
DILL Commercial Properties
Hal A. Dill
i rim-E
cc; Dave Elliott
RER°
DEC 16 1998
LUIS OBISPO
KS /UTILITIES
COMMERC1A1.1111)UST1441, SPECIALISTS SINCE 1960
BROKE ItAG,F. -COUNS I?I.I NG•DIANAGEMENT
Mail to: 1'. 0. BOX 13755 (93406)
2146 PARKER STREET. SUITE A -4, SAN LUIS OBISPO, CA (9]401) (805) 544 -3700 FAX (805) 544 -6576
r ,
RESOLUTION NO. 8382 (1995 SERIES)
APPROVING AN AGREEMENT TO LEASE CITY -OWNED
PROPERTY AT 1260 CHORRO STREET, SUITE A
WHEREAS, the City of San Luis Obispo owns 760 square feet of storefront space
zoned for offices at 1260 Chorro Street, Suite A (in the Marsh Street Parking Garage); and
WHEREAS, the City wants to lease this space to a stable, long -term tenant; and
WHEREAS, the Senate Rules Committee of the California Legislature has submitted
a proposal to lease this space as a local office for Senator Jack O'Connell; and
WHEREAS, the City has accepted this proposal on condition that the City Council
approve a lease agreement;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of San
Luis Obispo to:
1. approve the lease agreement between the City of San Luis Obispo and the
Senate Rules Committee of the California Legislature;
2. authorize the City Administrative Officer to execute the agreement; and
3. direct the City Clerk to forward three originals of the lease agreement
executed by the City to Dill Commercial Properties via the public works staff.
On motion of Vice Mayor Romero , seconded by
Council Member Williams and on the following roll call vote:
AYES: Vice Mayor Romero, Council Members Williams, Roalman, Smith & Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this :17thday of January 1995.
i
Mayor Allen K. Settle
APPROVED AS TO FORM:
ATTEST:
Assistant City Clerk
9- 8 392
DISCLOSURE STATEMENT
THIS IS TO NOTIFY THE SENATE RULES COMMITTEE THAT EITHER, TO
THE BEST OF MY KNOWLEDGE, NEITHER I NOR ANY MEMBER OF MY
STAFF, HAVE HAD ANY BUSINESS OR FINANCIAL ASSOCIATION WITH
THE LANDLORD /OWNER LISTED BELOW OR I WISH TO NOTIFY THE RULES
COMMITTEE OF THE FOLLOWING RELATIONSHIP:
SENATOR
J
I
LESSOR
CITY 0 N LUISNBISPO
By- - -- --- m = --
--Admn iv ,0�fficer
ity Clerk
STATE CAPITOL FOURTH FLOOR SACRAMENTO, CALIFORNIA 95814 - (916) 445 -4311
G
California Legislature
MEMBERS
WILLIAM A. CRAVEN
Senate Rules Committee
VICE CHAIRMAN
RUBEN S. AYALA
ROBERT G. BEVERLY
NICHOLAS C. PETRIS
BILL LOCKYER
CLIFF BERG
Chairman
EXECUTIVE OFFICER
DISCLOSURE STATEMENT
THIS IS TO NOTIFY THE SENATE RULES COMMITTEE THAT EITHER, TO
THE BEST OF MY KNOWLEDGE, NEITHER I NOR ANY MEMBER OF MY
STAFF, HAVE HAD ANY BUSINESS OR FINANCIAL ASSOCIATION WITH
THE LANDLORD /OWNER LISTED BELOW OR I WISH TO NOTIFY THE RULES
COMMITTEE OF THE FOLLOWING RELATIONSHIP:
SENATOR
J
I
LESSOR
CITY 0 N LUISNBISPO
By- - -- --- m = --
--Admn iv ,0�fficer
ity Clerk
STATE CAPITOL FOURTH FLOOR SACRAMENTO, CALIFORNIA 95814 - (916) 445 -4311
G
STANDARD OFFICE LEASE -GROSS
AMERICAN INDUSTRIAL REAL ESTATE ASSOCIATION
1. Basic Lease Provisions ( "Basic Lease Provisions")
1.1 Parties: This Lease dated, for reference purposes only, .
THE CITY OF SAN LUIS OB
19q4 ,.
is made by and between
(herein called "Lessor") and THE SENATE RULES COMMITTEE California Legislature. 'herein called the State.
(herein called "Lessee").
1.2 Premises: suite Number(s) "'A". f 1 rst floor, cens(sling of pproximately 800 feet, more or less, as defined
in paragraph 2 and as shown on Exhibit "A" hereto (the "Premises "). 1 nC l ud i ng use 0 —common hallway and restrooms.
1.3 Building: Commonly described as being located at 1260 Chorro Street
in the City of San Luis Obispo -.
County of San Luis Obispo
State of California as more particularly described in Exhibit °A„ hereto, and as defined in paragraph 2.
1.4: use: Ofices of State Senator
subject to paragraph 6.
1.5 Term: The period commencing January 1. 1995 ("Commencement Date ")
and ending r+u
1.6 Base Rent:
per paragraph 4.1
month, payable on
as defined in paragraph 3.
ItIllL day of each month,
1.7 Base Rent Increase; On each annual anniversary rnmmPncemant date the monthly Base Rent payable under'
paragraph 1.6 above shall be adjusted as provided in paragraph 4.3 below.
1.8 Rent Paid Upon Execution: -0'
for _
1.9 Security Deposit: -"-
1.10 Lessee's Share of Operating Expense Increase: 1-7.75% as defined in paragraph 4.2.
2. Premises, Parking and Common Areas.
2.1 Premises: The Premises are a portion of a building, herein sometimes referred to as the "Building" identified in paragraph 1.3 of the Basic
Lease Provisions. "Building" shall include adjacent parking structures used in connection therewith. The Premises, the Building, the Common Areas,
the land upon which the same are located, along with all other buildings and improvements thereon or thereunder, are herein collectively referred to
as the "Office Building Project:' Lessor hereby leases to Lessee and Lessee leases from Lessor for the term, at the rental, and upon all of the conditions
set forth herein, the real property referred to in the Basic Lease Provisions, paragraph 1.2, as the "Premises:' including rights to the Common Areas as
hereinafter specified.
2.2 Vehicle Parking: So long as Lessee is not in default, ajd subject to the rules and regulations attached hereto, and as established by Lessor
from time to time, lessee shall be entitled to Mq(JQ use parkinq/s aces! th oe B ildingfQpQp(pt)py(tjpg( 6tgfXRJi61if7E1dat9Cx9QR
t R�Di ly R Rk b x permilstJ hr.Y city parking stucture.
2.2.1 If Lessee commits; permits or allows any of the prohibited activities described in the Lease or the rules then in effect, then Lessor shall
have the right, without notice, in addition to such other rights and remedies that it may have, to remove or tow away the vehicle involved and charge
the cost to Lessee, which cost shall be immediately payable upon demand by Lessor.
2.2.2 The monthly parking rate per parking space will be S '0- per month at the commencement of the term of this Lease,
and is subject to change upon five (5) days prior written notice to Lessee. Monthly parking fees shall be payable one month in advance prior to the
first day of each calendar month.
2.3 Common Areas - Definition. The term "Common Areas" is defined as all areas and facilities outside the Premises and within the exterior
bouridary line of the Office Building Project that are provided and designated by the Lessor from time to time for the general non - exclusive use of
Lessor, Lessee and of other lessees of the Office Building Project and their respective employees, suppliers, shippeis,customersand Invitees, including
but not limited to common entrances, lobbies, corridors; stairways and stairwells, public restrooms, elevators, escalators, parking areas to the extent
not otherwise prohibited by this Lease, loading and unloading areas, trash areas, roadways, sidewalks, walkways, parkways, ramps, driveways, land-
scaped areas and decorative walls.
2.4 Common Areas -Rules and Regulations. Lessee agrees to abide by and conform to the rules and regulations attached hereto as Exhibit B
with respect to the Office Building Project and Common Areas, and to cause its employees, suppliers, shippers, customers, and invitees to so abide
and conform. Lessor or such other person(s) as Lessor may appoint shall have the exclusive control and management of the Common Areas and
shall have.the right, from time to time, to modify, amend and enforce said rules and regulations. Lessor shall not be responsible to Lessee for the non-
compliance with said rules and regulations by other lessees, their agents, employees and invitees of the Office Building Project,
2.5 Common Areas- Changes. Lessor shall have the right, in Lessor's sole discretion, from time to time:
(a) To make changes to the Building interior and exterior and Common Areas, including, without limitation, changes in the location, size, shape,
number, and appearance thereof, including but not limited to the lobbies, windows, stairways, air shafts, elevators, escalators, restrooms, driveways,
entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, decorative walls, landscaped areas and
walkways; provided, however, Lessor shall at all times provide the parking facilities required by applicable law;
(b) To close temporarily any of the Common Areas for maintenance purposes so long as reasonable access to the Premises remains available;
(c) To designate other land and improvements outside the boundaries of the Office Building Project to be a part of the Common Areas, provided
that such other land and improvements have a reasonable and functional relationship to the Office Building Project;
(d) To add additional buildings and improvements to the Common Areas;
(e) To use the Common Areas while engaged in making additional improvements, repairs or alterations to the Office Building Project, or any
portion thereof;
(f) To do and perform such other acts and make such other changes in, to or with respect to the Common Areas and Office Building Project
as Lessor may, in the exercise of sound business judgment deem to be appropriate.
Term.
3.1 Term. The tens and Commencement Date of this Lease shall be as specified in paragraph 1.5 of the Basic Lease Provisions.
