HomeMy WebLinkAbout8975-9003RESOLUTION NO. 9003 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF
SAN LUIS OBISPO AMENDING THE WATER MANAGEMENT
ELEMENT OF THE GENERAL PLAN
WHEREAS, the Planning Commission conducted a public hearing on November 3, 1999
and recommended approval of amendments to the City's Water Management Element of the
General Plan; and
WHEREAS, the City Council conducted a public hearing on December 13, 1999 and has
considered testimony of other interested parties, the recommendation of the Planning
Commission, and the evaluation and recommendation of staff; and
WHEREAS, staff has determined that the recommended amendments are not a project
for purposes of environmental review, because they only clarify the intent of current policies or
apply current policies to present conditions; they will have no effect on the environment (water
resources, public service levels, or the type, location, or rate of development); and
WHEREAS, the City Council, after considering the draft documents and staff's analysis,
Planning Commission's recommendations, and the public testimony, finds that the amended
sections are consistent with the General Plan.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo hereby approves:
SECTION 1. Policy 8.1.2.A. (section numbers refer to General Plan Digest) of the
Water Management Element is hereby amended to clarify that water availability is based on the
adopted per capita use rate times the current population which is then subtracted from the
adopted safe annual yield (specific changes shown in Exhibit A to this resolution).
SECTION 2. Policy 8.1.2.B. of the Water Management Element is hereby amended to
clarify that additional water "from new water supply projects" will be allocated (1) one -half to
the reliability reserve and siltation and (2) one -half to new development (Exhibit A).
SECTION 3. Policy 8.1.2.C. of the Water Management Element is hereby amended to
continue to require retrofit of existing facilities served by the City as a condition of new
development until the City Council has determined that essentially all toilets and showerhead
fixtures within the City have been replaced (Exhibit A).
SECTION 4. Policy 8.1.3 of the Water Management Element is hereby amended to
require annual update of the water available for allocation based on the adopted safe annual yield
and present water demand, using updated population estimates (Exhibit A).
SECTION 5. The "Background" portion of Section 8 of the Water Management
Element is hereby amended to be consistent with the revisions to the policies in 8.1.2 and 8.1.3
(Exhibit A).
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Resolution No. 9003 (1999 Series)
Page 2
SECTION 6. Policy 9.1.1.A. of the Water Management Element is hereby deleted in its
entirety (Exhibit A).
SECTION 7. Policy 9.1.1.B.1 of the Water Management Element is hereby amended to
clarify specific types of developments which will be allowed to use a well to serve the irrigation
needs of multiple properties (Exhibit A).
SECTION 8. Policy 11.1.1 of the Water Management Element is hereby amended to add
section B relative to the use of private wells (Exhibit A).
Upon motion of Vice Mayor Schwartz, seconded by Council Member Romero,
and on the following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 13a' day of December 1999.
Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
,0
Attomey
8.0 ALLOCATION OF NEW WATER SUPPLIES
8.1 POLICIES
WW 8.1.1: Balancing Safe Yield and Overall Demand
0 Exhibit A
When new water sources are obtained, the additional safe yield shall be allocated first to
eliminate any deficit between the adopted safe annual yield (Section 1.0) and the present demand
as defined in WW Policy 3.1.4 at the time the new source is obtained. (p16, 8.1)
WW 8.1.2: Supplying New Development
A) The Citywill make to now development only that amount
The City will determine the water available for allocation based
solely on the adopted per capita water use rate (policy 3.1.2) times
the current city population. This value is then subtracted from the
adopted safe annual yield value to determine the amount of
allocation available each year. Available allocations will be
assigned to development in a way that supports balanced growth,
consistent with the General Plan. Allocations from a new water
supply project shall be considered available at the time project
construction is initiated.
B) Any additional safe annual yield from new water supply projects
beyond that needed to balance safe annual yield and present demand
will be allocated (A) one -half to the reliability reserve and
compensating for reduced yields due to siltation and (B) one -half to
development, subject to the requirements in WW Policy 8.1.3,
"Reserve for Intensification and Infill ".
C) Until a determination is made by the City Council that essentially all
toilet and showerhead fixtures in the City are replaced with low flow
toilet and showerhead fixtures, the amount by whirls safe annual
&SSUMPtiGH that 100% Of the- RAF9fit ig GOMPIM (3A'W Migy 3. 14),
shall not be ni-ade available to development. (l6 4 2-) projects may
be built if the developer makes changes, in facilities served by the
City, which will reduce long -term water usage equal to twice the
water allocation required for the project.
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WW 8.1.3: Reserve for Intensification and Intill Development
Ong half A thn ;w1wr AnAded to ;AR,a intensiflantieA and infill (as identified iR Table 3) with+41
existing Gity limits as of july 1994, inGluding tho potential watoi: savings fFem replaring fixtum
. The City will
annually update the water available for allocation based on the difference between the adopted
safe annual yield (policy 1. 1.2) and the present water demand (policy 3.1.4) as part of the annual
Water Resources Status Report. One -half of the water available for allocation (not to exceed the
total required for infill and intensification), as identified annually in the Water Resources Status
Report, will be reserved to serve intensification and infill development within existing City
limits as of July 1994.
WW 8.1.4: Accounting for Reclaimed Water
Reclaimed water will be added to the City's sage annual yield consistent with the policies
contained within this document for other water supply projects.
WW 8.1.5: Private Water Supplies
When developments are supplied by private groundwater wells, the yield of those wells will not
be counted toward the City's safe annual yield. Such yield, however, will result in the demand
for City water supplies being lower than it otherwise would be, which may necessitate
adjustments of the per capita water usage figure used to estimate overall demand. (p17, 8.5)
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9.0 WATER ALLOCATION AND OFFSETS
9.1 POLICIES
WW 9.1.1: Exemptions for Offsets
A) VAeR ther-e is Re safe
to allocate to a
that
yield prp-Ject,
p;qjact-�
ho built if tho d@velepor
makes
Pities sen,ed by t
City, ...high will redo,.°
long t°'.., .. aw usage
equal to t.,.:,.° tt °
Section 9
A) The City will not allow a project to reduce or eliminate the amount
of the required allocation or offset, to the extent that the project is
supplied by a private well, with the following exceptions:
1) The City may reduce the amount of the required water allocation OF
ef€set, to the extent that the project is supplied by a private well serving non -
potable water needs (such as irrigation) which will not significantly affect the
yield of City wells. Such a well may be operated by the owner of the property
containing the well only for the owner's use. T' ° «^ - ° ^•°
11
the ^ .. f °:':tier ° ^a a eas s i.
. °a by t° wee As an exemption, the City
may allow a well to supply landscape irrigation on more than one parcel if the
irrigation is:
a) for the common area of a condominium complex or other developments
with similar common areas as approved by the Utilities Director, and the
well and irrigation system is under the control of an owners' association;
or
b) in a single commercial development, and the well and irrigation system
is subject to a recorded agreement among parcel owners which is
acceptable to the Utilities Director and City Attorney which establishes
responsibilities for operation and maintenance of the common facilities
and areas served by the well.
2) When an allocation or potential offset is not available, a well
may be allowed to eliminate the required offset for potable water
needs only as an interim source until a new City water source is
available. Once a new source becomes a available, the project
will be required to acquire an allocation from the City. Impact
fees will be due at the time the development is approved.
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3) The City Council approves the well proposal as part of a
specific land development project approval, and the proposed
well system meets all City standards; and
4) A qualified, independent, hydrological investigation
demonstrates that the well(s) reliably can provide sufficient
quality and quantity of water for the proposed land development
project and will not impact the yields from City wells.
WW 9.1.2: Basis for Allocations and Offsets
Required allocations and offsets will be based on long -term usage for each type of development.
(These use and offset factors will be determined and published by the City, and may be revised,
as warranted, by new information.) (p19, 9.2)
10.0 RECLAIMED WATER
10.1 POLICIES
WW 10.1.1: Reclaimed Water Quality
The City will produce high quality reclaimed water, suitable for a wide range of non - potable
uses. (p20, 10.1)
WW 10.1.2: Uses of Reclaimed Water
The City will make available reclaimed water to substitute for existing potable water uses as
allowed by law and to supply new nonpotable uses. (p20, 10.2)
When deemed appropriate by the Utilities Director, new development shall be equipped with
dual plumbing to maximize the use of reclaimed water for non - potable uses.
11.0 WATER SERVICE WITHIN THE CITY
11.1 POLICY
WW 11.1.1: Water Service within the City
A) The City will be the only purveyor of water within the City. (p22, 11.1)
B) Appropriate use of privately owned wells may be allowed with the approval of
the Utilities Director consistent with policies 8.1.5 and 9.1.1
The following modifications are to the "Background" portion of Section 8
of the Water Management Element (the background section is not included
in the General Plan Digest).
The adoption of 145 gallons per person per day as a water supply planning figure
would indicate water is available for development, eliminating the need for
retrofitting. Since the 145 gallons per person assumes that the retrofit component
of the water conservation program is complete
july new development will continue to retrofit until the enure City is
e' ssentially retrofitted as determined by 'the.: City Council
RESOLUTION NO. 9002 (1999 SERIES)
A RESOLUTION OF THE COUNCIL
OF THE CITY OF SAN LUIS OBISPO
ESTABLISHING INTEGRATED SOLID WASTE RATES
WHEREAS, on June 21, 1994; the City Council of the City of San Luis Obispo approved
the Rate Setting Manual Process and Methodology Manual for Integrated Solid Waste
Management Rates; and
WHEREAS, a review of San Luis Garbage Company's 1999/2000 interim year solid
waste rate application has been completed in accordance with the adopted solid waste rate setting
policies.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Resolution No. 8854 (1998 series) is hereby rescinded on midnight,
January 31, 2000.
SECTION 2. The rates set forth in Exhibit A shall be effective February 1, 2000.
On motion of Council Member Romero, seconded by Vice Mayor Schwartz, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz
and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted on this 13"' day of December 1999.
ON 01
ATTES
Lee Price, City Clerk
APPROVED AS TO FORM:
R 9002
ffiBIT A
CITY OF SAN LUIS OBISPO l
5.22% AVERAGE ACROSS THE BOARD INCREASE
FOR INTEGRATED SOLID WASTE ACTIVITIES
EFFECTIVE 2 -1 -2000
MULTI-UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
(cubic yards)
COLLECTIONS PER WEEK
1 2 3 4 5 6
7
1
$62.80
$91.44
$120.08
$148.72
$177.36
$206.00
$234.64
1.5
$72.71
$112.36
$152.02
$191.68
$231.34
$270.99
$310.65
2
$82.62
$132.19
$181.76
$231.33
$280.90
$330.46
$380.03
3
$102.44
$171.85
$24125
$310.65
$380.05
$449.46
$518.86
4
$12227
$212.61
$302.95
$393.29
$483.63
$573.98
$664.32
6
$161.91
$293.62
$424.12
$55522
$686.33
$817A3
$948.54
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods, when volume is identical.
COMMERCIAL GARBAGE CANS (PER MONTH)
number
Of
cans
COLLECTIONS PER WEEK
1 2 3 4 5 6
7
1
$15.43
$2423
$33.04
$41.85
$50.65
$59.46
$6827
2
$19.83
$30.85
$41.87
$52.88
$63.90
$74.92
$85.93
3
$2424
$37.47
$50.69
$63.92
$77:15
$90.37
$103.60
4
$28.65
$44.08
$59.50
$74.93
$90.35
$105.78
$12120
5
$33.06
$50.68
$68.31.
$85.93
$103.56
$121.18.
$138.81
6
$37.47
$5729
$77.12
$96.94
$116.76
$136.59
$156.41
7
$41.88
$63.91
$85.94
$167.98
$130.01
$152.04
$174.08
8
$4629
$70.53
$94.77
$119.01
$14326
$167.50
$191.74
9.
$50.69
$77.14
$103.58
$130.02
$156.46
$182.90
$209.35
Maximum volume and weight per garbage can: 35 gallons and 80 pounds
Additional charge per can per collection: $4.73
Proposed Rate Schedule for Integrated Solid Waste Services effective 2 -1 -2000
CITY OF SAN LUIS OBISPOi' ) ^`
COMMERCIAL WAqTr WHEELER CONTAINERS (PER MONTHI
number
of
containers
1 cubic yard (minimum charge)
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH
COLLECTIONS PER WEEK
$40.76
S¢e of
$48.47
1 2 3 4 5 6
7
1
$25.34
$41.87
$58.40
$74.93
$91.46
$107.99
$124.52
2
$40.76
$64.99
$89.23
$113.46
$137.69
$161.92
$186.16
3
$56.19
$88.13
$120.08
$152.02
$183.97
$215.91
$247.86
4
$71.61
$11127
$150.93
$190.58
$23024
$269.90
$309.56
5
$87.04
$134.41
$181.78
$229.15
$276.52
$323.89
$37126
6
$102.46
$157.55
$212.63
$267.71
$322.79
$377.88
$432.96
7
$117.89
$180.68
$243.48
$30627
$369.07
$431.86
$494.66
8
$133.31
$203.82
$274.33
$344.84
$415.35
$485.85
$556.36
9
$148.74
$226.95
$305.16
$383.37
$461.58
$539.79
$618.00
In addition to the collection rates stated above for waste wheeler containers, there shall be charged a
monthly rental fee for each container. $220 Rental per waste wheeler per month
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods, when volume is identical.
UNSCHEDULED EXTRA COLLECTIONS FOR
COMMERCIAL CUSTOMERS AND
MULTI -UNIT RESMENT1AL DUMPSTER CUSTOMERS
$25.34
1 cubic yard (minimum charge)
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH
2 cubic yards
$40.76
S¢e of
$48.47
4 cubic yards
COLLECTIONS PER WEEK
container
1
2
3
4
5
6
7
cubic yards)
1
$55.08
$77.12
$99.15
$121.18
$14321
$16525
$187.28
1.5
$61.69
$90.33
$118.97
$147.61
$17625
$204.89
$233.54
2
$68.30
$10245
$136.61
$170.76
$204.92
$239.07
$27322
3
$81.51
$128.88
$17625
$223.62
•$270.99
$318.36
$365.73
4
$94.73
$156.42
$218.11
$279.80
$341.49
$403.18
$464.87
6
$121.16
$20820
$29524
$38227
$469.31
$556.35.
$643.39
8
$147.59
$259.97
$372.34
$484.72
$597.09
$709.47
$821.84
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods, when volume is identical.
UNSCHEDULED EXTRA COLLECTIONS FOR
COMMERCIAL CUSTOMERS AND
MULTI -UNIT RESMENT1AL DUMPSTER CUSTOMERS
$25.34
1 cubic yard (minimum charge)
$33.05
2 cubic yards
$40.76
3 cubic yards
$48.47
4 cubic yards
Proposed Rate Schedule for Integrated Solid Waste Services effective 2 -1 -2000
CITY OF SAN LUIS OBISPO�
SINGLE FAMILY and MULTI -UNIT RESIDENTIAL (4 units or less)
VOLUME -BASED RATES
ORANGE BAG RATE
$2.64 per month for collection service
$19.83 per special 33-gallon bag- payable when bags are issued.
ECONOMY RATE
$8.70 per month for one 32 gallon wastewheeler container collected once each week
STANDARD RATE
$17.40 per month for one 64 gallon wastewheeler container collected once each week .
PREMIUM RATE
$26.10 per month for one 96 gallon wastewheeler container collected once each week
PREMIUM PLUS RATE
$7.93 per month for additional 32 gallon wastewheeler container collected once each week
$15.86 per month for additional 64 gallon wastewheeler container collected once each week
$23.79 per month for additional 96 gallon wastewheeler container collected once each week
SERVICE AWAY FROM THE STREET CURB
$5.94 additional per month per can or container
LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (phone call required)
$8.82 per trip plus charges identified above for any extra containers or equivalent volume
$3.30 additional charge per 33 gallon can or equivalent volume per collection
EXTRA COLLECTIONS WITH PICKUP OR FLATBED TRUCK (phone call required)
$13.22 per trip plus:
$3.30 .per garbage can or equivalent volume (amounts over six cans by quotation)
$3.30 per white good article (once a month)
$3.30 per piece of furniture
$3.30 per mattress or boxspring
(Economy service customers must pay in advance)
Proposed Rate Schedule for Integrated Solid.Waste Services effective 24 -2000
ID
CITY OF SAN LUIS OBISPO
RATE SCHEDULE
FOR COMMERCIAL RECYCLING ACTIVITIES
BASE CHARGE FOR COMMERCIAL RECYCLING
All commercial customers will pay $3.00 per month for commercial recycling services. This charge includes
all recycling services except collection of cardboard in.excess of one yard once a week collection of
white office paper; and collection of polystyrene.
CARDBOARD COLLECTION
COMMERCIAL DUMPSTER CONTAINERS (PER MONTH)
Size of
container
COLLECTIONS PER WEEK
(cubic yards)
1
2
3
4
5
6
7
1
Included
$1928
$24.79
$30.30
$35.80
$41.31
$46.82
1.5
$15.42
$2258
$29.74
$36.90
$44.06
$51.22
$58.39
2
$17.08
$25.61
$34.15
$4269
$5123
$59.77
$68.31
3
$20.38
$32.22
$44.06
$55.91
$67.75.
$79.59
$91.43
4
$23.68
$39.11
$54.53
$69.95
$85.37
$100.80
$116.22
6
$3029
$52.05
$73.81
$95.57
$117.33
$139.09
$160.85
8
$36.90
$64.99
$93.09
$121:18
$14927
$177.37
$205.46
The rates shown above include the monthly container rental fee and are the same for bins
and garwoods, when volume is identical.
WHITE OFFICE PAPER COLLECTION
The charge for collection of each.bag of white office paper is $0.89
POLYSTYRENE COLLECTION
The charge for collection of each bag of polys"ne is $0.89
Proposed Rabe Schedule for integrated Solid Waste Services effective 2-11-2000
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RESOLUTION NO. 9001 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S
ACTION, THEREBY UPHOLDING THE DECISION TO GRANT FINAL APPROVAL
TO THE NELLA OIL SERVICE STATION & CONVENIENCE STORE AT
2211 BROAD STREET (ARC 49 -99)
WHEREAS, the Architectural Review Commission conducted a public hearing on
November 1, 1999, and granted final approval to the project, based on findings, an with
conditions; and
WHEREAS, Jack Rhodes, Nella Oil, 2349 Rickenbacker Way, Auburn, California, filed
an appeal of the Architectural Review Commission's action on November 9, 1999, based on an
objection to Condition No. 5 of the ARC's approval requiring a 2 -foot high bulkhead and
window mullions; and
WHEREAS, the City Council conducted a public hearing on December 13, 1999, and
has considered testimony of interested parties including the appellant; the records of the
Architectural Review Commission's action of November 1, 1999, and the evaluation and
recommendation of staff.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the proposed project
(ARC 49 -99), the appellant's statement, staff recommendations and reports thereof, makes the
following findings:
1. The project, which is the development of a new service station project, is appropriate in this
Neighborhood Commercial setting, will be compatible with surrounding development and
will contribute to the quality of life in San Luis Obispo, consistent with goals contained in the
City's Architectural Review Guidelines.
2. An exception to the Sign Regulations, to allow two monument signs which are a maximum
of 4'8" where a 4 -foot high sign is normally allowed, is warranted in this case, given the
exceptional circumstances applying to the property involved which do not apply generally to
properties in the vicinity with the same zoning of the site, specifically the multiple street
frontages and the adjacent Caltrans right -of -way.
SECTION 2. Action - Appeal Denied. The appeal of the Architectural Review
Commission (ARC) is hereby denied. Therefore, the Commission's action to grant final
approval to the project is upheld, subject to the following conditions:
R 9001
Resolution No. 9001 (1999 Series)
Page 2
The colors and materials board submitted at the November 1, 1999 ARC meeting is hereby
approved as submitted.
2. The proposed gable -end roof form above the building entry shall be increased in depth to a
minimum of 18 feet.
3. Allow glazing above the transom above entry doors and below the "eyebrow" canopy.
Details of the type of glass, lighting and mural type treatment with aeronautical theme shall
return to Planning staff for review and approval.
4. Further articulate the blank building wall of the south elevation by a scored stucco
treatment as discussed by the applicant's representative at the 11 -1 -99 ARC meeting.
Modify the west elevation to add a metal trellis with climbing vine such as bougainvillea.
5. Add a 2 -foot high ceramic tile bulkhead in a color which complements the lower course of
the proposed split -face block, with vertical mullions where glazing seams are currently
shown.
6. Add two additional street trees along Broad Street, consistent with the Arborist's
recommendations and City standards.
7. Provide a mix of groundcover with compact shrubs and minimize turf, consistent with the
City's Landscape Standards for Water Conservation, in the corner area owned by Caltrans.
The City's water conservation demonstration garden at the corner of Santa Barbara and
Broad Streets was pointed out as an example for appropriate types of plant materials to use
in this area.
8. Plant a greater quantity of shrubs along the south property line between the building and the
fence with the addition of another variety of shrub, such as Dodonaea viscosa (Hopseed
bush), along with Escallonia rubra shrubs, to provide both an effective screen and more
variety.
9. To maximize planting along the south property line, plans should be modified to:
• provide a more direct path of travel between the accessible space and the building by
installing a ramp in the walkway directly paralleling the space's unloading area; and
• replace the gap in the south property line planter now shown in concrete with
planting.
10. Submit a detail of the wall- mounted lights on the building's front elevation.
C 10
Resolution No. 9001 (1999 Series)
Page 3
11. Revise the proposal for the monument signs be revised to show a total of two signs, one per
frontage, as follows:
• modify the sign faces so that the price information occupies no more than a total of 20
square feet, and the identification signage occupies no more than 12 square feet;
• mount the sign face on a concrete base not to exceed 8 inches in height;
• include landscaping around, and up to, the base; and
• illumination levels shall comply with the standards called for in Condition No. 12
below..
12. Lighting levels for the wall- mounted round illuminated sign with the Flyers name and logo
shall be consistent with the limitations for illuminated signs in the Office zone, which is a
maximum of 100 luxes (10 candlepower) at a distance of 10 feet from the sign..
13. A 6 -foot wood fence shall be provided along the south property line from a point starting
where the building ends to the street yard along Broad Street, stepping appropriately with
fence height requirements as outlined in Section 17.16.050 of the zoning regulations. A
detail of the fence shall be submitted to Planning staff for review and approval along with
plans submitted for a building permit.
14. Modify the fixture of the light standard located near the south property line so that the light
emanating from it is properly shielded from the adjacent residential property.
15. Extend the height of the block material on the columns of the pump island canopy.
16. Modify the proposed pathway across the Caltrans right -of -way to the site so that it does not
interfere with the designated location for an outdoor vendor.
On motion of Council Member Ewan, seconded by Council Member Romero, and on the
followine roll call vote:
AYES: Council Members Ewan, Marx, Romero and Mayor Settle
NOES: Vice Mayor Schwartz
ABSENT: None
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Resolution No. 9001 (1999 Series)
Page 4
The foregoing resolution was passed and adopted this 13"' day of December 1999.
ayor Allen Se tle
ATTEST
City Clerk Lee Price
APPROVED AS TO FORM:
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RESOLUTION NO. 9000 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING AN ADDITIONAL DENSITY BONUS FOR A SENIOR FRAIL ELDERLY
HOUSING PROJECT AT 3001/3045 JOHNSON AVENUE
(GPIR 106 -99)
WHEREAS, the Planning Commission conducted a public hearing on November 17, 1999 and
recommended approval of an additional density bonus for a senior housing project at the 3001/3045
Johnson Avenue in accordance with City Zoning Regulations (Section 17.90.050); and
WHEREAS, the City Council held a public hearing on December 13, 1999 and has considered
testimony of interested parties, the records of the Planning Commission hearing and action, and the
evaluation and recommendation of staff; and
WHEREAS, the City of San Luis Obispo has adopted Affordable Housing Incentives to encourage
housing projects to incorporate units affordable to qualifying seniors, and which conform to City
development policies and standards by providing density bonuses as required by the California Government
Code Section 65915, et.seq.; and
WHEREAS, the City of San Luis Obispo has adopted alternative or additional housing incentives
for parties agreeing to construct housing for qualifying senior households, and said parties desire an
incentive other than the standard 25 percent density bonus allowed by City Code (Section 17.90.040 of the
Zoning Regulations) and State law; and
WHEREAS, the Judson Terrace Lodge is requesting a density bonus in excess of that provided in
Section 17.90.030 of the Zoning Regulations.
