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HomeMy WebLinkAbout9875-9898RESOLUTION NO. 9898 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING EXECUTION OF A MASTER AGREEMENT WITH THE STATE OF CALIFORNIA DEPARTMENT OF TRANSPORTATION TO RECEIVE STATE FUNDS WHEREAS, before state funds will be made available for a specific program project, the Administering Agency (City of San Luis Obispo) and the State of Californian Department of Transportation are required to enter into an agreement relative to the prosecution of the project and the operation and maintenance of the completed facility; and WHEREAS, the Department of Transportation requires the execution of the Master Agreement No. 00028S entitled "Administering Agency -State Agreement for State - Funded Projects;" and WHEREAS, for each approved project the Administering Agency must execute a Program Supplement to the Master Agreement; and WHEREAS, the Department of Transportation requires the Master Agreement and all Program Supplements to be executed by the City Council or other City officials authorized by the Council. NOW, THEREFORE, BE IT RESOLVED the Council of the City of San Luis Obispo authorizes the Director of Public Works to execute Master Agreement No. 00028S, entitled "Administering Agency - State Agreement for State - Funded Projects" and all Program Supplements thereto. Upon motion of Council Member Carter, seconded by Council Member Brown, and on the following vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 15`h day of May 2007. I' �i Resolution No. 9898 (2007 Series) Page 2 ATTEST: - d, a, & , " d2 Y", — Audrey Hooper City Clerk APPROVED AS TO FORM: vtto well O t+ ;2-igocef;o� Mayor David F. Romero 711 RESOLUTION NO. 9897 (2007 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING ACCEPTANCE OF A CONSERVATION EASEMENT ON REAL PROPERTY WHEREAS, King Ventures, Inc., ( "Grantor ") is the owner in fee simple of certain real property in the City of San Luis Obispo County, California, described as Assessor's Parcel Number 053 -022 -016 ( "the "Property "); and WHEREAS, portions of the Property possess high natural resource values including wildlife and botanical resources, and scenic open space values (the "Conservation Values ") of great importance to Grantor, the people of the City of San Luis Obispo, and the people of the State of California; and WHEREAS, Grantor intends that the conservation values of said portions of the Property be preserved and maintained by the continuation of currently existing land use patterns; and WHEREAS, Grantor further intends, as owner of the Property, to convey to the City of San Luis Obispo the right to preserve and protect the conservation values of said portions of the Property in perpetuity; and WHEREAS, the City of San Luis Obispo is a chartered municipal corporation of the State of California that is authorized by law to accept Conservation Easements; and WHEREAS, the City of San Luis Obispo agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of said portions of the Property for the benefit of this generation and the generations to come. hereby: NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo Authorizes acceptance of the offer of donation of a Conservation Easement from King Ventures, Inc., covering a portion of Assessor's Parcel Number 053- 022 -016, subject to non - substantive changes approved by the City Attorney; and 2. Authorizes and directs the Mayor to accept said Conservation Easement on behalf of the City of San Luis Obispo, more particularly described as Need of Conservation Easement (King Ventures, Inc. and the City of San Luis Obispo) and attached and incorporated herein as Exhibit A. The foregoing resolution was adopted this 15th day of May 2007. R 9897 Resolution No. 9897 (2007 Series) Page 2 On motion of Council Member Carter, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None Mayor David F. Romero ATTEST: �L"/ � - 1-4 Audrey Ho er City Clerk APPROVED AS TO FORM: Jon tha well City Attorney O 1J EXHIBIT A DEED OF CONSERVATION EASEMENT King Ventures, Inc., and the City of San Luis Obispo THIS DEED OF CONSERVATION EASEMENT dated 2007 by King Ventures, Inc., having an address at 285 Bridge Street, San Luis Obispo, CA. 93401 ( "Grantor "), in favor of the City of San Luis Obispo, a chartered municipal corporation of the State of California, having an address at 990 Palm Street,, San Luis Obispo, CA. 93401 ( "Grantee "), is made with respect to the following: RECITALS WHEREAS, Grantor is the sole owner in fee simple of certain real property consisting of one Assessor's parcel in San Luis Obispo County, California, more particularly described in Attachment A attached hereto and incorporated by this reference (the "Property "); and WHEREAS, portions of the Property possess natural resource values including wildlife and plant resources, and scenic open space values (collectively, the conservation values) of great importance to Grantor, the people of the City of San Luis Obispo, and the