3.2 Delay in Possession. Notwithstanding said Commencement Date, if for any reason Lessor cannot deliver possession of the Premises to Lessee
on said date and subject to paragraph 3.2.2, Lessor shall not be subject to any liability therefor, nor shall such failure affect the validity of this Lease or
the obligations of Lessee hereunder or extend the term hereof; but, in such case, Lessee shall not be obligated to pay rent or perform any other obli-
gation of Lessee under the terms of this Lease, except as may be otherwise provided in this Lease, until possession of the Premises is tendered to
Lessee, as hereinafter defined; provided, however, that if Lessor shall not have delivered possession of the Premises within sixty (60) days following
said Commencement Date, as the same may be extended under the terms of a Work Letter executed by Lessor and Lessee, Lessee may, at Lessee's
Initials!
r 1984 American Industrial Real Estate Association FULL SERVICE -GROSS
PAGE 1 of 10 PAGES
option, by notice in writing to Lessor within ten (10) days thereafter, cancel this Lease, in which event the parties shall be discharged from all
obligations hereunder; provided, however, that, as to Lessee's obligations, Lessee first reimburses Lessor for all costs incurred for Non - Standard
Improvements and, as to Lessor's obligations, Lessor shall return any money previously deposited by Lessee (less any offsets due Lessor for Non-
Standard Improvements); and provided further, that if such written notice by Lessee is not received by Lessor within said ten (10) day period, Lessee's
right to cancel this Lease hereunder shall terminate and be of no further force or effect.
3.2.1 Possession Tendered— Defined. Possession of the Premises shall be deemed tendered to Lessee ( "Tender of Possession ") when (1) the
improvements to be provided by Lessor under this Lease are substantially completed, (2) the Building utilities are ready for use in the Premises,
(3) Lessee has reasonable access to the Premises, and (4) ten (10) days shall have expired following advance written notice to Lessee of the occurrence
of the matters described in (1), (2) and (3), above of this paragraph 321.
3.2.2 Delays Caused by Lessee. There shall be no abatement of rent, and the sixty (60) day period following the Commencement Date before
which Lessee's right to cancel this Lease accrues under paragraph 3.2, shall be deemed extended to the extent of any delays caused by acts or
omissions of Lessee, Lessee's agents, employees and contractors.
3.3 Early Possession. If Lessee occupies the Premises prior to said Commencement Date, such occupancy shall be subject to all provisions of this
Lease, such occupancy shall not change the termination date, and Lessee shall pay rent for such occupancy.
3.4 Uncertain Commencement In the event commencement of the Lease term is defined as the completion of the improvements, Lessee and
Lessor shall execute an amendment to this Lease establishing the date of Tender of Possession (as defined in paragraph 3.2.1) or the actual taking of
possession by Lessee, whichever first occurs, as the Commencement Date.
4. Rent
4.1 Base Rent Subject to adjustment as hereinafter provided in paragraph 4.3, and except as maybe otherwise expressly provided in this Lease,
Lessee shall pay to Lessor the Base Rent for the Premises set forth in paragraph 1.6 of the Basic Lease Provisions, without offset or deduction. Lessee
shall pay Lessor upon execution hereof the advance Base Rent described in paragraph 1.6 of the Basic Lease Provisions. Rent for any period during
the term hereof which is for less than one month shall be prorated based upon the actual number of days of the calendar month involved. Rent shall
be payable in lawful money of the United States to Lessor at the address stated herein or to such other persons or at such other places as Lessor
may designate in writing.
4.2 Operating Expense Increase. Lessee shall pay to Lessor during the term hereof, in addition to the Base Rent, Lessee's Share, as hereinafter
defined, of the amount by which all Operating Expenses, as hereinafter defined, for each Comparison Year exceeds the amount of all Operating
Expenses forthe Base Year, such excess being hereinafter referred to as the "Operating Expense Increase;' in accordance with the following provisions:
(a) "Lessee's Share" is defined, for purposes of this Lease, as the percentage set forth in paragraph 1.10 of the Basic Lease Provisions, which
percentage has been determined by dividing the approximate square footage of the Premises by the total approximate square footage of the rentable
space contained in the Office Building Project. It is understood and agreed that the square footage figures set forth in the Basic Lease Provisions are
approximations which Lessor and Lessee agree are reasonable and shall not be subject to revision except in connection with an actual change in the
size of the Premises or a change in the space available for lease in the Office Building Project.
(b) "Base Year" is defined as the calendar year in which the Lease term commences.
(c) "Comparison Year" is defined as each calendar year during the term of this Lease subsequent to the Base Year; provided, however, Lessee
shall have no obligation to pay a share of the Operating Expense Increase applicable to the first twelve (12) months of the Lease Term (other than such
as are mandated by a governmental authority, as to which government mandated expenses Lessee shall pay Lessee's Share, notwithstanding they
occur during the first twelve (12) months). Lessee's Share of the Operating Expense Increase for the first and last Comparison Years of the Lease
Term shall be prorated according to that portion of such Comparison Year as to which Lessee is responsible for a share of suoh increase.
(d) "Operating Expenses" is defined, for purposes of this Lease, to include all costs, if any, incurred by Lessor in the exercise of its reasonable
discretion, for:
(i) The operation, repair, maintenance, and replacement, in neat, clean, safe, good order and condition, of the Office Building Project,
including but not limited to, the following:
(aa) The Common Areas, including their surfaces, coverings, decorative items, carpets, drapes and window coverings, and including
parking areas, loading and unloading areas, trash areas, roadways, sidewalks, walkways, stairways, parkways, driveways, landscaped areas, striping,
bumpers, irrigation systems, Common Area lighting facilities, building exteriors and roofs, fences and gates;
(bb) All heating, air conditioning, plumbing, electrical systems, life safety equipment, telecommunication and other equipment used in
common by, or for the benefit of, lessees or occupants of the Office Building Project, including elevators and escalators, tenant directories, fire detection
systems including sprinkler system maintenance and repair.
(if) Trash disposal, janitorial and security services;
(iii) Any other service to be provided by Lessor that is elsewhere in this Lease stated to be an "Operating Expense ";
(iv) The cost of the premiums for the liability and property insurance policies to be maintained by Lessor under paragraph 8 hereof;
(v) The amount of the real property taxes to be paid by Lessor under paragraph 10.1 hereof;
(vi) The cost of water, sewer, gas, electricity, and other publicly mandated services to the Office Building Project;
NO Labor, salaries and applicable fringe benefits and costs, materials, supplies and tools, used in maintaining and/or cleaning the Office
Building Project and accounting and a management fee attributable to the operation of the Office Building Project;
(viii) Replacing and /or adding improvemems mandated by any governmental agency and any repairs or removals necessitated thereby
amortized over its useful life according to Federal incorr.e tax regulations or guidelines for depreciation thereof (including interest on the unamortized
balance as is then reasonable in the judgment of Lessor's accountants);
(ix) Replacuments of equipment or improvements that have a useful life for depreciation purposes according to Federal income tax
guidelines of five (5) years or less, as amortized over such life.
(e) Operating Expenses snarl not include the costs of replacements of equipment or improvements that have a useful life for Federal income
tax purposes in excess of five (5) years unless it is of the type described in paragraph 4.2(d)(viii), in which case their cost shall be included as above
provided. -
(f) Operating Expenses shall not include any expenses paid by any lessee directly to third parties, or as to which Lessor is otherwise reimbursed
by any third party, other tenant, or by insurance proceeds.
(g) Lessee's Share of Operating Expense Increase shall be payable by Lessee within ten (10) days after a reasonably detailed statement of
actual expenses is presented to Lessee by Lessor. At Lessor's option, however, an amount may be estimated by Lessor from time to time in advance
of Lessee's Share of the Operating Expense Increase for any Comparison Year, and the same shall be payable monthly or quarterly, as Lessor shall
designate, during each Comparison Year of the Lease term, on the same day as the Base Rent is due hereunder. In the event that Lessee pays
Lessor's estimate of Lessee's Share of Operating Expense Increase as aforesaid, Lessor shall deliver to Lessee within sixty (60) days after the expiration
of each Comparison Year a reasonably detailed statement showing Lessee's Share of the actual Operating Expense Increase incurred during such
year. If Lessee's payments under this paragraph 4.2(g) during said Comparison Year exceed Lessee's Share as indicated on said statement, Lessee
shall be entitled to credit the amount of such overpayment against Lessee's Share of Operating Expense Increase next falling due. If Lessee's payments
underthis paragraph during said Comparison Yearwere less than Lessee's Share as indicated on said statement, Lessee shall pay to Lessor the amount
of the deficiency within ten (10) days after delivery by Lessor to Lessee of said statement. Lessor and Lessee shall forthwith adjust between them by
cash payment any balance determined to exist with respect to that portion of the last Comparison Year for which Lessee is responsible as to Operating
Expense Increases, notwithstanding that the Lease term may have terminated before the end of such Comparison Year.
4.3 Rent Increase.
4.3.1 At the times set forth in paragraph 1.7 of the Basic Lease Provisions, the monthly Base Rent payable under paragraph 4.1 of this Lease.. .
shall..be adjusted by.the increase; it any, in the Consumer Piice lndex•of the 'Bureau of Labor Statistics of the Department of Labor for All Urban
Consumers, (1967=100), "All Items;' for the city nearest the location of the Building, herein referred to as "C.P.I.;' since the date of this Lease.
4.3.2 The monthly Base Rent payable pursuant to paragraph 4.3.1 shall be calculated as follows: the Base Rent payable for the first month of
the term of this Lease, as set forth in paragraph 4.1 of this Lease, shall be multiplied by a fraction the numerator of which shall be the C.P.I. of the
calendar month during which the adjustment is to take effect, and the denominator of which shall be the C.P.I. for the calendar month in which the
original Lease term commences. The sum so calculated shall constitute the new monthly Base Rent hereunder, but, in no event, shall such new monthly
Base Rent be less than the Base Rent payable for the month immediately preceding the date for the rent adjustment.
4.3.3 In the event the compilation and /or publication of the C.P.I. shall be transferred to any other governmental department or bureau or
Initials:
c 1984 American Industrial Real Estate Association FULL SERVICE —GROSS
PAGE 2 OF 10 PAGES
agency or shall be discontinued, then the index most nearly the same as the C.P.I. shall be used to make Such calculations. In the event that Lessor
and Lessee cannot agree on such alternative index, then the matter shall be submitted for decision to the American Arbitration Association in the
County in which the Premises are located; in accordance with the then rules of said association and the decision of the arbitrators shall be binding
upon the parties, notwithstanding one party failing to appear after due notice of the proceeding. The cost of said Arbitrators shall be paid equally
by Lessor and Lessee.
4.3.4 Lessee shall continue to pay the rent at the rate previously in effect until the increase, if any, is determined. Within five (5) days following
the date on which the increase is determined, Lessee shall make such payment to Lessor as will bring the increased rental current, commencing with
the effective date of such increase through the date of any rental instalments then due. Thereafter the rental shall be paid at the increased rate.
