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RESOLUTION NO. 9774 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING ITS INTENTION TO ISSUE TAX - EXEMPT OBLIGATIONS
TO ASSIST IN FINANCING THE WATER TREATMENT PLANT IMPROVEMENTS
AND THAT A PORTION OF THE PROCEEDS MAY BE USED TO REIMBURSE
RELATED EXPENDITURES INCURRED PRIOR TO THEIR ISSUANCE
WHEREAS, the Council of the City of San Luis Obispo (the "City ") is undertaking
proceedings to construct improvements at the water treatment plant (the "Project "); and
WHEREAS, in order to provide funds to finance the Project the City, intends to issue
and sell its tax- exempt Water Revenue Bonds in the aggregate principal amount of approximately
$11.5 million for the Project (the "Bonds "); and
WHEREAS, in order to use the proceeds of the Bonds to reimburse advances made by
the City for the Project before the date of issuance of the Bonds, but not more than sixty (60)
days before the date of adoption of this Resolution, Section 1.150 -2 of the United States Income
Tax Regulations requires that Council declare its intention to reimburse such advances from the
proceeds of the Bonds; and
WHEREAS, it is in the public interest and for the public benefit that the City declare its
official intent to reimburse the expenditures referenced herein.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Declaration of Intent. The Council hereby declares that it reasonably
expects the Bonds to be issued by the City, and that a portion of the proceeds thereof may be
used to reimburse expenditures made by the City for the Project before the date of issuance of the
Bonds, and not more than sixty (60) days before the date of adoption of this Resolution. The
Bonds shall be issued in an aggregate principal amount which is sufficient to raise funds for the
Project in the approximate amount of $11.5 million.
SECTION 2. Effective Date. This Resolution shall take effect from and after the date
of its passage and adoption.
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Resolution No. 9774 (2006 Series)
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On motion of Council Member Ewan, seconded by Vice Mayor Settle, and on the
following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 7th day of March 2006.
Mayor David F. Romero
ATTEST:
Audrey Ho r
City Clerk
APPROVED AS TO FORM:
Jonat well
City Attorney
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RESOLUTION NO. 9773 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE DISASTER MITIGATION ACT (DMA 2000)
CITY OF SAN LUIS OBISPO LOCAL HAZARD MITIGATION PLAN
WHEREAS, the Local Hazard Mitigation Planning Team has drafted a Local Hazard
Mitigation Plan to advance better mitigation planning and projects within the City of San Luis
Obispo and,
WHEREAS, each City department and the public has contributed to this planning
approach under the direction of the Federal Disaster Mitigation Act of 2000 and,
WHEREAS, the San Luis Obispo City Council agrees to abide by the Disaster
Mitigation Act 2000 guidance and grant guidelines and this plan represents the compliance with
same;
NOW, THEREFORE, BE IT RESOLVED that the plan entitled "City of San Luis
Obispo Local Hazard Mitigation Plan" is formally adopted as our plan and road map to amore
disaster resistant community.
On motion of Council Member Ewan, seconded by Vice Mayor Settle, and on the
following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland,
Vice Mayor Settle and Mayor Romero
NOES: None
ABSENT: None
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Resolution No. 9773 (2000 Series)
Page 2
The foregoing Resolution was passed and adopted this 7th day of March 2006.
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Mayor David F. Romero
ATTEST:
Audrey Ho er
City Clerk
APPROVED AS TO FORM:
Jona . Lowell
City Attorney
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RESOLUTION NO. 9772 (2006 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE ESTABLISHMENT OF INCREASED PARKING CITATION FINES;
INCREASED PARKING METER & STRUCTURE RATES; INCREASED HOURS OF
OPERATION FOR THE MARSH STREET STRUCTURE; INSTALLATION OF
ADDITIONAL PARKING METERS; THE ADDITION OF SUNDAY PARKING
SERVICES; AND REPEALING INCONSISTENT FEES, FINES, AND HOURS IN
PRIOR RESOLUTIONS.
WHEREAS, State law provides, in Vehicle Code Section 40203.5, that cities establish
the amount of parking penalties, fees and surcharges; and
WHEREAS, State law authorizes the City to recover administrative fees, parking
penalties, fees and collection costs related to civil debt collection, late penalties and other related
charges; and
WHEREAS, the parking program needs to continue to be self - sufficient for its financial
commitments; and
WHEREAS, the City has the support of the Downtown Association and the Chamber of
Commerce to implement changes in the parking structure and lot rates; and
WHEREAS, the City wishes to provide secure and user friendly parking for all users of
the parking structures; and
WHEREAS, the City needs to financially support the operation and debt service of the
next City parking structure; and
WHEREAS, the Council has considered the staff report and held a public hearing on the
proposed changes to the parking structure rates and hours and monthly and daily fees for
parking.
NOW THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective July 1, 2006 Modify Parking Fines as follows:
a) increase expired meter violation (SLOMC Section 10.52.050) to $15, and an
additional $1 each year thereafter for five subsequent years,
b) increase no residential permit violation (SLOMC Section 10.36.200) to $25,
C) increase prohibited parking violation (SLOMC Section 10.36.040) to $40,
d) increase overtime parking violation (SLOMC Section 10.40.010) to $20,
e) increase overnight parking, 3 a.m. to 5 a.m. violation (SLOMC Section
10.40.080) to $25, and
f) increase commercial loading zone violation (SLOMC Section 10.44.030) to $40.
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Resolution No. 9772 (2006 Series)
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SECTION 2. Modify Parking Meter and Structure Rates as follows:
1.) Effective July 1, 2006:
a) increase all Downtown core meter rates with 2 hour limits or less to $1.00 an
hour,
b) increase all 10 -Hour meter rates to $0.75 an hour.
2.) Effective July 1, 2009:
a) increase all Downtown core meter rates with 2 hour limits or less to $1.25 an
hour,
b) increase all 10 -Hour meter rates to $1.00 an hour.
3.) Effective July 1, 2006 increase hours of operation in the Marsh Street parking
structure Monday through Wednesdays until 10:00 p.m.
4.) Effective July 1, 2009, increase all hourly structure rates to $1 an hour.
SECTION 3. Prior to July 1, 2006, install additional parking meters as follows:
a) add parking meters on Slack Street (1400 to 1500 Blocks on the north side and
on the south side adjacent to Pacheco School) from Grand to Hathway
b) add parking meters on 700 Block of Pismo (between Chorro and Broad)
Upon motion of Council Member Ewan, seconded by Council Member Brown and
on the following roll call vote:
AYES: Council Members Brown and Ewan and Mayor Romero
NOES: Council Member Mulholland and Vice Mayor Settle
ABSENT: None
The foregoing resolution was passed and adopted this 21" day of February 2006.
Mayor David F. Romero
ATTEST:
- 14-el vo LC/7 0 J
Audrey Hoo r
City Clerk
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Resolution No. 9772 (2006 Series)
Page 3
APPROVED AS TO FORM:
Jo an P. Lowell
City Attorney
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RESOLUTION NO. 9771(2006 SERIES)
A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING
IN CONCEPT
AMENDMENTS TO THE LAND USE ELEMENT MAP AND ZONING MAP
DESIGNATIONS FROM NEIGHBORHOOD COMMERCIAL TO
COMMUNITY COMMERCIAL FOR PROPERTY AT
32109 32129 3220, 32309 3240 BROAD STREET
GP/R/ER 78 -05
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on December 14, 2005 and voted to recommend approval of map amendments
pursuant to application GP/R/ER 78 -05, Dan Lemburg, applicant; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on February
21 and February 28, 2006, for the purpose of considering Application GP/R/ER 78 -05; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the Council has reviewed and considered the Mitigated Negative
Declaration of environmental impact for the project; and
WHEREAS, the Council has duly considered all evidence, including the
recommendation of the Planning Commission, testimony of interested parties, and the evaluation
and recommendations by staff, presented at said hearing.
BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows:
SECTION 1. Findings.
1. The City Council finds and determines that the project's Negative Declaration adequately
addresses the potential environmental impacts of the proposed project, and reflects the
independent judgment of the Commission.
2. The proposed rezoning is consistent with General Plan Land Use Element policies
regarding Community Commercial zoning, which designate such districts for locations
that are appropriate to serve the community in its entirety rather than just the adjacent
neighborhood.
3. The existing property is not suited to remain restricted to neighborhood serving uses (C -N
zoning) since the location of the site at the corner of high volume arterial roadways acts
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Resolution No. 9771 (2006 bevies)
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as a community-wide center accessible to users from a wide region of the City.
4. This project site is subject to criteria which clearly necessitate an S overlay zone in order
to ensure adequate review and create a specifically refined list of allowed land uses. The
commercial center's proximity to a creek, the size and configuration of the property and
adjacent high density residential uses warrant the refined land use list.
SECTION 2. Action.
The Council does hereby approve. the proposed General Plan amendment, Rezone and
Master Use Permit in concept, as shown on attached Exhibit A, and directs'staff to return
the project to Council with a resolution approving a Mitigated Negative Declaration of
environmental impact and amendment to the General Plan Land Use Element Map, and
an ordinance changing the zoning of the subject property.
Conditions:
1. The Master Use Permit shall refine the land use list for the Community Commercial zone
for the properties subject to this resolution. Approval of the Master Use Permit will
eliminate the need for Administrative Use Permit approval only for those uses listed
within the allowed use section of the land use list in attached exhibit A. All other listed
uses shall require a Use Permit.
On motion of Council Member Ewan, seconded by Council Member Brown, and on
the following roll call vote:
AYES: Council Members Brown and Ewan and Mayor Romero
NOES: Council Member Mulholland and Vice Mayor Settle
ABSENT: None
The foregoing resolution was passed and adopted this 21" day of January 2006.
Mayor David F. '• •
ATTEST:
Audrey Hoope
City Clerk
Resolution No. 9771 (2006 Series)
Page 3
APPROVED AS TO FORM:
City Attorney
General Plan and Zoning Map Change from Neighborhood Commercial
to Community Commercial with Special Considerations for 3210, 3212,
Exhibit A
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RESOLUTION NO. 9770 (2006 Series)
RESOLUTION REVOKING THE CERTIFICATE OF PUBLIC CONVENIENCE AND
NECESSITY FOR CENTRAL COAST TAXI CAB COMPANY
WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi
service for its citizens; and
WHEREAS, City Council of the City of San Luis Obispo approved a Certificate of
Public Convenience and Necessity to Central Coast Taxi Cab in 1996; and
WHEREAS, Municipal Code 5.20.100 requires certificate holders to provide taxi
services twenty four hours a day, seven days a week; and
WHEREAS, Central Coast Taxi Cab Company has failed to comply with the provisions
of Municipal Code 5.20.100; and
WHEREAS, the City has sent notification to Central Coast Taxi Cab Company of the
City's intent to revoke Central Coast Taxi Cab Company's Certificate of Public Convenience
and Necessity.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo that the Certificate of Public Convenience and Necessity for Central Coast Taxi Cab
Company is hereby revoked.
Upon motion of Council Member Brown, seconded by Council Member Mulholland and
on the following roll call vote:
AYES: Council Members Brwon, Ewan and Mulholland, Vice Mayor Settle and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21" day of February 2006.
CL�
Mayor David F. Romero
ATTEST:
J-- �� 4rzlr24�04 -
Audrey Ho er
City Clerk
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Resolution No. 9770 (2006 Series)
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APPROVED AS TO FORM:
Jonathan P. Lowell
City Attorney
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RESOLUTION NO. 9769 (2006 Series)
APPROVING AN HISTORIC PROPERTY PRESERVATION AGREEMENT
BETWEEN THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE
COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND STEVE AND
LAURIE BUTLER, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 497
ISLAY STREET, IN SAN LUIS OBISPO.
WHEREAS, the City Council of the City of San Luis Obispo is authorized by California
Government Code Section .50280 et seq. (Known as "the Mills Act ") to enter into contracts with
the owners of qualified historical properties to provide for appropriate use, maintenance, and
rehabilitation such that these historic properties retain their historic characteristics; and
WHEREAS, the City Council adopted Resolution No. 9136 (2000 Series), establishing
the Mills Act Historic Property Tax Incentive Program as an on -going historic preservation
program to promote the preservation, maintenance and rehabilitation of historic resources
through financial incentives; and
WHEREAS, Steve and Laurie Butler (hereinafter "owners ") possess fee title in and to
that certain qualified real property, together with associated structures and improvements
thereon, located on Assessor's Parcel Number 003 - 622 -017, located at 497 Islay Street, San Luis
Obispo, California 93401, also described as the Vollmer Home, (hereinafter referred to as the
"historic property "); and
WHEREAS, the City Council of the City of San Luis Obispo has designated this
property as an historic resource of the City of San Luis Obispo pursuant to the policies in the
City's Historic Preservation Program Guidelines; and
WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this
agreement to limit the use of the property to prevent inappropriate alterations and to ensure that
character - defining features are preserved and maintained in an exemplary manner, and repairs
and/or improvements are completed as necessary to carry out the purposes of California
Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and
to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. seg. of the Revenue
and Taxation Code; and
WHEREAS, as provided by adopted procedures, the Cultural Heritage Committee held a
public hearing on January 23, 2006 to consider a request by the owners to enter into a Mills Act
Contract with the City; and
WHEREAS, at said hearing the Cultural Heritage Committee recommended that the
Council approve a Mills Act Contract to promote preservation of the historic property.
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Resolution No. 9769 (2006 Series)
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NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis
Obispo based on the Cultural Heritage Committee's recommendation, documentation for the
property on file in the Community Development Department, public testimony, the staff report,
and on the City's Historical Preservation Program Guidelines, the following:
SECTION 1. Historic Preservation Agreement approved. The City Council hereby approves
the attached historic preservation agreement between the City of San Luis Obispo and the
owners, Attachment 1.
SECTION 2. Mayor Authorized to Sign Agreement for City. The City Council hereby
authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis
Obispo.
SECTION 3. Environmental Determination. The City Council has determined that the above
actions do not constitute a project, as defined by Section 15378 of the California Environmental
Quality Act and are exempt from environmental review.
SECTION 4. Recordation of the Agreement. No later than twenty (20) days after the parties
execute and enter into said agreement, the City Clerk shall cause this agreement to be recorded in
the Office of the County Recorder of the County of San Luis Obispo.
Upon motion of Vice Mayor Settle, seconded by Council Member Brown, and on the following
roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 20 of February 2006.
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Resolution No. 9769 (2006 Series)
Page 3
A T: 4
Audrey Hoope
City Clerk
Jona well
City Attorney
Mayor David F. Romero
HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF
SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT
497 (SLAV STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF
CALIFORNIA.
THIS AGREEMENT is made and entered into this 21st day of February, 2006, by and between
the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City'), and
Steve and Laurie Butler (hereinafter referred to as "Owners "), and collectively referred to as the
"parties."
Section 1. Description of Preservation Measures. The owners, their heirs or assigns hereby
agree to undertake and complete, at their expense, the preservation, maintenance and
improvements measures described in "Exhibit A ", attached hereto.