people of the State of California; and WHEREAS, due to soil conditions and slopes, those portions of the property have limited agricultural value; and WHEREAS, Grantor and Grantee intend that the conservation values of the property be preserved and maintained by the continuation of currently existing land use patterns, and WHEREAS, Grantor further intends, as owner . of the property, to convey to Grantee the right to preserve and protect the conservation values of the property in perpetuity; and WHEREAS, Grantee is a chartered municipal corporation of the State of California that is authorized to accept Conservation Easements; and WHEREAS, Grantee agrees by accepting this grant to honor the intentions of Grantor stated herein and to preserve and protect in perpetuity the conservation values of the Property for the benefit of this generation and the generations to come; NOW, THEREFORE, in consideration of the above and the mutual covenants, terms, conditions, and restrictions contained herein, and pursuant to the laws of California and in particular Sections 815 and 816, of the Civil Code - Conservation Easements, Grantor hereby voluntarily grants and conveys to the Grantee a Conservation Easement in gross in perpetuity over that portion of the Property having the values described above and as described in Attachment B. Said area shall be referred to hereinafter as the Easement Area. 1. Purpose. It is the purpose of this Easement to assure that the property, subject to the existing uses described herein, will be retained forever in its predominantly natural, scenic, and open space condition and to prevent any use of the Property that will significantly impair or interfere with the conservation values of the Property. The conservation values of particular importance . include the grassland and woodland communities existing on the site and their importance to wildlife. These values also include the scenic quality of the undeveloped land that is visible from the surrounding community, the value of the land as a watershed and the benefits. provided with the prevention to erosion, and protection of water quality, and the value of the land as it supports riparian vegetation along its drainage ways and creeks. 2. Riqhts of Grantee. To accomplish the purpose of this Easement, the following rights are conveyed to Grantee by this Easement: (a) To manage for the public benefit all activities incidental to management of the Easement Area involving public access, safety, and conservation of natural resources.. Specifically, Grantor allows non- motorized public access to the Easement Area consist with reasonable rules and regulations established by Grantee. Grantor also allows Grantee to undertake minor improvements to such access for the purpose of protection of natural resources or for the public safety. (b) To enter upon the Easement Area at reasonable times in order to monitor Grantor's compliance with and otherwise enforce the terms of this Easement; provided that such entry shall be upon prior reasonable notice to Grantor, and Grantee shall not unreasonably interfere with Grantor's use and quiet enjoyment of the property; and (c) To prevent any activity on or use of the property that is inconsistent with the purpose of this Easement and to require the restoration of such areas or features of the property that may be damaged by any inconsistent activity or use. 3. Prohibited Activities. Any activity on or use of the Easement Area inconsistent with the purpose of this Easement is prohibited. Without limiting the generality of the foregoing, the following activities and uses are prohibited from being established: (a) Subdivision of the land pursuant to the California Subdivision Map Act. (b) Building or erection of structures of any kind. (c) Cutting or removal of trees, except as may be necessary for health of the remaining trees or for public safety. (d) Mining or other mineral exploration or exploitation of the property. (e) The exploration, collection of and delivery of water to any other property. (f) Grading, other than for purposes of providing hiking or riding trails on the site consistent with generally accepted standards, or for the reasonable C maintenance or improvement of the several access roads which currently exist within the Easement Area. 4. Access Road to Commuriication Sites on Adjacent Land Grantee.and Grantor agree to jointly enforce standards upon the condition of, and use of, the road currently used for access to the several communication sites on private lands to the west of the. Property. Such standards may include, but are not limited to: installing proper grading, surfacing, drainage facilities and undercrossing for natural waterway flows, and protection of sensitive resources and natural habitat that exists alongside said access road. Grantee and Grantor further agree to require users of said road to provide funding for the improvements necessary to bring the road to acceptable standards and for ongoing maintenance. The standards to be applied shall be no less than the design and construction standards utilized by the Natural Resources Conservation Service, U. S. Department of Agriculture (NRCS- USDA), in that agency's private landowner assistance programs. 