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings That this Council, after consideration of the request for an additional
density bonus and the Planning Commission's recommendations, staff recommendations, public testimony,
and reports thereof, makes the following findings:
The proposed senior housing development meets the affordable housing incentive criteria
contained in the Chapter 17.90 of the City Zoning Regulations.
2. The additional density bonus will allow for the development of a 32 unit frail elderly center, and
assure that the rental rates are affordable to low income seniors.
3. A mitigated negative declaration was prepared by the Community Development Department on
October 25, 1999, which identifies no significant environmental impacts associated with the
additional density bonus. This Council finds that the project, with said density bonus, will not
have a significant adverse impact on the environment subject to the mitigation measures
contained in initial study, E- 106 -99, being incorporated into the project.
• ' 111
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Resolution No. 9000 (1999 Series)
Page 2
4. The subsequent senior frail elderly housing project will comply with the City development
policies and standards for lot coverage, building height, parking, open space and land use
compatibility.
SECTION 3. Approval- The request for a density bonus in excess of the standard 25% density
bonus is hereby approved subject to the following conditions:.
1. The additional density bonus is only for the 32 senior frail elderly apartments proposed by
Judson Terrace Lodge.
2. The housing project must meet all City development standards and is subject to final review and
approval by the City Architectural Review Commission. The ARC will review site design,
building architecture, parking and other site improvements to assure compatibility with
surrounding properties.
On motion of Council Member Marx, seconded by Council Member Ewan and on the following
roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle
NOES: None
ABSENT: NONE
The foregoing resolution was passed and adopted this 13th day of December 1999.
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City Clerk Lee Price
APPROVED AS TO FORM:
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RESOLU'T'ION NO. 8999 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AMENDING THE GENERAL PLAN LAND USE ELEMENT MAP
TO CHANGE THE LAND USE DESIGNATION OF PROPERTY AT 3001/3045 JOHNSON
AVENUE FROM LOW DENSITY RESIDENTIAL TO HIGH DENSITY RESIDENTIAL.
(GP 106 -99)
WHEREAS, the Planning Commission conducted a public hearing on November 17, 1999 and
recommended approval of the amendment to the City's General Plan Map; and
WHEREAS, the City Council held a public hearing on December 13, 1999 and has considered
testimony of interested parties, the records of the Planning Commission hearing and action, and the
evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft Mitigated Negative Declaration of
environmental impact as prepared by staff and reviewed by the Planning Commission; and
WHEREAS, the City Council finds that the proposed map amendment is consistent with the
policies of the General Plan;
NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as
follows:
SECTION 1. The City Council finds and determines that the project's Negative Declaration with
the recommended mitigation therein adequately addresses the potential significant environmental
impacts of the proposed project, and reflects the independent judgment of the City Council. The Council
hereby adopts said Negative Declaration and incorporates the following mitigation measures into the
project:
A Special Considerations ( "S'') overlay zone shall be placed on the property. The "S" overlay
zone is a tool to guarantee that the neighborhood compatibility issues are not overlooked. The
special consideration overlay will document that any proposed development on the site should be
reviewed for neighborhood compatibility and will require an administrative use permit to
establish proposed uses on the property. Potential land use compatibility issues will be addressed
through project design and incorporation of adequate buffers.
2. Future development on the site shall incorporate facilities for interior and exterior on -site
recycling. In addition, site development shall include a solid waste recycling plan for recycling
discarded building materials such as concrete, drywall, wood and metals from the construction
site. The plans must be submitted for approval by the Community Development Director prior to
building permit issuance.
3. Any development on the site shall require architectural review to assure that impacts to views
and light/glare are addressed properly.
FA We
Resolution No. 8999 (1999 Series)
Page 2
SECTION 2. Findings- That this Council, after consideration of the request to amend the Land
Use Element map designation from Low Density Residential to High Density Residential and the Planning
Commission's recommendations, staff recommendations, public testimony, and reports thereof, makes the
following findings:
1. The proposed amendments will not be detrimental to the health, safety or welfare of persons
residing or working in the vicinity because the zone change will result in the property being
developed with residential uses.
2. The proposed amendments are consistent with the goals and policies of the General Plan which
encourage the development residential uses including those for special needs.
3. The proposed "S" overlay zoning will document that any proposed development should be
reviewed for neighborhood compatibility and will require the processing of an administrative use
permit to establish proposed uses. Future development shall not exceed two- stories.
4. The land use change and rezoning of the site is appropriate and will be compatible with
surrounding land uses through the required processing of an administrative use permit and
architectural review.
5. A mitigated negative declaration that was prepared by the Community Development Department
on October 25, 1999 (revised on November 17, 1999) identifies no significant environmental
impacts associated with project development. This council finds that the project will not have a
significant adverse impact on the environment subject to the mitigation measures contained in
initial study ER 106 -99 being incorporated into the project.
SECTION 3. Approval _ The request to amend the Land Use Element map designation from Low
Density Residential to High Density Residential is hereby approved as shown on attached Exhibit "A."
SECTION 4. The Community Development Director shall cause the change to be reflected in the
documents which are on display in City Hall and which are available for public use.
On motion of Council Member Marx, seconded by Council Member Ewan, and on the following
roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and Mayor Settle
NOES: None
ABSENT: None
Resolution No. 8999 (1999 Series)
Page 3
The foregoing resolution was passed and adopted this 13`h day of December 1999.
Mayor Allen Settle
ATTEST:
City Clerk Lee Price
APPROVED:
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RESOLUTION NO. 8998 (1999 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE ISSUANCE OF MULTIFAMILY HOUSING REVENUE BONDS
BY THE HOUSING AUTHORITY OF THE CITY OF SAN LUIS OBISPO
WHEREAS, the Housing Authority of the City of San Luis Obispo (the "Housing
Authority ") has been asked to issue tax- exempt obligations in a principal amount not to exceed
$13,000,000 (the "Obligations ") for the purpose, among other things, of making a loan to
DeVaul Ranch, LLC, a California limited liability company ( "Developer "), the proceeds of
which will be used by the Developer to finance (1) the acquisition, construction, rehabilitation
and development of a 122 -unit multifamily housing facility located at the Southwest corner of
Los Osos Valley Road and Madonna Road in the City of San Luis Obispo (the "City "), and (2)
the acquisition of vacant real property adjacent thereto (the "Project'); and
WHEREAS, the Housing Authority is authorized by the Health and Safety Code of the
State of California (the "Law ") to issue and sell revenue bonds for the purpose of financing the
acquisition, construction, rehabilitation and development of multifamily rental housing facilities
to be occupied in part by low and very low income tenants; and
WHEREAS, neither the Housing Authority nor the City will have any obligation to pay
debt service on the Obligations except from loan repayments made by the Developer; and
WHEREAS, the Obligations will be considered to be "qualified exempt facility bonds"
under Section 142(a) of the Internal Revenue Code of 1986, as amended (the "Code "), and
Section 147(f) of the Code requires that the "applicable elected representative" with respect to
the geographical area in which the Project is to be located hold a public hearing relating to and
approve the issuance of the Obligations; and
WHEREAS, the Council of the City of San Luis Obispo is the applicable elected
representative of the City; and
WHEREAS, a notice of public hearing in a newspaper of general circulation in the City
has been published, to the effect that a public hearing would be held by this City Council
regarding the issuance of the Obligations by the Housing Authority and the nature and location
of the Project; and
WHEREAS, the Council held said public hearing on such date, at which time an
opportunity was provided to present arguments both for and against the issuance of such
Obligations and the nature and location of the Project.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The above recitals are true and correct.
SECTION 2. The Council hereby approves the issuance of the Obligations by the
Housing Authority. It is the purpose and intent of the Council that this resolution constitutes
W. . .
Resolution No. 8998(1999 Series)
Page 2
approval of the Obligations for the purposes of Section 147(f) of the Code by the applicable
elected representative of the governmental unit having jurisdiction over the area in which the
Project is located, in accordance with said Section 147(f).
SECTION 3. Issuance of the Obligations shall be subject to further approval by the
Housing Authority of the documents relating to the Obligations.
SECTION 4. This resolution shall take effect immediately upon its passage
Upon motion of Council Member Marx, seconded by Council Member Romero,
and on the following roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor
Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 13`h day of December 1999.
Mayor Allen S
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Lee Price, City C
APPROVED AS TO FORM:
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RESOLUTION NO. 8997 (1999 Series)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO TO
PARTICIPATE IN VARIOUS ACTIONS TO SUPPORT SALMON CONSERVATION AND
RECOVERY ALONG THE PACIFIC COAST, INCLUDING PURSUING GRANT FUNDS
FROM THE PACIFIC COAST SALMON CONSERVATION AND RECOVERY INITIATIVE
WHEREAS, the decline of salmon and steelhead populations along the Pacific Coast region
from California to Alaska over the last decade has led to listing by National Marie Fisheries Service of
salmonid populations as "threatened" or "endangered ", pursuant to the Endangered Species Act; and
WHEREAS, numerous watersheds that are tributaries to the Pacific Ocean are significantly
impacted by these listings, and;
WHEREAS, in April of 1998, representatives from counties within the states of Alaska,
California, Oregon and Washington, began meeting to consider a joint effort to seek federal funding
for salmonid restoration projects; and
WHEREAS, outreach for this effort was expanded to include representatives from other cities,
special districts, tribal and other interest groups; and
WHEREAS, all those participating shared common interests of similar resource enhancement
needs, recognition of the economic and regulatory effects of the listing or potential listing of salmonids
with their region, and urgent need to implement restoration work to prevent further decline of salmonid
populations despite limited local funding resources; and
WHEREAS, by consensus, the local governing bodies and treaty tribes of Alaska, California,
Oregon and Washington, established the historic Pacific Coastal Salmonid Conservation and
Restoration Initiative and agreed to work together to acquire federal funding for the recovery of Pacific
coastal salmon and steelhead trout; and
WHEREAS, in September of 1998, the Secretary of the California Resources Agency was
solicited to urge state leadership to support and advocate for federal funding for salmonid recovery;
and
WHEREAS, in October 1998, the governors of Alaska, California, Oregon and Washington
requested of Vice President Gore a commitment in the President's budget for the Fiscal Year 2000, for
$200 million per year, $50 million per state, for six years to fund the four -state initiative; and
WHEREAS, this funding would provide for restoration work such as reducing stream
sediment, improving water quality, and protecting spawning grounds; and "
WHEREAS, regional and local elected officials, including representatives from the City of San
Luis Obispo worked cooperatively with the 13.Califomia Pacific coast counties to gain support from
members of Congress for inclusion of $200 million in the President's budget for the Pacific Coast
Salmon Recovery and Restoration Initiative; and
WHEREAS, the collaboration of these efforts resulted in the $78 million Salmon Recovery
Fund in the Final Federal Budget for FY 2000; and
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Resolution No. 8997 (1999) Series
Page 2
WHEREAS, the State of Alaska is to receive $14 million, the State of California $9 million,
the State of Oregon $9 million, the State of Washington $18 million, and the affected treaty tribes $6
million, $2 million is allocated for Columbia River region, and $20 million for U.S. /Canadian fishing
treaties; and
WHEREAS, the proposed fund requires an equal non - federal match and the cost of recovering
historic runs of salmon and steelhead will overwhelm the financial resources of City of San Luis
Obispo; and
WHEREAS, the City of San Luis Obispo has spent time and effort securing support from
Senator Jack O'Connell and Assembly Member Abel Maldonado to secure matching funds for this
initiative through the California. Water Bond, AB.564 /SB 530 (Machado /Costa), in the amount of $20
million; and the Parks, Coastal, Recreational and Natural Resources Bond, SB 57 (Hayden), in the
amount of $25 million; and
WHEREAS, the total amount of federal and state dollars available for restoration of historic
runs of salmon for California is $54 million; and
WHEREAS, distribution of the federal funds to the State of California requires an
accountability mechanism to ensure effective expenditure of funds fora regional approach to salmon
recovery, and subsequently the California Coastal Salmon Conservation and Recovery Act, SB 291
(Chesbro), was introduced designating the California Resources Agency as the responsible State
Agency for allocating the federal funds; and
WHEREAS, the 13 county regions from Ventura to Del Norte have collaborated to reach a
consensus for requesting distribution of approximately $10 million of the combined federal and state
funds in FY 2000 to this region, and have agreed that each county region request approximately
$750,000; and
WHEREAS, all participating county regions have agreed that an additional $10 million of
federal and state funds in FY 2000 be set aside for non - governmental organizations and other entities
to utilize for restoration work with review and approval by the California. Resources Agency; and
WHEREAS, it was a consensus that each region would use the funds for local, science -based
salmonid recovery projects, funding "ready to go" and "on the ground" projects that can help achieve
immediate results in habitat protection and restoration to maximize the benefit of this historic program;
and
WHEREAS, in the City of San Luis Obispo it is our intent to use the Federal funds for such
important purposes as the below listed specific projects that are considered beneficial by California
Department of Fish and Game and National Marine Fisheries Service:
• Upper San Luis Obispo Creek Dam Removal, $300,000, in design phase; and
• Upper San Luis Obispo Creek Habitat Improvements, $50,000, in design phase
NOW THEREFORE BE IT RESOLVED that the City Council of the City of San Luis Obispo
hereby finds, determines, and declares as follows:
Resolution No. 8997 (1999) Series
Page 3
1. All of the above recitals are true and correct; The Mayor is hereby authorized and directed
to sign a joint effort letter to the Secretary of the Resources Agency requesting distribution
of $750,000 of federal and state funds from the President's Salmon Recovery Fund to each
respective County region for these specifically identified projects;
2. The Mayor is hereby authorized and directed to actively continue support of SB 291
(Chesbro), California Salmon Recovery Fund, which will provide a mechanism for the
future distribution of federal and state funds that will maximize federal and state dollars
allocated for actual restoration projects; and
3. The Mayor is hereby authorized and directed to actively continue support of the Pacific
Coastal Salmonid Conservation and Restoration Initiative for continued federal funding
upwards of $50 million per year /per state over at least the next six years for restoration
work.
Approved and adopted this 13th day of December, 1999.
On motion of Council Member Ewan, seconded by Vice Mayor Schwartz and on the following
roll call vote:
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz and Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 13th day of December 1999.
Allen IC Settle, Mayor
Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8996 (1999 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 1750 (Unit 6)
WHEREAS, the City Council made certain findings concerning Tract 1750, as contained
in Resolution No. 6874 (1990 Series), and
WHEREAS, Conditions 2 and 37 of said Resolution No. 6874 (1990 Series) require the
developer to secure access and improvement rights to construct bikeway improvements within
the existing railroad right of way, which has thus far been denied by the owner (Union Pacific
Railroad Co.), and
WHEREAS, all other conditions required per Resolution No. 6874 (1990 Series) for
Unit 6 of said Tract No. 1750 have been satisfactorily met or are guaranteed under the attached
Subdivision Agreement (Exhibit A) and surety to guarantee Faithful Performance ($1,090;000
total) and payment for Labor & Materials ($ 545,000 total).
NOW THEREFORE, BE IT RESOLVED that final map approval is hereby granted for
Tract No. 1750 (Unit 6) and the Mayor is authorized to: 1) execute the Subdivision Agreement
and 2) accept the grant deeds for Lot 56 (Creekway), Lot 57 (Drainage & Sanitary Sewer
purposes), and Lot 58 (pedestrian path to Islay Park) in fee title and the Open Space Easement
over Lot 54, on behalf of the City; 3) execute the Common Driveway Agreement affecting Lots
27, 28 and 29, which is to be recorded concurrently with the final map.
The Public Works Director shall pursue acquisition of the above - referenced access and
improvement rights from Union Pacific Railroad Company (UPRR) for the Subdivider to install
the required bike and pedestrian path improvements within the.UPRR right of way and arch
culvert.
If such rights are not secured within sixty (60) days of this date, the City Attorney is authorized
to pursue eminent domain proceedings against the UPRR; pursuant to Section 66462.5 of the
California Government Code (Subdivision Map Act). The Subdivider has posted a fifty thousand
($50,000) dollar Letter of Credit as a deposit towards applicable costs to process this action, in
accordance with the attached Subdivision.Agreement. Failure to acquire the rights by eminent
domain, or otherwise, shall be cause for waiving Condition 37 as the Subdivider's responsibility;
except that the Subdivider shall pay $40,000 to the City to pursue an alternative connection
between the Edna and Islay neighborhoods, as prescribed in the Subdivision Agreement.
On motion of Council Member Ewan, seconded by Vice Mayor Schwartz and on the
following roll call vote:
::416i
Resolution 8996 (1999 Series)
Page 2
AYES: Council Members Ewan, Marx, Romero, Vice Mayor Schwartz, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 13th day of December 1999.
ATTEST: /I-- / MAYOR Allen K. Settle
APPROVED AS TO FORM:
i
SUBDIVISION AGREEMENT
THIS AGREEMENT is dated this .3th day ofDecembeg199i1y and between Park
View -San Luis, L.P., A California 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 of
which is shown on the Final Map of Tract 1750, Unit 6, City of San Luis Obispo, California, as
approved by the City Council on the 13th day of December , 14 99
The Subdivider desires that said Tract No. 1750, Unit 6, 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 Code), and
It is a condition of said regulations that the Subdivider agree to install the improvements
as set forth on the plans therefore.
In consideration of the foregoing, the Subdivider does hereby agree to construct and,
install the following subdivision improvements in accordance with said subdivision regulations,
and in accordance with approved plans and specifications on file in the office of the City
Engineer, City of San Luis Obispo, to wit:
1. 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
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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 the Subdivider in
accordance with said approved plans and specifications.
The Subdivider agrees that the work of installing the above improvements shall begin
within thirty (30) days from the date of recording of the final map, and that the work shall be
completed within eighteen (18) months of said recording date, unless an extension has been
granted by the City, provided that if completion of said work is delayed by acts of God or labor
disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent
to such period of delay in which to complete such work. Any extension of time hereunder shall not
operate to release the surety on the Improvement Security filed pursuant to this agreement. In
this connection, the surety waives the provisions of Section 2819 of the Civil. Code of the State of
California.
No building permits will be issued nor occupancy granted after the expiration date of the
agreement until completion and acceptance of all public improvements unless specifically
approved by the City.
The Subdivider does also agree to comply with the conditions established by the Planning
Commission and/or the City Council and has paid the necessary fees as indicated on the attached
Exhibits 1 and 2.
The restoration of lost section corners and retracement of section lines within the
Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional
2
Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California.
The Subdivider has submitted an instrument of credit or bond approved by, and in favor of
the City of San Luis Obispo, as security for the performance of this agreement, and conditional
upon the faithful performance of this agreement. Said instrument of credit or bond shall be in the
total amount of $ 1,090,000.00, which is the amount of the estimated cost of said improvements.
Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or
materials or defective construction of said improvements occurring within twelve (12) months after
acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code
of the State of California, upon final completion and acceptance of the work, City will release all
but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful
performance by the Subdivider of his obligation to remedy any defects in the improvements
arising within a period of one year following the completion and acceptance thereof.
Completion of the work shall be deemed to have occurred on the date which the City
Council shall, by resolution duly passed and adopted, accept said improvements according to said
plans and specifications, and any approved modifications thereto. Neither periodic nor progress
inspections or approvals shall bind the City to accept said improvements or waive any defects in
the same or any breach of this agreement.
If the Subdivider fails to complete the work within the prescribed time, the Subdivider
agrees that City may, at its option, declare the instrument of credit or bond which has been posted
by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete
said improvements, or City may complete said improvements and recover the full cost and
expense thereof from the Subdivider or his surety.
The Subdivider agrees to deposit with the City a labor and materials bond in the amount of
50% of the above described subdivision improvements in accordance with State law.
Said Subdivider has paid a total inspection fee of $27,815.00, for City to inspect installation of
3
said subdivision improvements, and verify that they have been completed in accordance with the
plans and specifications.
Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and
specifications on file .with said City Engineer as a part of .said .Subdivision Map, and all other
documents filed with the City by the Subdivider and approved by the City Engineer are hereby
referred to for further particulars in interpreting and defining the obligations of the Subdivider
under this agreement.
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 furbish 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:
SUBDIVIDER:
Park View -San Luis, L.P., a
California Limited Partnership,
By: MS II /SEPII GP, LLC, a California
Liability Company, General Partner
By: Hearthstone Inc., a
California Corporation, Manager
4
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APPROVED P TO CONTENT:
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PUBLIC WORKS DIRECTOR
Michael D. McCloskey
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EXHIBIT 1
TRACT 1750 (Unit 6)
SUBDMSION AGREEMENT
1. The Subdivider has paid a sewer lift station fee for Rockview -Tank Farm sewer lift station of $4,120.15
(10.44acres x $131.55 x 3), per Conditions 20 and 22 of Resolution 6874 (1990 series).
2. The Subdivider has paid water acreage fees of $ 20,880.00 (10.44acres x $2,000 /acre) (Fee updated to 1998 a
2.5% per year) prior to recordation of the final map, per Condition 22 of Resolution 6874 (1990 series).
3. The prior dedication and improvement of the 10.76 acre Islay Park, per Conditions 35 and 36 of Resolution
6874 (1990.series) fulfills the purpose of park dedication requirements for this unit of Tract 1750.
4. The Subdivider has performed the notification requirement regarding potential water shortages for all lots on
the Final Map, per Condition 42 of Resolution 6874 (1990 series).
5. The Subdivider has prepared Covenants, Conditions and Restrictions (CC &R's) to annex this phase into the
master homeowners association per Condition 44 of Resolution 6874 (1990 series).
6. The Subdivider has submitted a monumentation guarantee of $5,500.00 to cover the installation of survey
monuments in accordance with the approved map and payment for same. Said deposit will be released to the
Subdivider upon receipt by the City of a letter from the Engineer /Surveyor indicating the work has been
completed the work and payment has been made.
7. Pursuant to Government Code Section 66474.9, the Subdivider shall defend, indemnify and hold harmless the
City and/or its agents, officers and employees from any claim, action, or proceeding against the City and/or its
agents, officers or employees to attack, set aside, void, or annul, the approval by the City of this subdivision,
Tract 1750, and all actions related thereto, including but not limited to environmental review and adoption of
Ordinance No. 1179 (PD 1449 -B).
8. Transportation impact fees are payable per Condition 52 of Resolution 6874 (1990 Series) and pursuant to
Ordinance No. 1256 (1994 Series) prior to issuance of building permits.
9. The subdivider shall convey Lot 54, (open space), to the owner of the adjacent open space in fee to be merged
with the Islay hill property, with the same provisions and restrictions of open space as per existing agreement
on the adjacent property, simultaneously with "recordation of this final map.
10. Per condition 5 of Resolution 6874 (1990 Series), "The subdivider shall pay $60,000 to the city for a fast
response vehicle with off road capability, to serve this area. Payment of $60,000.00, adjusted for inflation
between tentative map approval and time of payment, shall be made prior to approval of the final map for
phase 6. ($60,000.00 + 3010 interest compounded annually= $78,286.39)
11. Per condition 37 of Resolution 6874 (1990 Series), "The developer is responsible for securing access and
improvement rights, including maintenance by the City, for the bicycle path under the railroad."
The above - referenced access and improvement rights have not yet been acquired by the Subdivider. City
staff is currently pursuing .such rights with Union Pacific Railroad Company (UPRR). In accordance with
California Government Code Section 66462.5 (Subdivision Map Act) provisions, the City will acquire such
rights or file eminent domain proceedings on behalf of the Subdivider, within 120 days of the date of final
6
map approval for this unit of Tract 1750.
The subdivider has submitted a letter of credit in the amount of fifty thousand ($50,000.00) dollars as a good
faith deposit to guarantee payment of any and all applicable costs associated with acquiring the offsite real
property interests per Condition 37 and including, but not limited to, any and all attorney's fees and costs in
the event eminent domain proceedings are required. Any additional costs shall be paid to City within 30
days upon written demand and/or prior to acceptance by the City of the improvements for this unit of Tract
1750.