Section 2. Effective Date and Term of Agreement. This agreement shall be effective and
commence upon recordation, and shall remain in effect for an initial term of ten (10) years
thereafter. Each year upon the anniversary of the agreement's effective date, such initial term
will automatically be extended as provided in California Government Code Section 50280
through 50290 and in Section 3, below.
Section 3. Agreement Renewal and Non - renewal.
A. Each year on the anniversary of the effective date of this agreement (hereinafter referred
to as "annual renewal date "), a year shall automatically be added to the initial term of this
agreement unless written notice of nonrenewal is served as provided herein.
B. If the Owner or the City desires in any year not to renew the agreement, the Owner or the
City shall serve written notice of nonrenewal of the agreement on the other party. Unless
such notice is served by the Owner to the City at least ninety (90) days prior to the annual
renewal date, or served by the City to the Owner at least sixty (60) days prior to the
annual renewal date, one (1) year shall automatically be added to the term of the
agreement as provided herein.
C. The Owner may make a written protest of the notice. The City may, at any time prior to
the annual renewal date, withdraw its notice to the Owner of nonrenewal.
D. If either the City or the Owner serves notice to the other party of nonrenewal in any year,
the agreement shall remain in effect for the balance of the term then remaining.
Section 4. Standards and Conditions. During the term of this agreement; the historic property
shall be subject to the following conditions:
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f Iistoric Property Agreement, 497 Islay Street
Page Z
A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the
property and its character - defining features, Including: the building's general
architectural form, style, materials, design, scale, proportions, organization of windows,
doors, and other openings; interior architectural elements that are integral to the
building's historic character or significance; exterior materials, coatings, textures, details,
mass, roof line, porch and other aspects of the appearance of the building's exterior, as
described in Exhibit B, to the satisfaction of the Community Development Director or his
designee.
B. If the building's interior closely relates to the property's eligibility as a qualified historic
property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval
of the Community Development Director or his designee.
C. All building changes shall comply with applicable City specific plans, City regulations
and guidelines, and conform to the rules and regulations of the Office of Historic
Preservation of the California Department of Parks and Recreation, namely the U.S.
Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for
Historic Preservation Projects. Interior remodeling shall retain original, character -
defining architectural features such as oak and mahogany details, pillars and arches,
special tile work or architectural ornamentation, to the greatest extent possible.
D. The Community Development Director shall be notified by the Owner of changes to
character- defining exterior features prior to their execution, such as major landscaping
projects and tree removals, exterior door or window replacement, repainting, reproofing,
remodeling, or other exterior alterations requiring a building permit. The Owner agrees
to secure all necessary City approvals and/or permits prior to changing the building's use
or commencing construction work.
E. Owner agrees that property tax savings resulting from this agreement shall be used for
property maintenance and improvements as described in Exhibit A.
F. The following are prohibited: demolition or partial demolition of the historic building or
accessory buildings; exterior alterations or additions not in keeping with the standards
listed above; dilapidated, deteriorating or unrepaired structures such as fences, roofs,
doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture
visible from a public way; or any device, decoration, structure or vegetation which is
unsightly due to lack of maintenance or because such feature adversely affects, or is
visually incompatible with, the property's recognized historic character, significance and
design, as determined by the Community Development Director..
G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior
Historic Property Agreement, 497 Islay Street
Page 3
G. and exterior of the historic property by representatives of the County Assessor, the State
Department of Parks and Recreation, the State Board of Equalization, and the City, as
may be necessary to determine the owners' compliance with the terms and provisions of
this agreement.
Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all
information requested by the City which may be necessary or advisable to determine compliance
with the terms and provisions of this agreement.
Section 6. Cancellation.
A. The City, following a duly noticed public hearing by the City Council as set forth in
Government Code Section 50285, may cancel this agreement if it determines that the
Owner has breached any of the conditions of this agreement or has allowed the property
to deteriorate to the point that it no longer meets the standards for a qualified historic
property; or if the City determines that the Owner has failed to preserve, maintain or
rehabilitate the property in the manner specified in Section 4 of this agreement. If a
contract is canceled because of failure of the Owner to preserve, maintain, and
rehabilitate the historic property as specified above, the Owner shall pay a cancellation
fee to the State Controller as set forth in Government Code Section 50286, which states
that the fee shall be 12 1/2% of the full value of the property at the time of cancellation
without regard to any restriction imposed with. this agreement.
B. If the historic property is acquired by eminent domain and the City Council determines
that the acquisition frustrates the purpose of the agreement, the agreement shall be
canceled and no fee imposed, as specified in Government Code Section 50288.
Section 7. Enforcement of Agreement.
A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced
herein, the City may specifically enforce, or enjoin the breach of, the terms of the
agreement. In the event of a default, under the provisions to cancel the agreement by the
Owner, the City shall give written notice of violation to the Owner by registered or
certified mail addressed to the address stated in this agreement. If such a violation is not
corrected to the reasonable satisfaction of the Community Development Director or
designee within thirty (30) days thereafter; or if not corrected within such a reasonable
time as may be required to cure the breach or default of said breach; or if the default
cannot be cured within thirty (30) days (provided that acts to cure the breach or default
may be commenced within thirty (30) days and shall thereafter be diligently pursued to
completion by the Owner); then the City may, without further notice, declare a default
under the terms of this agreement and may bring any action necessary to specifically
enforce the obligations of the Owner growing out of the terms of this agreement, apply to
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Historic Property Agreement, 497 Islay Street
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any court, state or federal, for injunctive relief against any violation by the owners, or
apply for such relief as may be appropriate.
B. The City does not waive any claim of default by the Owner if the City does not enforce or
cancel this agreement. All other remedies at law or in equity which are not otherwise
provided for in this agreement or in the City's regulations governing historic properties
are available to the City to pursue in the event that there is a breach or default under this
agreement.. No waiver by the City of any breach or default under this agreement shall be
deemed to be a waiver of any other subsequent breach thereof or default herein under.
C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to
resolve disputes or grievances growing out of this contract.
Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property
located at 497 Islay Street, San Luis Obispo, California, to the covenants, reservations, and
restrictions as set forth in this agreement. The City and Owner hereby declare their specific
intent that the covenants, reservations, and restrictions as set forth herein shall be deemed
covenants running with the land and shall pass to and be binding upon the Owner's successors
and assigns in title or interest to the historic property. Every contract, deed, or other instrument
hereinafter executed, covering or conveying the historic property or any portion thereof, shall
conclusively be held to have been executed, delivered, and accepted subject to the covenants,
reservations, and restrictions expressed in this agreement regardless of whether such covenants,
restrictions, and reservations are set forth in such contract, deed, or other instrument.
Section 9, Notice. Any notice required by the terms of this agreement shall. be sent to the
address of the respective parties as specified below or at other addresses that may be later
specified by the parties hereto.
To City: Community Development Director
City of San Luis Obispo
990 Palm Street
San Luis Obispo, CA 93401
To Owners: Steve and Laurie Butler
497 Islay Street
San Luis Obispo, CA 93401
Section 10. General Provisions.
A. None of the terms, provisions, or conditions of this agreement shall be deemed to create a
partnership between the parties hereto and any of their heirs, successors or assigns, nor
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Historic.Property Agreement, 497 Islay Street
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shall such terms, provisions, or conditions cause them to be considered joint ventures or
members of any joint enterprise.
B. • The Owner agrees to hold the City and its elected and appointed officials, officers, agents,
and employees harmless from liability for damage, or from claims for damage for
personal injuries, including death, and claims for property damage which may arise from
the direct or indirect use or activities of the Owner, or from those of their contractor,
subcontractor, agent, employee or other person acting on the Owner's behalf which
relates to the use, operation, maintenance, or improvement of the historic property. The
Owner hereby agrees to and shall defend the City and its elected and appointed officials,
officers, agents, and employees with respect to any and all claims or actions for damages
caused by, or alleged to have been cause by, reason of the Owner's activities in
connection with the historic property, excepting however any such claims or actions
which are the result of the sole negligence or willful misconduct of City, its officers,
agents or employees.
C. This hold harmless provision applies to all damages and claims for damages suffered, or
Alleged to have been suffered, and costs of defense incurred, by reason of the operations
referred to in this agreement regardless of whither or not the City prepared, supplied, or
approved the plans, specifications or other documents for the historic property.
D. All of the agreements, rights, covenants, reservations, and restrictions contained in this
agreement shall be binding upon and shall inure to the benefit of the parties herein, their
heirs, successors, legal representatives, assigns, and all persons acquiring any part or
portion of the historic property, whether by operation of law or in any manner
whatsoever.
E. In the event legal proceedings are brought by any party or parties to enforce or restrain a
violation of any of the covenants, reservations, or restrictions contained herein, or to
determine the rights and duties of any party hereunder, the.prevailing party in such
Proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition
to court costs and other relief ordered by the court.
F. In the event that any of the provisions of this agreement are held to be unenforceable or
invalid by any court of competent jurisdiction, or by subsequent preemptive legislation,
the validity and enforceability of the remaining provisions, or portions thereof, shall not
be effected thereby.
G. This agreement shall be construed and governed in accordance with the laws of the State
of California.
1-listo6c Properly Agreement. 497 Islay Strect
Pagc 6
Section 11. Amendments. This agreement may be amended, in whole or in part, only by a
written recorded instrument executed by the parties hereto.
Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and
enter into this agreement, the City shall cause this agreement to be recorded in the office of the
County Recorder of the County of San Luis Obispo. Participation in the program shall be at no
cost to the Owner; however the City may charge reasonable and necessary fees to recover direct
costs of executing, recording, and administering the historical property contracts.
IN WITNESS WHEREOF, the city and owners have executed this agreement on the day
and year written above.
CITY OF SAN LUIS OBISPO
���
David F. Romero, Mayor
OWNERS
B
Steve Butler
Laurie Butler
STATE OF CALIFORNIA
COUNTY 1 F SAN LUIS OBIS1
On this day of
for said State, p onally appeared
the City of San Lu Obispo, a mui
the State of Californ .
v -C6 -a0 011�
Date APPROVED AS TO FORM:
i� ONATHAN P. LOWELL
City Attorney
Date
(Dt.- 4a, -64o
Date
jss. \thendersigned, 2006, before m a Notary Public in and
own to me to be the mayor of
I corporation ed organized under the laws of
my hand and\official seal.
N
STATE OF CALIFORNIA
)ss
COUNTY OF SAN LUIS OBISPO )
Cl
On March 8, 2006, before me Audrey Hooper, City Clerk, personally appeared David F.
Romero, Mayor, CITY OF SAN LUIS OBISPO, personally known to me (or proved to me on
the basis of satisfactory evidence) to be the person(s) whose name(s) is /are subscribed to the
within instrument and acknowledged to me that he /she /they executed the same in his /her /their
authorized capacity(ies), and that by his/her /theirsignature(s) on the instrument the person(s), or
the entity upon behalf of which the person(s) acted, executed the instrument.
WITNESS my hand and official seal.
Signature
City Jerk
(Seal)
EXHIBIT A
MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT
497 1SLAY STREET, SAN LUIS OBISPO, CALIFORNIA.
1. Owner shall preserve, maintain, and repair the historic building, including its character -
defining architectural features in good condition, to the satisfaction of the Community
Development Director or designee, pursuant to a Mills Act Preservation Contract with the City of
San Luis Obispo for property located at 497 Islay Street. Character - defining features shall
include, but are not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural
detailing, doors and windows, window screens and shutters, balustrades and railings,
foundations, and surface treatments.
2. Owner agrees to make the follow,** - Improvements and/or repairs during the term of this
contract, but in no case later than J� , 2016, or ten (10) years from the
contract date, which ever comes first. All changes or repairs shall be consistent with the City's
Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for the
Treatment of Historic Properties:
A. Repaint exterior walls and trim for house, garage and apartment.
B. Replace, repair or repaint fencing and archways as needed.
OWNERS
11-24-01 9
,,6kZ7-,e, 44&
Steve Butler
�La rie Butler
Date
Date
CALIFORNIA ALL -PURE, ACKNOWLEDGMENT
- - .. _ 1'�v_ti- �.�C'�C�.. _<.'.�,C1.L :�.1`C <�; .'.ni n.. _ .<<,'vi ^i- .(,���,.tii„ti,; •�ti;�ti�ti .•_�i
State of
County of
On _%44Ccrr,/ /a 2-00 6, before me, A01-1 /ee. 1Vh 4 oC_ NUr�c t 146y6Ue
Date
personally appeared ST-eme-
Name and Tale of OBicer (e g, 'Jane boe. Notary Publ ')
ZA&G Ie
personally known to me –
Name(s) of Signer(s)
to be the person(s)
whose name(s) Kare subscribed to the within instrument
and acknowledged to me that XWW /they executed the
same in hl~their authorized capacity(ies), and that by
V60VUtheir signature(s) on the instrument the person(s),
3
or the entity upon behalf of which the person(s) acted,
=
executed the instrument.
,tee (�'_'''J„r- '.•r, :.'l. C' - i. %:_., 6 � n:. , �,1
__
WITNESS my hand and official seal.
A
Signature of Notary Public
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer(s)
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other: Top of thumb here
Signer Is Representing:
Signer's Name:
❑ Individual
❑ Corporate Officer
Title(s):
❑ Partner — ❑ Limited ❑ General
❑ Attorney -in -Fact
❑ Trustee
❑ Guardian or Conservator
❑ Other:
Signer Is Representing:
RIGHT THUMBPRINT
OF SIGNER
(,) 1995 National Notary As social ion • 8236 Remmet Ave. PO Box 7184 • Canoga Park, CA 91309 -7184 Prod No, 5907 Reorder Call Toll -Free 1 800- 876.8821
J
State of California — The Resources Agency
DEPARTMENT OF PARKS.AIl -4, - "REATION
HISTORIC RESOURCES INVENTORY
IDENTIFICATION
1. Common name:
2. Historic name: Vnl lm, ., HnmP
J. Street or rural address`: 497 Islav
Ser. No. VV4 J —JJt\
NABS_ HAER NR SHL _ Loc_
UTM: A tn��i or ,,, :gnsc 08
C D
Attachment
City San Luis Obispo Zip 93401 County_ San Luis Obispo
4. Parcel number: 03- 622 -09
5. Present Owner: Grider, Ronald M. , et al. Address: P.O. Box .149
City Arroyo Grande Zip 9.3420 Ownership is: Public Private X
6. Present User Residential Original use: Residential
DESCRIPTION
7a. Architectural style: Eastern Shingle with Queen Anne motifs
7b. Briefly describe the present physical description of the site or structure and describe any major alterations from its
original condition:
This two storied T- shaped 'house at 4'97 Islav;displays some of the Queen
Anne style. Sitting on a raised wood foundation, the wood frame structure
is covered with shiplap siding below and fishscale shingles above, flairing
at the base and terminating with a boxed panel detailing at the apex of each
gable. The cross gabled roof is covered with both fishscales and plain
composition.shingles, The side gables project unevenly. The decorated
cornices.boxed.with frieze and brackets that join the wall to roof are
features of this late Victorian style. Each double hung window is trimmed
with decorated slipsill, and a small shed hood with brackets. At the side
gables two open porches are supported by turned columns. Turned spindles
make up the balustrade and are repeated at a smaller scale around the upper
porch. Noticeable additions are a rear shed roof two story and a stairway.