5. Reserved Rights. Grantor reserves to himself, and to his personal representatives, heirs, successors, and assigns, all rights accruing from their ownership of the Property, including the right to engage in or permit or invite others to engage in all uses of the property that are not expressly prohibited herein or are inconsistent, with the purpose of this Easement. Grantor specifically reserves the right to use portions of the Easement Area for habitat mitigation purposes in consultation with Grantee and as required by the Conditions of approval of Tract No. 2428 in the City of San Luis Obispo. 6. Baseline Documentation. The parties agree that the specific conservation values of the property shall be documented in a report. ( "the Baseline Report") that shall be completed within thirty days of the transfer of this Deed of Conservation Easement, and that both, Grantee and Grantor shall receive true copies of this report. The Report shall consist of maps, photographs, and other documentation that, the parties must agree in writing, provide an accurate representation of the Property at the time of this grant and which is intended to serve as an objective information baseline for monitoring compliance with the terms of this grant 7. Arbitration. Any controversy arising from this Easement or its breach shall be determined by three arbitrators appointed as set out below: (a) Within thirty (30) days after a notice by either party to the other requesting arbitration and stating the basis of the parry's claim, one arbitrator shall be appointed by each party. Notice of the appointment shall be given to each party and to the other party when made. (b) The two arbitrators shall immediately choose a third arbitrator to act with them. If a party fails to select an arbitrator within the time allowed or if the two arbitrators fail to select a third arbitrator within 14 days after their appointment, on application by either party the third arbitrator shall be promptly appointed by the then presiding judge of the Superior Court of the State of California in and r "1 for the County of San Luis Obispo acting as an individual within 14 days. The party making the application shall give the other party 14 day's notice of the application. The arbitration shall be conducted under the Code of Civil Procedures (Section 1280- 1294.2). Hearings shall be held in San Luis Obispo County, California. Both parties agree by signing this Easement that they are agreeing to have any dispute arising from the matters included in the Arbitration provisions of this Easement decided by neutral arbitration'as provided by California law and that each party is giving up any rights to have the dispute litigated in a court or by a jury trial. By signing this Easement, each party is giving up their judicial rights to discovery and appeal unless such rights are specially requested in the notice requesting Arbitration or as permitted by CCP 1280 et.seq. If either party refuses to submit to arbitration, they may be compelled to arbitrate under the authority of the California Code of Civil Procedure. 8. Grantee's Remedies. If Grantee determines that Grantor is in violation of the terms of this Easement or that a violation is threatened, Grantee shall give written notice to Grantor of such violation and demand corrective action sufficient to cure the violation and, where the violation involves injury to the property resulting from any use or activity inconsistent with the purpose of this Easement, to restore the portion of the property so injured. If Grantor fails to cure the violation within a thirty (30) days after receipt of notice thereof from Grantee, or under circumstances where the violation cannot reasonably be cured within a thirty (30) -day period, fails to begin curing such violation within the thirty (30) -day period, or fails to continue diligently to cure such violation until finally cured, Grantee may bring an action at law or in equity in a court of competent jurisdiction to enforce the terms of the Easement, to enjoin the violation, ex parte as necessary, by temporary or permanent injunction, to recover any damages to which it may be entitled for violation of the terms of this Easement or injury to any conservation values protected by this Easement, including damages for the loss of scenic, aesthetic, or environmental values, and to require the restoration of the Property to the condition that existed prior to any such injury. Without limiting Grantor's liability therefore, Grantee, in its sole discretion, may apply any damages recovered to the cost of undertaking any correction action on the Property. If Grantee, in its sole discretion, determines that circumstances require immediate action to prevent or mitigate significant