In the event the City, at its sole discretion, finds and determines that an alternative alignment would be more
acceptable and/or feasible (through its negotiations' with the UPRR) than utilizing the proposed culvert
crossing under the UPRR right of way, the Subdivider agrees to pay to City the amount attributed to the
Subdivider's costs to improve the current design utilizing the UPRR culvert, as determined by the Public
Works Director. This amount is forty thousand ($40,000) dollars and would be payable prior to acceptance
of the improvements and release of surety by City for this tract.
7
EXHIBIT 2
TRACT 1750 -6
FEE AND BOND LIST
"Bonds" - Improvements:
Amount
1. Faithful Performance (required prior to recordation)
100% Public Improvements & Infl. & Contingency
On -Site Improvements $ 990.1000.00
Creek Bridge & misc Improvements $ 100,000.00
TOTAL $1,090,000.00
2. Labor & Materials (required prior to recordation)
508 of Faithful Performance
On -Site Improvements $ 495,000.00
Bridge & Misc Improvements $ 50,000.00
TOTAL $ 545,000.00
3. Monumentation Trust Deposit $ 5,500.00
Form /Surety Received
(American Motorists Ins. Co.)
Bond / #3SM95990500 11/29/99
Bond / #3SM95990600 11/29/99
Bond / #3SM95990500 11/29/99
Bond / #3SM95990600 11/29/99
CC) 33 3 0 6 //J-/ / L
0
Account No.
Fees - (paid with final map)
A. Sewer Lift Station Fee
$
4,120.15
052- 0017- 074 -030 11/29/99
10.44AC x $394.65/Ac
B. Water Acreage Fees
$
20,880.00
050- 0017- 071 -020 11/29/99
10.44Ac x $2,000 /Ac
C. Opticom Device
$
10,000.00
001- 0015- 045 -080 11/29/99
D. Off Road Vehicle (Condition 5)
$
78,286.39
11/29/99
($60,000 + 38 compound interest)
Plan Checking and Inspection Fees'
Plan Checking Fee
$
18,603.00
001- 0015- 046 -010 1/26/99
Construction Inspection Fee - Deposit
$
10,000.00
001 - 0015- 048 -030 9/22/99
Construction Inspection Fee — Remainder
$
17,815.00
001 - 0015 - 048 -030 11/29/99
F. Map Checking Fee
$
3,400.00
aid o 11261
vxC -6C
G. Eminent domain deposit: U_PRR
$
50,000.00
ncy-
?d !t y l I? I?
�h�.Y�./w /GV.
0
RECORDING REQUESTED B and ` J
V
WHEN RECORDED MAIL TO`.
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
DOCUMENTARY TRANSFER _ SPACE ABOVE THIS LINE FOP. 11900-RDEWS USE
(X) Computed on the consideration or value of property conveyed; OR
O Computed on the consideration or value less liens or encumbrances "
() remaining at time of sale. Signature of Declarant or Agent determining tax - Firm Name -
APN: Ptn.53 -091 -3
GRANT DEED
FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged,
PARK VIEW -SAN LUIS OBISPO, L.P., A CALIFORNIA LIMITED PARTNERSHIP
hereby GRANT(S) to
TI4E CITY OF SAN LUIS OBISPO,
a California Chartered Municipal Corporation
the real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, more
particularly described as follows:
Lots 56, 57 and 58 of Tract 1750, Unit 6, in the City of San Luis Obispo, County of San Luis Obispo, State of
California, according to map recorded , in Book , Page of Maps, in the office
of the County Recorder of said county.
Dated: November 18, 1999
Park View -San Luis Obispo, L.P.,
a California limited partnership
By: MSII/SEPH GP, LLC, a California Limited
Liability Company; General Partner
By:` Hearthston a California co oration, Manager
All' OY
Mark.; orath, Senior Vice Presiders
Stephanie Stankus, Vice President
State of C,
County of
O y-ev, z g before me, Notary Public personally appeared
(
,� 9r— personally known to me (or proved to me on the basis of
satisfactory evidence) to be the p n(s) whose name is/are subscribed to the within instrument and acknowledged to me that
he /she /they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the
person(s) or the entity(ies) upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and Official Seal
Signa re
MAIL TAX STATEMENTS TO: Same address as shown above.
RctayF'ubtic- Colifcnia
Los Angeles County
K' Corrvn. Espres 0Ct 23. 2[X
ABOVE RESERVED FOR OFFICIAL NOTARY SEAL
o
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by Park View — San
Luis Obispo, L.P.,.a California Limited Partnership dated, December 13, 1999 to the
CITY OF SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the
undersigned officer on behalf of the City Council pursuant to authority conferred by
Resolution No. 5370 (1984 Series) recorded June 15, 1984 in Volume 2604, Official
Records, Page 878, San Luis Obispo County, California and the Grantee consents to
recordation thereof by its duly authorized officer or his agent.
Date: 12115199
AT7
1
City Clerk
CITY OF SAN LUIS OBISPO
By -
Allen K. Settle, Mayor
Recording Requested By and
When Recorded Mail To:
City of San Luis Obispo
Community Development Department
990 Palm Street
San Luis Obispo, CA 93401
A.P.N. 53- 091 -37
(71,
GRANT OF EASEMENT AND AGREEMENT FOR COMMON
PRIVATE DRIVEWAY
(One Easement, One Party)
This agreement is entered into between the CITY OF SAN LUIS OBISPO, A CALIFORNIA
CHARTERED MUNICIPAL CORPORATION (hereinafter referred to as "City "), and Parkview - San
Luis, L.P., a Califomia Limited Partnership (hereinafter referred to as "Owner(s) "), with reference to the
following facts:
A. Owner owns the following described real property situated in the City of San Luis Obispo,
County of San Luis Obispo, State of California, to wit:
Lots 27, 28, and 29 of Tract 1750, Unit 6, in the City of San Luis Obispo, County of San Luis
Obispo, State of California, accord_ ing to, map recorded , in
Book , Page Of Maps, in the office of the County Recorder of said county.
B. Owner desires to construct residences on each of said lots; and
C. City, as a condition of said development, requires the creation of a common driveway
agreement to serve said lots, for the benefit of each of them, and for the benefit of Owner.
The parties hereto agree as follows:
1. Owner hereby dedicates an easement for a common driveway over said property, as shown on
Exhibit "A" for the use and benefit of said lots.
2. Owner and his heirs and assigns hereby agree to comply with the following terms and
conditions:
(a) The owner(s) of Lots 27, 28, & 29 , its heirs and assigns will be jointly responsible
to improve, maintain and keep in repair, said driveway, in the following manner:
The owner(s) of Lot 27 shall be responsible to maintain 100% of said lot's frontage, 50%
of Lot 28's frontage and 33% of Lot 29's frontage. The owner(s) of Lot 28 shall be responsible for 50%
of Lot 28's frontage and 33% of Lot 29's frontage. The owner(s) of Lot 29 shall be responsible for 34%
of Lot 29's frontage.
(b) Prohibit all parking on the common access portions
(c) Owner(s) agree jointly and individually to reimburse the City of San Luis Obispo for
all costs connected with the removal of vehicles from the common access portions, and will reimburse
the City for, and hold the City harmless from, all final judgements against.the City for damages or other
liability arising from the enforcement of the aforesaid prohibition against parking.
(d) Owner understands that the city cannot regulate vehicle usage or hazards upon said
common access driveway and agrees jointly and individually, to defend and hold the city harmless from
all claims for damages or liability arising from the alleged failure of the City to regulate vehicles or to
provide protection from hazards upon said driveway.
(e) Repair any portion of said driveway that is damaged through the intentional or
negligent acts of said party, or parties, and his/her or their licensees and invitees.
3. The parties agree that this easement is superior and paramount to the rights of any of the parties
in the respective servient estates so created, and that it is a covenant running with the land,
4. As required by the city, additional information is attached to this grant of easement and
incorporated by reference as d1 b V1 if . (If none is required, write "none".)
SEE ATTACHED SIGNATURE BLOCK
D
Attachement to "Grant of Easement an Agreement for Common Private Driveway" between the City of
San Luis Obispo and PARKVIEW-SAN LUIS, L.P., a California limited partnership.
PARKVIEW-SAN LUIS, L.P.
a California limited partnership
By: MSEUSEPH GP, LLC,
a California limited liability company
General Partner
By: Hearthstone,
a California corporation
Manager
By: 5
Stephanie Stagkus, Vice President
C.F.O. 5.,,.,:.. it c.0.
P8.0 $$%a W4-
State of Califo
County of
On 19 before me, L
Notary Public, personally appeared jj*Z,Zjj46Az6ersonaIl;
known to me or ( ) (s) whose name
is/are subscribed tothe within instrument and acknowledged to me that (s)he/they executed the same in
his/her/their capacity(ies), and that by his/her/their signattire(s) on the instrument the person(s) or the
entity upon behalf of which the person acted, executed the instrument.
Witness my hand and official seal.
NotarjPuQ
0 0
APPROVED: CITY OF SAN LUIS OBISPO
Date MAYOR Allen Settle
State of California )
County of San Luis Obispo }
On 2�, AO _ .19 be re m -12:z �� Notary Public,
personalty appeared - ( ersonally`known to me or ( )
proved to me on the basis of satisfactory evidence to be the person(s) whose name isfare
subscribed to the within instrument and acknowledged to me that (s)he/they executed the same in
his/her/their capacity(ies); and that by his/hwAheir signature( *on the instrument the personO or
the entity u n _ f whi a erson acted, executed the.instrument.
Witn ss _d ci ~ LEEFRICE
ccmmbdm a 122D447
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Notary Pub 'c SO""�
MyCommNhy21,2Dn
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Recording Requested By:
First American Title
When Recorded Mail To:
City of San Luis Obispo
City Clerk's Office
P.O. Box 8100
San Luis Obispo, CA 93403 -8100
This indenture, made and entered into thisle ay of &r-A-&,0AM, by and between
Robin L. Rossi, Trustee of the Robin L. Rossi Living Trust dated October 20, 1990, hereinafter
called "Owner" and THE CITY OF SAN LUIS OBISPO, a municipal corporation of the State of
California, hereinafter called "City."
WITNESSETH
WHEREAS, Owner owns that certain property situated in the City of San Luis Obispo, county of
San Luis Obispo, State of California, hereinafter described as "the subject property," and more
particularly described as Lot 54 of Tract 1750, Unit 6, in the City of San Luis Obispo, County of
San Luis Obispo, State of California, according to map recorded , in book
Page of Maps, in the office of the County Recorder of said county, and by
this reference incorporated herein; and
WHEREAS, the subject property has certain natural scenic beauty and existing openness; and
WHEREAS, Owner is willing to grant an easement to the City of 19,1.93.04 square meters
beyond the City's urban reserve line which would be preserved in its present scenic beauty and
existing openness by the restricted use and enjoyment of said property by the Owner through the
imposition of a perpetual open space easement with conditions hereinafter expressed; and
WHEREAS, the Owner of said property submitted plans and Final Map for said development as
required by City ordinance; and
WHEREAS, the City approved said plans and Final Map including a grant to the City of a
perpetual open space easement on a portion of said property; and
WHEREAS, the Owner is willing to grant the perpetual open space easement on said 19,193.04
square meters as part of the subdivision approval; and
WHEREAS, the Owner has supplied City with a Title company Preliminary Title Report listing
all trust deed beneficiaries and mortgagees, if any, under prior recorded deeds of trust and
mortgages on the subject property, a copy of which is attached as Exhibit "A" and incorporated
herein.
NOW THEREFORE, in consideration of the premises and in compliance with Chapter 6.5 of
Part 1 of Division 1 of Title 5 of the Government code of the State of California, commencing
with Section 51070, and in further consideration of the mutual promise, covenants and the
conditions herein contained and the substantial public benefits to be derived therefrom, the
parties hereunto agree, as follows:
Owner hereby grants to the City a perpetual open space easement in and to said Lot 54 of
Tract 1750, Unit 6, said grant of perpetual open space easement conveying to City an
estate and interest in said real property of the nature and character and to the extent
hereinafter expressed and resulting from the restrictions hereby imposed upon the use of
said property by Owner for the purpose of maintaining said property in a natural open
space character, consistent with the Edna -Islay Specific Plan. To that end, and for the
purpose of accomplishing the intent of the parties hereto, Owner covenants on behalf of
himself, his heirs, successors, and assigns with the city, its successors and assigns to do
and refrain from doing severally and collectively upon Owner's property any of the
various acts hereinafter mentioned.
2. The restrictions hereby imposed upon the use of said property by Owner and the acts
which Owner shall refrain from doing upon the said property in connection herewith
are, and shall be as follows:
A. No structure will be placed or erected upon said premises except public water
storage and appurtenance for agricultural uses consistent with the open space
character and intent of this document and consistent with Edna -Islay Specific
Plan.
B. No advertising of any kind or nature shall be located on or within said
premises.
C. Owner shall not plant nor permit to be planted any vegetation upon said
premises except as may be associated with erosion control or agricultural uses
consistent with the provisions of this agreement. Permitted uses shall include,
but not be limited to grazing and related activities or other agricultural uses
permitted by the City Council.
D. Except for the construction, alteration, relocation and maintenance of public
utility facilities and easements, the general topography of the landscape shall
be maintained in its present condition and no topographical changes shall be
made.
E. No use of said described premises which will or does materially alter the
landscape or other attractive scenic features of said premises other than those
above specified shall be done or suffered.
F. Owner shall not cut timber, trees or other natural growth, except as may be
approved by the City Community Development Director for fire protection,
thinning, elimination of diseased growth, or similar protective measures.
G. Owner shall not extract natural resources from said premises except for
development of water rights.
H. No lot split shall be permitted.
Solid fencing with the open space shall not be allowed. Fencing design shall
be appropriate to open space preservation and shall be approved by the
Director of Community Development of the City of San Luis Obispo.
3. The following property right in said property are hereby excepted from this grant and are
reserved to Owner:
A. The right to use and occupy said land shall be limited to grazing and related
activities or other agricultural uses as may be approved by the City. No
vegetation other than that necessary for erosion control or permitted for
agricultural uses may be planted.
B. The right to construct a trail system in accordance with the Edna/Islay
Specific Plan.
C. The right to develop and maintain public and private water wells and supply
lines.
D. The right to construct a domestic water tank, supply line(s), access road, and
associated appurtenances in accordance with Edna/Islay Specific Plan. The
exact location of the tank and access road may be adjusted due to soil and
geological conditions, master plan layout constraints, physical access, and
'technical and visual issues. The final location shall be approved by the
Director of Community Development of the City of San Luis Obispo.
E. The right to access and maintain all existing private roads, bridges, trails and
structures upon said land.
F. The development and operation of an equestrian center as may be authorized
by conditional use permit pursuant to the Edna/Islay Specific Plan and the
approved and recorded final map for Tract 1750, Unit 6..
4. Land uses permitted, or reserved by this instrument shall be subject to the regulation
policies and ordinances of City regulating the use of said land.
5. This easement shall remain in effect in perpetuity.
6. Notwithstanding any provisions herein, this grant of an open space easement shall in
no way restrict the construction of, nor the right of Owner to permit construction of,
public service facilities installed, or to be installed, for the benefit of the land which
is the subject of this grant, provided such facilities are installed, or to be installed,
pursuant to an authorization of the City Council.
Nothing in this agreement will prevent any facility from being constructed or
maintained if that facility is approved as part of a project approved with the
Edna/Islay Specific Plan.
This open space grant is intended to coordinate with pending and future projects
within the Edna/Islay Specific Plan area... It is agreed by all parties that when final
tract boundaries adjacent to the northerly boundary of this open space easement are
established and approved by the City Council, the open space parcel and easement will
be adjusted. The adjustment will match the future Tract boundary utilizing the
lot line adjustment process and the boundary of this open space easement will be
amended to coincide with the adjusted lot line.
This grant may not be abandoned by the City except pursuant to all of the provisions of
Section 51093 of the Government code of the State of California.
10. This grant of open space easement, as specified in Section 51096 of the Government
Code of the State of California, upon execution and acceptance in accordance with
Chapter 6.5 of Part 1 of Division 1 of Title 5 of the government code of the State of
California commencing with Section 51050, shall be deemed to be an enforceable
restriction with the meaning of Article XXVIII of the constitution of the State of
California.
11. The trust deed beneficiaries and mortgagees, if any, listed on the Preliminary Title
Report referred to above, and which signatures are axed hereto, do hereby assent
to this grant of an open space easement and, further, do hereby subordinate their
respective interests to the restrictions imposed by this gran t.
12. The terms contained herein shall be binding on the parties hereto and their
successors and assigns.
13. This open space easement shall be effective upon the effective date of recordation
of the Final Map of Tract 1750, Unit 6.
I �
1�
IN WITNESS WHEREOF, the parties hereto have executed this document on the day and
year first above written.
L. Rossi, Trustee of the Robin L. Rossi
Trust dated October 20, 1990
State of California
County of 50W 1,5 D�(s
On n0U214 Z-3 I9Q9 before me, 11,0jea0e /M yewS Notary Public
personally appeared RD%Yh G. /ZDSSI personally known to me
(or proved to me on the basis of satisfactory evidence) to be the person(s) whose name is/are subscribed to the
within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized
capacity(ies), and that by his/her /their signature(s) on the instrument the person(s) or the entity(ies) upon behalf of
which the person(s) acted, executed the instrument. _
WITNESS my hand and Official Seal
' DOMVA.IFJ1bff MVRB
— Cannts�TOni1�91IS
N7�my Publtr: — CaBtortdo
_ 8on 460b1�o Caunly
dl♦r Cantu. 6�hef Dee S.1P
ABOVE RUFYVED FOR OFFICIAL NOTARY SEAL
o ��
�/�-� " �ti -✓�'
c�
P�
CERTIFICATE OF ACCEPTANCE
THIS IS TO CERTIFY that the interest in real property conveyed by Robin L. Rossi,
Trustee of the Robin L. Rossi Living Trust dated November 23, 1999 to the CITY OF
SAN LUIS OBISPO, a Political Corporation, is hereby accepted by the undersigned
officer on behalf of the City Council pursuant to authority conferred by Resolution No.
5370 (1984 Series) recorded June 15, 1984 in Volume 2604, Official Records, Page
878, San Luis Obispo County, California and.the Grantee consents to recordation
thereof by its duly authorized officer or his agent.
Date: 12117199
CITY OF SAN LUIS
LA
ATTEST:
By. `. /l G
Ma op cky IT
Assistant City Clerk
Allen K.
0 0
RESOLUTION NO. 8995 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A PRIORITY LIST FOR UNDERGROUND DISTRICTS
FOR OVERHEAD UTILITIES
WHEREAS, the City of San Luis Obispo maintains an ongoing program to underground
overhead utility lines; and
work;
WHEREAS, the City Council periodically updates and adopts a new priority list for this
THEREFORE BE IT RESOLVED by the City Council of San Luis Obispo:
SECTION 1. The following priority list shall be used for the undergrounding of
overhead utilities:
District 14
Santa Rosa - Marsh to Pacific
District 15
Hi uera - s/o High to Marsh _
District 16
Monterey - Santa Rosa to US IOI
District 17
Broad - Marsh to South
District 18_.
Area bounded by Santa Rosa, Marsh, California, Monterey
District 19
Grand - Monterey to Slack
District 20
California - San Luis to USIOI
SECTION 2. Resolution No. 8471 (1995 Series) previously listing priorities shall be
rescinded.
Upon motion of Council Member Ewan, seconded by Vice Mayor Romero, and on the
following roll call vote:
AYES: Council Member Ewan, Marx, Vice Mayor Romero, Mayor Settle
NOES: Council Member Schwartz
ABSENT: None
the foregoing resolution was adopted this 7th day of December, 1999.
Allen Settle
A ST: APPROVED AS TO FORM:
Lee Price, City Clerk fry t . J, ge n, Attorney
R 8995
�� -�
0 0
���
���
RESOLUTION NO. 8994 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO ESTABLISH SIDEWALK CAF9 FEES
WHEREAS, it is the policy of the City of San Luis Obispo to establish fees by resolution;
and
WHEREAS, Ordinance No. 1362 creates Municipal Code Chapter 5.50 governing the
establishment and operation of sidewalk cafes;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Application Fee. Applicants requesting a sidewalk cafe permit shall pay
the same application fee required for an administrative use permit to partially cover the
administrative costs of issuing the permit. This fee may be adjusted periodically by the Council
as part of the City's Master Fee Schedule.
SECTION 2. Sidewalk Use Fee. In addition to the application fee and any other applicable
fee, applicants receiving approval fora sidewalk caf6 permit shall pay an annual sidewalk use fee
in the amount of $0.50 per square foot per month. This fee will be adjusted annually on July 1 of
each year by the annual percentage change in the U.S. Consumer Price Index - All Urban
Consumers (CPI -U) for the prior calendar year.
SECTION 3. Effective Date. The terms of this resolution shall become effective sixty
(60) days after its passage.
Upon motion of Mayor Settle, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Member Ewan, Marx, Schwartz, Vice Mayor Romero, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7th day of December, 1999.
A T:
Lee Price, City ClArk
Mayor Allen Settle
APPROVED AS TO FORM:
�Ytt/
RESOLUTION NO. 8993 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
TO ESTABLISH CITY POLICY RELATING TO
THE WIDENING OF DOWNTOWN SIDEWALKS
WHEREAS, the City of San Luis Obispo desires to maintain an attractive and vibrant
downtown; and
WHEREAS, widening public sidewalks in the area along Higuera Street between Morro
and Santa Rosa Streets, as shown on the attached Exhibit A, would provide a long -term benefit
to the community by expanding opportunities for downtown beautification and pedestrian
amenities; and
WHEREAS, the establishment of a policy relating to widening public sidewalks will
facilitate evaluation of sidewalk widening proposals;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Sidewalk widening proposals and financing.
A. City- sponsored/City- funded projects: City- initiated proposals for widening sidewalks
shall be subject to City Council approval. Such proposals will be considered along with other
capital improvement projects as part of the normal budget process and paid for by the general
fund.
B. Privately initiated/City- funded projects: A private developer may request that Council
include a sidewalk widening proposal in the budget as a capital improvement project.
C. Privately initiated / Privately funded projects: Subject to Council approval, applicants
could expedite a sidewalk widening project as follows:
• Approved projects may be designed by private sector civil engineers (in accordance
with City standards and specifications) employed by the applicant. The cost of the
design work would be the full 'responsibility of the applicant in addition to any other
City fees and charges.
• Approved projects may also be constructed in accordance with City standards and
specifications by private sector contractors employed by the applicant. The cost of the
construction work would be the full responsibility of the applicant, and not credited
toward any City fees and charges.
SECTION 2. Design Criteria. All sidewalk widening must address the following to the
satisfaction of the Public Works Director and the Community Development Director:
Sidewalk Widening Policy Resolution No. (1999 Series)
Page 2
• City engineering standards and specifications
- All sidewalk widening projects must be designed and constructed in accordance
with City engineering standards and specifications.
• Adopted City plans and policies
- Sidewalk widening must be consistent with adopted City plans and policies,
especially those related to the downtown, circulation, and land use.
• Street drainage facilities
- Design and maintenance of street drainage will be determined on a case -by-
case basis and dependent on existing facilities, subject to approval by the Public
Works Director.
• Underground basement locations
- Design and construction must address access to underground basements and the
structural support of new sidewalk overlayment.
• Delivery and service truck turning movements
- This will be reviewed on a case -by -case basis where widening might impact
street intersections and driveways.
• Adequacy of loading zones for nearby businesses
- Widening must not preclude reasonably convenient loading and delivery zones
as determined by the Public Works Director.
• Street cleaning
- Curb radii miist accommodate street cleaning equipment.
• Existing and proposed utilities, signs, traffic signals, trees, and street furniture
- It may be necessary or desirable to relocate or install some of these items to
enable more efficient use of sidewalk area.
• Provision of an adequate clear zone for pedestrians
- A minimum of 6 feet is recommended. A clear pathway must be maintained in
accordance with accessibility standards. Such clear pathway shall link with
pathways on each side of the property
• Surfacing
- The full length and width of the sidewalk (from property line to property line
and from the face of the building to the curb) shall be finished in the Mission style
per City specifications. Special designs made from Mission style sidewalk
materials - salt finished adobe colored concrete and 12" x 12" terra cotta tiles -
may be submitted for approval by the Community Development Director..