Four small sheds are at the rear. The house has been neglected.
DPR
ti
8. Construction date:
Estimated C. 1 Ago Factual
9. Architect TInkrnrwrn
10. Builder -- Unknown
11. Approx. property. size (in feet)
Frontage 12 1; � ._ _ Depth 1 C,
or approx. acreage
12. Date(s) of enclosed photograph(s)
December 1982
X F t tact �rnent
13. Condition: Excellent _G` � Fair_ Deteriorated No li,.,,_, .n existence
14. Alterations: Unknown (may have been "half house ")
15. Surroundings: (Check more than one if necessary) Open land ,_Scattered buildings _ Densely built -up
Residential X Industrial _Commercial Other:
16. Threats to site: None known X Private development_ Zoning_ Vandalism
Public Works project Other:
17. Is the structure: On its original site? Moved? Unknown? - -X
16. Related features:
SIGNIFICANCE
19. Briefly state historical and /or architectural importance (include dates, events, and persons associated with the site.)
If one looks carefully at the photograph of the house at 497 Islay and
then compares it to the picture of the residence at 1907 Chorro, he /she will
see an amazing resemblance. This structure (497 Islay) was built between
1886 and 1891. The similarity between the two farmhouse structures is so
striking that it is conceivable that they were each constructed from two
separate "half houses" which originally had been one house. Not an uncommon
practice in the 1880's and 1890's, splitting a house down the middle and
moving one or both halves was often done in transporting a residence from a
rural area to the city. It is only speci}lative, however, that these two houses
came from a common origin. The original owner or residents of the house are
not known. Mr. & Mrs. Edward Vollmer, early pioneers who operated a grocery
store, lived here in 1904. Charles Olgiati, owner /proprietor of a butcher
shop in the 1900's, resided. here with his wife and two children in 1906.
The later tenancy in 1914 of Henry Ahlf, an engineer, and his wife, Lillie,
suggests that the owners may not have resided here but rented it out.
20. Main theme of the historic resource: (If more than one is
checked, number in order of importance.)
Architecture 1 Arts & Leisure
Economic /Industrial —Exploration/Settlement
Government Military
Religion Social /Education
21. Sources (List books,documents, surveys, personal interviews
and th r d teal.
�an�oYn Fire Insurance Maps
(1886, 1891)
City Directory
History of San Luis.Obispo County by
Myron Angel, 1883.
22 Date form prepared JQ 15 1983
By (name) Historic Res, Survey Staff
Organization City of _San Luis. Obispo
Address: P.O. :Box 321
City San Luis Obispo Zip _ 93401
Phone: (805)_541 -1000-
Locational sketch map (draw and label site and
,surrounding streets, roads, and prominent landmarks):
O CITY OF SAN LUIS oi>rD Attachment 3
Reference No.
Photo No. Name
Parcel No. Phone �—
Evaluation Score Date l ,
Time
Reviewed by
HISTORICAL RESEARCH_ WORKSHEET Approved by
1. Address 497 Islay
2. Common Name
3. Historic Name
4, Present Use Unknown
5. Property Owner -
Mr. & Mrs. Ronals Gider & (Mrs. Fiscalini) A.G. 489 -5512
6. Approximate Lot Size or Acreage 100t x150'
7. Public
8. Structure Private
Object
9. Year Built _ District Other
- Factual Estimated --
10. Architect
Unknown
Source of Information
_
11. Builder _
Unknown Source of Information
12. Area Annexation Date -
13. Sewer Extension Date Source =
Source
14. Conditions
(A) Altered Unaltered -
(B) Excellent Good
Deteriorated _ Farr
15. Alterations Ruins Unexposed
16. Basic Historic Use Of Structure S enclosed
17.. Briefly state the architectural importance of Structure or object
18. Briefly state associations with significant historical Person (s) national) or events. Include dates. Cite sources of oral history, secondary research,
clipping ) (local, state or
Aping files, etc. Use an additional page, if necessary.
ES OLGIATI.— l he owner and pr( ,r of one of the modern
butch +'c�,.ops in San Luis Obispo, and a stanch supporter and advocate of
all progressive rnucements for the upbuilding of the county, Charles Olgiati
has 'YOn for himself a name and place in the business world by his own
efforts. Fie was born in Alilan, Italy, October 28, 1369, and was there edu-
cated in the public schools. At an early age he learned the trade of butcher,
after which he traveled and worked in various parts of Italy and Switzerland,
acquiring new ideas that made him more proficient in his calling; and for a
time he conducted a shop of his own at Pimonte, Italy.
In 1900 he arrived in America and found employment at his trade in the
Hotel Criterion at Forty -first street and Broadway, Meta York. Later he
went to Chicago and was engaged as sausage -maker with Armour & Co.; and
for a short time, also, he was employed by the Underwood Packing Co. He
had heard of the opportunities offered young men in California, and in 1903
turned his steps towards the Coast country. The first six months were
passed in Martinez, Contra Costa county. Desiring to investigate various
localities preparatory to embarking in business for himself, he went to
Keswick, Shasta county, and worked in the slaughter -house of the Mountain
Attachment
SAN LUIS OBISPO COUNTY AND E-NVIRONS 991
Copper Co.. and the fullowin Year, 1904, he came to San Luis Obispo C:uuitty
and for two years was emplo yed by C. T. Greenfield 'in the old Pacific \ larket.
Ha%inl- spent several profitable Years in this state, he took a vacation and
journeyed to his old home ill Milan. %there lie remained six months. Then
he returned to San Luis Obispo and formed a partnership with C. H. Hansen;
and for eight years they ran the Fulton 'Market on Chorro street. The part-
nership was then dissolved and, in 1914; 'Mr. Olgiati opened his present mod-
ern establishment on Monterey street, fitting it up NYith all modern con-
veniences and new fixtures, until now he has the best- equipped shop in the
county, and has built up an extensive trade in both city and enYfrons.
Besides this store he owns two hundred fifty acres of land and a slaughter=
house on Los Osos road, where he keeps and fattens from one hundred fifty
to two hundred head of cattle, and from six hundred to 1,000 hogs. fie also
has a fine cold- storage plant, where his meat is kept in excellent cot-idition;
.and in 1916 alone, more than 10,000 head of live stock -were sold by him
through his wholesale and retail trade. He has a secret feed that he gives
his stock, which are all stall -fed, and uses about seventy carloads of feed
annually.
Mr. Olgiati has kept abreast of the times; and when devices have been
introduced for more sanitary methods of handling meat or stock, he has
installed them in his own departments of business. He employs seven men
and two automobiles, and has prospered financially.
In 1906, Mr. Olgiati became a citizen of the United States. Sotne
years ago he was united in marriage with Clara 1Visberg, who was born, one
of triplets, in San Luis Obispo County. Air. and Airs. Olgiati have two
children, Frank J. and John L., to brighten their comfortable home, which
they own and occupy at-97 lslay street_ where they are surrounded by the
cotrtforts trade possible by his business success.
O `D ' Attachment _
HISTORICAL RESEARCH
MARCH, 1983
497 Islay Stcorner of Islay and Beach Sts.)
San Luis Obispo, Ca.
Lot #3 `Block #52
Present Owners as of 2 -10 -80
Mr. & Mrs. Ronald Grider (Grider Metal ) P.O. Box 149
Arroyo Grande, Ca. 93420, & Mrs. Alice Fiscalini, address unknow
phone 543 -1018 Source: County Assessor's office.
Quite clain deed from Mrs. Fiscalini to Grider for$135.00
12- 19 -80. (see enclosed on Fiscalini Family)
Source.: County Recorders' Office.
ME
quit clain deed from the board of trustes of san luis obispo
to ANGEL CHAVES Feb. 5th 1872 for the sum of $10.00 to his
heirs and assigns forever all the right of Lot #3 Block. #52.
Harris & Wards Survey and Maps of the Town of San Luis Obispo.
Signed W.W. Hays Press. Board
Charles Dana Sect.
Source:Title Insurance & Trust Co. & Recorded Book D Page 55
Book of Deeds., County Recorders' Office
1874
CHAVES JOSE ANGEL DEEDED TO PEDRO AGNELLINI on May 23, 1874,
for the sum of $400.00 in gold Lot #3 Block #52•
Source: Recorded Book F page 82 Book of Deeds, County Recorders
Office.
1879
AGNELLINE PEDRO DEEDED TO MRS. MARIA ANDREA M. DE_ CHAVEZ
on July 2, 1879 for the sum of $1.00 in gold Lot 93 Block #52.
SOURCE: Recorded Book L page 451 Book of Deeds County Recorders
Office.
1891
Sanborn Map shows structure on Lot #3 Block #52•
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RESOLUTION NO. 9768 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO
POLICE STAFF OFFICERS' ASSOCIATION FOR THE PERIOD OF
JULY 19 2004 — JUNE 30, 2007
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and
the San Luis Obispo Police Staff Officers' Association ( SLOPSOA), attached hereto as Exhibit
"A" and incorporated herein by this reference, is hereby adopted and ratified.
SECTION 2. The Finance and Information Technology Director shall adjust the
Personnel Services appropriation accounts to reflect the negotiated compensation changes.
SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the
executed Memorandum of Agreement approved by it to: Steve Tolley, SLOPSOA President and
Monica Irons, Director of Human Resources.
Upon motion of Vice Mayor Settle, seconded by Council Member Brown, and on the
following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21" day of February 2006.
Mayor David F. Romero
WOO &IN
aA,e", �
Audrey H per
City Cler
APPROVED AS TO FORM:
Jonat well
City Attorney
Cj
MEMORANDUM OF AGREEMENT
BETWEEN
THE CITY OF SAN LUIS OBISPO
AND THE
SAN LUIS OBISPO
POLICE STAFF OFFICERS' ASSOCIATION
JULY 1, 2004 -JUNE 30, 2007
city or
san lugs oBIspo
TABLE OF CONTENTS .
Article No. Title Page No.
1 Parties to Agreement ................................... ..............................1
2 Recognition ................................................. ..............................2
3 Check Off/Dues Deduction ......................... ..............................3
4 Employee Rights ........................................ ..............................4
5 Management Rights .................................... ..:...........................5
6 Representative Role .................................... ..............:...............6
7 Renegotiations ............................................ ..............:...............7
8 Salary ....................:.......:.........:.....;..:;......:.. ..............................8
9 Overtime .......::........................................... .............................13
10 Payday ........................................................ .............................20
11 General Provisions ..................................... .............................21
12 Health Care Insurance ..........................:..... ..:...................:......22
13 Retirement .................................................. .............................26
14 Uniform Allowance ................................... .............................27
15 Holidays ......................::...:.......:................. .............................28
16 Vacation Leave .......................................... .............................30
17 Administrative Leave ................................. .............................32
18 Sick Leave....: .:.:....................................... .............................33
19 Family Leave ............................................. .............................34
20 Bereavement Leave ........................:........... .............................36
21 Catastrophic Leave .................................... .............................37
22 Workers' Compensation Leave ................. .............................39
0
Table of Contents. Continued
Article No. Title Page No.
23
Jury Duty and Military Leaves ................... .............................40
24
Grievance Procedure .................................. .............................41
25
Disciplinary Action ........ ............................... ..........................
43
26
Impasse Procedure ....:......::...........:...:........ .............................44
27
SWAT Sergeants ....................................... .............................46
28
Reopeners .................................................. .............................47
29
Full Agreement .......................................... .............................48
30
Savings Clause ........................................... .............................49
31
Term of Agreement .................................... .............................50
32
Authorized Agents ..................................... .............................51
33
Signatures .................................................. .............................52
lam-
ARTICLE 1
PARTIES TO AGREEMENT
This Agreement is made and entered into this, 21" day of February, 2006, by and between the
City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Police
Staff Officers' Association, hereinafter referred to as the Association.
1
n
ARTICLE 2 .
RECOGNITION
C
Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620 (1989
Series), the City hereby recognizes the San Luis Obispo Police Staff Officers Association as
the exclusive bargaining representative for purposes of representing regular and probationary
employees occupying the position classifications of Police Sergeant, Police Lieutenant, Police
Captain, Communications Supervisor, Police Records Supervisor, and Communications and
Records Manager for the duration of this Agreement.
2
ARTICLE 3
CHECK OFF/DUES DEDUCTION
3.1 The City shall deduct dues from City employees and remit said dues to the Association
on a semi - monthly basis for the duration of this Agreement, which dues shall not
include assessments.
3.2 Monthly dues deduction, additions, and/or deletions shall be recorded by the City's
Finance Officer and a notification of all dues transactions shall be sent semi - monthly
to the Association President.
3:3 The Association shall hold the City harmless from any and all claims, and will
indemnify it against any unusual costs in implementing these provisions.
3
ARTICLE 4
EMPLOYEE RIGHTS
Employees of the City shall have the right to form, join and participate in the activities of
employee organizations of their own choosing for the purpose of representation on all matters
of employer - employee relations including, but not limited to, wages, hours and other terms
and conditions of employment. Employees of the City also shall have the right to refuse to
join or participate in the activities of employee organizations and shall have the right to
represent themselves individually in their employment relations with the City. No employee
shall be interfered with, intimidated, restrained, coerced or discriminated against because of
the exercise of these rights.
4
ARTICLE 5
MANAGEMENT RIGHTS
1�
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 government operations; determine
the methods, means and personnel by which government operations are to be conducted;
determine the content of the 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 for performing its work.
5
ARTICLE' 6
REPRESENTATIVE ROLE
Members of the Association may, by a reasonable method, select not more than three
employee members and one employee observer to meet and confer with the Municipal
Employee Relations Officer and other management officials (after written certification of such
selection is provided by the Association) on subjects within the scope of representation during
regular duty or work hours without loss of compensation or other benefits. The Association
shall, whenever practicable, submit the name(s) of each employee representative to the
Municipal Employee Relations Officer at least two working days in advance of such meetings.
Provided further:
(1) That no employee representative shall leave his or her duty or work station or
assignment without specific approval of the Police Chief or other authorized City
management officials: If employee representatives cannot be released, the date of
the meeting will be rescheduled in accordance with item (2) below.
(2) That any such meeting is subject to scheduling by City management consistent
with operating needs and work schedules. Nothing provided herein, however,
shall limit or restrict City management from scheduling such meetings before or
after regular duty or work hours..
0
ARTICLE 7
RENEGOTIATIONS
If at the expiration of the term of this Agreement, either party wishes to make changes to this
Agreement, that party shall serve upon the other its written request to negotiate, as well as its
initial proposals for an amended Agreement. Such notice and proposals must be submitted to
the other party between 15 April and I May 2007. If notice is properly and timely given,
negotiations shall commence no later than 15 May.
7
ARTICLE 8
SALARY
8.1 SALARY PROVISION FOR THE TERM OF AGREEMENT
The City strives to compensate police management classifications at a reasonable level
above the classifications they supervise. Typically a difference of 15% between
vertical classifications is targeted, with the specific percentage determined by internal
and external comparability data, City finances, and other labor relations factors and
considerations.