damage to the conservation values of the Property, Grantee may pursue its remedies under this Paragraph without prior notice to Grantor or without waiting for the period provided for cure to expire. Grantee's rights under this Paragraph apply equally in the event of either actual or threatened violation of the terms of this Easement, and Grantor agrees that Grantee's remedies at law for any violation of the terms of this Easement are inadequate and that Grantee shall be entitled to the injunctive relief described in this Paragraph, both prohibitive and mandatory, in addition to such other relief to which Grantee may be entitled, including specific performance of the terms of this Easement, without the necessary of proving either actual damages or the inadequacy of otherwise available legal remedies. Grantee's remedies C� �J described in this Paragraph shall be cumulative and shall be in addition to all remedies now or hereafter existing at law or in equity. 9. Costs of Enforcement. Any costs incurred by Grantee in enforcing the terms of this Easement against Grantor, including, without limitation, costs of suit and attorneys' fees, and any costs of restoration necessitated by Grantor's violation of the terms of this Easement shall be borne by Grantor. If Grantor prevails in any action to enforce the terms of this Easement, Grantor's costs of suit, including, without limitation, attorneys' fee, shall be borne by Grantee. If Grantee prevails in any action to enforce the terms of this Easement, Grantee's costs of suit, including without limitation, attorneys' fees, shall be borne by Grantor. 10. Grantee's Discretion. Enforcement of the terms of this Easement shall be at the discretion of Grantee, and any forbearance by Grantee to exercise its rights under this Easement in the event of any breach of any term of this Easement by Grantor shall not be deemed or construed to be a waiver by Grantee of such term or of any of Grantee's rights under this Easement. No delay or omission by Grantee in the exercise of any right or remedy upon any beach by Grantor shall impair such right or remedy or be construed as a waiver. 11. Waiver of Certain Defenses. Grantor and Grantee hereby mutually waive any defense of laches, estoppel, or prescription. 12. Acts Beyond .Grantor's Control. Nothing contained in this Easement shall be construed to entitle Grantee to bring any action against Grantor for any injury to or change in the Property resulting from causes beyond Grantor's control, including, without limitation, fire, flood, storm, and earth movement, or from any prudent action taken by Grantor under emergency conditions to prevent, abate, or mitigate significant injury to the Property resulting from such causes. 13. No Undue Expense to Grantor. Under the express terms of this Deed of Conservation Easement, Grantor shall not incur any expense with maintaining the property as open space, except for costs of necessary annual fire hazard abatement in accordance with City fire regulations. Upon recordation of the final map, responsibility for hazard abatement maintenance and its expense will be transferred to the Tract 2428 subdivision's homeowners association, which shall be formed prior to conveyance of the first lot. All other expenses associated with conservation efforts Grantee determines to be necessary to preserve the open space easement shall be borne by Grantee, unless and to the extent Grantor is in violation of this Deed of Conservation Easement, in which case provisions herein shall control. 14. Taxes. Grantor shall pay all taxes, assessments, fees, and charges of whatever description lejiied on or assessed against the property by competent authority (collectively taxes''), including any taxes imposed upon, or incurred as a result of, this Easement, and shall furnish Grantee with satisfactory evidence of payment upon request subject to the right to contest any such taxes. 1 , J 15. Hold Harmless. Grantor shall hold harmless; indemnify, and defend Grantee and its directors, officers, employees, agents, and contractors and their heirs, personal representatives, successors and assigns of each of them (collectively "Indemnified Parties ") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney's fees, arising from or in any way connected with: (1) injury to or death of any person; (2) physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due to the sole negligence of any of the Indemnified parties; (3) the obligations specified in paragraph 12; or (4) the existence of this Easement. Grantee shall hold harmless, indemnify, and defend Grantor and its directors, officers, employees, agents, and contractors and their heirs, personal representatives, successors and assigns of each of them (collectively "Indemnified Parties ") from and against all liabilities, penalties, costs, losses, damages, expenses, causes of action, claims, demands, or judgments, including, without limitation, reasonable attorney's fees, arising from or in any way connected with: (1) injury to or death of any person; (2) physical damage to any property, resulting from any act, omission, condition, or other matter related to or occurring on or about the Property, regardless of cause, unless due to the sole negligence_ of any of the Indemnified parties; (3) the obligations specified in paragraph 12; or (4) the existence of this Easement 16. Extinguishment. If circumstances arise in the future such as render the purpose of this Easement impossible to accomplish, this Easement can only be terminated or extinguished, whether in whole_ or in part, by judicial proceedings in a court of competent jurisdiction, and the amount of the proceeds (if any) to which Grantee shall be entitled, after the satisfaction or prior claims, from any sale, exchange, or involuntary conversion of all or any portion of the Property subsequent to such termination or extinguishment, shall be determined as provided by California law. 17. Condemnation. If the Easement is taken, in whole or in part, by exercise of the power of- eminent domain, Grantee shall be entitled to compensation in accordance with applicable law. 18. Assignment. This Easement is transferable, but Grantee may assign its rights and obligations under this Easement only to an organization that is a qualified organization at the time of transfer under Section 1.70(h) of the Internal Revenue Code of 1954, as amended (or any successor provision then applicable), and the applicable regulations promulgated thereunder; and authorized to acquire and hold conservation easements under state statue (or any successor provision then applicable). 19. _Subsequent Transfers. Grantor agrees to incorporate the terms of this Easement in any deed or other legal instrument by which they divest themselves of any interest in all or a portion of the Property, including, without limitation, a leasehold interest. Grantor further agrees to give written notice to Grantee of the transfer of any interest at least twenty (20) days prior to the date of such transfer. The failure of Grantor to perform any act required by this . paragraph shall not impair the validity of this Easement or limit its enforceability in any way. 20. Certificates. Upon request by Grantor, Grantee shall within twenty (20) days execute and deliver to Grantor any document, including an estoppel certificate, which certifies Grantor's compliance with any obligation of Grantor contained in this Easement and otherwise evidences the status of this Easement as may be requested by Grantor. 21. Notices. Any notice, demand, request, consent, approval, or communication that either party desires or is required to give to the other shall be in writing and either served personally or sent by first class mail, postage prepaid, addressed as follows: To Grantor: King Ventures, Inc. 285 Bridge Street San Luis Obispo, CA. 93401 To Grantee: Mr. Ken Hampian, City Administrative Officer City of San Luis Obispo 990 Palm Street San Luis Obispo, CA 93401 or to such other address as either party from time to time shall designate by written notice to the other. 21. Recordation. Grantee shall record this instrument in a timely fashion in the official records of San Luis Obispo County, California, and may re- record it at any time as may be required to preserve its rights in this Easement. 22. Monitoring. The Grantee or its designee shall conduct annual monitoring of the conservation values within the Property. Such monitoring shall be done in accordance with a systematic and routine checklist designed to facilitate the identification of trends and changes of the conservation values over time. A copy of each monitoring report shall be given to the Grantor. 23. Subordination. At the time of the conveyance of this Easement, the Property is subject to mortgage. The holder of this mortgage agrees by execution of this Easement to subordinate its rights in the property to this Easement to the extent necessary to permit the Grantee to enforce the purpose of this Easement in perpetuity and to prevent any modification or extinguishment of this Easement by the exercise of any rights of the mortgage holder. 23. General Provisions. (a) Controlling Law. The interpretation and performance of this Easement shall be government by the laws of the State of California. (b) Liberal_ Construction. Any general rule of construction to the contrary notwithstanding, this Easement shall be liberally construed in favor of the grant to effect the purpose of this Easement and the policy and purpose of the Conservation Act of 1979 as described in Sections 815 through 816 of the California Civil Code. If any provision in this. instrument is found to be ambiguous, an interpretation consistent with the purpose of this Easement that would render the provision valid shall be favored over any interpretation that would render it invalid.. (c) Severabilitv. If any provision of this Easement, or the application thereof to any person or circumstance, is found to be 'invalid, the remainder of the provisions