4.3.5 At such time as the amount of any change in rental required by this Lease is known or determined. Lessor and Lessee shall execute an
amendment to this Lease setting forth such change.
5. Security Deposit. Lessee shall deposit with Lessor upon execution hereof the security deposit set forth in paragraph 1.9 of the Basic Lease
Provisions as security for Lessee's faithful performance of Lessee's obligations hereunder. If Lessee fails to pay rent or other charges due hereunder,
or otherwise defaults with respect to any provision of.this Lease, Lessor may use, apply or retain all or any portion of said deposit for the payment of
any rent or other charge in default for the payment of any other sum to which Lessor may become obligated by reason of Lessee's default, or to
compensate Lessor for any loss or damage which Lessor may suffer thereby. If Lessor so uses or applies all or any portion of said deposit, Lessee
shall within ten (10) days after written demand therefor deposit cash with Lessor in an amount sufficient to restore said deposit to the full amount
then required of Lessee. II the monthly Base Rent shall, froin time to lime, increase during the term of this Lease, Lessee shall, at the time of such
increase, deposit with Lessor additional money as asecurity deposit so that the total amount of thesecurity deposit held by Lessor shall at all times
bear the same proportion to the then current Base Rent as the initial security deposit moun.to the initial Base Rent set forth in paragraph 1al of the
Basic Lease Provisions. Lessor shall not be required to keep said security deposit Separate from to general accounts. If Lessee performs all of Lessee's
obligations hereunder, said deposit, a so much thereof pt has not heretofore been applied by Lessor, shall be returned, without payment of interest
or other increment for its use, to Lessee (or, at Lessor's No trust option, to the last assignee. if any, of Lessee's interest hereunder) at the expiration of the term
hereof. and alter Lessee has vacated the Premises. No trust relationship is created heroin between Lessor and Lessee with respect to saltf Sc:r;wi!y
Deposit.
6. Use.
6.1 Use. The Premises shall be used and occupied only for the purpose set forth in paragraph 1.4 of the Basic Lease Provisions or any other use
which is reasonably comparable to that use and for no other purpose.
6.2 Compliance with Law.
(a) Lessor warrants to Lessee that the Premises, in the state existing on the date that the Lease term commences, but without regard to altera-
tions or improvements made by Lessee or the use for which Lessee will occupy the Premises, does not violate any covenants or restrictions of record,
or any applicable building code, regulation or ordinance in effect on such Lease term Commencement Date. In the event it is determined that this
warranty has been violated, then it shall be the obligation of the Lessor, after written notice from Lessee, to promptly, at Lessor's sole cost and expense,
rectify any such violation.
(b) Except as provided in paragraph 6.2(a) Lessee shall, at Lessee's expense, promptly comply with all applicable statutes, ordinances, rules,
regulations, orders, covenants and restrictions of record, and requirements of any fire insurance underwriters or rating bureaus. now in effect or
which may hereafter come into effect, whether or not they reflect a change in policy -from that now existing, during the term or any part of the term
hereof, relating in any manner to the Premises and the occupation and use by Lessee of the Premises. Lessee shall conduct its business in a lawful
manner and shall not use or permit the use of the Premises or the Common Areas in any manner that will tend to create waste or a nuisance or shall
tend to disturb other occupants of the Office Building Project.
6.3 Condition of Premises.
(a) Lessor shall deliver the Premises to Lessee in a clean condition on the Lease Commencement Date (unless Lessee is already in possession)
and Lessor warrants to Lessee that the.plumbing, lighting, air conditioning, and heating system in the Premises shall be in good operating condition.
In the event that it is determined that this warranty has been violated, then it shall be the obligation of Lessor, after receipt of written notice from Lessee
setting forth with specificity the nature of the violation, to promptly, at Lessor's sole cost, rectify such violation.
(b) Except as otherwise provided in this Lease, Lessee hereby accepts the Premises and the Office Building Project in their condition existing
as of the Lease Commencement Date or the date that Lessee takes possession of the Premises. whichever is earlier, subject to all applicable zoning,
municipal, county and state laws. ordinances and regulations governing and regulating the use of the Premises, and any easements, covenants or
restrictions of record, and accepts this Lease subject thereto and to all matters disclosed thereby and by any exhibits attached hereto. Lessee
acknowledges that it has satisfied itself by its own independent investigation that the Premises are suitable for its intended use, and that neither Lessor
nor Lessor's agent or agents has made any representation or warranty as to the present or future suitability of the Premises. Common Areas, or Office
Building Project for the conduct of Lessee's.business.
7. Maintenance, Repairs, Alterations and Common Area Services.
7.1 Lessor's Obligations. Lessor shall keep the Office Building Project, including the Premises, interior and exterior walls, roof. and common areas,
and -the equipment whether used exclusively for the Premises or in common with other premises, in good condition and repair; provided, however,
Lessor shall not be obligated to paint, repair or replace wall coverings, or to repair or replace any improvements that are not ordinarily a part of the
Building or are above then Building standards. Except as provided in paragraph 9.5, there shall be no abatement of rent or liability of Lessee on
account of any injury or interference with Lessee's business with respect to any improvements, alterations or repairs made by Lessor to the Office
Building Project or any part thereof. L
tmheTghYto make repairs at Les r' erw+r+aie H� s teases Lessor s failure to keep the Premises In good order, condition
7.2 Lessee's Obligations.
(a) Notwithstanding Lessor's obligation to keep the Premises in good condition and repair, Lessee shall be responsible for payment of the
cost thereof to Lessor as additional rent for that portion of the cost of any maintenance and repair of the Premises, or any equipment (wherever located)
that serves only Lessee or the Premises, to the extent such cost is attributable to causes beyond normal wear and tear. Lessee shall be responsible
for the cost of painting, repairing or replacing wall coverings, and to repair or replace any Premises improvements that are not ordinarily a part of the
Building or that are above then Building standards. Lessor may, at its option, upon reasonable notice, elect to have Lessee perform any particular
such maintenance or repairs the cost of which is otherwise Lessee's responsibility hereunder.
(b) On the last day of the team hereof, or on any sooner termination, Lessee shall surrender the Premises to Lessor in the same condition as
received, ordinary wear and tear excepted, clean and free of debris. Any damage or deterioration of the Premises shall not be deemed ordinary wear
and tear if the same could have been prevented bygood maintenance practices by Lessee. Lessee shall repair any damage to the Premises occasioned
by the installation or removal of Lessee's trade fixtures, niterntions. lurnishing:; and crpiihnn:nl ExccPl :c; olhcrwisqu glided in this Lease. Lcsscs small
leave the air lines. Power pnnols. cteclrical distribution sysloin:;, lighting lixtur e:;, ;iii ronditioniny. window cow:611g e;. wall covering::, rar pr:!:;. N;ill
panelling. ceiling:; and plumhino on the I'remi ^en and in ynorl n!u,r alintl htir.n
7.3 Alterations and Additions.
(a) Lessee shall not, without Lessor's prior written consent make any alterations; improvements; additions, Utility Installations or repairs in, on
or about the Premises, or the Office Building Project. As used in this paragraph 7:3 the term "Utility Installation" shall mean carpeting, window and
wall coverings, power panels, electrical distribution systems, lighting fixtures, air conditioning, plumbing, and telephone and telecommunication wiring
and equipment. At the expiration of the term, Lessor may require the removal of any or all of said alterations. improvements. additions or Utility
Installations, and the restoration of the Premises and the Office Building Project to their prior condition, at Lessee's expense. Should Lessor permit
Lessee to make its own alterations, improvements, additions or Utility Installations, Lessee shall use only such contractor as has been expressly
approved by Lessor, and Lessor may require Lessee to provide Lessor, at Lessee's sole cost and expense, a lien and completion bond in an amount
equal to one and one -half times the estimated cost of such improvements, to insure Lessor against any liability for mechanic's and materialmen's
liens and to insure completion of the work. Should Lessee make any alterations, improvements, additions or Utility Installations without the prior
approval of Lessor, or use a contractor not expressly approved by Lessor, Lessor may, at any time during the term of this Lease. require that Lessee
remove any part or all of the same.
(b) Any alterations, improvements, additions or Utility Installations in or about the Premises or the Office Building Project that Lessee shall
desire to make shall be presented to Lessor in'written form, with proposed detailed plans. If Lessor shall give its consent to Lessee's making such
alteration, improvement, addition or Utility Installation, the consent shall be deemed conditioned upor Lessee acquiring a permit to do so from the
applicable governmental agencies, furnishing a copy thereof to Lessor prior to the commencement of the work, and comp!ia_nce by Lessee with all
conditions of said permit in a prompt and expeditious manner.
(c) Lessee shall pay, when due, all claims for labor or materials furnished or alleged to have been furnished to or for Lessee at or for use in
the Premises, which claims are or may be secured by any mechanic's or materialmen's lien against the Premises, the Building or the Office Building
Project, or any interest therein.
(d) Lessee shall give Lessor not less than ten (10) days' notice prior to the commencement of any work in the Premises by Lessee, and Lessor
shall have the right to post notices of non - responsibility in or on the Premises or the Building as provided by law. If Lessee shall, in good faith, contest
the validity of any such lien, claim or demand. then Lessee shall, at its sole expense defend itself and Lessor against the same and shall hay and s :dilly
initials:._
c 1984 American Industrial Real Estate Association FULL SERVICE —GROSS
PAGE 3 OF 10 PAGES
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se junowe jaleaj5 ev! jo paupwoo a6e_ w ep Aljadoid in000 jad 000'000'ls ueyj ssal jou jo junowe LIE ul'jualeA!nba jo
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0
9.2 Premises Damage; Premises Building Partial Damage.
(a) Insured Loss: Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which is
an Insured Loss and which falls into the' classification of either Premises Damage or Premises Building Partial Damage, then Lessor shall, as soon as
reasonably possible and to the extent the required materials and labor are readily available through usual commercial channels. at Lessor's expense,
repair such damage (but not Lessee's fixtures, equipment or tenant improvements originally paid for by Lessee) to its condition existing at the time of
the damage, and this Lease shall continue in full force and effect.