The parties agree to salary increases as set forth below to be effective on the first day of
the first full payroll period in the month listed, for all employees in the Association
employed by the City on the date this agreement is formally approved by the City
Council:
July 2004
2.0%
January 2005
1.0%
July 2005
2.0%
January 2006
1.5%
July 2006
2.0%
January 2007
2.0%
In addition to the above - listed salary increases, the following classifications shall
receive an equity salary increase on July 13, 2006:
Police Captains 4.0%
Communications Supervisors 2.0%
8.2 RULES GOVERNING STEP INCREASES:
The following rules shall govern step increases for employees:
1. Each salary range consists of six steps (A through F). Steps A through E equal
95% of the next highest step, computed to the nearest one dollar.
0
n
Step E = 95% of Step F
Step D = 95% of Step E
Step C = 95% of Step D
Step B = 95% of Step C
Step A = 95% of Step B
Each across -the board % salary increase shall raise step F of the respective range
by the %. After all step F's of salary ranges have been established, each step F
shall be rounded off to the nearest $1.00 and the remaining steps established in
accordance with the above formula.
2. The time in step progression for employees with satisfactory performance will be
as follows:
1 year at Step A
1 year at Step B
1 year at Step C
1 year at Step D
1 year at Step E
3. Employees who are eligible for advancement to step E or F must receive a "Meets
Performance Standards" or better on the overall rating on their most recent
Performance Appraisal prior to or coincident with their being eligible for
advancement by time in grade.
4. The Police Chief shall be authorized to reevaluate employees who reach Step F in
their pay range. An employee who is not performing up to standard for the sixth
step shall be notified in writing that the Police Chief intends to reduce him/her
one step unless his/her job performance improves significantly within a 60 day
period. Unless the employee's job performance improves to an acceptable level
by the end of 60 days, the pay reduction shall then become effective. The sixth
step may be reinstated at any time upon recommendation of the Police Chief. If
the Police Chief deems it necessary to again remove the sixth step during the same
fiscal year, he/she may make the change at any time with three business days'
advanced written notice.
9
8.3 SALARY RANGE LISTING - July 2004 THROUGH JUNE 2007
July 2004
Step 2
Step 3
Step 4
Step 5
Step 6
Monthly/
Monthly/
Monthly/
Monthly/
2% all employees
Monthly/
Bi -Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
5,684
5;984
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Job
Salary
3;221
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Code
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
BI-Weekly
8010
800
Police Sergeant
5,628
5,924
6;236
6,564
6,909
7,273
4,255
3,962
4,171
2,597
2,734
2,878
3,030
3,189
3,357
8030
805
Police lieutenant
6,420
6,757
7,113
7,487
7,882
8,296
5,121
1,829
1,925
2,963
3,119
3;283
3,456
3,638
3,829
8040
810
Police Captain
7,063
7,434
7,826
8,237
8,671
9,127
3,391
3;260
3,431
3,612
3,802
4,002
4,213
8050
855
Communications Supervisor
3,923
4,129
4,347
4,575
4,816
5,070
1,811
1,906
2,006
2,112
2;223
2,340
8045
850
Records Supervisor
3,923
4,129
4,347
4,575
4,816
5,070
1,811
1,906
2;006
2,112
2,223
2,340
8055
860
Communications & Records
5,628
5,924
6,236
6,564
6,909
7,273
Manager
2,597
2,734
2,878
3,030
3,189
3,357
January 2005
1 % all employees
Job Salary
Code Range Title
8010 800 Police Sergeant
8030 805 Police Lieutenant
8040 810 Police Captain
8050 855 Communications Supervisor
8045 850 Records Supervisor
8055 860 Communications & Records
Manager
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Bi -Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
5,684
5;984
61298
6,630
6,979
7,346
2,624
2,762
2,907
3,060
3;221
3,391
6,484
6,825
7,184
7,562
7,960
8,379
2,992
3,150
3,316
3,490
3,674
3,867
7,134
7,509
7,905
8,321
8,758
9,219
3,293
3,466
3,648
3,840
4,042
4,255
3,962
4,171
4,390
4,621
4,865
5,121
1,829
1,925
2,026
2,133
2,245
2,363
3,962
4,171
4,390
4,621
4,865
5,121
1,829
1,925
2,026
2,133
2;245
2,363
5,684
5,984
6,298
6,630
6,979
7,346
2,624
2,762
2,907
3,060
3,221
3,391
10
July 2005
C }J
2% all employees
Job Salary
Code Range Title
8010 800 Police Sergeant
8030 805 Police Lieutenant
8040 810. Police Captain
8050 855 Communications Supervisor
8045 850 Records Supervisor
8055 860 Communications & Records
Manager
January
1.5% all employees
Job Salary
Code Range Title
8010 800 Police Sergeant
8030 805 Police Lieutenant
8040 810 Police Captain
8050 855 Communications Supervisor
8045 850 Records Supervisor
8055 860 Communications & Records
Manager
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Bi -Weekly
Bi- Weekly
BI- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
5,799
6,104
6,425
6,763
7,119
7,494
2,676
2,817
2,966
3,122
3;286
3,459
6,613
6,961
7,327
7,713
8,119
8,546
3,052
3,213
3,382
3,560
31747
3,944
7,276
7,659
8,062
8,487
8,933
9,404
3,358
3,535
3,721
3,917
4,123
4,340
4,041
4,254
4,477
4,713
4,961
5,222
1;865
1,963
2,066
2,175
2,290
2,410
4,041
4,254
4,477
4,713
4,961
5;222
1;865
1,963
2,066
2,175
2,290
.2,410
5,799
6,104
6,425
6,763
7,119
7,494
2,676
2,817
2,966
3,122
3,286
3,459
Step 1
Step 2
Step 3
Step 4
Step S
Step 6
Monthly/
Monthly/
Monthly/
Monthly /
Monthly/
Monthly/
Bi- Weekly
Bi- Weekly
Bi -Weeky
BI- Weekly
Bi-Weekly
Bi- Weekly
5,886
6,196
6,522
6,865
7,227
7,607
2,717
2,860
3,010
3,169
3,335
3,511
6,711
7,065
7,436
7,828
8,240
8,674
3,098
3,261
3,432
3,613
3,803
4,003
7,385
7,774
8,183
8,614
9,067
9,544
3,409
3,588
3,777
3,976
4,185
4,405
4,101
4,317
4,544
41783
5,035
5,300
1,893
1,992
2,097
2,208
2,324
2,446
4,101
4,317
4,544
4,783
5,035
5,300
1,893
1,992
2,097
2,208
2,324
2,446
5,886
6,196
6,522
6,865
7,227
7,607
2,717
2,860
3,010
3,169
3,335
3,511
11
iy
0 0
2% Sergeants, Lieutenants, Records Supervisor, Communications & Records Manager
6% increase Captains
4% increase Communications Supervisors
Step 1 Step. 2 Step 3 Step 4 Step 5 Step 6
Job
Salary
Step 3
Monthly/
Monthly /
Monthly/
Monthly/
Monthly/
Monthly/
Code
Range
Title
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
8010
800
Police Sergeant
6,004
6,320
6,653
7,003
7,371
7,759
3,296
3,470
3,653
2,771
2,917
3,070
3,232
3,402
3,581
8030
805
Police Lieutenant
6,845
7,206
7;585
7,984
8,404
8,847
3,296
3,470
3,653
3,159
3,326
3,501
3,685
3;879
4,083
8040
810
Police Captain
7,828
8,240
8,674
9,130
9,611
10,117
3,613
3,803
4,003
4,214
4,436
4,669
8050
855_
Communications Supervisor
4,265
4,489
4;726
4,974
5;236
5,512
1,968
2,072
2,181
2,296
2;417
2,544
8045
850
Records Supervisor
4,183
4,403
4,635
4,879
5,135
5,406
1,931
2,032
2,139
2;252
2,370
2,495
8055
860
Communications &Records
6,004
6,320
6,653
7,003
7,371
7,759
Manager
2,771
.2,917
3,070
3,232
3,402
3,581
2% all employees
Job Salary
Code Range Title
8010 800 Police. Sergeant
1 8030 805 Police Lieutenant
8040 810 Police Captain
8050 855 Communications Supervisor
8045 850 Records Supervisor
8055 860 Communications & Records
Manager
Step 1
Step 2
Step 3
Step 4
Step 5
Step 6
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
Monthly/
BI- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
Bi- Weekly
BI-Weekly
6,124
6,446
6,785
7,142
7,518
7,914
2,826
.2,975
3,132
3,296
3,470
3,653
6,982
7,350
7,736
8,144
8;572
9,023
3,223
3,392
3,571
3,759
3,956
4,165
7,984
8,404
8,847
9,312
9,803
10,318
3,685
3,879
4,083
4,298
4,524
4,762
4,350
4,579
4,820
5,074
5,341
5,622
2,008
2,114
2,225
2,342
2;465
2,595
4,267
4,491
4,728
4,976
5,238
5,514
1,969
2,073
2,182
2,297
2,418
2,545
6,124
6,446
6,785
7,142
7;518
7,914
2,826
2,975
3,132
3,296
3,470
3,653
12
ARTICLE 9
OVERTIME - SERGEANTS
9.1 DEFINITION
Overtime is defined as all hours worked in excess of 160 hours worked in the
employee's 28 day work period. Vacation, holidays, sick. leave, IOD, and
compensatory time off shall be considered hours worked when computing overtime:
9.2 ELIGIBILITY
Sergeants (except the Administrative Sergeant) shall be eligible for overtime pay.
9.3 SHIFT ADJUSTMENT
In the matter of shift adjustments, it is agreed that the following guidelines will be
followed:
In any situation necessitating a shift adjustment, volunteers will first be sought.
Shift adjustments will not be for more than two hours.
Shift adjustments for special units or assignments are not covered by this guideline and
remain the discretion of the Unit Supervisor or Bureau Commander.
Whenever volunteers cannot be located, Sergeants assigned will be chosen
sequentially by seniority.
Generally, no more than two Sergeants per shift should be ordered to adjust unless an
specific event necessitates it.
At least 14 days notice will normally be given, but in no event will less than seven
days notice be given, for an ordered shift adjustment.
A Sergeant authorized to shift adjust will not suffer loss of briefing pay or other
normal benefit.
13
Sergeants will be given at least ten hours between shifts for ordered non - emergency
shift adjustments.
Shift adjustments will not be ordered to deal with court or shift continuation unless it
is necessary to insure the Sergeant has adequate rest. If court or another assignment
prevents a Sergeant from getting proper rest between shifts, the Sergeant and the
Watch Commander may arrange a shift adjustment to meet this need. With approval,
the Sergeant could opt to use adjusted court time towards normal work hours instead
of overtime, or to adjust shift start time up to four hours. In cases where the Watch
Commander determines an adjustment is warranted but does not have sufficient
manpower, he is authorized to bring in a replacement (on O/T) for up to four hours.
Shift adjustments will not be limited by day or time except as articulated above.
It is noted that either party may reopen these issues at the time of contract renewal.
9.4 COMPENSATION
A. Overtime hours shall, at the employee's option, be compensated in cash at time
and one half the employee's regular rate of pay or in time off compensated at time
and one half However, no employee shall accumulate and have current credit for
more that 80 hours of compensatory time off.
9.5 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to return to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
14
O C
9.6 CALLBACK
Employees called back to work at hours not contiguous to their normally scheduled
shift shall be guaranteed three -hour minimum payment at time and one half
Unanticipated emergency call -backs (criminal investigations, emergency evacuations,
natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel
tune.
9.7 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
payment at time and one -half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. Employees placed on standby in anticipation of reporting for court time shall be
compensated one - hour's pay for each five hours standby. Such employees shall
be paid a minimum of three hours straight time when on standby. Each calendar
day starts a new standby period.
E. Standby is that circumstance which requires an employee assigned by the
department to: 1) be ready to respond immediately to a call for service; 2) be
readily available at all hours by telephone or other agreed upon communication
equipment; and 3) refrain from activities which might impair his/her assigned
duties upon call. The parties agree that employees on standby, as defined above,
are "waiting to be engaged."
15
9.8 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing, and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
9.9 TRAINING
A. Effective the first full pay period following ratification employees called back for
training sessions, authorized by the Police Chief or designee, shall be guaranteed
two -hour minimum payment at time and one half.
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
■ Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
• Lunch - $15.00
• Commuter Lunch- $8.00
• Dinner - $25.00
• Mileage at the prescribed IRS mileage reimbursement rate.
9.10 RANGE QUALIFICATION
A. Effective the first full pay period following ratification sworn personnel shall be
guaranteed two hours at time and one half when participating in range qualification
training when off duty.
B. Each sworn employee who shoots for qualification shall be provided 100 rounds of
practice ammunition each month upon request.
16
OVERTIME — COMMUNICATIONS SUPERVISORS
9.11 DEFINITION
Overtime is defined as all hours worked in excess of 40 hours worked in a workweek.
Vacation, holidays, sick leave, IOD and compensatory time off shall be considered
hours worked when computing overtime.
9.12 ELIGIBILITY
Communication Supervisors shall be eligible for overtime pay.
9.13 COMPENSATION
Overtime shall be compensated in cash at time and one half the employee's regular
rate of pay or in time off compensated at time and one half.
9.14 GUARANTEED MINIMUMS FOR RETURNING TO WORK
Whenever an employee is required by the department to work outside of the
employee's normal work hours, if a minimum applies as found in this article, then the
employee has the choice of taking the minimum or taking the pay for the work actually
performed.
9.15 CALL BACK
Employees called back to work at hours not contiguous to their normally scheduled
shift shall be guaranteed a three -hour minimum payment at time and one half.
Unanticipated emergency call -backs (criminal investigations, emergency evacuations,
natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel
time.
9.16 COURT TIME
A. Employees reporting for court duty shall be guaranteed three hours minimum
17
payment at time and one -half.
B. Employees required to work through the lunch break while on court duty shall be
credited with time worked. Duty free lunch periods shall not be compensable, to
a maximum of thirty (30) minutes.
C. Two or more court cases occurring within the minimum time period shall be
subject to a single minimum payment.
D. Employees placed on standby as required to fulfill court requirements shall be
compensated one - hour's pay for each five hours standby. Such employees shall
be paid a minimum of three hours straight time when on standby. Each calendar
day starts a new standby period.
E. Standby is that circumstance which requires an employee assigned by the
department to: 1) be ready to respond immediately to a call for service; 2) be
readily available at all hours by telephone or other agreed upon communication
equipment; and 3) refrain from activities which might impair his/her assigned
duties upon call. The parties agree that employees on standby, as defined above,
are "waiting to be engaged."
9.17 ROLL CALL BRIEFING
Employees who are required to attend roll call briefing and do, shall be paid for such
attendance. Payment shall be considered overtime and paid as such if the hours fall
within the definition of overtime.
9.18 TRAINING
A. Effective the first full pay period following ratification employees called back for
training sessions, authorized by the Police Chief or designee, shall be guaranteed
two -hour minimum payment at time and one -half.
18
G O
B. The City shall provide each employee with paid independent living hotel/motel
accommodation when assigned to a POST reimbursable training course or City
required training course requiring overnight stay. Daily meal reimbursement
provided shall either be a flat $36 per day or the actual amount spent as evidenced
by receipts subject to the following maximum amounts (unless increased by City
Policy).