of this Easement, or the application of such provision to persons or circumstances other than those as to which it is found to be invalid, as the case may be, shall not be affected thereby. (d) Entire Agreement. This instrument sets forth the entire agreement of the parties with respect to the Easement and superseded all prior discussions, negotiations, understandings, or agreements relating to the Easement, all of which are merged herein. (e) Successors. The covenants, terms, conditions, and restrictions of this Easement shall be binding upon, and inure to the benefit of, the parties hereto and their respective personal representatives, heirs, successors, and assigns and shall continue as a servitude running perpetually with the Property. (f) Captions. The captions in this instrument have been inserted solely for convenience of reference and are not a part of this instrument and shall have no effect upon construction or interpretation. (g) Counterparts. The parties may execute this instrument in two or more counterparts, which shall; in the aggregate, be signed by both parties; each counterpart shall be deemed an original 'instrument as against any party who has signed it. In the event of any disparity between the counterparts produced, the recorded counterpart shall be controlling. TO HAVE AND TO HOLD unto Grantee, its successors, and assigns forever. IN WITNESS WHEREOF Grantor has set their hand on the day and year first written above. GRANTOR: King Ventures, Inc. by: John King ATTACHMENT A Legal Description of the Properly Real property in the unincorporated area of the San Luis Obispo County of San Luis Obispo, State of California, described as follows: PARCEL 1 Lot 31 of the Map of the Subdivisions of a Tract of land adjoining the Town of San Luis Obispo, the Property of W.L. Beebee and C.H. Phillips surveyed by R.R. Harris, November 1874, partially in the City of San Luis Obispo, in the County of San Luis Obispo, State of California, according to map recorded in the office of the County Recorder of said County. EXCEPTING therefrom that portion thereof conveyed to H.E. McBride in deed dated May 5, 1887 and recorded May 5, 1887 in Book X, Page 58 of Deeds. ALSO EXCEPTING therefrom that portion conveyed to the City of San Luis Obispo in deed recorded November 15, 1974 in Book 1806, Page 315 of Official Records. ALSO EXCEPTING therefrom Lots 1 through 40, Lot A, Stoneridge Drive, Bluerock Drive, Bluerock Court and Rockview Place as shown upon the. map of Tract No.. 1150, in the County of San Luis Obispo, State of California, according to map recorded in Book 13, Page 48 of Maps, in the office of the County Recorder of said County. ALSO EXCEPTING therefrom that portion of Tract No. 1150 as described in the Gift Deed to the City of San Luis Obispo recorded April 9, 1993 in Book 4068, Page 185 of Official Records. ALSO EXCEPTING Tract No. 2126, in the City of San Luis Obispo, in the County of San Luis Obispo, State of California, as recorded March 21, 1997 in Book 18, Page 1 of Maps, in the office of the County Recorder of said County and Certificate of Correction recorded May 8, 1998 as Instrument No. 1998- 027041 of official Records. PARCEL 2: All that part of Government Lots 3 and 4 and the South 1/2 of the Northwest 1/4 of Section 2 in Township 31 South, Range 12 East, Mount Diablo Base and Meridian, partially in the City of San Luis Obispo, in the County of San Luis Obispo, State of California, according to the official plat of the survey of said land approved by the Surveyor General on November 21, 1867, described as follows: Beginning at the 1/4 section corner between Sections 2 and 35 on the line between Townships 30 and 31 South, Range 12 East, Mount Diablo Base and Meridian and running thence West between Sections 2 and 35 aforesaid about 30 chains to post R. No. 2; thence South 40.25 chains to a post marked R. No. 1 on the center East and West line of Section 2; thence East about 30 chains to the center of said Section 2; thence North about 40 chains to the place of beginning. EXCEPTING therefrom that portion thereof conveyed to H.E. McBride in deed dated May 5, 1887 and recorded May 5, 1887 in Book X, Page 58 of Deeds. ALSO EXCEPTING therefrom that portion of Tract No. 1150 as described in the Gift Deed to the City of San Luis Obispo recorded April 9, 1993 in Book 4068, Page 185 of Official Records. n C ALSO EXCEPTING therefrom those portions offered for dedication to the City of San Luis Obispo, in the documents recorded in Book 2881, Page 726 and in Book 2881, Page 730 of Official Records. ALSO EXCEPTING Tract No. 2126, in the City of San Luis Obispo, in the County of San Luis Obispo, State of California, as recorded March 21, 1997 in Book 18, Page 1 of Maps, in the office of the County Recorder of said County and Certificate of Correction recorded May 8, 1998 as Instrument No. 1998 - 027041 of Official Records. APN: 053 - 022 -016 N 0 O m a o° h �{ J U"� �no4 O oho �2U U ev5m° V- -+ q c 6 IL Q mmm LOp~U R.Q U) zap