• Street furniture/buffer at the curb
- Widened sidewalks must be designed to include a street furniture / buffer zone
with a minimum dimension of eighteen (18) inches, measured from the back of
curb. The street furniture / buffer zone is the appropriate place for planters,
benches, trees, traffic signs, light poles, bicycle parking, trash containers, etc.
• Impacts on street parking
- Removal of street parking should be minimized. Generally, each block should
continue to offer several parking spaces with convenient access to stores and
restaurants.
O O
Sidewalk Widening Policy Resolution No. (1999 Series)
Page 3
SECTION 3. Findings for approval. Approval of a sidewalk widening project shall be
subject to finding that the project will provide a public benefit.
SECTION 4. Private, commercial use of widened sidewalks. Commercial uses will be
limited to sidewalk sales and sidewalk cafes subject to ordinance provisions for these uses
(Municipal Code Chapters 5.48 and 5.50). Permits for commercial use will designate the area in
which such use can occur. Commercial uses shall not extend beyond the frontage of the business
requesting use of the sidewalk. No permanent private structures will be allowed on any sidewalk.
SECTION 5. Public non - commercial use of widened sidewalks. Public use of widened
sidewalks may include, but is not limited to, public art, landscaping, pedestrian amenities,
bicycle parking, and traffic and utility infrastructure.
SECTION 6. Terms. The terms of this resolution shall become effective sixty (60) days
after its passage and shall sunset in twenty four (24) months from the effective date, unless
otherwise repealed or revised by the City Council.
Upon motion of Mayor Settle, seconded by Council Member Ewan,
and on the following roll call vote:
AYES: Council Member Ewan, Marx, Schwartz, Vice Mayor Romero, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was adopted this 7 day of December, 1999.
APPROVED AS TO FORM:
�P�Fwm- 'Porl." FA Fvv. "'..
/ • _ n VY Attorney
Mayor Allen Settle
i
Exhibit A - Sidewalk Widening
Area
Resolution 8993
Tlaramhvr 1 QQQ
s Extent of sidewalk widening area
DIA)v
RESOLUTION NO. 8992 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
IMPLEMENTING THE PROVISIONS OF SECTION 414 (h) (2) OF THE INTERNAL
REVENUE CODE RELATIVE TO THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (PERS) CONTRIBUTIONS OF THE SAN LUIS OBISPO
POLICE OFFICERS ASSOCIATION AND APPOINTED OFFICIALS
WHEREAS, the City of San Luis Obispo has the authority to implement the provisions
of Section 414 (h) (2) of the Internal Revenue Code (IRC); and
WHEREAS, the Board of Administration of the California Public Employees'
Retirement System (PERS) adopted its resolution regarding Section 414 (h) (2) IRC on
September 18, 1985; and
WHEREAS, the Internal Revenue Service has stated in December 1985, that the
implementation of the provisions of Section 414 (h) (2) IRC pursuant to the Resolution of the
Board of Administration would satisfy the legal requirements of Section 414 (h) (2) IRC; and
WHEREAS, the City of San Luis Obispo has determined that even though the
implementation of the provision of Section 414 (h) (2) IRC is not required by law, the tax benefit
offered by Section 414 (h) (2) IRC should be provided to employees of the San Luis Obispo
Police Officers' Association and to appointed officials of the City of San Luis Obispo;
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective January 6, 2000, the City of San Luis Obispo will implement the
provisions of Section 414 (h) (2) IRC by making employee contributions pursuant to California
Government Code Section 20691 to PERS on behalf of employees of the San Luis Obispo Police
Officers' Association and on behalf of appointed officials of the City of San Luis Obispo.
"Employee contributions" shall mean those contributions to PERS, which are deducted from the
salary of employees and credited to individual employees' accounts pursuant to California
Government Code 20691.
SECTION 2. The contributions made by the City of San Luis Obispo to PERS, although
designated as employee contributions, are being paid by the City of San Luis Obispo in lieu of
contributions by employees of the San Luis Obispo Police Officers' Association and appointed
officials of the City of San Luis Obispo.
SECTION 3. Employees will not have the option of choosing to receive the contributed
amounts directly instead of having them paid by the City of San Luis Obispo to PERS.
SECTION 4. The City of San Luis Obispo shall pay to PERS the contributions
designated as employee contributions from the same source of funds as used in paying salary.
Resolution No. 8992 (1999 Series)
Page 2
SECTION 5. The amount of contributions designated as employee contributions and
paid by the City of San Luis Obispo to PERS on behalf of employees of the San Luis Obispo
Police Officers' Association and appointed officials of the City of San Luis Obispo shall be the
entire contribution required of the employee by the Public Employees' Retirement Law
(California Government Code Sections 20000, et seq.).
SECTION 6. The contributions designated as employee contributions made by the City
of San Luis Obispo shall be treated for all purposes, other than taxation, in the same way that
member contributions are treated by PERS.
Upon motion of Vice Mayor Romero, seconded by Council Member Schwartz,
and on the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of December, 1999.
..gay.,. �11�11 �"Ll�
Lee Price, City Clerk
APPROVED AS TO FORM:
/e,a
Jeffrey G. orgensen, City Attorney
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RESOLUTION NO. 8991 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
IMPLEMENTING THE REPORTING OF EMPLOYER PAID MEMBER CONTRIBUTIONS
AS ADDITIONAL COMPENSATION FOR THE SAN LUIS OBISPO CITY EMPLOYEES'
ASSOCIATION AND CONFIDENTIAL EMPLOYEES
WHEREAS, the City of San Luis Obispo has the authority to implement Government
Code Section 20636 (c) (4) pursuant to Section 20691; and
WHEREAS, the City of San Luis Obispo has a written labor policy or agreement which
specifically provides for the inclusion of normal member contributions paid by the employer on
behalf of the members as additional compensation; and
WHEREAS, one of the steps in the procedures to implement this section is the adoption
by the governing body of the City of San Luis Obispo of a resolution giving notice of its
intention to commence reporting the value of employer paid member contributions (EPMC) as
compensation for all members of a group or class; and
WHEREAS, the following is a statement of the proposed changes in reporting
compensation to PERS:
The City of San Luis Obispo elects to pay 7% of employees' compensation earnable
as Employer Paid Member Contributions and report the same percent (value) of
compensation earnable {excluding Government Code Section 20636 (c) (4)) as
additional compensation.
This benefit shall apply to all employees of the San Luis Obispo Employees'
Association and all confidential employees of the City of San Luis Obispo.
The effective date of this resolution shall be January 6, 2000.
BE IT RESOLVED by the Council of the City of San Luis Obispo that Government Code
Section 20636 (c) (4) shall be implemented pursuant to Section 20691 by paying and reporting
the value of Employer Paid Member Contributions for all employees of the San Luis Obispo City
Employees' Association and for confidential employees of the City of San Luis Obispo as
indicated above.
Upon motion of Vice Mayor Romero, seconded by Council Member Ken Schwartz,
and on the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, Mayor Settle
NOES: None
ABSENT: None
R 8991
0 0
Resolution No. 8991 (1999 Series)
Page 2
the foregoing resolution was adopted this 7th day of December, 1999.
!Mayor Allen Settle
ATTEST:
Lee Price, City Clerk
APPROVED AS TO FORM:
�� �,_ i� •
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MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
JANUARY 1, 1999
Through
DECEMBER 31, 2000
� city of
A san tins osIspo
TABLE OF CONTENTS
Article No. Title
Paoe No.
1
Parties to Agreement
2
Recognition
3
Term of Agreement
2
4
Renegotiation
5
................................4
Salary
6
.............................................................
Overtime
7
.........................
Longevity
*1*
........................................................
Standby..............................................................13
1
9
Callback
15
10
Work Out -Of -Class
11
Temporary Assignment
16
12
.........................................18
........................
Bilingual Pay
13
Payday
4
Paychecks Prior To Vacation
20
15
Retirement
16
Insurance and Refund
22
17
Long Term Disability Insurance
18
Holidays
19
........................................................
Sick Leave ""
20
Bereavement Leave
21
...............................................
Family Leave
39
22
Vacation Leave
40
23
.....................................................43
Workers' Compensation Leave
24
Work Schedule
25
...............................................
Vacation Sell Back ""
. 46
26
Americans With Disabilities Act
47
27
Transfer
28
49
Layoffs...............................................................50
29
...........................
Light Duty Assignment
30
Class "A & B" Physicals
5 8
31
........................................
Uniform and Uniform Allowance
59
32
.............................
Safety Program
60
33
....:.
.... ....
Employee Rights
61
34
............................ ......................
Grievance Procedure
62
.............................................
63
35
Representative Role
36
Committee Representation
66
37
Dues Deduction
38
................................................
Copies of Agreement
39
Reopener
70
40
.......................................
Management Rights
41
...............................................................72
Peaceful Performance
42
...............................
Full Agreement
73
43
.........................7
Savings Clause.*
lause
75
44
............................
Authorized Agents
45
................................................
Signatures
77
Appendix A
Attachment "1 "
................................................... 81
S
3
' ARTICLE 1
i
PARTIES TO AGREEMENT
This Agreement is made and entered into this 17th day of November, 1998, by
and between the City of San Luis Obispo, hereinafter referred to as the City, and
the San Luis Obispo City Employees' Association, hereinafter referred to as the
Association.
Nothing in this Agreement between the parties shall invalidate nor be substituted
for any provisions in City Resolution No. 6620 unless so stipulated to by
provision(s) contained herein and agreed to.
1
ARTICLE 2
RECOGNITION
Pursuant to Government Code Section 3500 at seq and City Resolution No. 6620,
the City hereby recognizes the San Luis Obispo City Employees' Association as the
bargaining representative for purposes of representing regular and probationary
employees, occupying the position classifications set forth in Appendix A, in the
General Unit with respect to their compensation, hours and other terms and
conditions of employment for the duration of the Agreement.
2
ARTICLE 3
TERM OF AGREEMENT
This Agreement shall become effective January 1, 1999, except that those
Provisions which have specific implementation dates, shall be implemented on
those dates and shall remain in full force and effect until midnight December 31,
2000.
3
ARTICLE 4
RENEGOTIATION
If the Association desires
to negotiate a
successor Agreement,
then the
Association shall serve upon
the City, during
September of 2000,
its written
request to begin negotiations as well as its written proposals for such changes.
Negotiations shall begin within, but no later than, thirty (30) days from the date of
receipt of the notice and proposals by the City.
13
ARTICLE 5
SALARY
SECTION A Rules Governing Step Changes
The following rules shall govern step increases for employees:
(1) The first step is the minimum rate and shall normally be the hiring rate
for the class. In cases where it is difficult to secure qualified
personnel, or if a person of unusual qualifications is hired, the
Administrative Officer may authorize hiring at any step.
(2) The second step is an incentive adjustment to encourage an employee
to improve his/her work. An employee may be advanced to the
second step following the completion of twelve months satisfactory
service upon recommendation by his/her department head and the
approval of the Personnel Director.
(3) The third step represents the middle value of the salary range and is
the rate at which a fully qualified, experienced and ordinarily
conscientious employee may expect to be paid after a reasonable
period of satisfactory service. An employee may be advanced to the
third step after completion of twelve months service at the second
step, provided the advancement is recommended by the department
head and approved by the Personnel Director.
5
(4) The fourth and fifth steps are to be awarded only if performance is
deemed competent or above as shown on the last performance
evaluation. An employee may be advanced to the fourth step after
completion of one year of service at the third step provided the
advancement is recommended by the department head and approved
by the Personnel Director. An employee may be advanced to the fifth
step after completion of two years service (one year for employees
who were at fifth step in one classification and then promoted to a
lower step in a higher classification) at the fourth step provided the
advancement is recommended and justified in writing by the
department head and approved by the Personnel Director.
(5) The above criteria for step increases apply except where other !
arrangements are authorized by the Administrative Officer.
(6) In applying the above rules, the next step shall be granted, other
conditions having been met, on the first day of the payroll period
within which the anniversary date occurs.
(7) Should the employee's salary not be increased, it shall be the privilege
of the department head and Administrative Officer to reconsider such
increase at any time during the year.
i�
- (8) Each 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 in writing
that the department head intends to reduce him one step unless his job
performance improves to an acceptable level by the end of 60 days.
Prior to the end of 60 days the department head shall again reevaluate
the employee and, as part of that reevaluation, shall notify the
employee if 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/she may make the
change at any time with three business days written notice.
SECTION B "Y" Rating
An employee who is not performing up to established job standards may be "Y"
rated, freezing his salary until such time as there is an improved job performance.
The department head shall give 60 days written notice to any employee he/she
intends to "Y" rate, giving the employee an opportunity to correct any deficiencies.
A "Y" rated employee would not receive neither step increases or salary increases
granted by the City Council in a MOA resolution. The "Y" rating procedure shall
not result (then or later) in the employee being frozen below the next lower step of
7
the new range. For example, if an employee is at step D when "frozen" his/her
salary shall not ever be less then the current step C by this action.
SECTION C Computation of Salary Range
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
Each across-the-board % salary increase shall raise step 5 of range 1 by that %.
Step 5 of each successive salary range will be 2.63% 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
I
accordance with the above formula.
SECTION D Salary Provision for the Term of Agreement
1. The parties agree to a salary increase as set forth below to be effective
on the first day of the first full payroll period in the month listed, for all
employees employed by the City on the effective date of the increases
beginning January 1999.
January 1999 3.5%
January 2000 3.0%
D
ARTICLE 6
OVERTIME
A. DEFINITION
Overtime is defined as all hours ordered by management and worked by the
employee in excess of forty (40) hours worked in a work week.
Holidays and sick leave will be counted as hours worked for purposes of
overtime.
All overtime shall be authorized in writing by the department head prior to
being compensated.
B. COMPENSATION
Overtime shall be compensated in cash at one and one half (1 1/2) times the
employee's regular rate of pay, or in time off (CTO) at the rate of one and
one-half (1 1/2) hours for each hour of overtime worked. All overtime shall
be compensated to the nearest five (5) minutes worked.
C. COMPENSATORY TIME OFF (CTO)
An employee eligible for overtime compensation may elect compensation in
the form of time off (CTO). An employee shall be compensated in CTO only
if the employee's department head approved such compensation. An
employee may not be compensated in CTO for more than sixty (60) hours of
9
overtime worked in the calendar year. Accumulated CTO not taken within
3
the calendar year shall be compensated in cash at straight time.
Such compensation shall be paid in January of the following year.
T
ARTICLE 7
LONGEVITY
A. Employees with hire dates after December 31, 1973. Effective January 1,
1983, no employees will become eligible for longevity pay and employees
then receiving longevity pay shall receive no increases in longevity pay based
on additional service with the City.
B. Employees with hire dates prior to January 1, 1973. Each employee shall be
paid an additional one percent (1 %) of his base salary step following ten
years of continuous full-time service with the City. An additional one percent
(1 %) of base salary will be added for each subsequent five-year period,
calculated to the nearest one dollar ($1.00).
C. In the event an employee receiving longevity pay is not performing up to the
established standards set for the job, the department head with the
concurrence of the City Administrative Officer may suspend payment of the
longevity pay until such time as the employee's work performance comes up
to the standard level, in the opinion of the department head and with the
concurrence of the City Administrative Officer.
D. The department head shall notify the employee in writing that he intends to
suspend the longevity pay unless the employee's job performance improves
significantly within a 60-day period. If the employee's job performance does
11
not
improve to the
desired level by the
end
of 60 days, the pay
reduction
shall
then become
effective. Longevity
pay
may be reinstated at
J
any time
upon recommendation
of the
department head. If the department
head
deems it necessary to
again
remove longevity pay during the same
fiscal
year, he/she may make the change at any time with three business days
written notice.
12
ARTICLE 8
3
STANDBY
A. Standby duty is defined as that circumstance which requires an employee so
assigned to:
Be ready to respond immediately to a call for service;
Be readily available at all hours by telephone or other agreed -upon
communication equipment; and
Refrain from activities which might impair his/her assigned duties upon
call.
B. Employees, other than those assigned to the Water Reclamation Facility, will
receive thirty dollars ($30.00) for each week day, thirty-five dollars ($35.00)
for each weekend day, and thirty-five dollars ($35.00) for each holiday of
such assignment.
C. Operators at the Water Reclamation Facility will receive standby amounts
equivalent to those set forth above prorated for the hours actually spent on
standby duty.
D. For return to work as part of a standby assignment, as defined above, the
City will guarantee either two (2) hours of pay in cash at straight time or pay
at time and one half for time actually worked whichever is greater.
13
E. The parties agree that employees on standby, as defined above, are "waiting
to be engaged."
14
ARTICLE 9
CALLBACK
A. DEFINITION
Callback is defined as that circumstance which requires an employee to
unexpectedly return to work after the employee has left work at the end of
the employee's workshift or workweek;
Except that, an early call -in of up to two (2) hours prior to the scheduled start
or a workshift shall not be considered a callback.
B. COMPENSATION
For an unexpected return to work, as defined in A above, the City will
guarantee either four (4) hours pay in cash at straight time or pay at time and
one-half for time actually worked, whichever is greater.
If an employee who was called back and has completed his/her assignment
and left work is again called back to work, he/she will not receive another
minimum if the return is within the original minimum.
15
IT
A
ARTICLE 10
WORK OUT -OF -CLASSIFICATION
OUT -OF -CLASS ASSIGNMENT
For the purposes of this article, an out -of -class assignment is the full-time
performance of all the significant duties of an available, funded position in
one classification by an individual in a position in another classification. An
employee assigned in writing by management to work out -of -class on a
position that is assigned a higher pay range and is vacant pending an
examination or is vacant due to an extended sick leave, shall receive five
percent (5%), but in no case more than the fifth step of the higher class, in
addition to their regular base rate commencing on the eleventh consecutive
workday on the out -of -class assignment.
Employees assigned as project managers and thereby working out -of -
classification shall receive compensation pursuant to this section.
SEASONAL SUPERVISION
If, in addition to his/her regularly assigned employees, any employee
responsible for five (5) or more temporary workers for a period exceeding 10
16
consecutive work days shall receive additional pay of 5% commencing with
r
the 11 th day.
17
ARTICLE 11
i
TEMPORARY ASSIGNMENT
An appointing authority may temporarily assign an employee to a different position
for a specific period of time, after which the employee returns to his/her regular
duties and position from which he/she was regularly assigned. Such action shall
have the prior approval of the Personnel Director. An appointing authority may
assign an employee to a different position for a period of time not to exceed 90
days, provided the employee has received 24 hours written notice which includes
reasons for the assignment.
3
1
18
ARTICLE 12
i
BILINGUAL PAY
Effective January 1, 1999, employees certified as bilingual in Spanish through a
testing process and certified as being required to regularly use their Spanish
speaking skills shall receive a bilingual payment of thirty-five ($35) dollars per pay
period. Additional languages may be approved by the City based upon
demonstrated need. Regardless of certification and payment, all employees shall
use any language skills they possess to the best of their ability.
19
ARTICLE 13
i
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.
pro,
ARTICLE 14
r
PAYCHECKS PRIOR TO VACATION
If an employee
is taking
vacation leave and
wishes to
receive
his/her regular
paycheck before
payday,
the employee must
notify the
Finance
Department in
writing at least two weeks prior to the start of vacation, provided the employee
has sufficient vacation time coming to cover the pay period.
21
ARTICLE 15
RETIREMENT
A. The City agrees to provide the Public Employees' Retirement System's 2% at
age 60 plan to all eligible employees including the amendments permitting
conversion of unused sick leave to additional retirement credit and the 1959
survivor's benefit; and one year final compensation.
B. The City agrees to contribute seven percent (7%) of an employee's salary on
behalf of the employee to PERS. These amounts paid by the City are
employee contributions and are paid by the City to satisfy the employee's
obligation to contribute seven percent (7%) of salary to PERS. An employee
has no option to receive the contributed amounts directly instead of having
them paid by the City to PERS on behalf of the employee. It is understood -
and agreed to by the parties that the City "pick up" of the employee's PERS
contribution is made in lieu of a wage increase. Therefore, in all comparisons
made with other agencies, seven percent (7%) of salaries will be added to
the total compensation provided by the City to the employees. It is further
understood and agreed to by the parties that payment of the seven percent
(7%) PERS contribution is made subject to I.R.S. approval of reporting
procedures.
22
C. At the election of the Association, during the second year of this agreement,
the City will begin reporting the payment of the employee's retirement
contribution (EPMC) as compensation. Upon implementation of 2% @ 55, as
in "D" below, the City will implement, EPMC at no cost to the employees. If
2% @ 55 is not implemented the cost of EPMC will be shared equally
between the City and the Association.
D. The City will obtain updated actuarial quotations for implementation of the
2% at 55 retirement program for Miscellaneous employees, with a tentative
implementation date of the first full pay period in January, 2000. At the
election of the Association the City will implement the 2% at 55 retirement
program subject to all of the following conditions:
1. The Unit will execute a supplemental memorandum of agreement
(Attachment I - Governing Implementation of the 2% at 55 Retirement
Program).
2. Employees. will pay the entire cost of the 2% at 55 retirement program.
This cost shall be paid by the City reducing its payment of the
employees retirement contribution (EPMC► by a percent exactly equal
to the cost of the 2% at 55 retirement program. The cost of the
program shall be defined
as the incremental
cost of the
2% at 55
retirement program. The
incremental cost
will be that
percentage
23
identified by PERS when supplying the actuarial quotation for 2% at 55
implementation. Concurrent to the employees assuming responsibility
for a portion of payment of the employee retirement share, the City
shall implement an IRS 414h(2) provision allowing for the employee to
make this contribution on a pretax basis.
3. Other affected employee groups and/or associations shall agree to
equivalent provisions for 2% at 55 implementation (or have such
provisions implemented).
24
ARTICLE 16
INSURANCE AND REFUND
A. CONTRIBUTION
The City shall contribute $420.00 per month for Cafeteria Plan benefits for
each regular, full time employee covered by this agreement. Less than full-
time employees shall receive a prorated share of the City's contribution.
B: INSURANCE COVERAGE
1. 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
1 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 City's Cafeteria Plan. The cost
of the City's participation in PERS will not require the City to expend
additional funds toward health insurance beyond what. is already
25
2.
3.
provided for. In summary, this cost and any increases will be borne by
1
the employees.
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 premiums are 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 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.
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
26
dependents in the City's dental and vision plans, they may do so, even
f
if they do not have dependent coverage under the PERS medical plan.
C. LIFE INSURANCE
Employees shall pay for life insurance coverage of Twenty-five Thousand
Dollars ($25,000).
D. MEDICAL PLAN REVIEW COMMITTEE
The Association shall appoint two voting representatives to serve on a
Medical Plan Review Committee. In addition, the Association may appoint
one non -voting representative to provide a wider range of viewpoint for
discussion. The vote of each voting representative shall be weighted
according to the number of employees represented by the association.
1. DUTIES AND OBLIGATIONS OF THE MEDICAL PLAN REVIEW
COMMITTEE
a. Review and suggest changes for the City's flexible benefits plan
and the insurance plans offered under the MOA
b. Submit to the City and its employee associations
recommendations on proposed changes for the City's flexible
benefits plan and the insurance plans offered under the MOA
27
C. Disseminate information and educate employees about the
City's flexible benefits plan and the insurance plans offered
under the MOA;
d. Participate in other related assignments requested by the City
and its employee associations.
2. MISCELLANEOUS
a. The actions of the Medical Plan Review Committee shall not
preclude the Association and the City from meeting and
conferring.
b. No recommendation of the Medical Plan Review Committee on
matters within the scope of bargaining shall take effect before
completion of meet and confer requirements between the City
and Association.
C. If changes to the City's flexible benefits plan, or Cafeteria Plan,
are subject to meet and confer requirements, the City and the
Association agree to meet and confer in good faith.
d. In performing its duties, the Medical Plan Review Committee
may consult independent outside experts. The City shall pay
any fees incurred for this consultation, provided that the City
has approved the consultation and fees in advance.
S
28
E. City agrees to continue its contribution to the Cafeteria Plan for two (2) pay
periods in the event that an employee has exhausted all paid time off due to
an employee's catastrophic illness. That is, the employee shall receive
regular City health payment benefit for the first two pay periods following the
pay period in which the employee's accrued vacation and sick leave balances
reach zero (0).