(b) Uninsured Loss: Subject to the provisions of paragraphs 9.4 and 9.5, if at any time during the term of this Lease there is damage which
is not an Insured Loss and which falls within the classification of Premises Damage or Premises Building Partial Damage, unless caused by a negligent
or willful act of Lessee (in which event Lessee shall make the repairs at Lessee's expense), which damage prevents Lessee from making any substantial
use of the Premises. Lessor may at Lessor's option either (i) repair such damage as soon as reasonably possible at Lessor's expense, in which event
this Lease shall continue in full force and effect. or (ii) give written notice to Lessee within thirty (30) days after the date of the occurrence of such
damage of Lessor's intention to cancel and terminate this Lease as of the date of the occurrence of such damage, in which event this Lease shall
terminate as of the date of the occurrence of such damage.
9.3 Premises Building Total Destruction; Office Building Project Total Destruction. Subject to the provisions of paragraphs 9.4 and 9.5, it at any
time during the term of this Lease there is damage, whether or not it is an Insured Loss, which falls into the classifications of either (i) Premises
Building Total Destruction, or (ii) Office Building Project Total Destruction, then Lessor may at Lessor's option either (i) repair such damage or
destruction as soon as reasonably possible at Lessor's expense (to the extent the required materials are readily available through usual commercial
channels) to its condition existing al the time of the damage, but not Lessee's fixtures, equipment or tenant improvements, and this Lease shall continue
in full force and effect, or (ii) give written notice to Lessee within thirty (30) days after the date of occurrence of.such damage of Lessor's intention to
cancel and terminate this Lease, in which case this Lease shall terminate as of the date of the occurrence of such damage..
9.4 Damage Near End of Tenn.
(a) Subject to paragraph 9.4(b), if at any time during the last twelve (12) months of the term of this Lease there is substantial damage to the
Premises, Lessor may at Lessor's option cancel and terminate this Lease as of the date of occurrence of such damage by giving written notice to
Lessee of Lessor's election to do so within 30 days after the date of occurrence of such damage.
(b) Notwithstanding paragraph 9.4(a), in the event that Lessee has an option to extend or renew this Lease, and the time within which said
option may be exercised has not yet expired, Lessee shall exercise such option, if it is to be exercised at all, no later than twenty (20) days after the
occurrence of an Insured Loss falling within the classification of Premises Damage during the last twelve (12) months of the term of this Lease. If Lessee
duly exercises such option during said twenty (20) day period, Lessor shall, at Lessor's expense, repair such damage, but not Lessee's fixtures, equip-
ment or tenant improvements, as soon as reasonably possible and this Lease shall continue in full force and effect. If Lessee fails to exercise such
option during said twenty (20) day period, then Lessor may at Lessor's option terminate and cancel this Lease as of the expiration of said twenty (20)
day period by giving written notice to Lessee of Lessor's election to do so within ten (10) days after the expiration of said twenty (20) day period,
notwithstanding any term or provision in the grant of option to the contrary.
9.5 Abatement of Rent; Lessee's Remedies.
(a) In the event Lessor repairs or restores the Building or Premises pursuant to the provisions of this paragraph 9, and any part of the Premises
are not usable (including loss of use due to loss of access or essential services), the rent payable hereunder (including Lessee's Share of Operating
Expense Increase) for the period during which such damage, repair or restoration continues shall be abated, provided (1) the damage was not the
result of the negligence of Lessee, and (2) such abatement shall only be to the extent the operation and profitability of Lessee's business as operated
from the Premises is adversely affected. Except for said abatement of rent, if any. Lessee shall have no claim against Lessor for any damage suffered
by reason of any such damage. destruction, repair or restoration.
(b) If Lessor shall be obligated to repair or restore the Premises or the Buildi rg under the provisions of this Paragraph 9 and shall not com-
mence such repair or restoration within ninety (90) days after such occurrence, or it Lessor shall not complete the restoration and repair within six (8)
months after such occurrence. Lessee may at Lessee's option cancel and terminate this Lease by giving Lessor written notice of Lessee's election to
do so at any time prior to the commencement or completion, respectively, of such repair or restoration. In such event this Lease shall terminate as
of the date of such notice.
(c) Lessee agrees to cooperate with Lessor in connection with any such restoration and repair, including but not !imited to the approval and /or
execution of plans and specifications required.
9.8 Termination — Advance Payments. Upon termination of this Lease pursuant to this paragraph 9, an equitable adjustment shall be made
concerning advance rent ano any advance payments made by Lessee to Lessor. Lessor shall, in addition, return to Lessee so much of Lessee's
security deposit as has not theretofore been applied by Lessor.
9.7 Waiver. Lessor and Lessee waive the provisions of any statute which relate to termination of leases when leased property is destroyed and
agree that such event shall be governed by the terms of this Lease.
10. Real Property Taxes.
10.1 Payment of Taxes. Lessor shall pay the real property tax, as defined in paragraph 10.3. applicable to the Office Building Project subject to
reimbursement by Lessee of Lessee's Share of such taxes in accordance with the provisions of paragraph 4.2, except as otherwise provided in
paragraph 10.2.
10.2 Additional Improvements. Lessee shall not be responsible for paying any increase in real propertv tax specified in the tax assessor's records
and work sheets as being caused by additional improvements placed upon the Office Building Project by other lessees or by Lessor for the exclusive
enjoyment of any other lessee. Lessee shall, however, pay to Lessor at the time that Operating Expenses are payable under paragraph 4.2(c) the
entirety of any increase in real propertv tax it assessed solely by reason of additional improvements placed upon the Premises by Lessee or at
Lessee's. request.
10.3 Definition of "Real Property Tax:' As used herein, the term "real property tax" shall include any form of real estate tax or assessment, general,
special, ordinary or extraordinary, and any license fee, commercial rental lax, improvement hond or bonds, levy or tax (other than inheritance. personal
income or esl:de taxes) imposed un the 011ice Building Project or any portion thereof by any authority having the direct or indirect power to tax,
including any city, county, stale or federal government, or any school, agricultural, sanitary, fire, street, drainage or other improvement district thereof,
as against any legal or equitable interest of Lessor in the Office Building Project or in any portion thereof, as against Lessor's right to rent or other
income therefrom, and as against Lessor's business of leasing the Office Building Project. The term "real propertv tax" shall also include any tax. fee,
levy, assessment or charge (i) in substitution of, partially or totally, any tax, fee,.levy, assessment or charge hereinabove included within the definition
of "real property tax :' or (ii) the nature of which was hereinbefore included within the definition of "real property tax :' or (iii) which is imposed for a
service or right not charged prior to June 1, 1978, or, if previously charged, has been increased since June 1, 1978, or (iv) which is imposed as a result
of a change in ownership, as defined by applicable local statutes for property tax purposes, of the Office Building Project or which is added to a tax or
charge hereinbefore included within the definition of real property tax by reason of such change of ownership, or (v) which is imposed by reason of this
transaction, any modifications or changes hereto, or any transfers, hereof.
10.4 Joint Assessment If the improvements or property, the taxes for which are to be paid separately by Lessee under paragraph 10.2 or 10.5 are
not separately assessed, Lessee's portion of that tax shall be equitably determined by Lessor from the respective valuations assigned in the assessor's
work sheets or such other information (which may include the cost of construction) as may be reasonably available. Lessor's reasonable determi-
nation thereof, in good faith,. shall be conclusive.
10.5 Personal Property Taxes.
personal property of Lessee contained in the Premises or
(b) If any of Lessee's said a wt Lessor's real property, Lessee shall pay to Lessor the taxes attributable
11. Utilities.
11.1 Services Provided by Lessor. Lessor shall provide heating, ventilation, air conditioning, and janitorial service as reasonably required, reason-
able amounts of electricity for normal lighting and office machines, water for reasonable and normal drinking and lavatory use, and replacement light
bulbs and /or fluorescent tubes and ballasts for standard overhead fixtures.
11.2 Services Exclusive to Lessee. Lessee shall pay for all water, gas, heat, light, power, telephone and other utilities and services specially or
exclusively supplied and /or metered exclusively to the Premises or to Lessee, together with any taxes thereon. If any such services are not separately
metered to the Premises. Lessee shall pay at Lessor's option, cilhor L( ,sec's Sharo or a reasr)nat l•:: prpporlion to he determined b; Lector of all
charges jointly metered with other promise, s in file Building.
11.3 Hours of Service. Said services and utilities shall be provided during generally accepted business days and hours or such other days or hours
as may hereafter be set forth. Utilities and services required at other times shall be subject to advance request and reimbursement by Lessee to
Lessor of the cost thereof.
Initials:____
c' 1984 American Industrial Real Estate Association FULL SERVICE =GROSS
PAGE 5 OF 10 PAGES
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aw!l 8141 le iossaq Aq palels as!miaylo aq Aew se ldaoxa
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'aassaq io iossaq Aq play Alunoas Aue io iossaq of io ;aiayl
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asealgns Lions
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japunaiay aassaq Aq pawiopad aq of suo!le6!lgo iayio
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ssau!snq ayi ;o waouoo 6u166 a se aassaq to slasse ay; pe sai!nboe yo!ym Algua io uosiad Aue of io' aassaq yl!m uo!lep!IOSUOo JO ia6iaw ay; woij
6w1 nsai u01leiOdi0o Aue ol.io'aassaq yl!m loiiuod uowwoo iapun s! io Agpapoiluoo S1'sloiluo0 yO!ym uo!leiodioo Aue ol'luasuoo s,iossaq lnoyl!m
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t I
(d) The failure by Lessee to observe or perform any of the covenants, conditions or provisions of this Lease to be observed or performed by
Lessee other than those referenced in subparagraphs (b) and (c), above, where such failure shall continue for a period of thirty (30) days after written
notice thereof from Lessor to Lessee: provided, however, that if the nature of Lessee's noncompliance is such that more than.thirty (30) days are
reasonably required for its cure, then Lessee shall not be deemed to be in default if Lessee commenced such cure within said thirty (30) day period and
thereafter diligently pursues such cure to completion. To the extent permitted by law, such thirty (30) day notice shall constitute the sole and exclusive
notice required to be given to Lessee under applicable Unlawful Detainer statutes.