dam ~�voi Vti� o lea m ` ° H - j J 2 ATTACHMENT 113 Legal Description of Easement Area An: Easement for Conservation Purposes lying over, under and upon a portion of the—!Remainder Parcel of Tract 1150 in the City and County of San Luis Obispo, State of California also being designated as "NOT A PART' according to, Map Book 13, Page 48 recorded in the office of the Recorder of said County, said Easement being more particularly described as follows: Beginning at a one and one half inch iron pipe tagged RCE 29930 found at the Northeast comer of Lot 1 of Tract 1476 according to Map Book 13, Page 98; thence along the West line of said Remainder of Tract 1150, North 0° 19' 23" West, 1036.06 feet to the Southerly Boundary of that certain Parcel of land designated as "OPEN SPACE" being described and conveyed in. GIFT DEED recorded as Document Number 1993 - 019760 in Book 4068, Page 185'. of Official Records of said County, which bears South 04 19' 23" East, 602.61 feet from the Northwest corner of said Remainder of Tract 1150; thence. along said Southerly Boundary; South 890 21' 39" East, 1046.49 feet; thence, South 43° 5,9'31- :East, 257.15 feet; thence, South 610 08' 4T' East, 434.15 feet; thence, South 450 04' 22" East, 438.39 feet; thence, South 360 06' 01" East, 544.04 feet; thence, South 400 31118" East, 905.97 feet to the Southwesterly terminus of the course on the easterly line of said remainder labeled North 350 34'57" East, 53.62.feet. on said Map of Tract 1150; thence the following courses along said Easterly line, South 030 08' 15" East, 119.56 feet; thence, South 66° 24' 50' West, 49.12 feet; thence, South'690 06' 01" West, 137.34 feet; thence, South 16° 15' 34 East, 34.13 feet to a one and one quarter inch iron pipe tagged LS 3877 found at the Southeast corner of said Remainder of Tract 1150;. thence along the South. line of said Remainder, South '890 51'51" West, 687.99 feet to the Northeast corner of Lot 31 of San Luis Obispo Suburban Tract according to Licensed Surveys Book 1, Page 92; thence cbntinuing along said line, South 890 51' 51" West, 40.42 feet to Tract 2428; thence along Tract 2428; North. 020 08' 49" West,. 57.23 feet; thence, North 191.142'45" West, 62.66 feet; thence, h e O C North 380 11' 27" West, 62.66 feet; thence, Noith`540 57' 47" West, 51.16 feet; thence, North '62 °'26' 12" West, 46.59 feet; thence, North 530 20' 07" West, 46.00 feet; thence, South 360 39' 53" West, 99.53 feet; thence, North 530 20' 07" West, 77.48 feet; thence, North 370 48'23" East, 99.55 feet; thence, North 520 57'42 West, 46.00 feet; thence, North 54° 13'48" West, 52.97 feet; thence, North 570 22'25" West, 54.39 feet; thence, North. 63019' 19" West; 48.57 feet; thence, North 59° 58' 50" West, 44.13 feet; thence, North 53° '09' 04" (Nest, 44.13 feet; thence, North 466 19' 18" West, 44.13 feet; thence, North 390 45' 59" West, 40.59 feet; thence; South 53° 22' 26" West, 99.53 feet to the beginning of a non - tangent curve concave Northeasterly with a Radius of 470.00 feet; thence from a semi: tangent. I. bearing of North 36° 37'34" West along said curve Northwesterly and to the Right through a Central angle of 80 24' 02-'for an Are Length of 68.91 feet; thence, North 280 13'32" West, 16.03 feet; thence, North 610 46'28" East, 99.53 feet; thence, North 28° 13' 32" West, 96.00 feet; thence, North 28° 40'35" West, 52.74 feet; thence, North 360 17'25" West, 59.48 feet; thence, North 460 13'30" West, 54.21 feet; thence, South 39° 04'50"' West, 99.53 feet to the beginning of a non - tangent curve concave Southwesterly with a Radius of 230.00 feet thence from a semi- tangent [iearirig of North 500 55' 10 " West along said curve Northwesterly and to the Left ... thiough a Central angle of 180 29' 31" for an Arc Length of 74.23 feet; thence, North 319 20' 13" East, 105.80 feet; thence, North 729 42' 36" West, 77.68 feet; thence, North 859 05' 45" West, 66.66 feet; thence, South 860 31' 51" West, 39.85 feet; thence, South 13° 20' 34" West, 56.26 feet thence, South 27° 09' 11 ". West, 36.74 feet; thence, South 230 24' 54" West, 35:07 feet to the beginning of anon- tangent curve concave Southeasterly with a Radius of 230.00 feet; thence from asemi- tangent beating of South 67° 27' 56" West along said curve Southwesterly and to the Left through a Central angle of 60 17' 13" for an Arc Length of 25.24 feet; thence, South 61 ° 10'43" West, 46.13 feet to the beginning of a tangent curve concave Noithwesferly with a Radius of 470.00 feet; thence along said curve Southwesterly and to the Right through a Central angle of 1 ° 01' 48" for an Arc Let gth of 8.45 feet; thence, North 23`24' 54" East, 38.13 feet; thence, North 4 °20'28" West, 82.91 feet; thence, South 620 03' 12" West, 70.32 feet; thence, South 68"..5T .12" West, 78A6 feet; thence, South 780 29'_39' West, 176:27 feet; thence, South 830 01' 30" West, 54.56 feet; thence, So(o 860 41' 29" Wes#, 22.56 feet; thence, North'88" 41' 32" West, 41.71 feet; thence, North 720 42' 52" West, 205.13 