■ Breakfast - $10.00 (regardless of whether or not a continental breakfast is
provided)
• Lunch $15.00
• Commuter Lunch - $8.00
• Dinner— $25.00
• Mileage at the prescribed IRS mileage reimbursement rate.
19
ARTICLE 10
PAYDAY
l�
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.
20
1
ARTICLE 11
GENERAL PROVISIONS
11.1 MANAGEMENT BENEFIT:
Employees in this bargaining unit shall receive $25,000 term life insurance, paid by
the City, for recognition of their management responsibilities. Non -sworn employees
shall continue to be covered under the City's long -term disability insurance plan.
11.2 WORKING CONDITIONS:
An officer's place of residence shall be within a one hour driving radius from the San
Luis Obispo Police Department.
21
0
ARTICLE 12
HEALTH CARE INSURANCE
12.1 CONTRIBUTION
City agrees to contribute the monthly amounts set forth below 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.
Employee $415.00
Employees Plus One $754.00
Family $995.00
The Cafeteria Plan amount is inclusive of mandatory dental and vision coverage.
Employees shall be eligible for the City contributions set forth above based on the
number of dependents they enroll in the PERS Health Benefit Program. Employees
opting out of health coverage as provided for below shall receive payment at the
employee only level.
12.2 INSURANCE COVERAGE
PERS Health Benefit Program
The City has elected to participate in the PERS Health Benefit Program with the
"unequal contribution option" at the PERS minimum contribution rate, currently
$64.60 per month for active employees and $16.26 per month for retirees. The City's
contribution toward retirees shall be increased by 5% per year of the City's
contribution for the active employees until such time as the contributions for
employees and retirees are equal. The City's contribution will come out of that amount.
the City currently contributes to employees as part of the Cafeteria Plan. The cost of
W
I �
the City's participation in PERS will not require the City to expend additional funds
toward health insurance beyond what is already provided for above in Section 12.1. In
summary, this cost and any increases will be borne by the employees.
12.3 Health Insurance Coverage Optional Participation
Employees with proof of medical insurance elsewhere are not required to participate in
the PERS Health Benefit Program and may receive the unused portion of the City's
contribution (after dental and vision is deducted) in cash in accordance with the City's
Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed
in the Retiree Health Insurance Account. This account will be used to fund the 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.
12.4 Dental and Vision Insurance/Dependent Coverage
Employees will be required to participate in the City's dental and vision plans at the
employee only rate. Should they elect to cover dependents in the City's dental and
vision plans, they may do so, even if they do not have dependent coverage under
PERS.
12.5 Life Insurance
Employees in the Police Staff Officers Unit shall have life insurance coverage of
Twenty Thousand Dollars ($20,000) paid by the employees through the Cafeteria Plan.
23
12.6 Medical Plan Review Committee
The Association shall appoint one voting representative 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.
A. Duties and Obligations of the Medical Plan Review Committee
1. Review and suggest changes for the City's flexible benefits plan and the
insurance plans offered under the MOA.
2. 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.
3. Disseminate information and educate employees about the City's flexible
benefits plan and the insurance plans offered under the MOA.
4. Participate in other related assignments requested by the City and its
employee associations.
B. Miscellaneous
1. The actions of the Medical Plan Review Committee shall not preclude the
Association and the City from meeting and conferring.
2. 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.
3. If changes to the City's flexible benefits plan are subject. to meet and
confer requirements, the City and the Association agree to meet and
confer in good faith.
24
4. 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.
C. City agrees to continue its contribution to the Cafeteria Plan for two 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 the regular
City health benefit contribution for the first two pay periods following the pay
period in which the employee's accrued vacation and sick leave balances reach
zero.
25
ARTICLE 13
RETIREMENT
13.1 The City agrees to provide the Public Employees' Retirement System's (PERS) 3% at
age 50 plan to all sworn personnel and 2.7% at age 55 for all non -swom personnel.
The 3% at age 50 plan includes the following amendments: Post- Retirement Survivor
Allowance, the 1959 Survivor's Benefit - Level Four, military service credit, one -year
final compensation, conversion of unused sick leave credit to additional retirement
credit, and Pre - Retirement Optional Settlement 2 Death Benefit. The 2.7% at 55 plan
has the following amendments: 1959 Survivor's Benefit - Level Four, one -year final
compensation, military service credit, conversion of unused sick leave credit to
additional retirement credit, and Pre - Retirement Optional Settlement 2 Death Benefit.
13.2 The City has discontinued paying the sworn employees' share of the PERS
Contribution (9 %) and the non -sworn employees' share of the PERS Contribution
(8 %). The 9% for sworn or the 8% for non -sworn is included to the base salary
schedule, and reported as compensation to PERS. The employee will pay directly to
PERS their contribution amount on a pre -tax basis pursuant to Section 414 (h) (2) of
the Internal Revenue Code (IRC).
13.3 The employee will be responsible for any and all tax liability incurred should the IRC
provision become invalid.
OTI
ARTICLE 14
UNIFORM ALLOWANCE
14.1 Each employee required to wear a uniform shall receive an annual uniform allowance
as provided below and is expected to purchase and maintain in good repair all required
uniform pieces.
14.2 The uniform allowance shall be $900 per year, with $450 issued to the employee with
the first payroll period in June and $450 issued to the employee with the first payroll
period in December. New hires will receive a prorated amount.
14.3 All represented employees shall be eligible for uniform allowance without regard to
duty status interruption if in paid status, including 4850,Pay. Uniform allowance shall
be reported to Ca1PERS as special compensation. Uniform allowance will not be pro-
rated upon separation from employment.
27
ARTICLE. 15
HOLIDAYS
15.1 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
September 9 — California Admission Day
Second Monday in October — Columbus Day
November 11 - Veteran's Day
Fourth Thursday in November - Thanksgiving Day
Friday after Thanksgiving
One -half day before Christmas Day
December 25 - Christmas
One -half day before New Year's Day
15.2 Each employee in this unit shall earn 4.33 hours of holiday leave semi - monthly, in lieu
of fixed holidays.
Such employees shall receive payment at straight time hourly rate for a portion of their
earned holiday leave (2.16 hours) each semi - monthly payroll period.
15.3 The remainder of the employee's annual holiday leave (52 hours) shall be advanced to
the employee effective the first payroll period in January of each year. Such holiday
leave may be taken off by the employee with the approval of the Police Chief or
his/her designee.
15.4 Each calendar quarter, an employee has the option of receiving payment for one - fourth
(1/4) of his/her advanced holiday leave. The combination of holiday leave taken off
and payment of advanced holiday time, may not exceed 52 hours. Any holiday leave
remaining as of the last payroll period in December of each year will be paid to the
28
employee at the straight time rate.
If an employee terminates for any reason, having taken off hours in excess of his/her
prorated share, the value of the overage will be deducted from the employee's final
paycheck.
29
ARTICLE 16
VACATION LEAVE
16.1 Each incumbent of a 40 hour week line -item position shall accrue vacation leave with
pay at the rate of 96 hours per year of continuous service since the benefit date for the
first five years, 120 hours per year upon completion of five years, 144 hours per year
upon completion of ten years, and 160 hours upon completion of twenty years.
Employees scheduled for more than 40 hours a week shall receive the equivalent
number of vacation days pro -rated to the number of regularly scheduled work hours.
16.2 An incumbent is not eligible to use vacation leave until accrued.
16.3 A regular employee who leaves the City service shall receive payment for any unused
vacation leave.
16.4 Vacation schedules must be reviewed by the Chief or his/her designee 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. The department 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 accrual. However, in no event shall more than one
such extension be granted in any calendar year.
16.5 Any employee who is on approved vacation leave and becomes eligible for sick leave
as defined in Section 2.36.420A of the Personnel Rules & Regulations may have such
time credited as sick leave under the following conditions.
A. A physician's statement certifying that illness, injury or exposure to contagious
disease has occurred is presented to the supervisor,upon returning to work.
30
C..
0
B. The vacation leave immediately ends and the employee reports to work
following the end of sick leave usage.
16.6 Vacation leave shall be accrued as earned each payroll period, provided that not more
than twice the annual rate may be carried over to a new calendar year. It shall be the
responsibility of the employee to plan vacations and receive departmental approval in
a timely manner.
16.7 All employees in this unit are eligible once annually in December, to request payment
for up to 40 hours of unused vacation leave provided that an employee's overall
performance and attendance practices are satisfactory.
31
ARTICLE 17
ADMINISTRATIVE LEAVE
17.1 The Administrative Sergeant, Lieutenants, Captains, Police Records Supervisor and
Communications and Records Manager are exempt from paid overtime except as
specifically authorized by the Police Chief due to extraordinary circumstances. In
general, management employees are expected to work the hours necessary to
successfully carry out their duties and frequently must return to work or attend
meetings and events outside their normal working hours.
17.2 In recognition of these requirements and the 24 -hour staffing requirements of Police
Departments, all members of this unit who are designated as exempt in Section 17.1
above shall be afforded flexibility in managing their work load and time and are
eligible to take a maximum of 64 hours per calendar year of Administrative Leave.
Such leave may be taken at any time during the year. However, in cases where an
individual is not actively employed in an exempt position with the city during the full
year such leave shall be prorated or if the yearly amount earned is changed during the
year the amounts shall be prorated. For purposes of computing monthly amounts the
rate of 5.33 hours per month may be used.
17.3 Exempt employees understand that the nature of their jobs require that they will work
additional hours outside of their regularly scheduled shifts for such activities as
occasional meetings, paybacks, briefings, shift preparation, etc. Subject to the
approval of the Bureau Commander, exempt employees may shift adjust for such
things as court, administrative assignments, filling shift vacancies, lengthy or frequent
meetings, training, etc.
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ARTICLE 18
SICK LEAVE
18.1 Accumulation of sick leave days shall be unlimited.
18.2 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:
After twenty years of continuous employment - 20%
2. After twenty -five years of continuous employment — 25%
3. After thirty years of continuous employment — 30%
33
C 'J
ARTICLE 19
FAMILY LEAVE
19.1 An employee may take up to 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.
19.2 An employee may take up to 40 hours of sick leave per year if the family member is
part of the employee's household.
19.3 An employee may take up to 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.
19.4 For purposes of this article, immediate family is defined as spouse /registered
domestic partner, child, brother, sister, parent, parent -in -law, step - parent, step-
brother, step - sister, grandparent, or any other relative living in the same house hold.
19.5 The amounts shown in 19.1, 19.2 and 19.3 above are annual maximums, not
maximums per qualifying family member.
19.6 If the family member is a child, parent or spouse/registered domestic partner, an
employee may use up to 48 hours annually to attend to the illness of the child, parent
or spouse, instead of the annual maximums in paragraphs 19.1 and 19.2, in accordance
with Labor Code Section 233.
19.7 In conjunction with existing leave benefits, unit 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:
A. A new child through birth, adoption or foster care (maternal or paternal leave).
34
B. A seriously ill child, spouse or parent who requires hospitalization or continuing
treatment by a physician.
C. Placement of an employee's child for adoption or foster care.
D. A serious health condition which makes the employee unable to perform the
functions of his or her position.
19.8 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 off and administrative leave and, if appropriate, sick
leave prior to receiving unpaid Family/Medical Leave.
19.9 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.
19.10 If an employee does not return to work following 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.
A. The continuation of a serious health condition of the employee or a covered
family member prevents the return.
B. Circumstances beyond the employee's control.
Further details on Family/Medical Leaves, are available through the City's "Guide to
Family/Medical Leave Program ".
35
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 Article shall not exceed 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.
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ARTICLE 21
CATASTROPHIC LEAVE
0
21.1 Upon request of an employee and upon approval of the Chief of Police, leave credits
(vacation, compensatory time off, or holiday time) may be transferred from one or
more employees (donors) to another employee (recipient). The recipient may
participate in the program under the six following conditions:
A. The recipient is a regular employee.
B. The recipient has sustained a life threatening or debilitating illness, injury or
condition (The Chief may require that the condition be confirmed by a doctor's
report.); or,
C. A member of the recipient's immediate family, as defined in Article 23, has
sustained a life threatening or debilitating illness, injury or condition (The Chief
may require that the condition be confirmed by a doctor's report.).
D. The recipient has exhausted all paid leave; or, in the case of illness of or injury to a
recipient's immediate family member, all allowed leave.
E. The recipient must be prevented from returning to work for at least 30 days and
have applied for a leave of absence without pay for medical reasons. This
condition does not apply when the illness or injury involves a member of the
recipient's immediate family, rather than the recipient.
F. The request for participation in the program shall be made on an Application for
Catastrophic Leave Program form.
21.2 Transferrine Time
The following rules apply when donations of time occur:
MA
A. Vacation, compensatory time off, and holiday leave may be transferred by regular
employees.
B. The time will be converted from the type of leave given (i.e. vacation, holiday,
etc.) to sick leave or family care leave, whichever is appropriate, and credited to
the recipient's leave time balance on an hour- for -hour basis and shall be paid at the
rate of pay of the receiving employee.
C. The donations must be a minimum of four hours and, thereafter, in whole hour
increments.
D. The total leave credits received by the employee shall normally not exceed three
months; however, if approved by the Chief, the total leave credits received may be
up to a maximum of six months.
E. Recipients of family care leave will be allowed to use all hours received, up to the
limits of this policy (see D. above), even though such use exceeds the limits for
family care leave found in Article 23.
F. Donations approved shall be made on a Donation of Time Credits form signed by
the donating employee. These donations are irrevocable under any conditions.
21.3 Avveal Rights
If an employee is denied participation in the program by the Chief, he /she may appeal
this initial decision jointly to the Director of Human Resources..
38
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ARTICLE 22
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 law during the first 90 business days of such disability absence.
39
ARTICLE 23
JURY DUTY AND MILITARY LEAVES
23.1 JURY DUTY
Any regular or probationary City employee, when duly called to serve on any jury, and
when not excluded there from, or when subpoenaed to appear as a witness at any trial,
shall be compensated for the time required to be spent under the jurisdiction of the
court by an amount equal to the difference between the pay he /she received as a juror
and his/her regular daily rate received from the City. The difference between the time
required to be spent on jury duty and the normal workday of the employee shall be
spent performing the employee's regular job assignments unless the department head,
upon approval of the Director of Human Resources, determines this not to be practical.
23.2 MILITARY LEAVE
Any line -item employee shall receive normal salary and fringe benefits during the first
thirty days of any period of temporary military leave. Such compensation shall not
exceed thirty calendar days in any one fiscal year. Any temporary military leave in
excess of,thirty days in one fiscal year shall be taken as vacation leave or leave of
absence without pay.
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ARTICLE 24
GRIEVANCE PROCEDURE
u
21.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of
the personnel rules and regulations or of 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.
21.2 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 immediately submit the grievance in
writing to the Police Chief 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 15
business days of the occurrence of the grievance. The Police Chief shall
promptly consider the grievance and render a decision in writing within 15
business days of receiving the written grievance. If the employee accepts the
Police Chiefs decision, the grievance shall be considered terminated.
C. If the employee is dissatisfied with the Police Chiefs decision, the employee
may immediately submit the grievance in writing to the Human Resources
Director within five business days of receiving the Police Chiefs decision. The
41
Human Resources Director shall confer with the employee and the Police Chief
and any other interested parties, and shall conduct such other investigations as
maybe advisable.