29
A. COVERAGE
A
A
D.
ARTICLE 17
LONG TERM DISABILITY INSURANCE
All employees shall be covered by Long Term Disability Insurance (LTD).
COST OF LTD
The employee shall pay all costs of the program, which the City shall deduct
from employees' paychecks.
ACCUMULATION OF BENEFITS
Time -in-service and other City benefits will only accrue when an employee is
on City -paid time.
COORDINATION OF BENEFITS
1. LTD payments shall be coordinated with accumulated paid time so that
take home pay will not exceed regular take home pay. Paid time is
defined as vacation, sick leave, CTO, and holiday.
2. The coordination of payments will be administered by the City. The
employee must take his/her uncashed LTD benefit check to Finance.
a. Determination of the use of paid time for coordination of
benefits, shall be made by the City. Employees on disability
leave shall be required to use all accumulated paid time prior to
using unpaid time.
30
b. Employees who receive LTD benefits shall receive credit for a
Portion of the paid leave used to cover their absence. To
determine the credit, the amount of their LTD benefit shall be
divided by their base hourly rate multiplied by 1.4. The credit
shall be prorated if the employee has any non -paid time during
the pay period. To receive the credit, the employee
must sign his/her LTD benefit check over to the City.
EXAMPLE: Employee uses 80 hours of sick leave.
Employee receives $384 from LTD.
Employee's hourly rate is $9.67.
1.4 x $9.67 = $13.54
$384 / $13.54 = 28.36 hours.
The employee receives a credit of 28.36 hours.
E. ACCRUAL OF BENEFITS WHILE ON LTD LEAVE
1. If an employee has no paid time at the beginning of a pay period, the
employee shall neither accrue vacation or sick leave, nor shall the
employee receive his/her regular City health payment benefit except as
provided in #3 below. To continue health insurance, the employee
must pay the entire cost of his/her health coverage for that pay period.
31
2. If an employee has at least sixteen hours of paid time at the beginning
of a pay period, the employee shall receive his/her regular vacation and
sick leave accruals.
3. If an employee has any paid time at the beginning of a pay period, the
employee shall receive his/her regular City health payment benefit for
that pay period. For continuance of medical insurance see Insurance
and Refund, Article 16, Section E.
F. WITHDRAWAL FROM LTD
If this unit chooses to withdraw from LTD after the required two (2) years
membership, it must present a majority petition indicating such desire.
32
ARTICLE 18
HOLIDAYS
The following days of each year are designated as paid holidays:
January 1 - New Year's Day
Third Monday in January - Martin Luther King's Birthday
Third Monday in February - Presidents' Day
Last Monday in May - Memorial Day
July 4 - Independence Day
First Monday in September - Labor Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
y Friday after Thanksgiving
December 25 - Christmas
One-half day before Christmas
One-half day before New Year's Day
Two Floating Holidays
When a holiday falls on a Saturday, the preceding Friday shall be observed. When
a holiday falls on a Sunday, the following Monday shall be observed. A holiday
shall be defined as eight (8) hours of paid time off for regular full-time employees.
Z
33
Floating holiday accrual: An individual employed on a floating holiday (FH) accrual
i
date shall be credited with eight (8) hours of additional vacation. Use, carry-over,
accumulation, etc. of such vacation shall be subject to the same rules and
procedures that cover all accrued vacation.
The two floating holidays will be accrued January 1 and July 1.
M.
ARTICLE 19
SICK LEAVE
A. Sick leave shall be defined as absence from duty because of illness or
off -the -job injury, or exposure to contagious diseases as evidenced by
certification from an accepted medical authority.
B. Rules governing sick leave:
1. Each incumbent of a line -item position shall accrue sick leave with pay
at the rate of twelve (12) days or the prorated shift equivalent per year
of continuous service.
2. Sick leave may be used after the completion of the month of service in
which it was earned.
3. Sick leave shall begin with the first day of illness.
4. Department heads shall be responsible to the City Administrative
Officer for the uses of sick leave in their departments.
5. A department head shall require written proof of illness from an
authorized medical authority at the employee's expense for sick leave
use in excess of five (5) consecutive working days by personnel in
his/her department. Such proof may be required for periods less than
five (5) consecutive working days where there exists an indication of
sick leave abuse.
35
21
7.
RI
Any employee who is absent because of sickness or other physical
i
disability shall notify his/her immediate supervisor or department head
as soon as possible but in any event during the first day of absence.
Any employee who fails to comply with this provision, without having
a valid reason, will be placed on leave of absence without pay during
the unexcused absence and be subject to disciplinary action.
Any employee absent for an extended illness or other physical
disability may be required by the Personnel Director to have an
examination by the City's medical examiner, at City expense, prior to
reinstatement to the City service.
An appointing authority, subject to approval of the Personnel Director,
may require any employee to be medically examined where reasonable
cause exists to believe that an employee has a medical condition which
impairs his/her job effectiveness or may endanger the health, safety or
welfare of the employee, other employees, or the public. Employees
who are judged to be physically incapable of meeting normal
requirements of their positions may be placed in a classification of
work for which they are suitable when a vacancy exists, or may be
separated for physical disability.
36
9. In the event that an employee's sick leave benefits become exhausted
I due to illness or exposure to contagious disease, the employee shall
revert to a status of leave of absence without pay and be subject to
the provisions of the Personnel Rules unless eligible to participate in
the City's Catastrophic Leave Policy. For continuation of medical
insurance see Insurance and Refund, Article 17, Section E.
10. The right to benefits under the sick leave plan shall continue only
during the period that the employee is employed by the City. This plan
shall not give any employee the right to be retained in the services of
the City nor any right of claim to sickness disability benefits after
separation from the services of the City. When an employee receives
compensation under the Worker's Compensation Act of California,
such compensation received shall be considered part of the salary to
be paid to the employee eligible for such payments as required by state
law. The amount paid by the City shall be the difference between the
amount received by the employee from the City's compensation
insurance coverage and the eligible employee's regular rate of pay.
11 • Notwithstanding anything contained in this section, no employee shall
be entitled to receive any payment or other compensation from the
City while absent from duty by reason of injuries or disability received
37
12.
13
as a result of engaging in employment other than employment by the
City for monetary gain or other compensation other than business or
activity connected with his/her City employment.
Accumulation of sick leave days shall be unlimited.
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%
}
38
ARTICLE 20
BEREAVEMENT LEAVE
At each employee's option, sick leave may be used to be absent from duty due to
the death of a member of the employee's immediate family, meaning spouse,
child, brother, .sister, parent, parent -in-law, step-parent, step -brother, step -sister,
grandparent, or any other relative living in the same household, provided such
leave as defined in this section shall not exceed five (5) working days (40 hours)
for each incident. The employee may be required to submit proof of relative's
death before being granted sick leave pay. False information concerning the death
or relationship shall be cause for discharge.
39
ARTICLE 21
t
FAMILY LEAVE
A. An employee may take up to two (2) days (16 hours) of sick leave per year if
required to be away from the job to personally care for a member of his/her
immediate family.
B. An employee may take up to five (5) days (40 hours) of sick leave per year if
the family member is part of the employee's household.
C. An employee may take up to seven (7) days (56 hours) of sick leave per year
if the family member is part of the employee's household and is hospitalized.
The employee shall submit written verification of such hospitalization.
D. For purposes of this article, immediate family is defined as spouse, child,
brother, sister, parent, parent -in-law, step-parent, step -brother, step -sister,
grandparent, or any other relative living in the same household.
E. The amounts shown in A, B, and C above are annual maximums, not
maximums per qualifying family member.
F. In conjunction with existing leave benefits, employees with one year of City
service who have worked at least 1280 hours in the last year, may be eligible
for up to 12 weeks of Family/Medical Leave within any 12 month period.
Family/Medical Leave can be used for:
40
- 1 • A new child through birth, adoption or foster care (maternal or
i
paternal leave).
2. A seriously ill child, spouse or parent who requires
hospitalization or continuing treatment by a physician.
3. Placement of an employee's child for adoption or foster care.
4. A serious health condition which makes the employee unable to
perform the functions of his or her position.
This leave shall be in addition to leave available to employees under the
existing four month Pregnancy -Disability Leave provided by California law.
Paid leave, if used for family leave purposes or personnel illness, will be
subtracted from the 12 weeks allowed by the Family/Medical Leave Program.
Employees must use all available vacation, compensatory time and
administrative leave and, if appropriate, sick leave prior to receiving unpaid
Family/Medical Leave.
Employees on Family/Medical Leave will continue to receive the City's
contribution toward the cost of health insurance premiums. However,
employees who receive cash back under the City's Flexible Benefit Plan will
not receive that cash during the Family/Medical Leave. Only City group
health insurance premiums will be paid by the City.
41
I
If an employee does not return to work following Family/Medical leave, the
City may collect from the employee the amount paid for health insurance by
the City during the leave. There are two exceptions to this rule:
7. The continuation of a serious health condition of the employee
or a covered family member prevents the return.
2. Circumstances beyond the employee's control.
Further details on Family/Medical Leaves, are available through the City's
"Guide to Family/Leave Program."
42
ARTICLE 22
VACATION LEAVE
A. Each incumbent of a 40 hour a week line -item position shall accrue vacation
leave with pay at the rate of 12 days (96 hours) per year of continuous
service since the benefit date for the first five years, 15 days 0 20 hours) per
year upon completion of five years, 18 days (144 hours) per year upon
completion of ten years, and 20 days (160 hours) upon completion of twenty
years.
B. An incumbent is not eligible to use accrued vacation leave until it has been
accrued, and approved as provided below.
C. A regular employee who leaves the City service shall receive payment for any
1 unused vacation leave.
D. It is the employee's responsibility to request and use vacation leave in a
manner that neither jeopardizes their vacation balance nor the efficiency of
the work unit. Vacation schedules must be reviewed by management prior to
the scheduled vacation. Vacation schedules will be based upon the needs of
the City and then, insofar as possible, upon the wishes of the employee.
Management may not deny an employee's vacation request if such denial will
result in the loss of vacation accrual by the employee, except that,
management may approve a two -month extension of maximum vacation
43
accrual. In no event shall more than one such extension be granted in any
calendar year.
E. Any employee who is on approved vacation leave and becomes eligible for
sick leave, as defined in Section 2.36.420 of the Municipal Code, may have
such time credited as sick leave under the following conditions:
1. A physician's statement certifying that illness, injury or exposure
to contagious disease has occurred is presented to the
supervisor upon returning to work.
2. The vacation leave immediately ends and the employee reports
to work following the end of sick leave usage. (Ordinance No.
782 - 1978 Series)
F. Vacation leave shall.be accrued as earned through December 31, up to a
maximum of twice the annual rate.
44
"- ARTICLE 23
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/her base
salary and the amount provided by workers' compensation during the first 90
business days of such temporary disability absence. Eligibility for workers'
compensation leave requires an open workers' compensation claim.
For continuation of medical insurance see Insurance and Refund, Article 16,
Section E.
45
ARTICLE 24
}
WORK SCHEDULE
This article is intended to define the normal hours of work and shall not be
construed as a guarantee of hours of work per day, nor hours of work per week,
nor of days of work per week.
Employees shall be scheduled to work on regular workshifts having regular starting
and quitting times. Except for emergencies, employees' workshifts shall not be
changed without reasonable prior written notice to the employee and the Personnel
Director. Neither callback nor overtime constitute a change in workshift. All
references to accrual of vacation, holiday or sick leave in the Agreement shall be
interpreted as one (1) day being equivalent to eight (8) hours.
l
46
ARTICLE 25
VACATION SELL BACK
All employees in this unit are eligible, once annually in December, to request
payment for up to forty (40) hours of unused vacation leave provided that an
employee's overall performance and attendance practices are satisfactory.
Employees must have eighty (80) hours of accrued vacation leave to be eligible.
Upon request, vacation sellback payments shall be made by separate check.
47
ARTICLE 26
AMERICANS WITH DISABILITIES ACT
The City and Association acknowledge the passage of the Americans with
Disabilities Act. It
is agreed
that
the
City
shall
take all necessary actions to
comply with the
provisions
of
this
Act.
If
necessary, sections of this
Memorandum of Agreement and/or the City Personnel Rules may be suspended in
order to achieve compliance.
48
ARTICLE 27
TRANSFER
A. TRANSFER REQUEST
Employees who want to transfer may notify the City by filing a form with the
Personnel Department. Such form shall be developed and made available by
the Personnel Department.
B. TRANSFER PROCESS
Upon proper notice and concurrence by the City Administrative Officer, an
employee may be transferred by the appointing authority from one position to
another in the same pay range provided he/she possesses the minimum
qualifications as determined by the Personnel Director.
i
If the transfer involves a change from one department to another, both department
heads must consent thereto unless the City Administrative Officer orders the
transfer for purposes of economy and efficiency.
The employee shall be given five (5) business days' written notice of the transfer
including the reason for the change.
EP
ARTICLE 28
LAYOFFS
LAYOFF PROCEDURE
In accordance with Personnel Rule 2.36.280, the City Council of San Luis Obispo
shall determine when and in what position or classifications layoffs are to occur.
The Personnel Director shall be responsible for the implementation of a layoff order
of the City Council in accordance with the procedures outlined below:
A. After determining which job classification within a department shall be
laid off, the order of layoffs shall be as follows:
1. Temporary and contract employees, in the order to be
determined by the appointing authority;
2. Probationary employees (promotional probation excluded), in the
order to be determined by the appointing authority;
For regular employees, 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:
50
- Category 1:
I
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 2:
Performance that is competent, superior, meets expectations,
meets performance standards, exceeds performance standards
and 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 or three performance categories of the performance
appraisal.
A regular employee being laid off shall be that employee with the
least seniority in the particular job classification concerned and in
the department involved who is in the lowest job performance
category. Employees in Category 1 with the lowest seniority
will be laid off first, followed by employees in Category 2.
51
N
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
deterining order of layoffs.
a. In the event two or more employees in the same job
classification are in the same job performance category,
the employee with the least amount of service with the
City shall be laid off first.
b. Transfer to another department in lieu of layoff is
authorized upon approval of the department needs, if
there is a vacancy and the employee meets the minimum -
job requirements.
C. Regular part time employees shall receive prorated
seniority credit.
Laid Off Employees on Reemployment List.
The names of employees who have been laid off shall be placed on the
appropriate Reemployment List for one year. The recall of employees
will be in reverse order of layoff, depending upon City requirements.
52
Reemployment lists shall be used for filling those classes requiring
substantially the same minimum qualifications, duties and
responsibilities of the class from which the layoff was made.
C. Appointment of Laid -Off Employees to Vacant Class.
An appointing authority may, with the approval of the department
head and the Personnel Director and in agreement with the employee,
appoint an employee who is to be laid off to a vacancy in a vacant
class for which he or she is qualified.
D. Employee reassignments (bumping procedure):
1. Employees who have been promoted during their service with
the City may bump back one classification in their career series,
or to a position within a classification they formerly held, if
there is an employee in the lower previously held classification
with less seniority than the employee who wants to bump.
Seniority for the purpose of this section shall mean time in the
position in the lower classification plus time in other
classifications. For example, (1) an employee attempting to
bump to Accounting Assistant II from Accounting Assistant III
would utilize their combined time as a II and III in determining
whether or not they had more seniority than an individual in the
53
II classification. (2) An employee attempting to bump to a
Parks Worker II from a Street Painter position would utilize their
combined time in each respective position to determine seniority.
2. Reassignment rights may be exercised only once in connection
with any one layoff, and shall be exercised within seven (7)
calendar days from the date of the notice of the layoff, by
written notice from the employee.
3. The bumping right shall be considered exercised by the
displacement of another employee with lesser total service or by
the acceptance of a vacant position in the class with the same
or lower salary.
4. Full time and part time regular employees shall have bumping _
rights for either full time regular or part time regular positions.
5. Notwithstanding the foregoing, if the City Administrative Officer
determines that the public interest will not be served by
application of the above criteria, the City Administrative Officer
may depart therefrom on the basis of a clearly demonstrable
superiority in performance and/or qualifications.
6. Employees on layoff shall be offered reemployment in the
inverse order of layoff, provided no intervening factors have
54
— occurred which essentially change the ability of the employee to
J
perform the offered employment.
E. Employment programs with special requirements will be administered in
accordance with appropriate Federal or State guidelines and directives.
F. The City will notify recognized employee organizations of the effective
date of any reduction in force concurrent with the notice to the
affected employee(s) pursuant to G, below.
G. Notice of Layoff to Employees.
An employee to be laid -off shall be notified in writing of the impending
action at least thirty (30) calendar days in advance of the effective
date of the lay-off. The notice shall include the following information:
1. Reason for lay-off.
2. Effective date of layoff.
3. Employee rights as provided in these rules.
H. Removal of Names From Reemployment Lists.
The Personnel Director may remove an employee's name from a
reinstatement list if any of the following occur:
1. The individual indicates that he/she will be unable to return to
employment with the City during the life of the list; or
55
2. The individual
cannot
be reached after reasonable efforts
have
been made to
do so.
The City shall utilize certified mail
when
contacting individuals; or
3. The individual refuses two reemployment offers. Individuals
shall have ten (10) days to respond to the offer of reemployment
and an additional fourteen (14) days to return to work.
K. Employee Rights And Responsibilities.
In addition to rights identified herein, employees affected by these
procedures shall also have the following rights:
1. Through prior arrangement with his/her immediate supervisor an
employee who has been notified of his/her impending layoff shall
be granted reasonable time off without loss of pay to participate
in a prescheduled interview or test for other employment.
2. An employee who has been laid off shall be paid in full for
his/her unused accrued vacation leave on the effective date of
the layoff.
3. When an individual is reemployed he/she shall be entitled to:
a. Retain his/her seniority date.
b. Accrue vacation leave at the same rate at which it was
accrued at the time of the layoff.
A�
c. Have any unused sick leave reinstated.
An individual reemployed into the job classification from .which he/she was
laid off shall be assigned to the same salary range and step he/she held at
the time of the layoff. An individual reemployed into a job classification
other than the classification from which he/she was laid off shall be
assigned to the salary range of the new classification at the amount
closest to the salary he/she earned at the time of the layoff. An individual
reemployed into the classification from which he/she was laid off while
still a probationary employee shall complete, upon return to the job, the
remaining portion of his/her probationary period, if any, in effect at the
time of the layoff. Similarly, an individual who is reemployed shall
complete upon return to the job the same work time he/she would have
had to work at the time of the layoff to attain a higher vacation leave
accrual rate or to become eligible for a salary step increase, if such
changes are. possible.
57
ARTICLE 29
LIGHT DUTY ASSIGNMENT
If an employee's medical condition temporarily precludes the performance of
his/her normal duties and management determines modified work is available and
necessary to be performed, he or she may, with medical authorization, be
temporarily assigned to such work for a period not to exceed six months. No
change in base pay will result unless the duties to be performed are substantially
greater or lesser than those normally performed by the employee and the
employee's current pay rate is not within the pay range for the temporarily
assigned work. In no event shall and employee's current pay rate be reduced more
than four (4) ranges at the same step.
58
ARTICLE 30
CLASS "A & B" PHYSICALS
The city will pay for costs for physical exams not covered by city insurance
policies required for those employees required by the City to hold valid Class "A or
B" California drivers licenses.
59
ARTICLE 31
UNIFORM AND UNIFORM ALLOWANCE
A. The Administrative Secretary, Secretary and Records Clerks in the Police
Department shall receive a one hundred and twenty-five dollar ($125.00)
uniform allowance quarterly.
B. This allowance shall not be paid for any employee who is off duty for more
than three pay periods. If the employee returns to work during that quarter,
his/her uniform allowance will be prorated.
C. All other employees required to wear City uniforms shall be provided clean
uniforms. A uniform includes either one shirt and pants combination or one
pair of coveralls.
D. Uniforms and work shoes shall only be used on City business
j
E. Employees required to wear City uniforms shall only be permitted to wear
other clothing for medical reasons upon submission of a letter from the city
doctor certifying that the city uniform is injurious to their health. Decisions
regarding this paragraph shall be made by the Personnel Director on a
case -by -case basis.
60
ARTICLE 32
SAFETY PROGRAM
The City shall continue a compensation program for safety representatives on the
basis that each designated safety member shall be compensated at the rate of
$10.00 per month. The description of the duties of a safety committee member
shall be designed by the Personnel Director or his/her designee. The intent of the
safety representatives is to assist the Personnel Director and the overall safety
program in reducing accidents by reporting hazardous conditions.
61
ARTICLE 33
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.
62
" ARTICLE 34
GRIEVANCE PROCEDURE
A grievance is defined as an alleged violation, misinterpretation or misapplication of
the employer -employee resolution, the Personnel Rules and Regulations, any
Memorandum of Agreement, excluding disciplinary matters, or any existing written
policy or procedure relating to wages, hours or other terms and conditions of
employment excluding disciplinary matters.
Each grievance shall be handled in the following manner:
A. The employee who is dissatisfied with the response of the immediate
supervisor shall discuss the grievance with the supervisor's immediate
superior. The employee shall have the right to choose a representative
to accompany him/her at each step of the process. If the matter can
be resolved at that level to the satisfaction of the employee, the
grievance shall be considered terminated.
B. If still dissatisfied, the employee may submit the grievance in writing to
the department head for consideration, stating the facts on which it
was based, including the provision of the rules, regulations, or
agreement said to be violated, and the proposed remedy. This action
must take place within fifteen (15) business days of the response of
63
the supervisor's immediate superior but in no event later than thirty
(30) calendar days after the occurrence of the event giving rise to the
grievance. The department head shall promptly consider the grievance
and render a decision in writing within fifteen (15) business days of
receiving the written grievance. If the employee accepts the
department head's decision, the grievance shall be considered
terminated.
C. If the employee is dissatisfied with the department head's decision, the
employee may immediately submit the grievance in writing to the
Personnel Director within seven (7) business days of receiving the
department heads's decision. The Personnel Director shall confer with
the employee and the department head and any other interested
parties, and shall conduct such other investigations as may be
advisable.
D. The results of findings of such conferences and investigations shall be
submitted to the City Administrative Officer in writing within fifteen
(15) business days of receiving the employee's written request. The
City Administrative Officer will meet with the employee if the
employee so desires before rendering a decision with respect to the
complaint. The City Administrative Officer's decision and reason if
91
denied shall be in writing and given to the employee within twenty
(20) business days of receiving the Personnel Director's results and
findings. Such decision shall be final unless employee desires the
Personnel Board to review the decision. If such is the case, the
employee will have ten (10) business days following receipt of the City
Administrative Officer's decision to submit a written request to the
Personnel Board through the Personnel Director for a review of the
decision. The Personnel Board within thirty (30) business days shall
review the record and either (1) issue an advisory opinion to the City
Administrative Officer; or (2) conduct a hearing on the matter. If a
hearing is held, an advisory opinion shall be rendered by the Board
within ten (10) business days of the close of such hearing. If an
opinion signed by at least three (3) members of the Personnel Board
recommends overruling or modifying the City Administrative Officer's
decision, the City Administrative Officer shall comply or appeal this
recommendation to the City Council. Such appeal shall be filed with
the City Clerk within three (3) business days of the Board's action. If
appealed, the City Council shall review the case on the record and
render a final decision within thirty (30) business days of submittal.
65
ARTICLE 35
REPRESENTATIVE ROLE
Members of any recognized employee organization may, by a reasonable method,
select not more than three employee members of such organization, one employee
observer, and the Association President 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 meeting. Provided further:
(1) That no employee representative shall leave his or her duty or work
station or assignment without specific approval of the department
head or other authorized City management official. If employee
representatives cannot be released, date of meeting will be
rescheduled in accordance with item 2 below.
(2) That any such meeting is subject to scheduling by City management
consistent with operating needs and work schedules. Nothing
66
Provided herein, however, shall limit or restrict City management from
i
scheduling such meetings before or after regular duty or work hours.
67
A.
Q
ARTICLE 36
COMMITTEE REPRESENTATION
If the Director of Personnel establishes a committee to study possible
changes which will affect significant numbers of employees in the unit in
subjects within the scope of representation, and if the Personnel Director
includes unit members on the committee, such committee members shall be
designated by the Personnel Director after consultation with the Association.
This unit shall have the same number of committee members as each other
unit has.