(e) (i) The making by Lessee of any general arrangement or general assignment for the benefit of creditors; (ii) Lessee becoming a "debtor" as
defined in I t U.S.C. §101 or any successor statute thereto (unless, in the case of a petition filed against Lessee, the same is dismissed within sixty (60)
days: (iii) the appointment of a trustee or receiver to take possession of substantially all of Lessee's assets located at the Premises or of Lessee's interest
in this Lease, where possession is not restored to Lessee within thirty (30) days: or (iv) the attachment, execution or other judicial seizure of substantially
all of Lessee's assets located at the Premises orof Lessee's interest in this Lease, where such seizure is not discharged within thirty (30) days. In the event
that any provision of this paragraph 13.1(e) is contrary to any applicable law, such provision shall be of no force or effect.
(f) The discovery by Lessor-that any financial statement given to Lessor by Lessee, or its successor in interest or by any guarantor of Lessee's
obligation hereunder, was materially false.
13.2 Remedies. In the event of any material default or breach of this Lease by Lessee. Lessor may at any time thereafter, with or without notice or
demand and without limiting Lessor in the exercise of any right or remedy which Lessor may have by reason of such default:
(a) Terminate Lessee's right to possession of the Premises by any lawful means, in which case this Lease and the term hereof shall terminate
and Lessee shall immediately surrender possession of the Premises to Lessor. In such event Lessor shall be entitled to recover from Lessee all damages
incurred by Lessor by reason of Lessee's default including, but not limited to, the cost of recovering possession of the Premises; expenses of reletting,
including necessary renovation and alteration of the Premises, reasonable attorneys' fees, and any real estate commission actually paid; the worth at
the time of award by the court having jurisdiction thereof of the amount by which the unpaid rent for the balance of the term after the time of such
award exceeds the amount of such rental toss for the same period that Lessee proves could be reasonably avoided; that portion of the leasing
commission paid by Lessor pursuant to paragraph 15 applicable to the unexpired term of this Lease.
(b) Maintain Lessee's right to possession in which case this Lease shall continue in effect whether or riot Lessee shall have vacated or aban-
doned the Premises. In such event Lessor shall be entitled to enforce all of Lessor's rights and remedies under this Lease, including the right to recover
the rent as it becomes due hereunder.
(c) Pursue are located. Unpaid anstallment of rent and other hereafter
npaid monetary obligations of Lessee under dthe terlmsrolfrthis Lease sshall bear ente rest from the
date due at the maximum rate then allowable by law.
13.3 Default by Lessor. Lessor shall not be in default unless Lessor fails to perform obligations required of Lessor within a reasonable time, but in
no event later.than thirty (30) days after written notice by Lessee to Lessor and to the holder of any first mortgage or deed of trust covering the Premises
whose name and address shall have theretofore been furnished to Lessee in writing, specifying wherein Lessor has failed to perform such obligation;
provided, however, that if the nature of Lessor's obligation is such that more than thirty (30) days are required for performance then Lessor shall not
be in default if Lessor commences performance within such 30 -day period and thereafter diligently pursues the same to completion.
13.4 Late
Increase or other sums due hereunder will cause Lessor to incur costs not contemplated by this Lease, the exact amount of w_ hich
difficult to ascertain. Such costs include, but are not limited to, processing and accounting char es, and late char e
9 9 e Imposed on Lessor
by the terms of any mortgage or trust deed covering the Office Building Project. Accordi ment of Base Rent, Operating Expense
Increase, or any other sum due from Lessee shall not be received by Les slgnee within ten (10) days after such amount shall be due,
then, without any requirement for notice to Lessee, Les essor a late charge equal to 6% of such overdue amount. The parties hereby
agree that such late charge represe so bile estimate of the costs Lessor will incur by reason of late payment by Lessee. Acceptance
of such late char a in no event constitute a waiver of Lessee's default with respect to such overdue amount, nor prevent Lessor from
14. Condemnation. If the Premises or any portion thereof or the Office Building Project are taken under the power of eminent domain, or sold under
the threat of the exercise of said power (all of which are herein called "condemnation "), this Lease shall terminate as to the part so taken as of the
date the condemning authority takes title or possession, whichever first occurs; provided that if so much of the Premises or the Office Building Project
are taken by such condemnation as would substantially and adversely affect the operation and profitability of Lessee's business conducted from the
Premises, Lessee shall have the option, to be exercised only in writing within thirty (30) days after Lessor shall have given Lessee written notice of
such taking (or in the absence of such notice, within thirty (30) days after the condemning authority shall have taken possession), to terminate this
Lease as of the date the Condemning authority takes such possession. If Lessee does not terminate this Lease in accordance with the foregoing, this
Lease shall remain in full force and effect as to the portion of the Premises remaining, except that the rent and Lessee's Share of Operating Expense
Increase shall be reduced in the proportion that the floor area of the Premises taken bears to the total floor area of the Premises. Common Areas
taken shall be excluded from the Common Areas usable by Lessee and no reduction of rent shall occur with respect thereto or by reason thereof.
Lessor shall have the option in its sole discretion to terminate this Lease as of the taking of possession by the condemning authority, by giving written
notice to Lessee of such election within thirty (30) days after receipt of notice of a taking by condemnation of any part of the Premises or the Office
Building Project. Any award for the taking of all or any part of the Premises or the Office Building Project under the power of eminent domain or any
payment made under threat of the exercise of such power shall be the property of Lessor, whether such award shall be made as compensation for
diminution in value of the leasehold or for the taking of the fee, or as severance damages; provided, however, that Lessee shall be entitled to any separate
award for loss of or damage to Lessee's trade fixtures. removable personal property and unamortized tenant improvements that have been paid for
by Lessee. For that purpose the cost of such improvements shall be amortized over the original term of this Lease excluding any options. In the event
that this Lease is not terminated by reason of such condemnation, Lessor shall to the extent of severance damages received by Lessor in connection
.with such condemnation, repair any damage to the Premises caused by such condemnation except to the extent that Lessee has been reimbursed
therefor by the condemning authority. Lessee shall pay any amount in excess of such severance damages required to complete such repair.
15. Broker's Fee.
(a) The brokers involved in this transaction are DILL Commerc i a 1'- Prop-erti_es.,_SLO..C___
as "listing broker" and —
as licensed real estate broker(s). A cooperating broker" Is defined as any broker other than the listing broker entitled to a hare of any commiss on
arising under this Lease. Upon execution of this Lease by both parties, Lessor shall pay to said brokers jointly, or in such separate shares as they
may mutually designate in writing, a fee asset forth in a separate agreement between Lessor and said broker(s), or in the event there is no separate
agreement between Lessor and said broker(s), the sum
broker(s) to Lessor in this transaction. of $_ _, for brokerage services rendered by said
(b) Lessor further agrees that (i) if Lessee exercises any Option, as defined in paragraph 39.1 of this Lease, which is granted to Lessee under
this Lease, or any subsequently granted option which is substantially similar to an Option granted to Lessee under this Lease, or (ii) if Lessee acquires
any rights to the Premises or other premises described in this Lease which are substantially similar to what Lessee would have acquired had an Option
herein granted to Lessee been exercised, or (iii) if Lesser; romninn in POnsossion of the Pmmisr, r. rdbs Ihr: r:x.Piraiion of Iho form of Ihi:: Lga ;:a ;�flr ;,
hnvirl {i I:rilod lu exur Oise nn OPliun, ui (iv) it ;:aid brriker(:r) ❑nr the Iltur_unnll c.::ru::u ul nny ulhr:r d:a::u ur i::dr: enlul'!d hdo betw(!un Ihr: Irnrin••..
Pertaining to the P'rur wws and /ul ally odineenl property in which Lonsur ha:: on ii11crusl, or (v) it the 1$1!;u Runt is incrvasu(1, whether by:ryrr ww'-nt
or operator of un esealatien clause cunlained herein, then as to any of said transactions or rent increases, Lessor shall Pay said brokers) a lee in
accordance with the schedule of said broker(s) in effect.at the time of execution of this Lease. Said fee shall be paid at the time such increased rental
is determined.
(c) Lessor agrees to pay said fee not only on behalf of Lessor but also on behalf of any person, corporation, association, or other entity having
an ownership interest in said real property or any part thereof, when such fee is due hereunder. Anv transferee of Lessor's interest in this Lease-
whether such transfer is by agreement or by operation of law, shall be deemed to have assumed Lessor's obligation under this paragraph 15. Each
listing and cooperating broker shall be a third party beneficiary of the provisions of this paragraph 15 to the eident of their interest in any commission
arising under this Lease and may enforce that right directly against Lessor; provided, however, that all brokers having a right to any part of such total
commission shall be a necessary party to any suit with respect thereto.
(d) Lessee and Lessor each represent and warrant to the other that neither has had.any dealings with any person, firm, broker or finder (other
than the person(s), if any, whose names are set forth in paragraph 15(a), above) in connection with the negotiation of this Lease and /or the consum-
mation of the transaction contemplated hereby, and no other broker or other person, firm or entity is entitled to any commission or finder's fee in
connection with said transaction and Lessee and Lessor do each here! y indemnity and hold the other harmless from and against any costs, expenses,
attorneys' fees or liability for compensation or charges which may be claimed by any such unnamed broker, finder or.other similar party by reason
of any dealings or actions of the indemnifying party
16. Estoppel Certificate.
a) Each party (as "responding party ") shall at any time upon not less than ten (10) days' prior written notice from the other party ( "requesting
party") execute, acknowledge and deliver to the requesting party a statement in writing (i) certifying that this Lease is unmodified and in full force'
and effect (or, if modified, stating the nature of such modification and certifying that this Lease, as so modified, is in full force and effect) and the date
Initials: __
,c' 1984 American Industrial Real Estate Association FULL SERVICE —GROSS
PAGE 7 OF 10 PAGES
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6u4!lm ui pa!l!pow aq Aew aseal s!yl eAll0aga aq pe4s ia;;ew Lions Aue o; 6wuiLlied 6u!puelsiapun io ;uawaaj6e snoeueiodwa;uoo io loud ON
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'luaj aq of pawaap aq IIe4s iapunajaq eassal Aq ajgeAed sasuadxa ia47o Aue pue asea,oul asuadx3
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asea-1 s!41 iapun pawopad aq of suo!le6!Igo aqj of joadsai Lipm aouasse a'41 jo si aw!1-aouass3 ;o aw!1'OZ
alel yo!4m uodn s ;unowe'Aue uo iou aassan Aq pajinoui sa6jego ale{ uo a eA y pap!nad 'asea-1 s!qj iapun
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I'6t
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a0uenpe
it pled uaaq se4 juai s,4luow auo uetjl aiow lou'Alied 6u!lsanbai aqj si Joss3*1 j! (m) pue
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aassal jo ssalusnq 011.1110 io loafed 6u!ppne ao!pp ayi to iaouejgwnoua io jase4o,nd an!joadsad Aue Aq uodn
pa!la: Alanlsnlouoo aq Aew luawalels 4ons Auy pow!ejo aae Aue 1! sllnelap 4ons 6u!Apoads io'AUed 6uilsanbei a4l ;o lied aqj uo sllne ;ap painoun
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,i ,
fit .