D. The results or 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 shall be in writing and given to the employee
within 15 business days of receiving the Human Resources Director's results
and findings. Such decision shall be final unless the employee desires the
Personnel Board to review the decision. If such is the case, the employee will
have five business days following receipt of the City Administrative Officer's
decision to submit a written request to the Personnel Board through the Human
Resources Director for a review of the decision. The Personnel Board within 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 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 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 15 business days of submittal.
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ARTICLE 25
DISCIPLINARY ACTION
Except in regards to disciplinary suspensions of less than one work week, the standards for the
discipline of exempt employees shall generally be consistent with the standards for discipline
of non - exempt employees. Thus, such exempt employees may be subject to termination,
demotion or reduction in compensation for any of the reasons set forth in Section 2.36.320 of
the Personnel Rules and Regulations. In conformity with the Fair Labor Standards Act, a
disciplinary suspension of less than one week may be imposed only for a violation of city
safety rules of major significance. Minor violations of rules and regulations may result in
lesser disciplinary actions, such as oral or written reprimands, counseling, or special training,
etc.
43
O
26.1 MEDIATION
ARTICLE 26
IMPASSE PROCEDURE
O
A. Mediation may be requested only after the possibility of settlement by direct
discussion (meet and confer) has been exhausted. Mediation may be requested by
scheduling a meeting with the Employee Relations Officer (CAO).
1. The Employee Relations Officer shall convene a meeting between the chief
negotiator for the Association, one other representative of the Association, the
Employee Relations Officer and one other representative of the City:
a. To review the position of the parties in a final effort to reach agreement
or reduce the points of disagreement; and
b. If agreement is not reached, to make arrangements for mediation.
B. Following the meeting with the Employee Relations Officer, only the disputed
issues shall be submitted to mediation. The mediator shall be selected from the
State Mediation and Conciliation Service by mutual consent. All mediation
proceedings shall be private and confidential and the mediator shall make no
public recommendation nor take any public position at any time concerning the
issue. Any fees or expenses of mediation shall be shared equally by the City
and the Association.
C. Mediation shall be terminated if agreement has not been reached in 30 days
unless extended by mutual agreement.
26.2 FACT -FINDING
A. If mediation fails to resolve all issues, the unresolved issues shall be referred to
44
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"fact- finding." The fact -finder shall be selected by mutual consent.
B. The City and the Association shall submit its position on each unresolved issue
and its last offer of settlement to the fact - finder. After due consideration, the
fact -finder shall recommend on each issue using factors traditionally taken into
consideration in determination of wages, hours and other terns and conditions
of employment in the public sector.
C. Within 10 days of commencing fact - finding, recommendations of the fact
finder shall be reported in writing at a meeting of representatives of the City
and the Association. Each party shall accept, reject or propose alternatives to
the fact - finder's recommendations. Any recommendations or alternatives not
accepted by both parties within 15 days of receiving the fact- finder's
recommendations will be presented to the City Council.
D. After a hearing where the chief negotiator for the Association, one other
representative of the Association, the Employee Relations Officer and one other
representative of the City have presented their position on the fact - finder's
recommendations, the City Council may accept or reject any recommendation.
All proceedings and recommendations of fact- finding shall be private and
confidential. Any fees or expenses. shall be equally shared by the. City and the
Association.
45
f
ARTICLE 27
SWAT SERGEANTS AND LIEUTENANTS
SWAT team members are required to maintain a higher standard of physical fitness than the
normal employee. The City will reimburse each SWAT team member who voluntarily joins a
physical fitness gym for the cost of the membership and monthly charges up to a maximum
yearly rate of $375.00 per member. At the City's request each member requesting
reimbursement may be required to provide proof of membership and active participation.
O
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ARTICLE 28
REOPENERS
28.1 Effective July, 2006, the City and Association agree to meet and confer on a
modification to the health insurance contribution in Section 12.1.
47
ARTICLE 29
FULL AGREEMENT
It is understood this Agreement represents a complete and final understanding on all
negotiable issues between the City and the Association. This Agreement supersedes all
previous Memoranda of Understanding or Memoranda of Agreement between the City and the
Association except as specifically referred to in this Agreement. In the event any new practice
or subject matter arises during the term of this Agreement and an action is proposed by the
City, the Association will be afforded notice and shall have the right to meet and confer upon
request.
.;
ARTICLE 30
SAVINGS CLAUSE
If any provisions 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 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.
49
ARTICLE 31
TERM OF AGREEMENT
This Agreement shall become effective as of July 1, 2004, 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 June 30, 2007.
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ARTICLE 32
AUTHORIZED AGENTS
For the purpose of administering the terms and provisions of the Agreement:
A. The Association's principal authorized agent shall be the President
(address: 1042 Walnut Street, San Luis Obispo, California 93401; telephone:
(805) 781 - 7313).
B. Management's principal authorized agent shall be the Human Resources Director
or his/her duly authorized representative (address: 990 Palm Street, San Luis
Obispo, California 93401; telephone: (805) 781- 7252).
51
ARTICLE 33
SIGNATURES
1. Classifications covered by this Agreement and included within this unit are Police
Sergeant, Police Lieutenant, Police Captain, Communications .Supervisor, Police
Records Supervisor and Communications and Records Manager.
2. This Agreement does not apply to Temporary Employees or Part-time Employees.
This Agreement was executed on February 21, 2006, by the following parties:
CITY OF SAN LUIS OBISPO
Monica Irons, Human Resources Director
Karen �#ger
Rachael Hendricks, HR Analyst
52'
SAN LUIS OBISPO
POLICE STAFF OFFICERS'
ASSOCIATION
Steve T t0resident SLOPSOA
Chris Staley, Board M tuber
Tom DePriest, Board Member
Kris Dutra, Board Member
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RESOLUTION NO. 9767 (2006 Series)
ESTABLISHMENT OF THE CITY LEGISLATIVE ACTION
PLATFORM FOR 2006 AND APPOINTMENT
OF COUNCILMEMBER AND STAFF PERSON TO ACT AS
LIAISON BETWEEN THE CITY OF SAN LUIS OBISPO AND
THE LEAGUE OF CALIFORNIA CITIES
WHEREAS, amajor objective of the City Council is to adopt an aggressive legislative action
platform which strengthens local government, promotes City goals and defends the City against
legislative actions by State and Federal governments that would weaken local government and/or take
away traditional revenue sources; and
WHEREAS, it is vital to the fiscal health and the self determination of the City to effectively
communicate with State Legislators and Federal representatives in order to favorably influence State and
Federal legislation, regulations and grant requests; and
WHEREAS, the League of California Cities conducts a legislative analysis and advocacy
program on behalf of cities for State issues and major Federal issues; and
WHEREAS, the City desires to be proactive and involved in the governmental decision making
processes directly affecting the City legislative priorities identified in Exhibit "A ", the League of
California Cities legislative priorities identified in Exhibit "B ", and other selected issues as may from time
to time be recommended by the League of California Cities; and
WHEREAS, a key component of the City's Legislative Action Platform is face -to -face meetings
between City representatives and elected officials at the Federal, State, and County levels, and
coordination with similar efforts made by other local government entities.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis
Obispo does hereby:
(1) Establish the Legislative Action Platform for 2006, as set forth in the attached Exhibits "A"
and "B" and authorize staff to take positions on legislation generally consistent with the Legislative
Action Platform and such other resolutions and recommendations of the League of California Cities as
may be from time to time presented to the City; and
(2) Appoint David F. Romero to act as Councilmember legislative liaison and Jonathan Lowell to
act as staff legislative liaison with the League of California Cities.
R 9767
Resolution No. 9767 (2006 Seri
ea)
Page 2
Upon motion of Vice Mayor Settle, seconded by Council Member Mulholland, and on the
following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 215` day of February 2006.
l�
Mayor David F. Romero
ATTEST:
- �&(Ak 7� � -
Audrey Ho r
City Clerk
APPROVED AS TO FORM:
Jon6l . Lowell
City Attorney
EXHIBIT A: CITY LEGISLATIVE ACTION PLATFORM FOR 2005
Exhibit A
COMMUNITY DEVELOPMENT
1. Promoting reforms of the entire State mandated HCD Regional Housing Need Allocations process
to recognize local urban plans and local resource limitations
2. Promoting funding sources to accomplish retrofitting of unreinforced masonry buildings
3. Promoting funding of on- campus housing at Community Colleges and CSU for student and faculty
housing
4. Monitoring the pending court appeal of the San Marcos decision so that the CSU system can
mitigate within the City for the impacts of projects built on campus
5. Preserving local control of planning and zoning matters (such as the prohibition of drive- through
windows and highway signage)
6. Supporting efforts to increase funding for affordable housing for very low, low and moderate
income families for all cities and communities
7. Promoting funding for the identification, acquisition, maintenance and restoration of historic sites
and structures
8. Supporting continued or expanded funding for CDBG program
ECONOMIC DEVELOPMENT
9. Promoting funding and/or legislation that encourages research and development by businesses in
California through tax credits or other incentive programs
10. Supporting funding and policies for the promotion of California as a place to locate businesses
11. Supporting funding fora state tourism promotion program
12. Promoting funding for the arts, especially public art
13. Supporting the effective and efficient use of all communications technologies including voice,
video, data, and information services over wired and wireless transmission technologies
14. Supporting telecommunications reform legislation that preserves local control over public
rights -of -way, protects local resources and guarantees access to, and funding for, public,
educational and government (PEG) access television
FINANCE
15. Continuing to support efforts to protect the City from loss of revenues due to State take -aways and
unfunded State or Federal mandates
Ci
D Exhibit A
16. Endorsing legislation that provides local government with a fair share tax on catalog and Internet
sales; and opposing legislation that limits state or local authority to tax catalog or Internet sales
HUMAN RESOURCES/EMPLOYEE RELATIONS/HUMAN RELATIONS
17. Supporting additional workers compensation reforms that lower employers' costs while still
protecting workers
18. Supporting pension reform efforts in concert with the League of California Cities and the PERS
Board of Directors
19. Opposing the expansion of the "Peace Officers' Bill of Rights" or other attempts to curtail
management rights
20. Supporting legislation that provides funding sources for appropriate human service agencies that
support the mission of the Human Relations Commission.
PUBLIC SAFETY
21. Continuing State and Federal funding support for disaster preparedness, earthquake preparedness,
Homeland Security, hazardous material response, State COPS program and other local law
enforcement activities
22. Preserving the City's authority to investigate police misconduct
23. Preserving the City's authority to establish both medical and non - medical emergency service levels
24. Supporting efforts to expand the scope of parental responsibility for crimes committed by minors
25. Supporting efforts to provide the Governor with authority to override the parole board when anyone
convicted of a violent offense is proposed to be released on parole
26. Preserving the authority of local control on issuance of concealed weapons permits
27. Supporting legislation to help curb alcohol- related criminal behavior and underage drinking
28. Opposing new or increased state fees for state provided law enforcement services
29. Supporting the fair and efficient allocation of radio spectrum that provides quality frequencies, free
from interference, for all local public safety communication needs
PUBLIC WORKS
30. Supporting legislation to increase the availability of grant funding to replace aging infrastructure of
all types, e.g. streets, bridges, water, sewer and storm sewer systems, etc.
31. Obtaining funding, cooperation and prompt approval from the Environmental Protection Agency
and Army Corps of Engineers for necessary flood control projects
C Exhibit A
PARKS AND RECREATION AND NATURAL RESOURCES
32. Supporting State and Federal funding for acquisition, protection, preservation and restoration of
natural resources, open space, coastal resources, signature land forms, wetlands and park
development, including continued funding for the Land and Water Conservation Grant Program
33. Supporting the creation of National Marine Sanctuary off the coast of San Luis Obispo County to
protect this fragile habitat from offshore oil and gas development
34. Opposing any development under existing or new offshore oil and gas leases off the coast of San
Luis Obispo County
35. Supporting measures to prohibit discharge of pollutants into the ocean (e.g. selenium contaminated
waters from the San Joaquin valley)
36. Supporting funding for rehabilitation of urban parks and unmet community recreational needs, in
particular "at risk" youth
37. Encouraging the State Department of Parks and Recreation to expedite the distribution of bond
funds and other funds resulting from special legislation (e.g. Irish Hills funds)
38. Seeking legislative exemption from property taxes on lands dedicated to open space purposes
which are outside the boundaries of the jurisdiction owning such lands
TRANSPORTATION
39. Changing gas tax laws to allow local tax for transportation purposes based on a majority vote of the
public
40. Promoting continued and increased funding sources for street maintenance and transportation,
including transit, bicycles, others
41. Working with the Caltrans, SLOCOG and the California Transportation Commission to
expeditiously fund Hwy 227 road overlay and reconstruction project, and subsequent
relinquishment of Hwy 227 within the City limits
42. Supporting clean air transit funding for San Luis Obispo County, in particular funding that supports
alternative modes of transportation with clean air benefits
43. Supporting actions to: (1) promote cooperation and mutual support between metropolitan planning
organization (MPO) agencies and local transit providers, and (2) discourage trends toward MPO
agencies/regional "control' of local transit providers
UTILITIES
44. Supporting clean water funding programs
Exhibit A
45. Supporting legislation to facilitate recycling program development and enhance local government's
ability to comply with solid waste requirements
46. Supporting legislation to eliminate mandatory penalties for violations of NPDES Requirements and
returning discretionary control to the Regional Water Quality Control Board Executive Officers
(i.e. repeal SB 709)
47. Supporting legislation promoting the safe, responsible, and cost - effective reuse of Exceptional
Quality or better biosolids
48. Supporting legislation to streamline the state regulatory processes
49. Supporting sustainable energy programs
50. Supporting legislation allowing cities/agencies to establish fees for the costs of operating mandated
water quality programs such as, but not limited to, municipal storm water and total maximum daily
loading
51. Supporting federal legislative action to transfer Salinas Reservoir properties to a local agency
52. Supporting legislation that aids in the implementation of the California Urban Water
Conservation Council's Best Management Practices regarding urban water conservation
53. Supporting legislation eliminating departing load charges which discourage the use of
alternative energy resources
COUNTY/REGIONAL PRIORITIES
54. Working with the County to assure land use practices that are consistent with the Memorandum of
Agreement adopted by the City Council and County Board of Supervisors in 2005 regarding
development near the edges of the City
55. Encouraging the County Board of Supervisors to place a measure before voters that would
create a vector control program benefit assessment program for San Luis Obispo County
56. Encouraging participation by County in providing nearby parking for County employees and
clients, and alternate transportation and parking demand reduction
57. Supporting County development of a local ordinance providing additional local oversight and
regulation of the land application of Exceptional Quality or better biosolids
58. Working cooperatively with the County to solve City/County flood problems
G:\Legislative Priorities\2006 Legislative Action Platform - Exh A.DOC
I_ca�_'UC (11 ��alllUllila CiHC <, -
Board Adopts Strategic Goals for 2006
n Exhibit- B
The League board of directors set the course of the organization for the coming year when it met with the leaders of the
League's departments, divisions, policy committees and caucuses. After participating with other League leaders in eight
separate discussion groups, the directors considered a list of proposed strategic goals formulated by the discussion
groups. The following focus and goals were adopted:
Strategic Focus in 2006: To support policies that directly promote the development and redevelopment of healthy and
safe cities.