Two representatives of the bargaining unit designated by the Association and
two representatives of management designated by the City shall meet on an
as -needed basis to discuss issues of concern to the parties.
M.-
ARTICLE 37
1
DUES DEDUCTION
The City shall deduct dues from City employees and remit said dues to the
Association on a bi-weekly basis for the duration of this Agreement. These dues
shall not include assessments. Bi-weekly dues deduction additions and/or
deletions shall be recorded by the City's Finance Director and a notification of all
dues transactions shall be sent bi-weekly to the Association Treasurer.
The Association shall hold the City harmless from any and all claims, and will
indemnify it against any unusual costs in implementing these provisions. The
Association shall refund to the City any amount paid to it in error upon
presentation of supporting evidence.
69
ARTICLE 38
COPIES OF AGREEMENT
Parties agree City shall provide thirty (30) copies of the Agreement to the
Association. Association shall pay 1 /2 City's actual cost. Parties shall consult
concerning size and format of printed agreement and concerning who does the
printing of the agreement.
70
ARTICLE 39
QCl1DCAICQ
Upon request of the City, the Association agrees to reopen negotiations on
possible implementation of a Sick Leave Incentive Program(s).
71
ARTICLE 40
i
MANAGEMENT RIGHTS
The rights of the City include, but are not limited 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 promotion; 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 governmental operations; determine the methods, means
and personnel by which government operations are to be conducted; determine the
content of job classifications; take all necessary actions to carry out its mission in
emergencies; and exercise complete control and discretion over its organization
and the technology of performing its work.
72
ARTICLE 41
t
PEACEFUL PERFORMANCE
If an employee participates in a strike or a concerted work stoppage, the City may
apply discipline up to and including discharge. However, nothing herein shall be so
construed as to affect the right of any employee to abandon or to resign his
employment.
A. Employee organizations shall not hinder, delay, or interfere, coerce
employees of the City to hinder, delay, or interfere with the peaceful
performance of City services by strike, concerted work stoppage,
cessation of work, slow -down, sit-down, stay -away, or unlawful
picketing.
j B. In the event that there occurs any strike, concerted work stoppage, or
any other form of interference with or limitation of the peaceful
performance of City services prohibited by this article, the City, in
addition to any other lawful remedies of disciplinary actions, may by
action of the Municipal Employee Relations Officer cancel any or all
payroll deductions, prohibit the use of bulletin boards, prohibit the use
of City facilities, and withdraw recognition of the employee
organization or organizations participating in such actions.
73
C. Employees shall not be
locked out or prevented
by management 1
officials from performing
their assigned
duties when
such employees
are willing and able to perform such duties in the customary manner
and at a reasonable level of efficiency, provided there is work to
perform.
Any decision made under the provisions of the Article may be appealed to the City
Council by filing a written Notice of Appeal with the City Clerk, accompanied by a
complete statement setting forth all of the facts upon which the appeal is based.
Such Notice of Appeal must be filed within ten (10) working days after the
affected employee organization first received notice of the decision upon which the
complaint is based, or it will be considered closed and not subject to any other
appeal.
74
ARTICLE 42
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on
all negotiable issues between the City and the Association. The Agreement
supersedes all previous Memoranda of Understanding or Memoranda of Agreement
between the City and the Association except as specifically referred to in this
Agreement. 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, subject or matter arises during the term of this
Agreement and an action is proposed by the City, the Association shall be afforded
notice and shall have the right to meet and confer upon request.
75
ARTICLE 43
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.
ARTICLE 44
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of this Agreement:
A. The Association's principal authorized agent shall be the President
(address: 990 Palm Street, San Luis Obispo, California 93401: (805)
781-7217).
B. Management's principal authorized agent shall be the Personnel
Director or his/her duly authorized representative (address: 990 Palm
Street, San Luis Obispo, CA 93401-3249; telephone: (805)
781-7250).
77
ARTICLE 45
SIGNATURES
Classifications covered by this Agreement and included within this unit are shown
in Appendix "A".
This Agreement becomes effective January 1, 1999 as witnessed hereto by the
following parties:
CITY OF SAN LUIS OBISPO
William Avery, City Consultant
Ann Slate, Personnel Director
Other City Negotiating Team Members:
Karen Jenny
SAN LUIS OBISPO
CITY EMPLOYEES' ASSOCIATION
Paul Bechely, SLOCEA Consultant
im Girvin, President
Other SLOCEA Negotiatino Team Members
Diane Stuart
Ron Faria
Mike Bertaccini
APPENDIX A
CLASSIFICATIONS
The classifications listed below are those classifications represented by the
Association and are presented alphabetically which does not illustrate job families
nor functional groupings as shown in previous MOA's.
. Accounting Assistant II
. Accounting Assistant III
Administrative Assistant
Administrative Secretary
Assistant City Clerk
. Assistant Planner
. Associate Planner
Building Inspector
Building Maintenance Technician
Building Permit Coordinator
Civil Engineer
Computer Systems Technician I
Council Secretary
Engineering Assistant
Engineering Technician
Engineering/Transportation Technician
Field Engineering Assistant
Fire Inspector
Fire Plan Check Inspector
Heavy Equipment Operator I
Heavy Equipment Operator II
Heavy Equipment Mechanic
Industrial Waste Inspector
. Janitor I
. Janitor II
Lead Parking Attendant
. Maintenance Worker I
. Maintenance Worker II - Buildings
. Maintenance Worker II - Parks
Maintenance Worker II - Streets
Maintenance Worker II - Water Reclamation
Maintenance Worker III - Streets
79
Office Assistant I
Office Assistant II
Parking Enforcement Officer
Parking Meter Repair Worker
Parks Maintenance Technician
Police Records Clerk I
Police Records Clerk II
Pool Maintenance Technician
Public Works Inspector
Radio Systems Technician
Recreation Coordinator I
Recreation Coordinator If
Secretary I
Secretary II
Signal Maintenance Electrician
Senior Administrative Secretary
Street painter
Telemetry & Instrument Technician
Traffic Engineer
. Tree Trimmer I
• Tree Trimmer II
Utilities Conservation Technician
. Utility Worker II
Utility Worker III
Water Reclamation Lab Analyst I
. Water Reclamation Facility Operator Trainee
. Water Reclamation Facility Operator I
. Water Reclamation Facility Operator II
Water Reclamation Facility Operator III
Water Reclamation Maintenance Technician I
Water Reclamation Maintenance Technician II
Water Service Worker II
Water Service Worker III
Water Supply Operator II
Water Supply Operator III
Water Treatment Plant Operator Trainee
Water Treatment Plant Operator I
Water Treatment Plant Operator II
Water Treatment Plant Operator III
Water Treatment Plant Operator III - Supervising
ATTACHMENT 1
SUPPLEMENTAL MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO CITY
EMPLOYEES' ASSOCIATION
INTRODUCTION
This supplement is the Memorandum of Agreement entered into between the
City of San Luis Obispo and The San Luis Obispo City Employees' Association
commencing January 1, 1999 and any successor memoranda during the term of
this Supplemental Agreement.
SECTION 1: PURPOSE
The purpose of this supplemental Memorandum of Agreement is to implement, at
the election of the Association, the 2% at 55 retirement program as set forth in
Article 15.
SECTION 2: TERM
1 This supplemental Memorandum of Agreement shall be for eight (8) years
commencing with implementation of the 2% at 55 retirement program.
SECTION 3: RETIREMENT IMPLEMENTATION
Upon meeting of the criteria set forth within Article 15 of the Memorandum of
Agreement between the City and Association referenced above, the City shall
implement the 2% at 55 retirement program and the employee shall pay for the
2% at 55 retirement program as follows:
"Employees will pay the entire cost of the 2% at 55 retirement
program. This cost shall be paid by the City reducing its payment
at the employees retirement contribution (EPMC) by a percent
exactly equal to the cost of the 2% at 55 retirement program.
The cost of the program shall be defined as the incremental cost
of the 2% at 55 retirement program. Incremental cost will be
that percentage identified by PERS when supplying the actuarial
quotation for 2% at 55 implementation. Concurrent to the
_ 81
employees assuming responsibility for a portion of payment of the
employee retirement share, the City shall implement an IRS
414h(2) provision allowing for the employee to make this
contribution on a pretax basis."
SECTION 4: INTENT
The intent of this supplemental Memorandum of Agreement is to ensure that the
parties' intent be memorialized for an extended period of time. The City's
willingness to implement the 2% at 55 retirement program has been conditioned
upon the employees' stated willingness to pay for it. While this supplemental
agreement runs for eight (8) years, the intent of the parties continues past its
expiration.
SECTION 5: MEMORANDA OF AGREEMENT
Except as modified by this supplemental Memoranda of Agreement the
Memoranda of Agreement between the City and Association commencing July 1,
1999 and all successor Memoranda will remain unchanged.
m
RESOLUTION NO. 8990 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO OF INTENTION TO ABANDON A PORTION OF EXCESS
PUBLIC RIGHT -OF -WAY ADJACENT TO 370 HILL STREET
(359 HILL STREET; ABAN 153 -99)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on October 27, 1999, for the purpose of making a General Plan determination and
formulating a recommendation to the City Council on a request to abandon a portion of the Hill
Street right -of -way bordering the westerly lot line of 370 Hill Street; and
WHEREAS, the City Planning Commission found that the proposed right -of -way
abandonment was consistent with the City's General Plan, and recommended that the City
Council approve the abandonment, based on findings, and subject to conditions included in
Planning Commission Resolution No. 5270 -99 and incorporated into this resolution below.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Action - Intention to Abandon. It is the intention of the City of San Luis
Obispo to abandon a portion of public right -of -way as shown on the map marked Exhibit "A ",
attached hereto and incorporated herein by reference, pursuant to Section 8300 et.seq. of the
State of California Streets and Highways Code, and that the abandonment shall be based on the
following findings, and subject to the following conditions:
Findings:
1. The proposed street abandonment is consistent with the Circulation Element of the general plan
because this segment of Hill Street is not identified in the element as being necessary for
neighborhood circulation.
2. The portion of right -of -way to be abandoned is not needed for present or future street purposes.
3. The proposed street abandonment is categorically exempt from environmental review under
Section 15301 of the California Environmental Quality Act.
Conditions:
1. If the .Council determines that all or a portion of any "excess" right of way should be
abandoned, appropriate easements will be reserved for access to the drainage facilities, public
water & sewer, public & private utilities. Specific details will be determined during the
abandonment process. No physical development would be allowed within the easements,
unless specifically approved by the City, on a case by case basis.
City Council Resolution No� 8990 (1999 Series)
Page 2
2. A lot line adjustment map shall be processed concurrently with the proposed abandonment to
insure that legal access to the undeveloped lot at 359 Hill Street is maintained.
SECTION 2. Copies of the map showing the particulars of the proposed abandonment is
on file in the office of the City Clerk, at 990 Palm Street.
SECTION 3. Tuesday, January 18, 2000, at 7:00 p.m. in the Council Chamber of the
City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all
persons interested in or objecting to the proposed abandonment, which time is more than fifteen
(15) days from the passage of this resolution.
SECTION 4. This resolution, together with the ayes and noes, shall be published once in
full at least ten (10) days before the public hearing on the proposed street right -of -way
abandonment, in the Telegram- Tribune, a newspaper published and circulated in this city.
SECTION 5. The City Engineer shall post at least three (3) notices of the proposed
abandonment in prominent locations near the portion of the street right -of -way to be abandoned
at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of
the Streets and Highways Code.
SECTION 6. The City Engineer shall notify utility companies affected by the proposed
abandonment within ten (10) days after adoption of the Resolution of Intention in accordance
with Section 8347 of the Streets and Highways code.
On motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the
following roll call vote:
AYES: Council Member Ewan, Marx, Schwartz, Vice Mayor Romero, Mayor Settle
NOES: None
ABSENT: None
the foregoing resolution was passed and adopted this 7t" day of December- 1999.
ATTES
Lee Price, City Clerk
C) 10
City Council Resolution No. 8990 (1999 Series)
Page 3
APPROVED AS TO FORM:
Attachment:
Exhibit "A" - Street right -o&way Abandonment Map
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RESOLUTION NO. 8989 (1999 Series)
A RESOLUTION OF THE COUNCIL OF CITY OF SAN LUIS OBISPO
OF INTENTION TO ABANDON A PORTION OF THE PUBLIC RIGHT -
OF -WAY AT THE SOUTHWEST CORNER OF DANA AND NIPOMO
STREETS, ADJACENT TO 1015 NIPOMO STREET (ABAN 147 -99)
WHEREAS, the City of San Luis Obispo Planning Commission conducted a regular
public hearing on November 3, 1999, for the purpose of making a General Plan determination
and formulating a recommendation to the City Council on a request to abandon a portion of the
public right -of -way at the southwest corner of Dana and Nipomo Streets, adjacent to 1015
Nipomo Street; and
WHEREAS, the City Planning Commission found that the proposed right -of -way
abandonment was consistent with the City's General Plan, and recommended that the City
Council approve the abandonment, based on findings, and subject to conditions as indicated in
Planning Commission Resolution 5275 -99, incorporated herein by reference.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Action: Intention to Abandon. It is the intention of the City of San Luis
Obispo to abandon a portion of the public right -of -way at the southwest corner of Dana and
Nipomo Streets as shown on the map marked Exhibit "A ", attached hereto and incorporated
herein by reference, pursuant to Section 8300 et.seq. of the State of California Streets and
Highways Code, and that the abandonment shall be based on the following findings, and subject
to the following conditions:
Findings:
1. The proposed right -of -way abandonment is consistent with the General Plan because the right -
of -way is excess land area that is not needed for present and future public circulation purposes
and public utility services will be preserved by reservation of proper easements.
2. The partial RAV abandonment is a public benefit because it allows for an existing substandard
street curve radius to be brought into conformance with current City standards, and will lessen
public maintenance costs by reducing the amount of street paving to be maintained.
3. The proposed right -of -way abandonment is categorically exempt from environmental review
under Section 15301 of the California Environmental Quality Act.
i
R 8989
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City Council Resolution No. 8989 (1999 Series)
Page 2
Conditions:
1. If the Council determines that all or a portion of any "excess" right of way should be
abandoned, easements must be reserved for public water, sewer and storm drain systems and
reservation of easements for public and private utilities to the satisfaction of the City and the
respective utility companies. Specific details will be determined during the abandonment
process, prior to the adoption of a final abandonment resolution.
2. A portion of the adjoining property shall be reserved or dedicated to allow for the completion
public improvements along the frontage of said property. Specific details will be determined
during the abandonment process, prior to the adoption of a final abandonment resolution.
SECTION 2. Copies of the map showing the particulars of the proposed abandonment,
is on file in the office of the City Clerk at 990 Palm Street.
SECTION 3. Tuesday, January 18, 2000, at 7:00 p.m. in the Council Chamber of the
City Hall, 990 Palm Street, San Luis Obispo, California is the time and place set for hearing all
persons interested in or objecting to the proposed abandonment, which time is more than fifteen
(15) days from the passage of this resolution.
SECTION 4. This resolution, together with the ayes and noes, shall be published once in
full at least ten (10) days before the public hearing on the proposed street right -of -way
abandonment, in The Tribune, a newspaper published and circulated in this city.
SECTION 5. The City Engineer shall post at least three (3) notices of the proposed
abandonment in prominent locations near the portion of the street right -of -way to be abandoned
at least fourteen (14) days before the date set for the hearing in accordance with Section 8322 of
the Streets and Highways Code.
SECTION 6. The City Engineer shall notify utility companies affected by the proposed
abandonment within ten (10) days after adoption of the Resolution of Intention in accordance
with Section 8347 of the Streets and Highways code.
On motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on the
following roll call vote:
AYES: Council Member Ewan, Marx, Schwartz, Vice Mayor Romero, Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 7"' day of December, 1999.
1
City Council Resolution No. 8989 (1999 Series)
Page 3
Lee Price, City Clerk
APPROVED AS TO FORM:
e ey G. or en, ity Attorney
Attachment:
Exhibit "A" - Street right -of -way Abandonment Map
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RESOLUTION NO. 8988 (1999 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING SUBMITTAL OF GRANT APPLICATIONS
TO THE AVILA BEACH PUBLIC RESTORATION/MITIGATION PROJECTS GRANT
PROGRAM FOR THE PROJECTS KNOWN AS
THE BOB JONES CITY -TO- THE -SEA GREENWAY AND
THE AYERS PROPERTY ACQUISITION
WHEREAS, several agencies of the State of California have completed settlement
negotiations with Unocal regarding past discharges of contaminants in the Avila Beach area; and
WHEREAS, part of the settlement will include funds for recreational and environmental
projects with a nexus to the losses of recreational opportunity and habitat damage caused by the
discharges at Avila Beach; and
WHEREAS, the California Department of Fish and Game, Central Coast Regional Water
Quality Control Board, and San Luis Obispo County Air Pollution Control District have developed
specific criteria to evaluate potential projects; and
WHEREAS, said agencies have solicited proposals from government agencies and
nonprofit organizations for consideration in disbursing monies derived from the settlement.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes the submittal of a grant proposal to the above - mentioned agencies for grant
support for the project known as the Bob Jones City -to- the -Sea Greenway, as said project lies
within the city limits of the City of San Luis Obispo.
2. Further authorizes submittal of a grant proposal to the above - mentioned agencies for grant
support for the project known as the Ayers property acquisition.
3. Appoints the City Administrative Officer as agent of the City to conduct all negotiations,
execute and submit all documents, including, but not limited to, submittals, agreements,
amendments, payment requests and so on, which may be necessary for the completion of the
aforementioned proposal.
Approved and adopted this 7`s day of December, 1999.
On motion of Vice Mayor Romero, seconded by Council Member Schwartz and on the
following roll call vote:
AYES: Council Member Ewan, Marx, Schwartz, Vice Mayor Romero, Mayor Settle
NOES: None
ABSENT: None
Resolution No. 8988 (1999 Series)
Page 2
The foregoing resolution was adopted this 70' day of December, 1999.
Allen K. ettle, Mayor
APPROVED AS TO FORM:
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RESOLUTION NO. 8987 (1999 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE SUBMITTAL OF A GRANT APPLICATION
TO THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
FOR THE PROJECT KNOWN AS
WETLAND RESTORATION PLAN FOR THE FILIPPONI PROPERTY
WHEREAS, The United States Environmental Protection Agency, Region IX, has solicited
proposals for competitive grants for the development of wetland restoration plans; and
WHEREAS, the City of San Luis Obispo desires to develop a wetland restoration plan for
the property currently being purchased by the City from Herbert Filipponi and Jo Ann Denbow
south of the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
1. Authorizes the submittal of a grant proposal to the United States Environmental Protection
Agency for grant support for the project known as the Wetland Restoration Plan for the Filipponi
Property.
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2 Appoints the City Administrative Officer as agent of the City to conduct all negotiations,,
execute and submit all documents, including, but not limited to, submittals, agreements,
amendments, payment requests, et cetera, which may be necessary for the completion of the
aforementioned proposal.
Approved and adopted this 7t' day of December, 1999.
On motion of Vice Mayor Romero, seconded by Council Member Schwartz and on the
following roll call vote:
AYES: Council Member Ewan, Marx, Schwartz, Vice Mayor Romero, Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of December, 1999.
Allen K. Settle,:Mayor
APPROVED AS TO FORM:
Lee PA e, City Clerk f e Jor nse ity ttorney
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RESOLUTION NO. 8986 (1999 Series)
RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT
TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE
CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND
THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
WHEREAS, the Public Employees' Retirement Law permits the participation of public
agencies and their employees in the Public Employees' Retirement System by the execution of a
contract, and sets forth the procedure by which said public agencies may elect to subject
themselves and their employees to amendments to said Law; and
WHEREAS, one of the steps in the procedures to amend this contract is the adoption by
the governing body of the public agency of a resolution giving notice of its intention to approve
an amendment to said contract, which resolution shall contain a summary of the change proposed
in said contract; and
WHEREAS, the following is a statement of the proposed change: To provide Section
21354 2% at 55 retirement formula for local miscellaneous members.
NOW THEREFORE BE IT RESOLVED that the governing body of the above agency
does hereby give notice of intention to approve an amendment to the contract between said
public agency and the Board of Administration of the Public Employees' Retirement System, a
copy of said amendment being attached hereto as an "Exhibit" and by this reference made a part
hereof.
Upon motion of Mayor Settle, seconded by Vice Mayor Romero, and on the following
roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and
Mayor Settle
NOES: None
/_ -M Doe I li re MW
The foregoing resolution was adopted this 16" day of November, 1999.
Mayor en Settle
ATTEST—.
Lee Price, City Clerk
Resolution No. 8986 (1999 Series)
Page 2
APPROVED AS TO FORM:
FF
CALIFORNIA PUBLIC EmPLOYEES' RETIREMENT SYSTEw.
Actuarial and Employer Services Division
Public Agency Contract. Services
P.O. Box 942709
Sacramento, CA 94229 -2709
(916) 326 -3420
CERTIFICATION OF GOVERNING BODY'S ACTION
I hereby certify that the foregoing is a true and correct copy of a Resolution adopted by the
City Council of the
(governing body)
City of San Luis Obispo
(public agency)
on November 16, 1999
(date)
City Clerk
Title
PERS- CON -12 (rev. 1/96)
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RESOLUTION NO. 8985 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO UPHOLDING AN APPEAL OF THE ARCHITECTURAL
REVIEW COMMISSION'S DECISION, THEREBY APPROVING
REVISED MITIGATED NEGATIVE DECLARATION AND A MODIFIED
PROJECT DESIGN FOR AN AFFORDABLE HOUSING PROJECT AT
1330 AND 1363 PISMO STREET, (ER11 -99 AND ARC11 -99)
WHEREAS, the City of San Luis Obispo's Architectural Review Commission held a
special meeting on May 17, 1999 and a regular meeting on August 2, 1999, to consider
architectural and environmental review of an 11- apartment (13 density equivalent units per City
Code) multifamily housing project ARC 11 -99 and ER 11 -99; and
WHEREAS, the Architectural Review Commission on August 2, 1999 approved ER -11-
99 and ARC -11 -99 with findings and subject to conditions and code requirements; and
WHEREAS, Evelyn Talmadge, Rick Hamlin, Peter Stenos and George Moylan filed
appeals of that action; and
WHEREAS, the City Council conducted public hearings on, September 7, 1999 and
November 16, 1999, for the purpose of considering the appeals to the Architectural Review
Commission action on the project; and
WHEREAS, the City Council has considered testimony of the applicant, appellants,
interested parties, the records of the Architectural Review Commission hearings and actions, and
the evaluation and recommendation of staff; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact, with mitigation, as prepared by staff and reviewed by the Architectural
Review Commission;
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council finds that the project's Negative Declaration with
mitigation adequately addresses the potential significant environmental impacts of the proposed
project, and reflects the independent judgment of the City Council. The Council adopts said
Negative Declaration and hereby incorporates the following mitigation measures into the project:
1. The applicant shall submit a detailed soils engineering report as part of the building permit
application. The soils report shall consider special grading and construction techniques
necessary to address the potential hazards associated with the underlying sub - strata. The
o
Resolution No. 8985 (1999 Series)
Page 2
report shall identify the soil profile on site and provide site preparation recommendations to
insure against unstable soil conditions. Grading and building must be designed and
performed in compliance with the soils engineering report..
2. Future site development shall incorporate the following as feasible:
a) Skylights to maximize natural day lighting.
b) Operable windows to maximize natural ventilation.
c) Energy - efficient lighting systems for both interior and exterior use.
3. The new buildings shall incorporate facilities for interior and exterior on -site recycling. In
addition, site development shall include a solid waste recycling plan for,recycling discarded
building materials such as concrete, drywall, wood and metals from the construction site.
The plans must be submitted for approval by the Community Development Director prior to
building permit issuance.
SECTION 2. Findings. That this Council, after consideration of architectural review permit
application ARC- 11 -99, the Commission's decision, staff recommendation, public testimony,
and reports thereof, makes the following findings:
1. The proposed project, with the recommended conditions and modifications, complies with
property development standards for the R -2 zone.
2. The proposed scale and design of the buildings will be compatible with surrounding
residential uses.
3. The proposed project will not adversely affect the health, safety and welfare of the persons
living or working in the vicinity because it is a small residential project that has been
designed in a way that minimizes any impacts to adjacent land uses.