32.3 Lessor shall have the right to retain keys to the Premises and to"unlock all doors in or upon the Premises other than to files, vaults and safes,
and in the case of emergency to enter the Premises by any reasonably appropriate means, and any such entry shall not be deemed a forceable or
unlawful entry or detainer of the Premises or an eviction. Lessee waives any charges for damages or injuries or interference with Lessee's properly
or business in connection therewith. -
33.Auctions. Lessee shall not conduct, nor permit to be conducted, either voluntarily or involuntarily, any auction upon the Premises or the Common
Areas without first having obtained Lessor's prior written consent. Notwithstanding anything to the contrary in this Lease, Lessor shall not be obligated
to exercise any standard of reasonableness in determining whether to grant such consent. The holding of any auction on the Premises or Common
Areas in violation of this paragraph shall constitute a material default of this Lease
34.Signs. Lessee shall not place any sign upon the Premises or the Office Building Project without Lessor's prior written consent. Under no Circum-
stances shall Lessee place a sign on any roof of the Office Building Project.
35.Merger. The voluntary or other surrender of this Lease by Lessee, or a mutual cancellation thereof, or a termination by Lessor, shall not work a
merger, and shall, at the option of Lessor, terminate. all or any existing subtenancies or may, at the option of Lessor, operate as an assignment to Lessor
of any or all of such subtenancies.
36.Consents. Except for paragraphs 33 (auctions) and 34 (signs) hereof, wherever in this Lease the consent of one party is required to an act of the
other party such consent shall not be unreasonably withheld or delayed.
37. Guarantor. In the event that there is-a guarantor of this Lease, said guarantor shall have the same obligations as Lessee under this Lease.
38.Ouiet Possession. Upon Lessee paying the rent for the Premises and observing and performing all. of the covenants, conditions and provisions on
Lessee's part to be observed and performed hereunder, Lessee shall have quiet possession of the Premises for the entire term hereof subject.to all
of the provisions of this Lease. The individuals executing this Lease on behalf of Lessor represent and warrant to Lessee that they are fully authorized
and legally capable of executing this Lease on.behalf of Lessor and that such execution is binding upon all parties holding an ownership interest
in the Office Building Project.
39.Options.
39.1 Definition. As used in this paragraph the word "Option" has the following meaning: (1) the right or option to extend the term of this Lease or
to renew this Lease or to extend or renew any lease that Lessee has on other property of Lessor; (2) the option of right of first refusal to lease the
Premises or the right of first offer to lease the Premises or the right of first refusal to lease other space within the Office Building Project or other
property of Lessor or the right of first offer.to lease other space within the Office Building Project or other property of Lessor; (3) the right or option to
purchase the Premises or the Office Building Project, or the right of first refusal to purchase the Premises or the Office Building Project or the right
of first offer to purchase the Premises or the Office Building Project, or the right or option to purchase other property of Lessor, or the right of first
refusal to purchase other property of Lessor or the, right of first offer to purchase other property of Lessor.
39.7 Options Personal. farh Oplion warfled to Lc: ;sou in Ihis Lqa su is personal lu Ihu onginall_usuc ;urd miry be r,xeroised only by Ill(,. or,g,n:d
Lessee whip• occul..vihg the I'rumisas who does so without the intent of dhorealler assigning this Least, or subletting the Premises or any portion
thereof, and may not be exercised or be assigned, voluntarily or involuntarily, by or to any person or entity other than Lessee: provided_howevr! , that
an Option may be exerciser) by (it n :;signed to :nlv Lessue Allilialg :rs defined in p:uayratih Ill of lliis Lease. The Options, if any, herein granis:d to
Lessee are riot assignable sop ;n;rtu and apart Irom this Leasu, nor may any Option be separ ated front ihis Lease in any manner, either by resurvalion
or otherwise.
39.3 Multiple Options. In the event that Lessee has any multiple options to extend or renew this Lease a later option cannot be exercised unless
the prior option to extend or renew this Lease has been so exercised.
39.4 Effect of Default on Options.
(a) Lessee shall have no right to exercise an Option, notwithstanding any provision in the grant of Option to the contrary, (i) during the time
commencing from the date Lessor gives to Lessee a notice of default pursuant to paragraph 13.1(c) or 13.1(d) and continuing until the noncompliance
alleged in said notice of default is cured, or (ii) during the period of time commencing on the day after a monetary obligation to Lessor is due from
Lessee and unpaid (without any necessity for notice thereof to Lessee) and continuing until the obligation is paid, or (iii) in the event that Lessor has
given to Lessee three or more notices of default under paragraph 13.1(c), or paragraph 13.1(d), whether or not the defaults are cured, during the 12
month period of time immediately prior to the time that Lessee attempts to exercise the subject Option, (iv) if Lessee has committed any non - curable
breach, including without limitation those described in paragraph 13.1(b), or is otherwise in default of any of the terms, covenants or conditions of
this Lease.
(b) The period of time within which an Option may be exercised shall not be extended or enlarged by reason of Lessee's inability to exercise
an Option because of the provisions of paragraph 39.4(a).
(c) All rights of Lessee under the provisions of an Option shall terminate and be of no further force or effect, notwithstanding :- essee's due
and timely exercise of the Option, if, after such exercise and during the term of this Lease, (i) Lessee fails to pay to Lessor a monetary obligation of
Lessee for a period of thirty (30) days after such obligation becomes due (without any necessity of Lessor to give notice thereof to Lessee), or
(ii) Lessee fails to commence to cure a default specified in paragraph 13.1(d) within thirty (3C) nays after the date that Lessor gives notice to Lessee
of such default and /or Lessee fails thereat•,er to diligently, prosecute said cure to completion, or iiiL Lessor gives to Lessee three or more notices of
default under paragraph 13.1(c). or paragraph 13.1(d), whether or not the default;, are cured, or (iv) it Lessee has committed any non- cumble breach,
inCluding without limitation thnae described in paragraph 1 :1 I(h), ur r: olherwisr, ❑i '11-1;M 11 Of any r,l the Icnm:, covenants and condition ;; cif Ihi:,
40.Security Measures — Lessor's Reservations.
40.1 Lessee hereby acknowledges that Lessor shall have no obligation whatsoever to provide guard service or other security measures for the
benefit of the Premises or the Office Building Project. Lessee assumes all responsibility for the protection of Lessee, its agents, and invitees and the
property of Lessee and of Lessee's agents and invitees from acts.of third parties. Nothing herein contained shall prevent Lessor, at Lessor's sole
option, from providing security protection for the Office Building Project or any part thereof, in which event the cost.thereof shall be included within
the definition of Operating Expenses, as set forth in paragraph 4.2(b),
40.2 Lessor shall have the following rights:
(a) To change the name, address or title of the Office Building Project or building in which the Premises are located upon not less than 90
days prior written notice:
(b) To, at Lessee's expense. provide and install Building standard graphics on the door of the Premises and such portions of the Common
Areas as Lessor shall reasonably deem appropriate;
(c) To permit any lessee the exclusive right to conduct any business as long as such exclusive does not conflict with any rights expressly
given herein;
(d) To place such signs, notices or displays as Lessor reasonably deems necessary or advisable upon the roof, exterior of the buildings or
the Office Building Project or on pole signs in the Common Areas;
40.3 Lessee shall not:
(a) Usl,, a representation(phatogrnphic or otherwise) of the Building or the Office$uildinq
business: Projr;Ct or their connection me(s) in cCnnCtion with Lr ^ :: :nr.7:
(b) Suffer or permit anyone, except in emergency, to go upon the roof of the Building.
41. Easements:
41.1 Lessor reserves to itself the right, from time to time, to grant such easements, rightsand dedications that Lessor deems necessary or ds;ir..rb!e,
and to cause the recordation of Parcel Maps and restrictions, so 10119 as such easements, rights, 0edications, Maps ar.d rr; ,iriCti,n;; ..10 1,01
unreasonably interfere with the use of the Premises by Lessee. Lessee shall sign any of the aforementioned documents upon request of Lee -scd and
failure to do so shall constitute a material default of this Lease by Lessee without the need for further notice to Lessee.
41.2 The obstructiori of Lessee's view, air. or light by any structure erected in the vicinity of the 8uiiding, whether by Lessor or third aGies. shah
in no way affect this Lease or impose any liability upon Lessor.
42.Performance Under Protest. If at any time a dispute shall arise as to any amount or sum of money to be paid by cne party to the other under the
provisions hereof, the party against whom the obligation to pay the money is asserted shall have the right to make payment "under protest" and such
payment shall not be regarded as a voluntary payment, and there shall survive the right on the part of said party to institute suit for recovery of such
sum. If it shall be adjudged that there was no legal obligation on the part of said party to pay such sum or an part thereof, said party shall be
entitled to recover such sum or so much thereof as it was not legally required to pay under the provisions of this Lease.
C' 1984 American Industrial Real Estate Association FULL SERVICE —GROSS
PAGE 9 OF 10 PAGES
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STANDARD OFFICE LEASE
RIDER # 1
1.The state may terminate this lease by giving notice to the Lessor at least thirty (30) days prior to the date when
such termination shall become effective. At the option of State, this lease shall terminate within thirty (30) days
immediately following the death, resignation or other removal from office of Jack 0' Connel l
as a Member of the Senate.
This lease is subject to the provisions of the California Fair Employment and Housing Act (Section 12900
et seq., Government Code) and in its performance the Lessor will not discriminate against any employee or appli-
cant for employment• because of race, religious creed. color, national origin, ancestry, physical handicap, medical
condition, marital status, sex or age. The Lessor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race, religious creed, color, stational
origin, ancestry, physical handicap, medical condition, marital status, sex or age. This action shall include, but
not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment adver-
tising; layoff or termination: rates of pay or other forms of compensation; and selection of training, including
apprenticeship.