Strategic Goals: In 2006 the League and its divisions, departments, caucuses and policy committees will advocate:
Infrastructure: Expanded funding for state and local investment in the physical infrastructure of California,
including, but not limited to, its roadways, bridges, levees, parks, libraries, and systems for delivering and treating
water, wastewater and storm water.
Housing: Expanded 'housing supply and „affordability for all Californians, consistent with the planning and
environmental quality objectives of the League's Principles for Smart Growth and the League's mission to restore
and protect local control.
Redevelopment: Protection of redevelopment funding and authority, the critical tools necessary for local
investment in future affordable housing and the infrastructure so necessary for the continued expansion of the
Califomia economy.
last updated � 12/212005
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RESOLUTION NO. 9766 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
ADOPTING A DOWNTOWN PEDESTRIAN LIGHT LOCATION PLAN AND
AMENDING THE DOWNTOWN PEDESTRIAN LIGHTING DISTRICT BOUNDARY
WHEREAS, the City of San Luis Obispo identified a need to provide pedestrian lighting in
the downtown; and
WHEREAS, the City of San Luis Obispo adopted a decorative pedestrian scale light
standard for use in the downtown at the March 16, 2004 meeting; and
WHEREAS, the Architectural Review Commission conducted a public hearing on October
17, 2005, for the purpose of reviewing a pedestrian light placement plan for use in the
downtown; and
WHEREAS, the Architectural Review Commission approved said placement plan.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. The City of San Luis Obispo hereby adopts the Downtown Pedestrian Light
Location Plan as shown in Exhibit "A" and hereby amends the Downtown Pedestrian Lighting
District as shown in Exhibit `B" and the Light Standard as shown in Exhibit "C ".
SECTION 2. The City of San Luis Obispo hereby authorizes the City Engineer to approve
modifications to the location plan to avoid obstructions while keeping to the minimum target
values of 0.9 foot - candles and 4:1 uniformity.
Upon motion of Vice Mayor Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 7th day of February 2006.
01p1mkl6
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C Cl lerk
Mayor David F. Romero
R 9766
Resolution No. 9766 (2006 Series)
Page 2
APPROVED AS TO FORM:
Man P. Lowell
City Attorney
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Council Resolution No.
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RESOLUTION NO. 9765 (2006 Series)
RESOLUTION APPPROVING REQUEST FROM BEACH CITIES CAB COMPANY
TO MODIFY SCHEDULE OF RATES
WHEREAS, the City Council of the City of San Luis Obispo desires to provide for taxi
service for its citizens; and
WHEREAS, Beach Cities Cab Company is a current taxi operator in the City of San
Luis Obispo; and
WHEREAS, the City has received an application from Beach Cities Cab Company to
increase its schedule of rates, and
WHEREAS, the proposed rate increase is consistent with increasing operational costs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo approves the schedule of rates for Beach Cities Cab Company as set forth in Exhibit
A.
Upon motion of Council Member Brown seconded by Council Member Mulholland and
on the following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution adopted this 7th day of February 2006.
• • ' • - •
ATTEST:
f
Audrey Hoop
City Clerk
APPROVED AS TO FORM:
Jo P. Lowell
City Attorney
R 9765
C, o
Resolution No. 9765 (2006 Series)
Page 2
EXHIBIT A
BEACH CITIES CAB COMPANY
SCHEDULE OF RATES
Fee Type
Fee
Pick Up
$ 3.00
Per Mile
$ 2.50
Wait Time
$25.00
Credit Card Use
$ 4.00
L r/1 , C e_ — UL-P,-
RESOLUTION NO. 9764 (2006 Series)
RESOLUTION APPPROVING FEBRUARY 23, 2006 TROLLEY SERVICE
EXTENTION FOR THE TOUR OF CALIFORNIA
WHEREAS, the Tour of California will be staging a major international bicycle event in
the City of San Luis Obispo on Thursday, February 23, 2006, and may attract significant
numbers of tourists; and
WHEREAS, the City of San Luis Obispo operates the trolley service between downtown
and upper Monterey Street and begins its trolley service Thursdays at 3 -30 p.m., continuing in
accordance with the schedule in Exhibit A; and
WHEREAS, the Mass Transportation Committee desires to provide alternative
transportation between upper Monterey Street and downtown by extending the City's trolley
service on February 23, 2006; and
WHEREAS, the Public Hearing Procedures for Major Service or Fare Changes in the
Short Range Transit Plan (May 2004) does not require a public hearing for temporary and minor
change to remain in effect for less than one hundred eighty days.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San
Luis Obispo approves the trolley service to begin at 12:00 p.m., and extend service to Cuesta
Park, on February 23, 2006.
Upon motion of Vice Mayor Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution adopted this 7th day of February 2006.
I_v111i*16
Audrey Hoop
City Clerk
Mayor David • • • -
R 9764
0
Resolution No. 9764 (2006 Series)
Page 2
APPROVED AS TO FORM:
Jo P. Lowell
City Attorney
Resolution No. 9764 (2006 Series)
Page 2
EXHIBIT A
REGULAR TROLLEY SERVICE SCHEDULE
Day Schedule
Thursday 3:30 p.m. to 9:00 p.m.
Friday 12:00 p.m. to 9:00 p.m.
Saturday 12:00 p.m. to 9:00 p.m.
Sunday 12:00 p.m. to 5:30 p.m.
C O
PLO - �.L-rvtics--L-L,
RESOLUTION NO. 9763 (2006 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2420
WHEREAS, the City Council made certain findings concerning tentative Tract 2420, as
prescribed in Resolution No. 9490 (2003 Series); and
WHEREAS, the City Council made additional findings concerning a one -year time
extension to file a final map, as prescribed in Resolution No. 9741 (2005 Series); and
WHEREAS, the subdivider has submitted surety bonds in the total amounts of
$1,025,199 (Faithful Performance) and $512,600 (Labor & Materials) to guarantee installation of
the required subdivision improvements shown on the approved plans, and all fees have been
received, as prescribed in the attached subdivision agreement, marked "Exhibit A"; and
WHEREAS, the Community Development Director has approved the Covenants,
Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities
and common areas, and Common Driveway Agreement; and
WHEREAS, all other conditions required per said Resolution No. 9490 (2003 Series) have
been met or will be met prior to or concurrent with final recordation of the map.
NOW, THEREFORE BE IT RESOLVED that the final map for Tract No. 2420 is found
to be in substantial compliance with the vesting tentative map and final map approval is hereby
granted.
On motion of Council Member Settle, seconded by Council Member Mulholland and on the
following roll call vote: .
AYES: Council Members Brown and Ewan, and Vice Mayor Settle
NOES: Council Member Mulholland
RECUSED: Mayor Romero
The foregoing Resolution was passed and adopted this 7th day of February 2006.
Vice Mayor Allen Settle
ATTEST:
d2 dl��
Audrey Hoo r
City Clerk
R 9763
Resolution No. 9763 (2006 Series)
Page 2
APPROVED AS TO FORM:
Jon an P. Lowell
City Attorney
G
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C
RESOLUTION NO. 9762 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING A ONE -YEAR TIME EXTENSION FOR FILING THE FINAL MAP
FOR TENTATIVE TRACT MAP NO. 2500
(City File # TR 122-01,2223 MONTEREY STREET)
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Findings. That this council, after consideration of public testimony,
the subdivider's request, staff recommendations and reports thereon, found that the one -year time
extension is justified.
SECTION 2. Action. That a one -year time extension for filing the final map for
Tentative Tract Map No. 2500 is granted to February 4, 2007, subject to the original findings and
conditions of tentative map approval, as specified in City Council Resolution No. 9420 (2003
Series).
On motion of Vice Mayor Settle, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 7th day of February 2006.
Mayor David F. Romero
ATTEST:
LD
Audrey Hooper
City Clerk
0:6P /alb
J6aathadP. Lowell
City Attorney
R 9762
vvt
RESOLUTION NO. 9761 (1006 Series)
A RESOLUTION OF THE CITY COUNCIL OF
SAN LUIS OBISPO RECCOMENDING APPROVAL OF A TENTATIVE
TRACT MAP TO ALLOW CONDOMINIUM CONVERSION FOR
TWENTY APARTMENTS AT 2975 ROCKVIEW PLACE
APPLICATION NO. TR 167 -05
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on November 9, 2005 and recommend approval of Application No. TR 167 -05 to the
City Council, a request to approve a Tentative Tract Map to finalize the Condominium
Conversion for 20 apartments known as Rockview Heights at 2975 Rockview Place; and
WHEREAS, the City Council of San Luis Obispo conducted a public hearing in the
Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 17"',
2006 and recommended approval of Application No. TR 167 -05, a request to approve a
Tentative Tract Map to finalize a Condominium Conversion for 20 apartments known as
Rockview Heights at 2975 Rockview Place; and
WHEREAS, notices of said public hearing were made at the time and in the manner
required by law; and
WHEREAS, the conversion of existing residential apartments to ownership
condominiums is exempt from environmental review (CEQA); and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of the applicant, interested parties, and the evaluation and recommendations by staff and the
Planning Commission, presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
Section 1. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The proposed tentative map converting the apartments into condominiums is consistent
with the General Plan because changing the apartments to condominiums will not impact
available affordable housing since the conversion will provide a deed restricted
affordable unit consistent with the City's Inclusionary Housing Ordinance and the other
units are affordable by design.
2. As conditioned, the tentative map complies with the property improvement standards for
Condominium Conversions.
3. As stated in the applicant's property condition report, the property is in satisfactory
condition and a report of any known defects will be made available to future property
owners and kept on file at the City.
4. Based on a staff review of the application materials, a visit to the site and a review of
City records, the property is in substantial compliance with the Zoning Code in terms of
R 9761
0 0
Resolution No. 9761 (2006 Series)
Page 2
allowed use, density, parking, yard areas, building height, and all other applicable
property development standards.
5. In accordance with the Condominium conversion standards the applicant has
appropriately delivered a notice of intent to convert to each tenant pursuant to Section
66452.9 of the Subdivision Map Act.
6. As conditioned, each of the tenants will be given written notification within 10 days of
approval of final map for the conversion.
7. Each of the tenants has been given 180 days written notice of intent to convert.
8. Each of the tenants of the proposed conversion has been (or will be) given notice of an
exclusive right to contract for the purchase of his or her unit upon the same terms and
conditions that such unit will be initially offered to the general public or terms more
favorable to the tenant.
9. The existing apartments, due to location, design, condition, and general conformance
with property development standards are appropriate for conversion to individual
ownership units and will result in a quality living environment for future property
owners.
10. In accordance with the CEQA Guidelines Section 15301 (K) the conversion of multiple
family residences into condominiums is categorically exempt from environmental review.
Section 2. Approval. The City Council hereby approves Application No. TR 167 -05, a request to
record a tract map to convert twenty apartment units at 2975 Rockview Place to individual
ownership condominiums in accordance with Municipal Code 17.82, subject to the following
conditions:
1. Each unit shall be supplied with individual meters for gas, water and electrical service.
Location and type of metering shall be subject to review and approval of the City
Community Development Department and the Utilities Department.
2. A property condition report shall be submitted to the City prior to recordation of the final
map. Any building defects noted in the property condition report submitted to the City
shall be repaired prior to approval of the final condominium map.
3. Any improvements necessary to comply with the property improvement standards for
condominium conversions (Chapter 17.82.110 A through O) shall be completed prior to
approval of the final condominium map. Such improvements include (but may not be
limited to): private open space yards, bicycle storage lockers, retrofitting units with
additional energy compliance requirements such as increased insulation or insulated
windows, restoration and refurbishing of landscape areas, installation of common area
improvements, installation of smoke detectors and fire protection systems, or repair and
upgrades of parking areas.
4. Conditions, Covenants and Restrictions (C.C. & R's) are required, to the approval of the
Community Development Director and the Public Works Director. The C.C. & R's shall
include a description and regulations pertaining to the open space easement and all
Resolution No. 9761 (2006 Series)
Page 3
common areas. The C.C. & R's shall be submitted to the Community Development
Department for review by the City Attorney prior to recordation of the map.
5. The subdivider shall submit a final map to the city for review, approval, and recordation.
The map shall be prepared by, or under the supervision of a registered civil engineer or
licensed land surveyor. The final map shall be prepared in accordance with the
Subdivision Map Act and the Subdivision Regulations.
6. Pursuant to Government Code Section 66474.9(b) (1), the subdivider shall defend,
indemnify and hold harmless the city or its agents, officers and employees from any
claim, action, or proceeding against the city or it agents, officers or employees to attack,
set aside, void or annul an approval of the city, advisory agency, appeal board or
legislative body concerning this subdivision. The city shall promptly notify the
subdivider of any claim, action or proceeding and shall cooperate fully in the defense.
7. Each of the tenants of the proposed conversion shall be given notice of an exclusive right
to contract for the purchase of his or her unit upon the same terms and conditions that
such unit will be initially offered to the general public or terms more favorable to the
tenant.
8. This right of first refusal shall extend at least ninety days from the date of issuance of the
subdivision public report or commencement of sales, whichever date is later. The
tenant's security deposit and last months rent shall be credited towards the purchase of
the property.
9. Each of the tenants shall be given written notification within 10 days of approval of final
map for the conversion.
10. A barbeque facility including a picnic bench and landscape enhancements shall be
incorporated into the common open space area. The design of the improvements shall be
reviewed and approved by the Community Development Department. The improvements
shall be constructed prior to recordation of the final condominium map.
11. Private open space yards shall be increased in size to exceed the minimum requirements
for each unit. Private open space yards, including new fencing and any other necessary
landscape improvements, shall be completed prior to recordation of a final map.
12. A minimum of one unit, of average size and quality, shall be deed restricted to moderate
affordable levels for a minimum of 30 years, consistent with the City's Inclusionary
Housing Ordinance. The unit shall be deed restricted upon recordation of the final
condominium map prior to sale of the property.
Resolution No. 9761 (2006 Series)
Page 4
On motion of Vice Mayor Settle, seconded by Council Member Ewan and on the
following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 17th day of January 2006.
Mayor David F. Romero
ATTEST:
0
Audrey Hoop r
City Clerk
�l
L(- ri. - /7-lE5
RESOLUTION NO. 9760 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL OF A TREE REMOVAL REQUEST
AT 313 PATRICIA DRIVE
WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on
October 24, 2005 and denied the applicant's request to remove one (1) Sycamore tree located in
the front yard at 313 Patricia Drive, San Luis Obispo, California; and
WHEREAS, on January 17, 2006, the City Council of the City of San Luis Obispo held a
public hearing to consider the appeal of the denial to remove one (1) Sycamore tree,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. That this Council, after consideration of the applicant's appeal, and the
San Luis Obispo Tree Committee's action, staff recommendations and reports thereon, makes the
following finding:
a. The tree is causing undue hardship to the property owner as evidenced by the harm to
the walkways and driveway and by the intrusion of roots into the sewer pipe.