SECTION 3. Appeal Upheld. The appeal of the Architectural Review Commission's
action approving the project is hereby upheld, and the modified project design is approved
subject to the following conditions:
Conditions
1. Final project design and construction drawing shall be in substantial compliance with the
project plans, as amended and approved by the City Council.
2. Project details including: final landscape plans, wall and parking lot lighting, signage, and
trash enclosure details shall return to Planning staff for review and approval at the time that
working drawings are submitted for a building permit.
3. A lot -line adjustment or lot merger is required to eliminate existing property lines through
proposed structures, etc.
Resolution No. 8985 (1999 Series)
Page 3
4. A separate application must be submitted for the proposed abandonment of a portion of
Buchon Street. Any abandonment shall first consider the tum- around needs and include
reservation of that portion necessary for a pedestrian/bicycle connection to the Union Pacific
Railroad (UPRR) (See conditions under Transportation). Explore the feasibility of placing
on -street parking spaces as part of the abandonment process.
5. The termination of Buchon Street must include provisions for a turn - around, to the
satisfaction of the Director of Public Works.
6. The applicant shall dedicate an easement between the terminus of Buchon Street and the
UPRR right -of -way line, for public pedestrian and bicycle path needs, to the satisfaction of
the Director of Public Works.
7. Bicycle Parking. The applicant shall provide short- and long -term parking for bicycles
consistent with standards contained in the Bicycle Transportation Plan, to the approval of the
Transportation Staff.
8. Railroad Recreational Trail Connection. As part of the design of this project, the applicant
shall work with the Public Works staff to design a Class I bicycle path connection between
the east end of Buchon Street and the Union Pacific Railroad right -of -way. The design of this
connection shall be staked in the field and reflected on the project's construction documents.
The bike path connection shall align with the existing service road that climbs the bank and
connects to the flatter portions of Union Pacific's right -of -way.
The design of this bicycle path connection shall be the basis for describing a perpetual public
access easement through the street area proposed to be abandoned and across the adjoining
small triangular portion of the project site (needed to complete the connection to UP's right -
of -way). Both easement areas shall be of sufficient width to accommodate a 3.7 meter (12
foot) paved bicycle path, with a 600 mm (2 foot) clear shoulder on each side (total minimum
of 4.9 meters).
To the satisfaction of the Public Works Department, the applicant shall construct the small
segment of the bicycle path connection from the east end of Buchon Street pavement to the
project's eastern property boundary.
9. Johnson -Pismo Street Intersection Improvements. The applicant shall contribute its pro rata
share towards the cost of any future modifications to the Pismo - Johnson Intersection that the
City determines are necessary to address traffic management or neighborhood traffic
management (NTK issues associated with residential areas east of Johnson Avenue,
between Johnson and the Union Pacific Railroad. City staff's recommendation at this time is
that a traffic signal should not be installed.
10. A street light shall be added at the end of Pismo Street near the project driveway area.
Resolution No. 8985 (1999 Series)
Page 4
On motion of Vice Mayor Romero,. seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and:adopted this 16'b day of November 1999.
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RESOLUTION NO. 8984 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A PURCHASE AND SALES AGREEMENT WITH SCOTT LATHROP
FOR THE ACQUISITION OF A.55-ACRE PORTION OF THE LATHROP PROPERTY
AT A COST OF $2319000
WHEREAS, the City of San Luis Obispo (City) is a California Charter Municipal
Corporation; and
WHEREAS, the City, acting through its City Council, has determined that a .55 -acre
portion of the Lathrop Property would be a valuable addition to the Damon - Garcia Sports Fields;
and
WHEREAS, the owner of the property, Scott Lathrop, has agreed to the sale; and
WHEREAS, the purchase of the property would serve an important municipal purpose;
NOW, THEREFORE, BE IT RESOLVED that-the Council of the City of San Luis
Obispo hereby approves this purchase and sales agreement, this purchase is exempt under
Section 15325 of the California Environmental Quality Act, and the Mayor is authorized to sign
the purchase and sales agreement.
Upon motion of Vice Mayor Romero, seconded by Council Member Schwartz, and on
the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and
Mayor Settle.
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16' day of November, 1999.
APPROVED AS TO FORM:
IS, Cv ' Attorney
4,4L/
RESOLUTION NO. 8983 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DESIGNATING CITY -OWNED PROPERTY AT 871 MARSH STREET AS A PUBLIC
WAY IN CONNECTION WITH THE MARSH STREET GARAGE EXPANSION
PROJECT
WHEREAS, the City of San Luis Obispo desires to complete the expansion of the Marsh
Street Garage; and
WHEREAS, the existing entrance lane to the Marsh Street Garage is used as a public
access for entering the garage and private property owners gaining access to their property; and
WHEREAS, the expansion of the Marsh Street Garage will maintain the current entrance
lane as the only ingress to the garage and adjoining private property; and
WHEREAS, the designation of the entrance lane to the Marsh Street Garage as a public
way will benefit adjoining property owners and the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that the area shown and described in Exhibit A is hereby designated as a public way.
Upon motion of Vice Mayor Romero, seconded by Council Member Schwartz,
and on the following roll call vote:
AYES: Council Member Schwartz, Vice Mayor Romero and Mayor Settle
NOES: Council Members Ewan and Marx
ABSENT: None
The foregoing resolution was adopted this 16' day of November, 1999.
APPROVED AS TO FORM:
Attorney
R 8983
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871 WARSH 003 -527 -015
Legal destxiption of the public way for the Marsh Street Garage expansion:
The Southwesterly 10 feet of Lot 8 and the Northeasterly 15 ft of Lot 7 in Block
100 of the Mission Vineyard Tract, in the City of San Luis Obispo, County -of San
Luis Obispo, State of California, as per map filed March 8, 1873 in Book A, Page
143 of Maps, in the office of the County Recorder of said County.
APN 003 - 527 -015
EXHIBIT A
END OF DOCUMENT
i
'Doc No: 1999-084550
Rpt No: 00105081
RECORDING REQUESTED BY Official Records ;NF -1 0.00,
AND WHEN RECORDED MAIL TO: San Luis Obispo co. ;
Julie L. Rodewald ;
City lerk's Office Recorder ;
Y Dec 03, 1999 ;
CITY OF SAN LUIS OBISPO Time: 14.42 ;
990 Palm Street
San Luis Obispo, CA 93401 3]- _ 'T TAL
RESOLUTION NO. 8983 (1999 SERIES)
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RESOLUTION NO. 8982 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING THE PARKS AND RECREATION DEPARTMENT TO WORK
COLLABORATIVELY WITH THE SAN LUIS OBISPO COUNTY ARTS COUNCIL TO
SUBMIT A GRANT APPLICATION TO THE UNITED WAY OF SAN LUIS OBISPO
COUNTY FOR AFTER SCHOOL ENRICHMENT ACTIVITIES
WHEREAS, parents and children in the City's Sun `N Fun and S.T.A.R. child care
programs have indicated an interest in the expansion of after school enrichment activities; and
WHEREAS, the national child care movement encourages the inclusion of enrichment
activities in after school curricula; and
WHEREAS, the San Luis Obispo County Arts Council has agreed to work
collaboratively with the City's Parks and Recreation Department to secure funding for
enrichment activities;
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That the City Council hereby grants approval for the City of San Luis
Obispo Parks and Recreation Department to collaborate with the San Luis Obispo County Arts
Council to submit a grant application to the United Way of San Luis Obispo County for funding
to provide and expand enrichment opportunities within the City's child care programs.
Upon motion of Vice Mayor Romero, seconded by Council Member Schwartz,
and on the following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 16" day of November, 1999.
Mayor Allen Settle
Resolution 8982 (1999 Series)
Page 2
APPROVED AS TO FORM:
J J g en, ity Attorney
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RESOLUTION NO. 8981 (1999 Series)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO, CALIFORNIA,
APPROVING CO- SPONSORSHIP OF A REQUEST BY HERITAGE SHARED
FOR A HERITAGE HOMES TOUR AND OPEN HOUSE
WHEREAS, Heritage Shared is a community organization dedicated to expanding
public awareness and appreciation of the City's historic sites, buildings and other cultural
resources; and P
WHEREAS, Heritage Shared has proposed a fundraising tour of selected historic San
Luis Obispo homes, to be conducted by Heritage Shared and community volunteers; and
WHEREAS, to help make the event as successful as possible, Heritage Shared has
requested City co- sponsorship, including in -kind support.
NOW, THEREFORE, BE IT RESOLVED by the San Luis Obispo City Council as
follows:
SECTION 1. Findinss.
a. The proposed event is consistent with General.Plan policies and Historic
Preservation Program Guidelines in that it will promote community
awareness, understanding of and appreciation for the community's
unique historic and cultural resources.
b. The proposed event is consistent with City Administrative Policies for
Co- sponsorship of Special Events.
SECTION 2. Co- Sponsorship Approved.
a. The City Council hereby approves City co- sponsorship of the event, as
described in the attached Exhibit, and agrees to provide the following in-
kind support, subject to availability of city facilities, insurance
requirements and payment of incidental costs, where applicable:
1) Copies and mailing of event flyers;
2) Use of City Parks and Recreation building for parking and a
reception on the day of the tour, subject to payment of staffing
costs;
3) Use of City Trolley and driver to transport tour participants,
subject to vehicle availability and payment of contractor driver
costs.
Resolution 8981 (1999 Series)
Page 2
SECTION 3. Compliance with Administrative Policies.
City co- sponsorship is approved subject to the requirement that Heritage Shared comply
with the Administrative Policies for Co- Sponsorship of Special Events.
On motion of Council Member Schwartz, seconded by Vice Mayor Romero, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 2' day of November, 19 9.
Mayor Allen . Settle
APPROVED:
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Exhibit: Heritage Homes Tour Proposal
Resolution 8981 (1999 Series)
Exhibit
Page 3
HERITAGE SHARED
San Luis Obispo Historic Homes Tour Proposal
July 9, 1999
Dear CHC member:
Heritage Shared is planning a fundraising tour of selected San Luis Obispo
historic homes. The event is planned from 1 to 4 p.m., on Sunday, April 23, 2000, to
be conducted by Heritage Shared and by members of the Cultural Heritage
Commission. Heritage Shared hopes to use the City's Parks and Recreation
Administration building on Nipomo St as a staging area for tour goers: for parking,
refreshments, and exhibits. Our members and other volunteers would serve as on -site
docents and tour guides. We will provide publicity, tickets,.insurance, and
refreshments.
Participation by the CHC will implement the CHC goals of public education and
community awareness of the importance of historic preservation.
Funds raised by the event will be used for education:
• To buy a small library of local historic books for each San Luis Obispo
elementary and secondary school.
• To fund a historic preservation project by a school.
• To provide small research grants for student History Day projects.
• To provide prizes for History Day projects.
PROPOSED BUDGET
EXPENSES
The preliminary estimated expenses are as follows:
Food: $500.
Insurance: $750.
Publicity, tickets, booklets, and exhibits: @ $3,700.
Costumes, etc: $500.
Protective maze and runners: $500.
Total: $5,950
INCOME
Ticket sales, 500 at $25:
the history, heft
$12,500
and culture of the Central Coast
Post Office Box 4614 • San Luis Obispo California 93403 • BOS -549 -9283
Resolution 8981 (1999 Series)
Page 4
To help make this event as successful as possible, Heritage Shared requests City
sponsorship with the following in -kind assistance from the City:
• Mailings
• Use of the City's Parks and Recreation Administration building for parking
and reception on day of tour.
• Provide custodial help on day of tour at Recreation building.
• Provide paper and copies for tour flyers.
• Provide the shuttle bus with city driver. We believe the shuttle is the key
concept for a successful tour that allows people to move freely between sites.
• Will reduce parking demand in surrounding neighborhoods.
• Will reduce air pollution.
• Will improve safety and convenience for tour goers.
We thank you for your support for this event which will help our schools provide
the resources to stimulate student interest in historic preservation
Astrid Gallagher,
Treasurer, Heritage Shared
��y- 9283
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RESOLUTION NO. 8980 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING CRITERIA AND SITE SELECTION PRIORITIES
FOR NEW SIDEWALK CONSTRUCTION PROJECTS
WHEREAS, the City desires that its citizens have available, safe, convenient and
suitably located sidewalks; and
WHEREAS, many areas of the City do not have such sidewalks; and
WHEREAS, the City desires such areas to be improved considering needs, hazards and
the wishes of the neighborhoods; and
WHEREAS, in 1998 the Council adopted a Pavement Management Plan that created
eight major street maintenance areas and one specifically for the Downtown; and
WHEREAS, said Plan directs that significant infrastructure improvements are to be
made within each maintenance area in a consistent and logical manner; and
WHEREAS, the Council is desirous of coordinating the New Sidewalk Construction
Projects with the Pavement Management Plan to the greatest degree possible..
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo adopts the following:
SECTION 1. General Coordination and Prioritization
a. The construction of new sidewalks should occur, to the maximum extent
possible, in coordination with the management areas defined by the
Pavement Management Plan and should be prioritized as follows:
1) Locations where safety can be improved, particularly safety of
children.
2) Locations with a demonstrated pedestrian need.
3) Locations responding to a petition of neighbors representing 50% of
the owners within a block.
b. The installation of new sidewalks should include flexibility in design
When considering topography and existing trees.
SECTION 2. Special Prioritization Prioritization
The Council at its discretion may consider construction of new sidewalks outside of the
area priorities established by the Pavement Management Plan. In such instances priority should
be given to:
a. Locations where safety can be improved, particularly safety of children.
b. Locations with a demonstrated pedestrian need.
::':1,
Resolution No. 8980 (1999 Series)
Page 2
C. Locations on arterials and collector streets that are near schools, parks,
churches, and community commercial centers.
d. Locations on local streets that are near schools, parks, churches, and
neighborhood commercial centers.
e. Completion of sidewalk continuity in residential and commercial
neighborhoods.
SECTION 3. The Council, when deciding upon locations for new sidewalk construction,
may consider the scenic nature of an area, the desires of a neighborhood, traffic flow, needs for
sidewalks in any of-the other maintenance areas and other judgment items as it sees fit.
SECTION 4. This resolution rescinds and replaces Resolution No. 6031 (1986 Series).
On motion of Council Member Schwartz, seconded by Vice Mayor Romero, and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero, and
Mayor Settle
NOES: None
ABSENT: None
The foregoing resolution was adopted this 2" day of November, 1999.
May r Allen Settle
Lee Price, City Clerk
APPROVED AS TO FORM:
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RESOLUTION NO. 8979 (1999 Series)
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO
AUTHORIZING APPLICATION FOR GRANT FUNDS FOR THE ENVIRONMENTAL
ENHANCEMENT AND MITIGATION PROGRAM UNDER SECTION 164.56 OF THE
STREETS AND HIGHWAYS CODE FOR THE PROJECT KNOWN AS
AYERS PROPERTY ACQUISITION
WHEREAS, the Legislature of the State of California has enacted AB 147 (Chapter 106 of
the Statutes of 1989), which is intended to provide $10 million annually for a period of ten years for
grant funds to local, State, and Federal agencies and nonprofit entities for projects to enhance and
mitigate the environmental impacts of modified or new public transportation facilities; and
WHEREAS, the Resources Agency has established the procedures and criteria for
reviewing grant proposals and is required to submit to the California Transportation Commission a
list of recommended projects from which the grant recipients will be selected; and
WHEREAS, said procedures and criteria established by the Resources Agency require a
resolution certifying the approval of application by the applicant's governing body before
submission of said application to the State; and
WHEREAS, the application contains assurances that the applicant must comply with; and
WHEREAS, the applicant, if selected, will enter into an agreement with the State of
California for acquisition or development of the project;,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo hereby:
SECTION 1. Authorizes the filing of an application for the Environmental Enhancement
and Mitigation Program for grant assistance for the above project; and
SECTION 2. Certifies that said applicant will make adequate provision for operation and
maintenance of the project; and
SECTION 3. Appoints the City Administrative Officer as agent of the City to conduct all
negotiations, execute and submit all documents, including, but not limited to, applications,
agreements, amendments, payment requests and so on, which may be necessary for the completion
of the aforementioned project. Approved and adopted this 2nd day of November, 1999.
On motion of Council Member Schwartz, seconded by Vice Mayor Romero and on the
following roll call vote:
AYES: Council Members Ewan, Marx, Schwartz, Vice Mayor Romero and Mayor
Settle
NOES: None
ABSENT: None
� � f
Resolution 8979 (1999 Series)
Page 2
The foregoing resolution was adopted this 2' day of November, 1999.
,�
Allen K. Settle, Mayor
Lee Price, City Clerk
APPROVED AS TO FORM:
R 8979
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RESOLUTION NO. 8978 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE CONTINUATION OF EXPANDED HOURS OF OPERATION FOR
THE FOOD 4 LESS STORE AT 3985 SOUTH HIGUERA (U 37 -98)
WHEREAS, the City Council conducted a hearing on October 19, 1999 to consider the
one year review of the expanded hours of operation, testimony of interested parties, and the
evaluation and recommendation of staff.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this Council, after consideration of the one year review of
the expanded the hours of operation for Food 4 Less, public testimony, staff recommendation and
reports thereof, makes the following findings:
On July 2, 1996, the City Council approved Use Permit A 6 -96 with the condition that the
hours of operation be limited to 6:00 a.m. to 10:00 p.m. in response to neighborhood concern
regarding the potential for adverse impacts from late night noise, glare from lighting and
traffic;
2. On October 20, 1998 the City Council approved a request to modify Condition No. 3 of Use
Permit A 6 -96 to extend the hours of operation of the Food 4 Less business to midnight for a
six -month trial period and to 24 -hours for a second six -month trial period if no written
complaints have been received by the City regarding impacts from the expanded hours,
followed by a one -year review of the expanded hours of operation by the City Council; and
3. Since October 21, 1998, the Food 4 Less business has been operating with the expanded
hours of operation and no written complaints regarding the expanded hours have been
received by the City.
SECTION 2. Approval. The continuation of the expanded hours of operation to 24
hours for Food 4 Less is hereby approved. On motion of Vice Mayor Romero, seconded by
Council Member Marx, and on the following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Romero, and Mayor Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was passed and adopted this 19 th day of October, 1999.
.. .
Resolution.No. 8978 (199y Series)
Page 2
ATTEST:
City C &k Lee
APPROVED AS TO FORM:
RESOLUTION NO. 8977 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A REQUEST TO AMEND PREVIOUSLY - APPROVED PLANS
TO ALLOW A 1.5 -FOOT SIDE YARD SETBACK FOR A LOFT ADDITION
TO THE FRONT HOUSE LOCATED AT 1535 CARMEL ST.
(MODIFICATION TO USE PERMIT A 46 -98)
WHEREAS, the City Council conducted a public hearing on October 19, 1999, to
consider a modification to a previously- approved Administrative Use Permit A 46 -98 to allow a
reduced side yard setback from 4 feet to 1.5 feet for a loft addition to the front house at 1535
Carmel Street; and
WHEREAS, the City Council had previously conducted a public hearing on July 7, 1998,
and considered two separate appeals of the Planning Commission's action to approve
Administrative Use Permit A 46 -98 which allowed: further development of a non - conforming
lot, an addition to a non - conforming building; and a reduced side yard setback from 8 feet to 4
feet; based on findings, and with conditions; and
WHEREAS, Kim Martin, a neighbor of the project who lives at 1521 Carmel Street, filed an
appeal of the Planning Commission's action on June 2, 1998, because she felt that the proposed
loft in the rear detached bedroom should be eliminated, and that the new building was both too
large and too tall for its intended purpose; and
WHEREAS, William E. Tickell, the applicant, also filed an appeal of the Planning
Commission's action on June 5, 1998, because he did not want to further reduce the floor area of
the proposed detached bedroom; and
WHEREAS, the City Council conducted a public hearing on July 7, 1998, and considered
testimony of the two appellants for their different reasons, interested parties, the records of the
Planning Commission hearings and action, and the evaluation and recommendation of staff, and
approved the Administrative Use Permit A 46 -99 with a modification to the wording of
Condition No. 3 and upholding the other conditions endorsed by the Planning Commission as
reflected in City Council Resolution No. 8824 (1998 Series).
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findinas. That this Council, after consideration of the requested
modification to the previously- approved Administrative Use Permit A 46 -98 to allow a reduced
side yard setback from 4 feet to 1.5 feet for a loft addition to the front house at 1535 Carmel
Street; staff recommendations and reports thereof, makes the following findings:
1. The side yard setback exception will not adversely affect the health, safety and welfare or
persons residing at the site or in the vicinity, with the recordation of the easement to maintain a
minimum of 10 feet of separation between the house and any buildings on the adjacent
property to the southeast.
R 8977
lam,
Resolution No. 8977 (1999 Series)
Page 2
2. No useful purpose would be achieved by requiring the full side yard.
3. No significant fire protection, emergency access, privacy or security impacts are likely as a
result of the side yard setback reduction.
4. The exception is of a minor nature and will not significantly affect the solar access of the
adjacent property.
The 10 -foot separation easement is consistent with goals of the Uniform Building Code to
protect fire safety, and the purpose of yards defined in the City's Zoning Regulations to
maintain adequate distance between buildings on adjacent properties for aesthetic and solar
access reasons, and to create a regular pattern of building masses in neighborhoods.
SECTION 2. Modification approval. The requested side yard reduction from the previously
approved four feet to 1.5 feet is approved. All of the conditions of the use permit approved by
the City Council on July 7, 1998, that are contained in City Council Resolution No. 8824 (1998
Series) remain in effect with the following revision to Condition No. 5:'
The applicant shall submit a recordable instrument to maintain a minimum of 10 feet of
separation between the existing main house with addition and buildings on the adjacent
property to the southeast for the review and approval of the Community Development
Director prior to the issuance of a building permit.
On motion of Vice Mayor Romero, seconded by Council Member Schwartz and on the
following roll call vote:'
AYES: Council Members Marx, Schwartz, Vice Mayor Romero and Mayor Settle
NOES: None
n :&131►a IE1,Usm-
The foregoing resolution was passed and adopted this 19'b day of October, 1999.
i
Mayor Allen Settle
Lee Price, City Clerk
Resolution No. 8977 (1999 Series)
Page 3
APPROVED AS TO FORM:
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RESOLUTION NO. 8976 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TENTATIVE MAP FOR A 10 -UNIT RESIDENTIAL
CONDONE NIUM SUBDIVISION AT 680 FOOTHILL BOULEVARD
(TR 138 -99; COUNTY TRACT MAP NO. 2338)
WHEREAS, the Planning Commission conducted a public hearing on September 22,
1999, and recommended approval of Tentative Tract Map 138 -99; and
WHEREAS, the City Council conducted a public hearing on October 19, 1999, and has
considered testimony of interested parties, the records of the Planning Commission hearing and
action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the
General Plan, the Zoning Regulations, and other applicable City ordinances; and
WHEREAS, the City Council has considered the draft Negative Declaration of
environmental impact with Mitigation Measures as prepared by staff and reviewed by the
Planning Commission.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council finds and determines that the project's Negative
Declaration with Mitigation Measures adopted on April 19, 1994 adequately addresses the
potential significant environmental impacts of the proposed project. The Council hereby
determines that the past Negative Declaration with Mitigation Measures is adequate.
SECTION 2. Findings. That this Council, after consideration of the Tentative Tract
Map 138 -99, and the Planning Commission's recommendations, staff recommendations, public
testimony, and reports thereof, makes the following findings:
1. The design of the subdivision with its ten lots is consistent with the density and housing.
policies of the City's General Plan.
2. The site is physically suited for the type and density of development allowed in the R -4 zone
and will comply with all applicable City development standards, as conditioned by the
Architectural Review Commission (ARC). The ARC approved a minor exception to setback
standards (from 14' to 10') to allow front porches of units along Foothill Blvd. to encroach
into the street yard.
The design of the subdivision will not cause serious health problems or result in significant
environmental impacts as outlined in the Negative Declaration with Mitigation Measures
prepared for the project (ER 10 -94).
R 8976
Resolution No. 8976 (1999 Series)
Page 2
4. The Public Works Department has assured that the design of the subdivision will not conflict
with easements for access through (or usage of property within) the proposed subdivision.
SECTION 3. Conditions. The tentative map for Tract 138 -99 (County Tract Map No.