The Lessor will permit access to his or her records of employment, employment advertisements, application
forms, and other pertinent data and records by the Fair Employment and Housing Commission, and any other
agency of the State of California designated by the Joint Rules Committee, for the purposes of investigation to
ascertain compliance with this paragraph.
The State may determine a willful violation of the Fair Employment Practices provisions to have occurred upon
receipt of a final judgement having that effect from a. court in an action to which the Lessor was a party, or upon
receipt of a written notice from the Fair Employment and Housing Commission that it has investigated and deter-
mined that the Lessor has violated the Fair Employment and Housing Act and has issued an order, under Section
12970 of the Government Code which has become final.
In the event of willful violation of the foregoing provision in the performance of this lease, and if the Lessor,
within thirty (30) days after receipt of a written notice thereof from the State, fails to cure the breach, the State
shall have the right immediately to terminate this lease and any necessary additional expense incurred by the
State in securing space equivalent to the leased premises, including the additional rental, if any, shall be borne
by the Lessor.
2, In the event State remains in possession of the leased premises after the expiration date of this lease, the
State's continued possession shall create a tenancy from month to month with rental payable by State in arrears on
the last day of each month in the amount specified in paragraph 26 .The tenancy created herein shall be subject to all
otherterms and conditions of this lease.
3. Lessor warrants that the leased premises to be used by the State in the performance of this lease are readily
accessible to and usable by individuals with disabilities with respect to services, programs, activities conducted by
the State on the leased premises. In the event that Lessor makes alterations to any part of the leased premises used
by the State, the alterations shall comply with the accessibility standards of the Americans with Disabilities Act
(U.S.C.A. Section 12101 and following).
In the event of violation of the foregoing provision in the performance of this lease, and if the Lessor, within
thirty (30) days after receipt of a written notice thereof from the State, fails to cure the breach, the State shall have
the right immediately to terminate this lease and any necessary additional expense incurred by the State in securing
space equivalent to the leased premises, including the additional rental, if any shall be by the Lessor.
4.Stateshall have the right during the term of this Agreement to prepay rent to Lessor in a lump sum
payment for any portion of the lease term. In exchange for this prepayment, Lessor shall discount by five
percent (5 %)'the amount of the rent determined pursuant to Paragraph 2, including any increases in the stated
amount of rent that is authorized therein, for that portion of the lease term and Lessor shall accept this prepaid
discounted rent as State's rent for that portion of the lease term. If this Agreement is terminated for any reason
authorized herein prior to the end of the period for which the State has made a prepayment of rent, the Lessor
shall refund to the State that portion of &.e State's prepaid rent which is attributable to that-period which
commences on the effective date of the earlier termination and ends on the expiration date of the period covered
by the prepaid rent.
RIDER #1
Initials•
C 1984 American Industrial Real Estate Association FULL SERVICE —GROSS
BR
STANDARD OFFICE LEASE
FLOOR PLAN
00
EXHIBIT A
0 1984 American Industrial Real Estate Association FULL SERVICE —GROSS
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Initials-
RULES AND REGULATIONS FOR
STANDARD OFFICE LEASE
Dated: 1G-
ByandBetween the City of San Luis Obispo and the Senate Rules Committe, The State.
GENERAL RULES
1. Lessee shall not suffer or permit the obstruction of any Common Areas, including driveways, walkways and stairways.
2. Lessor reserves the right to refuse access to any persons Lessor in good faith judges to be a threat to the safety, reputation, or property of
the Office Building Project and its occupants.
3. Lessee shall not make or permit any noise or odors that annoy or interfere with other lessees or persons having business within the Office
Building Project.
4. Lessee shall not keep animals or birds within the Office Building Project, and shall not bring bicycles, motorcycles or other vehicles into areas
not designated as authorized for same.
5. Lessee shall not make, suffer or permit litter except in appropriate receptacles for that purpose.
6. Lessee shall not alter any lock or install new or additional locks or bolts.
7. Lessee shall be responsible for the inappropriate use of any toilet rooms, plumbing or other utilities. No foreign substances of any kind are
to be inserted therein.
8. Lessee shall not deface the walls, partitions or other surfaces of the premises or Office Building Project.
9. Lessee shall not suffer or permit any thing in or around the Premises or Building that causes excessive vibration or floor loading in any part
of the Office Building Project.
10. Furniture, significant freight and equipment shall be moved into or out of the building only with the Lessor's knowledge and consent, and subject
to such reasonable limitations, techniques and liming, as may be designated by Lessor. Lessee shall be responsible for any damage to the Office
Building Project arising from any such activity.
11. Lessee shall not employ any service or contractor for services or work to be performed in the Building, except as approved by Lessor.
12. Lessor reserves the right to close and lock the Building on Saturdays. Sundays and legal holidays, and on other days between the hours of
P.M. and A.M. of the following day. If Lessee uses the Premises during such periods, Lessee shall be responsible for securely locking
any doors it may have opened for entry.
13. Lessee shall return all keys at the termination of its tenancy and shall be responsible for the cost of replacing any keys that are lost.
14. No window coverings, shades or awnings shall be installed or used by Lessee.
15. No Lessee, emloyee or invitee shall go upon the roof of the Building.
16. Lessee shall not suffer or permit smoking or carrying of lighted cigars or cigarettes in areas reasonably designated by Lessor or by applicable
governmental agencies as non - smoking areas.
17. Lessee shall not use any method of heating or air conditioning other than as provided by Lessor.
18. Lessee shall not install, maintain or operate any vending machines upon the Premises without Lessor's written consent.
19. The Premises shall not be used for lodging or manufacturing, cooking or food preparation.
20. Lessee shall comply with all safety, fire protection and evacuation regulations established by Lessor or any applicable governmental agency.
21. Lessor reserves the right to waive any one of these rules or regulations, and /or as to any particular Lessee, and any such waiver shall not
constitute a waiver of any other rule or regulation or any subsequent application thereof to such Lessee.
22. Lessee assumes all risks from theft or vandalism and agrees to keep its Premises locked as may be required.
23. Lessor reserves the right to make such other reasonable rules and regulations as it may from time to time deem necessary for the appropriate
operation and safety of the Office Building Project and its occupants. Lessee agrees to abide by these and such rules and regulations.
PARKING RULES
1. Parking areas shall be used only for parking by vehicles no longer than full size, passenger automobiles herein called "Permitted Size Vehicles:'
Vehicles other than Permitted Size Vehicles are herein referred to as "Oversized Vehicles:'
2. Lessee shall not permit or allow any vehicles that belong to or are controlled by Lessee or Lessee's employees, suppliers, shippers, customers,
or invitees to be loaded, unloaded, or parked in areas other than those designated by Lessor for such activities.
3. Parking stickers or identification devices shall be the property of Lessor and be returned to Lessor by the holder thereof upon termination of
the holder's parking privileges. Lessee will pay such replacement charge as is reasonably established by Lessor for the loss of such devices.
4. Lessor reserves the right to refuse the sale of monthly identification devices to any person or entity that willfully refuses to comply with the
applicable rules, regulations, laws and /or agreements.
5. Lessor reserves the right to relocate all or a part of parking spaces from floor to floor, within one floor, and /or to reasonably adjacent offsite
location(s), and to reasonably allocate them between compact and standard size spaces, as long as the same complies with applicable laws, ordi-
nances and regulations.
6. Users of the parking area will obey all posted signs and park only in the areas designated for vehicle parking.
7. Unless otherwise instructed, every person using the parking area is required to park and lock his own vehicle. Lessor will not be responsible
for any damage to vehicles, injury to persons or loss of property, all of which risks are assumed by the party using the parking area.
8. Validation, if established, will be permissible only by such method or methods as Lessor and /or its licensee may establish at rates generally
applicable to visitor parking.
9. The maintenance, washing, waxing or cleaning of vehicles in the parking structure or Common Areas is prohibited.
10. Lessee shall be responsible for seeing that all of its employees, agents and invitees comply with the applicable parking rules, regulations, laws
and agreements.
11. Lessor reserves the right to modify these rules and /or adopt such other reasonable and non - discriminatory rules and regulations as it may
deem necessary for the proper operation of the parking area.
12. Such parking use as is herein provided is intended merely as a license only and no bailment is intended or shall be created hereby.
Initials-
C. 1984 American Industrial Real Estate Association FULL SERVICE -GROSS
EXHIBIT B
PAGE 1 OF 1 PAGES
12. Entrance Doors — Existing
13. Completion of Improvements
Lessor shall construct and complete improvements to the Premises in accordance with the plans and specifications prepared by _ LeSsor. _
dated
consisting of.sheets (the "Improvements ")
14. Preparation of Plans and Specifications
Within 30 days after the date of this Lease Lessor shall prepare at its cost and deliver to Lessee for its approval _ 3 copies of
preliminary plans and specifications for the completion of the Improvements; which plans and specifications shall itemize the work to be done by each
party. including a cost estimate of any work required of Lessor in excess of Lessor's Standard Improvements. �I�isee shall approve said preliminary plans
and specifications and preliminary cost estimate or specify with particularity its objection thereto within ___.!.v_..__.__ —.. days lollowing receipt thereof.
Failure to so approve or disapprove within said period of time shall constitute approval thereof. If Lessee shall reject said preliminary plans and speci-
fications either partially or totally, and they cannot in good faith be modified within ten (10) days after such rejection to be acceptable to Lessor and
Lessee, this Lease shall terminate and neither party shall thereafter be obligated to the other party for any reason whatsoever having to do with this
Lease, except that Lessee shall be refunded any security deposit or prepaid rent. The plans and specifications, when approved by Lessee, shall supersede
any prior agreement concerning the Improvements.
15. Construction
If Lessor's cost of constructing the Improvements to the - Premises exceeds the cost of Lessor's Standard Improvements; Lessee shall pay to Lessor
in cash before the commencement of such construction a sum equal to such excess.
If the final, plans and specifications are approved by Lessor and Lessee, and Lessee pays Lessor for such excess, then Lessor shall, at its sole cost
and expense, construct the Improvements in ac_ cordance with said approved final plans and specifications and all applicable rules, regulations, laws or
ordinances.