SECTION 2. The appeal of the Tree Committee's decision to deny the tree removal
request at 313 Patricia Drive is hereby upheld, and the removal request is approved, provided an
appropriate (No. 2 on City Arborist's list) 24" box sized tree be planted.
On motion of Council Member Ewan, seconded by Vice Mayor Settle, and on the
following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of January 2006.
Mayor David F. Romero
ATTEST:
Audrey H er
City Cler
R 9760
Resolution No. 9760 (2006 Series)
Page 2
AS TO FORM:
J
onathan P. Lowell v
City Attorney
,D
%jc'- /6�TS
RESOLUTION NO. 9759 (2006 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE ESTABLISHMENT OF MONTHLY AND DAILY FEES AND
HOURS OF OPERATION FOR THE PARKING STRUCTURE AT 919 PALM STREET.
WHEREAS, the City wishes to provide secure and user friendly parking for all users of
the parking structures; and
WHEREAS, the parking program needs to continue to be self - sufficient for its financial
commitments; and
WHEREAS, the City has the support of the Downtown Association and the Chamber of
Commerce to implement changes in the parking structure and lot rates; and
WHEREAS, the new parking structure located at 919 Palm Street is nearing completion
and is ready to open; and
WHEREAS, the Council has considered the staff report and held a public meeting on
the proposed changes to the parking structure rates and hours and monthly and daily fees for
parking.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The parking rate and hours for charging fees in the City's parking
structure located at 919 Palm Street shall be the first 60 minutes free and 75 cents per hour with a
daily maximum of $7.50 per visit from 8 a.m. until 7:00 p.m. each Monday, Tuesday, and
Wednesday, effective February 1, 2006.
SECTION 2. The parking rate and hours for charging fees in the City's parking
structure located at 919 Palm Street shall be the first 60 minutes free and 75 cents per hour with a
daily maximum of $7.50 per visit from 8:00 a.m. until 11:00 p.m. each Thursday, Friday and
Saturday, effective February 1, 2006. Sundays will be exempt from any parking structure fees.
SECTION 3. The monthly fee for proximity cards (Proxcards) for the City's parking
structure located at 919 Palm Street shall be $75:00 per month. These rates will be effective on
February 1, 2006.
R 9759
I
Resolution No. 9759 (2006 Series)
Page 2
Upon motion of Council Member Ewan, seconded by Mayor Romero and on the
following roll call vote:
AYES: Council Members Ewan and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: Council Member Brown
ABSENT: None
The foregoing resolution was passed and adopted this 17a` day of January 2006.
Mayor David F. Romero
E Mwo
Audrey Ho r /
City Clerk
APPROVED AS TO FORM:
than P. Lowell
Attorney
yo R-6 i-f
O
RESOLUTION NO. 9758 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DECLARING THE 1983 MACK FIRE ENGINE AS SURPLUS PROPERTY
WHEREAS, the Fire Department's 1983 Mack fire engine has become a surplus
Vehicle; and
WHEREAS, staff has learned through Amigos/USA (a non - profit organization) that
Todos Santos, Mexico is in need of a fire engine.
BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows:
SECTION 1. The City Council hereby declares the 1983 Mack Fire Engine is surplus
property.
SECTION 2. The 1983 Mack fire engine will be donated to Todos Santos, Mexico.
On motion of Council Member Mulholland, seconded by Vice Mayor Settle and on the
following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and Mayor
Romero
NOES: None
ABSENT: None
The foregoing Resolution was passed and adopted this 17`h day of January 2006.
ATTEST:
0. �QG'
Audrey Hoop
City Clerk
AS TO
than P. Lowell
Attorney
700 R - z �. Z; A 0, r2l!Roe'"IA� I I
,Ae
Mayor David F. Romero
R 9758
,�,-�tiT« t'D�� -
T /f?�
O
RESOLUTION NO. 9757 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
DENYING AN APPEAL OF A TREE REMOVAL REQUEST AT
804 VISTA DEL ARROYO STREET
WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on
November 28, 2005 and denied the applicant's request to remove four (4) Alder trees located in
the front yard at 804 Vista Del Arroyo Street, San Luis Obispo, California; and
WHEREAS, on January 3, 2006, the City Council of the City of San Luis Obispo held a
public hearing to consider the appeal of the denial to remove four (4) Alder trees.
NOW, THEREFORE, 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 applicant's appeal,
and the San Luis Obispo Tree Committee's action, staff recommendations and reports thereon,
makes the following finding:
a. The removal of four (4) Alder trees will not promote good aboricultural practice.
b. The trees are not causing undue hardship to the property owner.
c. Removing the trees will harm the character of the surrounding neighborhood.
SECTION 2. The appeal of the Tree Committee's decision to deny the tree removal
request at 804 Vista Del Arroyo Street is hereby denied.
Upon motion of Council Member Mulholland, seconded by Council Member Ewan,
and on the following vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3`d day of January 2006.
Mayor David F. Romero
ATTEST:
Audrey Ho er
City Clerk
R 9757
n C�,
Resolution No. 9757 (2006 Series)
Page 2
APPROVED AS TO FORM:
Jonath . Lowell
City Attomey
P >LJ - J L r? L7c, "(L(n
0
RESOLUTION NO. 9756 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
FINDING AND DETERMINING THAT PORTIONS OF RUTH STREET IS
UNNECESSARY FOR PRESENT OR PROSPECTIVE PUBLIC STREET PURPOSES
AND ORDERING ITS ABANDONMENT, SUBJECT TO RESERVATION OF SPECIFIC
EASEMENTS.
BE IT RESOLVED by the Council of the City of San Luis Obispo as follows:
SECTION 1. In accordance with a public meeting duly held on March 15, 2005,
pursuant to Section 8300 et seq. of the California Streets and Highways Code and a finding of
General Plan consistency, that this Council finds and determines that Ruth Street, described as
"All that portion of Ruth Street as shown on the map of Loomis's Addition to the
City of San Luis Obispo, according to the Maps filed in Book A of Maps at Page
126, in the Recorder's Office of the County of San Luis Obispo, California, lying
northwest of the northwest right of way line of Upham (now Iris) Street and lying
southeast of a line parallel with and 150.00 feet northwest of said northwest line
of Upham Street, as shown on said map ", located in the City of San Luis Obispo,
County of San Luis Obispo, State of California.
is not necessary for present or future public street purposes.
SECTION 2. This Council hereby orders the abandonment of said right -of -way subject
to the following conditions:
1. Dedication of a 20 foot wide easement for any existing or future public or private
utilities over the abandonment area, as shown on Exhibit A, attached and incorporated
by reference. The easement shall also allow for egress ingress into all properties
abutting the abandonment area. The easement shall be recorded concurrent with or
prior to recordation of the City Council resolution abandoning the street.
2. P, G & E shall reserve the right to install, maintain, repair, operate, replace, remove
and renew lines of wires, poles, and other structures, equipment and fixtures both
above ground and underground for the operation of said facilities in the abandoned
portion of right of way.
3. Prepare all required pictorial exhibits and/or legal descriptions necessary to complete
the abandonment process shall be provided by the project applicant to the satisfaction
of the Public Works Director. All exhibits and/or legal descriptions shall be prepared
by a Licensed Land Surveyor or Civil Engineer who is authorized to practice Land
R 9756
Resolution No. 9756 (2006 Series)
Page 2
4. Surveying, in accordance with the California Business and Professions Code Section
8700 et seq.
5. Informational note: although the abandonment may result in additional property to be
deeded back to adjacent contiguous properties, the abandonment does not constitute
creation of a separate lot or a potential future subdivision.
SECTION 3. Upon notification from the Director of Public Works to the City Clerk that
the conditions prescribed in SECTION 2 have been met, the City Clerk shall cause a certified
copy of this Resolution of Abandonment, duly attested under the sea] of the City, to be recorded
in the Office of the San Luis Obispo County Recorder.
On motion of Council Member Brown, seconded by Council Member Mulholland, and on
the following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 3rd day of January 2006.
Mayor David F. Romero
ATTEST:
J'wtv'.
Audrey Hoopir
City Clerk
APPROVED AS TO FORM:
lonadrx0P. Lowell
City Attorney
t t
EXHIBIT fit
Utility Reservation
Legal Description
That portion of Ruth Street as shown on map of Loomis's Addition to the City of San Luis
Obispo, according to the map filed in Book A of Maps at Page 126, in the Recorder's Office of
the County of San Luis Obispo, California, described as follows:
A 20.00 foot wide strip of land lying 10.00 feet on each side of the following described line:
BEGINNING at the intersection of the northwesterly right of way line of Upham (now Iris)
Street with the centerline of Ruth Street as shown on said map ; thence
1) northwesterly along the centerline of Ruth Street 150.00 feet.
The above - described parcel contains 3000 square feet, more or less.
The above - described parcel is graphically shown on Exhibit D attached hereto and made a part
hereof.
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RESOLUTION NO. 9755 (2006 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS
OBISPO APPROVING A LOT LINE ADJUSTMENT WITH
EXCEPTIONS TO THE LOT AREA AND DEPTH
REQUIREMENTS FOR PROPERTIES LOCATED AT
275 HIGH STREET & 2031 CYPRESS STREET, (LLA 148 -05).
WHEREAS, the City Council conducted a public hearing on January 3, 2006, and has
considered testimony of the applicant, interested parties and the evaluation and recommendation
of staff; and
WHEREAS, the City Council finds that the proposed lot line adjustment and minor
subdivision exceptions are consistent with the General Plan, Zoning and Building Regulations,
and other applicable City ordinances; and
WHEREAS, the City Council finds that the lot line adjustment is categorically exempt as
provided for by California Environmental Quality Act Guidelines, Section 15305 Minor
Alterations in Land Use Limitations.
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
(LLA 148 -05), the applicant's statement, staff recommendations and reports thereof, makes the
following findings:
1. The lot line adjustment will not increase the number of parcels and complies with Section
66412(d) of the Subdivision Map Act and the City's Subdivision Regulations.
2. With minor exceptions to the Subdivision Regulations, the resulting parcels from the lot line
adjustment will be more in conformance with the City's Zoning Regulations and Building
Code standards.
3. As conditioned, the sites are physically suited to the type and density of development allowed
in the R -2 zone.
4. The proposed lot line adjustment is categorically exempt from environmental review,
pursuant to Section 15305 of the CEQA Guidelines.
5. The property to be divided is of such size or shape, or is affected by such site or topographic
conditions, that it is impossible, impractical or undesirable, in this particular case, to conform
to the strict application of the regulations codified in Title 16 of the Municipal Code
(Subdivision Regulations) because the site is constrained by the location of an existing
dwelling that is situated across the dividing property line that separates the two lots.
R 9755
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Resolution No. 9755 (2006 Series)
Page 2
6. The cost to the subdivider of strict or literal compliance with the regulations is not the sole
reason for granting the modification because the adjustment will bring the existing
development at 2031 Cypress Street into compliance with Building Code standards and allow
structures on both properties to remain in their present form and location without the need for
building demolition or relocation.
7. The modification will not be detrimental to the public health, safety and welfare, or be
injurious to other properties in the vicinity since the resulting parcels are consistent with the
lot area and depth of other properties in the vicinity and the proposed lot design will
minimize conflicts between adjacent properties.
8. As conditioned, granting the modification is in accord with the intent and purposes of these
regulations, and is consistent with the General Plan and with all applicable specific plans or
other plans of the City because the adjustment will not alter the historic development pattern
established in the neighborhood or exceed density provisions of the Medium Density
Residential land use designation.
SECTION 2. Approval. The request for approval of the Lot Line Adjustment (LLA
148 -05) with exceptions to the Subdivision Regulations for lot area and depth is hereby approved
subject to the following conditions and code requirements.
Conditions:
1. Prior to recordation of the lot line adjustment, the existing 3- bedroom dwelling on Parcel 2
shall be converted to a 2- bedroom dwelling, consistent with the Zoning Regulation's
definition of "den" space, subject to the approval of the Community Development Director.
2. Prior to recordation of the lot line adjustment, a "Conditions of Use of Structure" agreement
shall be entered into between the property owner and the City to ensure that existing and
future development on Parcel 2 shall not contain more than two (2) bedrooms, consistent
with the density calculation for the property.
Code Requirements:
1. Prior to recordation of the lot line adjustment, a building permit application will be required
to convert the existing 3- bedroom dwelling on Parcel 2 to a 2- bedroom dwelling, subject to
the approval of the Chief Building Official.
2. The proposed drainage easement on Parcel 2 for the benefit of Parcel 1 shall be recorded
prior to or concurrent with the recordation of the final LLA agreement, subject to the
approval of the Public Works and Community Development Directors.
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Resolution No. 9755 (2006 Series)
Page 3
3. Prior to recordation of the lot line adjustment, the existing overhead telephone line crossing
Parcel 1 serving Parcel 2 shall be located within an easement if required by the serving utility
company. Provide a copy of an existing easement or notification from the serving utility
company that an easement is not required.
4. The lot line adjustment shall be finalized with either a parcel map or a lot line adjustment
agreement. If the agreement is pursued, the applicant shall submit a "Declaration of Lot lane
Adjustment" to the Public Works Director for review, approval and recordation, based on
samples available in the Community Development Department. The submittal shall include
all required recording and processing fees and an 8 '/2" x 11 map exhibit suitable for
recording.
5. A record of survey may be required in accordance with Business and Professions Code
Section 8762. If required, it shall be recorded with or prior to recordation of the Lot lane
Adjustment Agreement.
On motion of Vice Mayor Settle, seconded by Council Member Ewan, and on the
following roll call vote:
AYES: Council Members Brown, Ewan, and Mulholland, Vice Mayor Settle and
Mayor Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 3'd day of January 2006.
Mayor David F. Romero
A
Audrey He
City Clerk
APPROVED AS TO FORM:
Jon P. Lowell
City Attorney
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RESOLUTION NO. 9754 (2006 SERIES)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
APPROVING THE FINAL MAP FOR TRACT NO. 2478
WHEREAS, the City Council made certain findings concerning tentative Tract 2478, as
prescribed in Resolution No. 9385 (2002 Series); and
WHEREAS, the City Council made additional findings concerning a one -year time
extension to file a final map, as prescribed in Resolution No. 9663 (2005 Series); and
WHEREAS, the Community Development Director has approved the Covenants,
Conditions and Restrictions (CC& R's) including maintenance requirements of the private utilities
and common areas, and Common Driveway Agreement; and
WHEREAS, all other conditions required per said Resolution No. 9385 (2002 Series) have
been met.
NOW THEREFORE BE IT RESOLVED that the final map for Tract No. 2478 is found
to be in substantial compliance with the vesting tentative map and final map approval is hereby
granted.
On motion of Council Member Mulholland, seconded by Vice Mayor Settle and on the
following roll call vote:
AYES: Council Members Brown, Ewan and Mulholland, Vice Mayor Settle and Mayor
Romero
NOES: None
ABSENT: None
The foregoing resolution was passed and adopted this 3rd day of January 2006.
Mayor David F. Romero
ATTEST:
7
Audrey Hoo r
City Clerk
R 9754
r. ,D
Resolution No. 9754 (2006 series)
Page 2
APPROVED AS TO FORM:
Jon P. Lowell
City Attorney
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