2338) is approved subject to the following conditions, and one code requirement:
Conditions
1. Each lot shall be served with separate water, gas, electric, telephone and cable TV services to
the satisfaction of the Director of Public Works. A common sewer may be provided to serve
all lots. The on -site sewer system shall be privately owned and maintained.
2. The subdivider shall, dedicate a 6 -foot wide public utility easement and 10 -foot wide street
tree easement adjacent to Foothill Boulevard.
3. The large evergreen Ash on the west side of the property is to remain and be protected. The
Liquid Amber near the front of the property should also be retained. All other trees may be
removed. However, in the event that the Ash tree cannot be retained, it may be removed and
replaced to the approval of the Public Works Director.
4. The developer shall install tree protection fencing prior to the start of any work (including
clearing & grubbing, site clean-up and demolition), to the satisfaction of the City Arborist.
Tree protection fencing shall remain intact until the final inspection is approved or upon release
by the City Arborist.
All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be
tied to the City's Horizontal Control Network. At least two control points shall be used and
tabulation of the coordinates shall be submitted with the final map or parcel map. All
coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
6. The final map shall use the International System of Units (metric system). The English
System of Units may be used on the final map where necessary (e.g. - all record data shall be
entered on the map in the record units, metric translations should be in parenthesis), to the
approval of the Director of Public Works.
A public pedestrian easement shall be dedicated adjacent to the driveway to accommodate a
sidewalk at the back of the driveway ramp, per City standards.
8. Additional drainage easements should be created along the Easterly and Westerly property
lines where the rear yards drain toward the street. The 20 -foot wide access easement through
the center of the site shall also include an easement for drainage and utilities.
Resolution No. 8976 (1999 Series)
Page 3
The subdivider shall mitigate potential noise impacts on future residents of the project by
constructing all units in accordance with State standards for maximum interior noise levels,
as recommended by Initial Study ER 10 -94.
10. The project's overall energy efficiency shall exceed applicable State standards by an amount
equal to or greater than the energy savings which would be attributed to provision of solar
water heating.
11. Subdivider shall prepare conditions, covenants, and restrictions (CC &R's)'to be approved by
the Community Development Director prior to final map approval. CC &R's shall contain the
following provisions:
a. Creation of a homeowners' association to enforce the CC &R's and provide for
professional, perpetual maintenance of all common areas including private driveways,
drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting, and
landscaping.
b. Grant to the city the right to maintain common areas if the homeowners' association
fails to perform, and to assess the homeowners' association for expenses incurred, and
the right of the city to inspect the site at mutually agreed times to assure conditions of
CC &R's and final map are being met.
c. No parking except in approved, designated spaces.
d. Grant to the city the right to tow away vehicles on a complaint basis which are parked
in unauthorized places.
e. No outdoor "storage of boats, campers, motorhomes, or trailers nor long -term storage
of inoperable vehicles.
f. No outdoor storage by individual units except in designated storage areas.
g. No change in City- required provisions of the CC &R's without prior City Council
approval.
h. Homeowners' association shall file with the City Clerk the names and addresses of all
officers of the homeowners' association within 15 days of any change in officers of
the association.
Provision of appropriate "no parking" signs and red - curbing along interior roadways
as required by the City Fire Department.
CC &R's shall not prohibit location of solar clothes drying facilities in private yards
which are substantially screened from view.
Resolution No. 8976 (1999 Series)
Page 4
k. State that the adjacent property is zoned R-4 and may in the future be developed with
more intensive land uses than presently exist on the site.
1. The CC &R's shall disclose that the downstairs rooms in the units shall not be used as
a bedroom per City requirements.
12. Subdivider shall install a unit identification plan with directory at the project's entrance, to
the approval of the Community Development Director.
13. The rear property line sound wall shall be constructed prior to new building construction.
14. The applicant shall provide an exhibit clearly delineating the extent of the common area
under the Homeowner Association's control.
Code Requirement
1. The applicant shall pay park -in -lieu fees consistent with SLO Municipal Code Section
16.40.080.
Upon motion of Council Member, seconded by Council member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Romero and Mayor Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was adopted this 19' day of October, 1999.
Mayor Allen`Sedle
Resolution No. 8976 (1999 Series)
Page 5
APPROVED AS TO FORM:
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RESOLUTION NO. 8975 (1999 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE VESTING TENTATIVE TRACT 102 -96, SUBDIVIDING A 222 -
ACRE SITE INTO 148 RESIDENTIAL PARCELS AND OTHER OPEN SPACE AND
DETENTION BASIN LOTS AT THE SOUTHWEST CORNER OF MADONNA AND
LOS OSOS VALLEY ROADS (TR 102 -96, County File No. 2307)
WHEREAS, the Planning Commission conducted a public hearing on September 8,
1999 and recommended approval of Vesting Tentative Tract Map TR 102 -96; and
WHEREAS, the City Council conducted a public hearing on October 19, 1999 and has
considered testimony of other interested parties, the records of the Planning Commission hearing
and action, and the evaluation and recommendation of staff; and
WHEREAS, the City Council finds that the proposed subdivision is consistent with the
General Plan, , the Zoning Regulations, and other applicable City ordinances with approval of
the requested PD zoning; and
WHEREAS, the City Council has considered the DeVaul Ranch environmental impact
report (EIR) certified by the City Council in December; 1998 for its adequacy in evaluating this
request.
BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council finds and determines that the DeVaul Ranch EIR
certified by the City Council in December, 1998 adequately addresses the potential significant
environmental impacts of the proposed project.
SECTION 2. Findin s. That this Council, after consideration of the Vesting Tentative
Tract Map TR 102 -96 and the Planning Commission's recommendations, staff
recommendations, public testimony, and reports thereof, makes the following findings:
1. The design of the tentative map and proposed improvements are consistent with the General
Plan which designates this area as Medium Density Residential.
2. The site is physically suited for the type and density of development allowed in the R -1-
PD, R -2 -PD, and R -3 -PD zones.
3. As conditioned, the DeVaul Ranch phasing plan for development is consistent with the
City's one percent annual growth limit.
3. As conditioned, the design of the subdivision and the proposed improvements are not likely
to cause serious health problems, substantial environmental damage or substantially and
unavoidably injure fish or wildlife or their habitat.
4. The subdivision will not have a significant adverse impact on the environment, subject to
the mitigation measures of the Final Environmental Impact Report (EIR) certified by the
Resolution No. 8975 (1999 Series)
Page 2
City Council on December 15, 1998, being incorporated into the project and the mitigation
monitoring program adopted with the EIR approval being followed.
SECTION 3. Approval. The request for approval of Vesting Tentative Tract Map for
TR 102 -96 (Tract 2307) is approved subject to the following mitigation measures, development
phasing schedule, conditions and code requirements:
(Mitigation Measures)
1. The subdivider shall comply with all adopted mitigation measures for the DeVaul Ranch
EIR. Those include aesthetics, cultural resources, biological resources, geology and
soils, utilities, affordable housing, traffic and circulation, noise, and air quality.
2. The subdivider shall create a "Maintenance Association" to facilitate long -term care of
the landscaping.
3. The subdivider shall retain the row of cypress trees along Madonna Road and provide an
approximately 8 foot wide buffer /landscape space between the edge of pavement and the
trunks of the trees.
4. The subdivider shall design the DeVaul ranch house drainage /detention basin(s) to appear
as a naturally occurring feature and revegetate the perimeter with native plants and trees
to further reduce its engineered appearance.
5. The open drainage channel along the base of the Irish Hills shall be designed so it appears
as a naturally occurring feature of the landscape rather than an engineered drainage
channel. If used, concrete lining shall be minimised and shall be an earth tone color.
Contour grading, aesthetic consideration of rock placement, and appropriate native
vegetation shall be integral to the design. The drainage channel shall be designed to
enhance the adjacent pedestrian experience as much as possible.
6. The subdivider shall provide a screen including fencing, shrubs, and trees between the
project's apartment development area and the adjacent Laguna Ranch property to the
southeast.
7. The subsurface area within the DeVaul Ranch house complex must not be disturbed, or a
qualified archaeologist must conduct subsurface test excavations consistent with City
requirements and follow subsequent procedures as detailed in the project's mitigation
monitoring program. These mitigation measures shall be listed on the project's
construction and public improvement plans to ensure all contractors are aware of the
requirements.
8. The subdivider shall dedicate 184 acres of land zoned C /OS -160 (37.9 acres of which is
dedicated as an annexation requirement for open space) as shown on the tentative map.
Resolution No. 8975 (1999 Series)
Page 3
9. All slopes will incorporate run -on and runoff control measures, subsurface drains, and
other improvements as necessary to minimize the potential for erosion and excessive
moisture conditions in soils beneath building foundations, roadways, curbs, and
sidewalks.
10. The designs of all foundations, roadways, curbs, and other structures shall be reviewed
by a geotechnical engineer to ensure that they are compatible with the soils properties and
conditions of the project site.
11. Grading operations shall be monitored by or under the direction of a geotechnical
engineer to ensure proper selection and compaction of fill and to identify any
undiscovered soil conditions or features that might affect the construction of the
development.
12. The applicant shall provide affordable housing consistent with Policy 1.22.1 of the
Housing Element.
13. All project related construction shall be limited to the.hours of Monday - Saturday lam to
7pm.
14. Clearly post noise restrictions on -site until the proposed project is completed.
15. The subdivider shall note the air quality mitigation measures on all construction plans.
(Growth Management Phasing Schedule)
1. The project shall comply with the residential growth management phasing schedule for
Irish Hills North as shown on the attached Exhibit A.
(Tentative Map Conditions)
1. An additional 63 feet of right -of -way along LOVR is required on the project side of the
street to accommodate the ultimate street configuration. R/W and traffic lane transitions
across the Madonna Rd. intersection shall be provided in accordance with the mitigation
measures established under the Environmental Impact Report for the project, including
modifications to the existing traffic signal at Madonna Rd. and Los Osos Valley Rd.
2. The sidewalk along the southerly side of Madonna Rd., adjacent to lot 148, shall be
constructed within a public pedestrian easement (contiguous with the Madonna Rd. R/W)
and within Lot 148, to the satisfaction of the Director of Public Works. An approximate
8 foot wide buffer /landscape space shall be provided between the edge of pavement and
the trunks of the Cypress trees per the project's Mitigation Monitoring Program.
3. Lot 155 shall be owned and maintained by the Homeowners Association and shall
incorporate a public pedestrian, utility and fire access easement. The subdivider shall
improve this area and the adjacent northwesterly off -site easement area (to be acquired by
Resolution No. 8975 (1999 Series)
Page 4
subdivider) to extend access and utilities to Quail Drive, to the satisfaction of the
Director of Public Works, Community Development Director and Fire Chief.
4. Off -site dedication of property for public right -of -way purposes is required to facilitate an
LOVR lane taper. The subdivider shall exhaust all avenues available to acquire the
public right -of -way dedication. In the event the subdivider is unable to acquire the
property, the City Council will lend the subdivider its powers of condemnation to acquire
the off -site right -of -way, including any necessary slope and drainage easements. If
condemnation is required, the subdivider shall pay all costs associated with the off -site
right -of -way acquisition (including attorneys and court costs).
5. Complete street improvements shall be constructed in accordance with the most current
City regulations, City of San Luis Obispo Engineering Standards and Standard
Specifications (integral curbs, gutters & 2m sidewalks, full width street pavement,
signing, striping, barricades, street lights, etc.) except as follows: The width, lane
configuration and sidewalk locations of internal streets may deviate from City standards,
as approved by the Director of Public Works. The modified street section shall be a 50
foot wide right -of -way with 35 feet curb to curb section (two 10' travel lanes and a 75
parking lane on each side) and 7.5 foot wide parkways on each side. The sidewalks shall
be 5 feet wide and setback 6.5 feet from the curb face, creating a 6 foot wide tree
planting and landscaped parkway area. The subdivider shall dedicate a 5 foot wide public
pedestrian and public utilities easement adjacent to all internal streets to accommodate the
proposed detached sidewalks. Landscaped parkways shall be maintained by the
homeowner's association.
6. All interior streets shall be designed to City standards with travels lanes of at least 10'
wide, to the satisfaction of the Director of Public Works and Fire Chief.
7. Vehicular access rights along Los Osos Valley Road shall be dedicated to the City, except
at the driveway location shown on the tentative map.
8. All street layouts and intersections (horizontal and vertical alignments, radii, sidewalk
configurations, lane widths, curb to curb dimensions, etc.) are subject to minor
adjustments and modifications, if deemed necessary by the Director of Public Works, for
safety and maintenance purposes.
9. The off -site acquisition and design of the property necessary to complete the connection
between this development and the Quail Dr. neighborhood shall occur prior to approval
of the final map, or if phased, during the first phase. The City shall lend its power of
eminent domain pursuant to Government Code Section 66462.5, if necessary, subject to
an agreement which provides for all costs to be borne by the subdivider. The subdivider
may construct a residence on the remainder of the lot as long as it complies with the
City's development standards for the R -1 zone.
Resolution No. 8975 (1999 Series)
Page 5
10. The subdivider shall dedicate a 2m wide public utility easement across the frontage of
each lot. The subdivider shall dedicate a 3m wide street tree easement across the
frontage of each lot. The overlapping easements shall be adjacent to and contiguous with
all public right of way lines bordering each lot.
11. If construction phasing of the new street pavement is proposed, the phasing shall provide
for the ultimate structural street section and pavement life (per the City's Pavement
Management Plan) prior to acceptance by the City. The engineer shall detail this
requirement in the public improvement plans, to the satisfaction of the Public Works
Director.
12. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk
vaults, fusing, wiring, luminaries, etc.) per City standards and to the satisfaction of the
Director of Public Works. The design of said lighting systems shall be coordinated by
the developer between the City and PG &E so as to minimize the amount of City owned
conduit and wiring system, to the satisfaction of the Director of Public Works.
13. If the City Arborist identifies trees requiring safety pruning, all pruning shall be
performed by a certified Arborist.
14. Plans shall have sufficient detail to assess the adequacy of the emergency vehicle
easement to Quail Drive. All weather access and fire protection water system shall be
installed and approved prior to any combustible construction. The design of this
easement shall be reviewed and approved by the City's Architectural Review Commission
and Fire Marshal.
15. Required access ways shall conform to current San Luis Obispo Fire Department
Development guidelines. All access ways within this project shall be designed as fire
lanes. The minimum access width shall be 20 feet and the vertical clearance shall not be
less that 13.5 feet. Dead end access roads in excess of 150 feet in length shall be
provided with an approved turn around. A temporary, all weather turn around shall be
installed and maintained in the area of Lots 79 and 80 until the road way in the adjoining
subdivision is completed. Required fire access ways (with minimum width) shall be
painted red with appropriate signage installed to prohibit parking.
16. Pedestrian access easements from the terminus of Streets B and C shall be provided to the
adjoining property to the southeast.
17. A no -build zone on the resulting slopes of the hillside lots after grading shall be provided.
18. Additional street trees shall be provided in the Madonna Road sidewalk next to the
detention basin to the satisfaction of the Director of Public Works and Community
Development Director.
�J
Resolution No. 8975 (1999 Series)
Page 6
19. Additional landscaping (and not paving) shall be provided in the bulb -out areas, to the
satisfaction of the Community Development Director.
20. The DeVaul Ranch house property may not be further subdivided for any development.
A covenant acknowledging this restriction shall be prepared by the applicant, approved
by the City Attorney, and submitted to the Community Development Department for
review, approval, and recordation, prior to final map recordation
21. The Quail Drive easement shall relocated to the north side of the Quail Drive lot.
22. In the title report for each property and in the project's CC &R's, the developer shall
disclose that the property may be impacted by noise or other activities associated with the
nearby airport and that the adjoining Froom Ranch Property is designated for commercial
development. Said language shall be to the approval of the City Attorney.
23. Lot 151 shall be owned and maintained by the Homeowner's Association (HOA) with an
irrevocable easement to the City for recreation purposes.
24. The proposed public park shall be designed and constructed by the developer and shall
meet American Disabilities Act (ADA) standards, to the satisfaction of the Director of
Parks & Recreation and Community Development Director. The developer shall be
responsible for all costs and maintenance of the park for a period of not less than one
year following acceptance of the improvements.
25. Final grades and alignments of all public water, sewer and storm drains (including
service laterals and meters) shall be subject to change to the satisfaction of the Public
Works Director and Utilities Engineer.
26. The subdivider shall provide all- weather access to all City owned facilities (manholes,
valve wells, drain inlets, etc.) located within easements in private property, to the
satisfaction of the Director of Public Works and Utilities Director.
27. Easements extending southerly from streets "B" and "C" shall also include rights to
construct and maintain public water, sewer and storm drainage systems.
28. The subdivider shall place underground, all existing overhead utilities along the public
street frontages and/or within the tract boundaries, to the satisfaction of the Public Works
Director and utility companies.
29. Additional on site (private) fire hydrants will be required for the apartment project and
shall comply with Fire Code spacing and densities. Landscaping shall not be located
within 3 feet of a fire hydrant. Planting materials should be carefully selected to prevent
obstructions or future maintenance problems.
Resolution No. 8975 (1999 Series)
Page 7
30. The on site distribution main shall be capable of supplying the required fire flow as
determined by the Fire Code.
31. A detailed hydrology study indicating the effects of the proposed development on
adjacent and downstream properties will be required. The scope of the study must
include analysis of all existing public and private drainage facilities and creek capacities
and shall make recommendations for appropriate improvements that will reduce flooding.
The development must be designed so as not to increase flooding potential downstream;
detention facilities will be required.
32. If the study identifies on -site areas subject to 100 -yr storm flooding, the developer shall
process and complete a Federal Emergency Management Agency Letter of Map
Amendment (LOMA), or, Letter of Map Revision (LOMR) prior to final acceptance of
any development. Any lots or building pads, identified in the hydrology study to be
subject to flooding during a 100 -yr storm shall be graded to provide minimum pad
elevations of at least 1 foot above the 100 -yr storm_ elevation. All areas subject to
flooding shall be documented.
33. The proposed detention and siltation basins and related drainage improvements, shall be
privately owned and maintained by the Homeowners' Association (HOA). The storm
drainage facilities downstream of the detention basin and within public streets will be
accepted by the City. The HOA shall be required to provide annual maintenance and
status reports each Fall by a registered civil engineer for the basins and do necessary
repairs as recommended prior to the rainy season. This provision shall be included in the
CC &Rs for the tract.
34. The path/road providing access to the siltation basin shall be constructed as an all -
weather access, to the satisfaction of the Director of Public Works and Community
Development Director.
35. The drainage swale and related improvements within lot 152 (behind lots 51 -74) shall be
maintained by the HOA. Appropriate easements shall be provided to allow access and
maintenance of said drainage improvements, to the satisfaction of the Director of Public
Works and Community Development Director. This provision shall be included in the
CC &Rs for the tract.
36. Off -site easements for grading and drainage are required in order to discharge drainage
across the adjacent property to an adequate point of disposal.
37. Any necessary clearing of existing creek and drainage channels, including tree pruning or
removals, and any necessary erosion repairs shall be to the satisfaction of the Public
Works Director, Community Development Director, the City's Natural Resources
Manager and the Dept. of Fish & Game.
Resolution No. 8975 (1999 Series)
Page 8
38. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements and
drainage facilities shall be provided, to the satisfaction of the Public Works Director.
39. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall
be tied to the City's Horizontal Control Network. At least two control points shall be used
and a tabulation of the coordinates shall be submitted with the final map or parcel map.
All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter
computer floppy disk, containing the appropriate data compatible with Autocad (Digital
Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be
submitted to the City Engineer.
40. The final map, public improvement plans and specifications shall use the International
System of Units (metric system). The English System of Units may be used on the final
map where necessary (e.g. - all record data shall be entered on the map in the record
units, metric translations should be in parenthesis), to the approval of the City Engineer.
41. Water meters shall be manifolded in pairs, whenever practical.
42. The subdivider shall design the driveway entrance at the southeastern comer of Parcel
148 to provide for 2nly right turns into the project by southbound traffic on Los Osos
Valley Road. (Right turns out of the project shall be precluded because this driveway
configuration would introduce traffic into a merge lane.)
43. The subdivider shall install a transit stop on Los Osos Valley Road, as shown on the
tentative tract map, to include a concrete pad, transit shelter, trash container, transit route
sign and lighting. The precise location and design of these facilities shall be to the
approval of the Director of Public Works and Community Development Director.
44. Pedestrian Access: As shown on the tentative tract map, the public utility easements
(PUE) shall also be reserved and improved for pedestrian access throughout the tract
boundary, as follows:
• A pedestrian connection shall be provided across the south side of the
neighborhood park between "D" and "E" Streets.
• The PUE at the south end of "B" Street should be relocated to be adjacent to
the western property boundary for Lot 125 -D.
• Of specific importance is reserving non - vehicular access rights from the ends of
both "B" and "C" Streets to the southern tract boundary to enable non - vehicular
circulation to and from development on the adjoining parcel.
• Connection to Quail Drive.
Resolution No. 8975 (1999 Series)
Page 9
45. Walkways in Park: The walkways that extend through the neighborhood park (Parcels
149 and 150), shall intersect with "D" Street at the normal pedestrian crossing location
parallel to Madonna Road. (The sketch plan for the park included in the application
materials shows an offset which would encourage pedestrian crossings at an unexpected
location on "D" Street.)
46. Traffic Circle: All curb "bulb -outs" and "traffic calming" features shall accommodate
access by emergency response vehicles and garbage trucks, and shall be constructed to
avoid damage from large moving vans /trucks, to the satisfaction of the Director of Public
Works and Fire Chief. (e.g. - mountable curbs should be designed to withstand the
impacts incurred from fire trucks, garbage trucks & semi - trailer moving vans.)
Appropriate signs or directional facilities, to the approval of the Director of Public
Works, shall be provided and shall be visible from all approaches to the traffic circle that
foster its correct use.
47. Madonna Road Median: The metal railing that is shown around the curved portion of the
median nose shall be eliminated. The final design of the pedestrian refuge for crossing
Los Osos Valley Road (as shown in the "Center Median Design" detail in the
"Attachment to the Tentative Map") is subject to modification, specifically regarding
railing, curbing, landscaping and paving materials.
48. The applicant shall prepare and submit an Affordable Housing Agreement for City review
and approval per Section 17.19. 110 of the Zoning Regulations.
49. All traffic and pedestrian signage shall comply with international design standards.
50. Street name signs shall comply with the newly adopted City standards.
(Code Requirements)
1. Traffic impact fees are required to be paid prior to the issuance of a building permit.
2. EPA Requirement: General Construction Activity Storm Water Permits are required for
all storm water discharges associated with a construction activity where clearing, grading
and excavation results in land disturbance of five or more acres. Storm water discharges
of less than five acres, but which is part of a larger common plan of development or sale,
also require a permit. Permits are required until the construction is complete. To be
covered by a General Construction Activity Permit, the owner(s) of land where
construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with
the appropriate fee, to the State Water Board.
3. A water allocation is required, due to the addition of residential units. Currently, a water
allocation can only be obtained through the water retrofit program. The City's Water
Conservation division can help in determining the needed allocation and the necessary
�1
Resolution No. 8975 (1999 Series)
Page 10 .
number of retrofits. Water Conservation can be reached by calling 781 -7258.
4. Water and Wastewater Impact Fees are charged on a per residential unit basis and shall
be paid at the time building permits are issued. The cost of developing an allocation
through retrofit could offset a portion of the required Water Impact Fee according to
appropriate City policies.
5. Appropriate backflow prevention will be necessary on any connection to the City water
system if the property includes an active well.
6. On -site use of any well will be allowed to continue only on the parcel overlying the well.
7. Some off -site public sewer must be constructed in order to provide adequate capacity to
serve this project.
8. The applicant shall pay park -in -lieu fees consistent with SLO Municipal Code Section
16.40.080
Upon motion of Vice Mayor Romero, seconded by Council Member Marx,
and on the following roll call vote:
AYES: Council Members Marx, Schwartz, Vice Mayor Romero and Mayor Settle
NOES: None
ABSENT: Council Member Ewan
The foregoing resolution was adopted this 19th day of October, 1999.
Mayor Allen Settle
TTES
Lee Price, City Clerk
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