16. Completion.
16.1 Lessor shall obtain a building permit to construct the Improvements as soon as possible.
16.2 Lessor shall complete the construction of the Improvements as soon as reasonably possible after the obtaining of necessary building permits.
1.6.3 The tens "Completion;' as used in this Work letter, is hereby defined to mean the date the building department of the municipality having juris-
diction of the Premises shall have made a final inspection of the Improvements and authorized a final release of restrictions on the use of public utilities
in connection therewith and the -same are.in a broom -clean condition.
16.4 Lessor shall use its best efforts to achieve Completion of the Improvements on or before the Commencement Date set forth in paragraph 1.5
of the Basic Lease Provisions or within one hundred eighty (180) days after Lessor obtains the building permit from. the applicable building department.
whichever is later.
16.5 In the event, that the Improvements or any portion thereof have not reached Completion by the Commencement Date, this Lease shall not be
invalid, but rather Lessor shall complete the:same as soon thereafter as is possible.and Lessor shall not be liable to Lessee for damages in any respect
whatsoever.
16.6 If Lessor shall be delayed at any time in the progress of the construction of the Improvoments or any portion thereof by.extra work, changes in
construction ordered by Lessee, or by strikes, lockouts, lire. -delay in Transportation, unavoidable casualties, rain or weather conditions, governmental
procedures or delay, or by any other cause beyond Lessor's control,.then the Commencement Date established in paragraph 1.5 of the Lease shall be
extended by the period of such delay.
17. Term
Upon Completion of the Improvements as defined in paragraph 16_,3, above, Lessor and Lessee shall execute an amendment to the Lease setting
forth the date of Tender of Possession as defined in paragraph 3.2.1 of the Lease or of actual taking of possession, whichever first occurs, as the
Commencement Date of this Lease.
18. Work Done by Lessee
Any work done by Lessee shall be done only with Lessor's prior written consent and in conformity with a valid building permit and all applicable
rules, regulations, laws and ordinances, and be done in a good and workmanlike manner with good and sufficient materials. All work shall be done only
with union tabor and only by contractors approved by Lessor. it tieing understood That all plumbing, mechanical, electrical wiring and ceiling work
are to be done only by contractors designated by Lessor.
19. Taking of Possession of Premises
Lessor shall notify Lessee of the Estimated Completion Date at least ten (10) days before:said date. Lessee 'shall thereafter have the right to enter
the Premises to commence construction of any Improvements Lessee is to constrict and to equip and fixlurize the Premises, as long ns such entry
does not interfere with Lessor's work. Lessee shall take possession of the Premises upon the lender thereof as provided in paragraph 3:2.1 of the
Lease to which this Work Letter is attached. Any entry by Lessee of the Premises under this paragraph shall be under all of the terms and provisions
of the Lease to which this Work Letter is attached. w .
20. Acceptance of Premises
Lunnuu :011111 nullly Lubnot in w10111l of any -dams Ihul'Lur,sw: ilncnin nu:umt,101u of nicool!cl in uiil,:i for 11u Ihcniiscs to be acceptable to Lr:rsc.:
within ten (10) days lollowing lender of Possession asset lorlh. in par g6ph 3.2.1 ul the Le:rse to Much this Work Letter is attached. Lessee shall
Lie deemed to have accepted the Premises'and approved construction it Le:a:ec does riot deliver auc:h a 6s1 to I.essor within said number of drys.
Initials:
c 1984 American Industrial Real Estate Association FULL SERVICE —GROSS
EXHIBIT C
PAGE 2 of 2 PAGES
WORK LETTER TO STANDARD OFFICE LEASE
12 -15 -94
By andhe!we0 ;) the City of San Lui.s._Ob.i.spo__ and_ the_.. Senate_. Rules_
The Premises shall De constructed in accordance with Lessor's standard Improvemants, as follows: See Exhibit "A".
1. Partitions - Floor to ceiling walls frmed with wood or metal studs with insultion
between to conform to city code requirements.
2. wallsurtaces— All surfaces '':o be painted to match existing office paint as to color
and quality of finish.
3. Draperies - None
4. Carpeting -Existing
s. Doors - One (1) 3.0 Building Standard with hardware to private office.
6. Electrical and Telephone Outlets -Existing and per city code in private office.
7. Ceiling— Existing
8. Lighting — Existing
9. Heating and Air Conditioning Ducts — Modified and supplied to private office per code.
10. Sound Proofing - Between studs in private office
11.. Plumbing —Existing
Initials:.. _...__
C' 1984 American Industrial Real Estate Association FULL SERVICE —GROSS
EXHIBIT C
PAGE 1 OF 2. ?AGES
STANDARD OFFICE LEASE
STATE OF CALIFORNIA —STATE AND CONSUMER SERWCES AGENCY GEORGE DEUKA IAN• Come2w
DEPARTMENT OF GENERAL SERVICES
OFFICE OF INSURANCE AND RISK MANAGEMENT
926 J Street, Suite 615
Sacramento, CA 95814
November 14, 1988
STATE OF CALIFORNIA
PUBLIC LIABILITY AND WORKERS' COMPENSATION INSURANCE
CALIFORNIA STATE SENATE
SENATE RULES COMMITTEE
To Whom It May Concern:
The State of. California has elected to be insured fur. its motor vehicle and general
liability exposures through a self insurance program. The State Attorney General
administers the general liability program through an..gtnnual appropriation from the
General Fund. The Office of. Insurance and Risk Management administers the motor
vehicle liability program.
Under this form of insurance, the State and its employees (as defined in Section 810.2
Government Code) are insured for any tort liability that may develop through carrying
out official activities, including state official operations on non -state owned property.
Should any claims arise by reason of such operations or under an official contract or
license agreement, they should be referred to the Attorney General, State of California,
Tort Liability Section, 1515 K Street, 'Suite 511, Sacramento, California 95814. Claims
arising from operations of a State owned vehicle should be forwarded to the Office of
Insurance and Risk Management, Auto Self- Insurance, 926 J Street, Suite 615,
Sacramento, CA 95814.
The State of California has entered into a Master Agreement with the State
Compensation Insurance Fund to administer workers' compensation benefits for all state
employees, as required by the Labor Code.
Sincerely,
/z. 4122'.
CHARLES W. ARCLIFF
Staff Risk Manager-
(916) 322 -8970
CWS:ajs
EXHIBIT 1111
Initials,
C 1984 American Industrial Real Estate Association FULL SERVICE —GROSS
RESOLUTION NO. 8381 (1995 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
CORRECTING THE 1994 UNIFORM BUILDING CODE FEE SCHEDULE
WHEREAS, in accordance with City policy, the Council adopted the 1994 Uniform Building
Code fee schedule as prepared by the International Conference of Building Officials (ICBO) on
September 20, 1994 pursuant to Resolution No. 8353; and
WHEREAS, the ICBO subsequently identified minor internal consistency errors in this fee
schedule and issued an 'Errata to the 1994 Uniform Codes" in September of 1994 to correct these
errors; and
WHEREAS, the Director of Community Development has determined that the adoption
of these corrected fees is exempt from the provisions of the California Environmental Quality Act
(CEQA) under Section 15273 of the State CEQA Guidelines as the purpose of these charges is to
meet operating expenses.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
that:
SECTION 1. Effective March 6, 1995, Section A of Exhibit A of Resolution No. 8353
('Building Permit Fees ") is hereby amended as set forth in Exhibit 1 attached hereto.
SECTION 2. If any charge set forth in this resolution or the application thereof to any
person or circumstance is held to be invalid, such invalidity shall not affect any other charge or
application thereof, and to this end the charges established in this Resolution are declared to be
severable.
Upon motion of Vice Mayor Romero ,seconded by Council Member Smittand on
the following roll call vote:
AYES: Vice Mayor Romero, Council Members Smith, Roalman, Williams and Mayor
NOES: None Settle
ABSENT: None
the foregoing resolution was adopted this 3rd day of January
Mayor, Allen Settle
ATTEST:
ne Glad ell, Ci Clerk
R -8381
EXHIBIT 1
Page 1
Corrected 1994 Building Permit Fee Schedule
A. BUILDING PERMIT FEES
Total Valuation
Fee
1. $1 to $500.00
2. $501.00 to $2,000.00
$22-.W2 - ao for the first $500.00 plus $2.75
for each additional $100.00 or fraction
thereof, to and including $2,000.00
3. $2,001.00 to $25,000.00
..............
$6-3:00622.5 for the first $2000.00 plus
$12.50 for each additional $1,000.00 or
fraction thereof, to and including
$25,000.00
4. $25,001.00 to $50,000.00
$352-.W54.9 - *. 7 for the first $25,000.00 plus
$9.00 for each additional $1,000.00 or
fraction thereof, to and including
$50,000.00
5. $50,001.00 to $100,000.00
for the first $50
7.'.. '000.00 plus
$6.25 for each additional $1,000.00 or
fraction thereof, to and including
$100,000.00
6. $100,001.00 to $500,900.00
$��..............
.,...for the first $100,000.00 plus
$5.00 for each additional $1,000.00 or
fraction thereof, to and including
$500,000.00
7. $500,001.00 to $1,000,000.00 $2,855.0 2:8 25 for the first $500,000.00
plus $4.25 for each additional $1,000.00 or
fraction thereof, to and including
$1,000,000.00
8. $1,000,001.00 and Up
4,955.0
for the first
$1,000,000.00 plus $2.75 for each
additional $1,000.00 or fraction thereof
EXHIBIT 1
Page 2
10. Accessibility Compliance Surcharge:
A surcharge of 6.5% shall be added to the permit fees for projects required
to comply with State of California Accessibility Standards.
11. Fire Safety Surcharge:
A surcharge of 12.5% shall be added to the permit fees for projects that
require review by the Fire Department.
12. Other Inspections and Fees:
a. Inspections outside of normal business hours $55.00 per hour
(minimum charge - two hours)
b. Reinspection fees assessed under provision of UAC Section 305
(Minimum charge - one hour) $55.00 per hour
C. Inspections for which no fee is specifically indicated
(minimum charge - one -half hour) $55.00 per hour
d. Additional plan review required by changes, additions or revisions to
approved plans (minimum charge - $35.00)
$55.00 per hour
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