feet; thence, North 62° 13' 12 West, 114.81 feet, thence, North 670 18' 09" West, 136.77 feet to the West line of the Remainder of Tract 1'11 thence along said West line, Norrth 0° 23' 22" West, 144.25 feet to the Point of Beginning and containing 71.36 acres, more or less. END OF DESCRIPTION a PL84283 Exp. 6130/ 8� August 29, 2006 % GsJ LS 4283 exp 6 -30 -2008 I 1 O a z a m cn w V) O d° tS ��a WOZC� DzO zFW,) -3<z F— oof a,!2 zV)< § LL XZK - J- �¢ M L umwO`.UVf~ Rp `3� , 6D -]� co "5 coi U4Z N0019 "23 "W 1D. VVL lovaL 3. Y 14 N N co a_ °n O NNE Z 0 `U a. - W " QZ�- Z �N =ate o� m Y/VV 69 N m ao Z �n ^ O S1 r� r+ eTi V co N N U a ir 9LV l iOV8-1 to to N U d 12 0 0 U d I'� Lei+'- r— '=' -�> RESOLUTION NO. 9896 (2007 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO REQUESTING THE LOCAL AGENCY FORMATION COMMISSION INITIATE PROCEEDINGS FOR THE ANNEXATION OF APPROXIMATELY 620 ACRES OF LAND IN THE MARGARITA AREA AND AIRPORT AREA, AND ADOPTING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR THE PROJECT ANNX/ER 172 -05 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 May 1, 2007, for the purpose of considering Planning Application AANX/ER 172 -05, a project to annex the remaining unincorporated portions of the Margarita Area and a significant portion of the Airport Area; and 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, Califomia, on March 28, 2007, for the purpose of formulating and forwarding recommendations to the City Council of the City of San Luis Obispo regarding the project; and WHEREAS, the Margarita Area Specific Plan was adopted by the City Council on October 12, 2004, and the Airport Area Specific Plan was adopted by the City Council on August 23, 2005, satisfying the requirements of the General Plan (Land Use Element policies 1.13.3, 2.3.1, 7.3 and 7.4), which require adoption of specific plans prior to annexation; and WHEREAS, the proposed annexation is necessary for the City to fully implement the adopted specific plans; and WHEREAS, the City Council considered the Initial Study and Mitigated Negative Declaration of Environmental Impact (ER 172 -05) for the project, and determined that the document adequately addresses the potential environmental effects of the proposed annexation, and WHEREAS, the City Council desires to initiate annexation proceedings pursuant to the Cortese - Knox - Hertzberg Local Govemment Reorganization Act of 2000; and WHEREAS, notice of intent to adopt this resolution of intention has been given; and WHEREAS, the proposed annexation is consistent with the adopted Sphere of Influence for the City of San Luis Obispo; 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, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: M, o Resolution No. 9896 (2007 Series) Page 2 Section 1. Findings. Based upon all the evidence, the City Council makes the following findings: Annexation of land in the Margarita Area and Airport Area will promote the public health, safety and welfare by ensuring that all new development complies with the comprehensive land use plans and property development standards established in the Margarita Area Specific Plan and Airport Area Specific Plan. 2. The proposed annexation includes all of the remaining land in the Margarita Area that has not already been annexed, which will facilitate orderly development. The land proposed for annexation includes the site of the regional drainage facility, remaining portions of the right - of -way for Prado Road, the neighborhood park site, the neighborhood commercial site, open space land, and additional land zoned for residential and commercial development. 3. The proposed annexation of land in the Airport Area is consistent with Land Use Element Policy 7.3, which says that the City will actively pursue annexation of the Airport Area. 4. The proposed Negative Declaration for the project adequately addresses the environmental impacts of the project because annexation does not create any environmental effects that are different from those identified in the Final Program EIR for the Margarita Area and Airport Area Specific Plans and Related Facilities Master Plans. Section 2. Environmental Review. The City Council does hereby adopt a Negative Declaration for the project. Section 3. Action. The City Council does hereby request the Local Agency Formation Commission initiate proceedings to annex the approximately 620 acres of land in the Margarita Area and Airport Area as identified and incorporated herein by reference in Exhibit A. On motion of Council Member Settle, seconded by Council Member Carter, and on the following roll call vote: AYES: Council Members Brown, Carter and Settle, and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: None The foregoing resolution was passed and adopted this 1" day of May 2007. Resolution No. 9896 (2007 Series) Page 3 ATTEST: Audrey Hoo r City Clerk APPROVED AS TO FORM: Jon an . well City Attorney Mayor David F. Romero i I SL , 1 -1 W s�4fh y'94 m e� sf�e m CL f �\ II W, \ , I , 1 I i 6 K D m • i 0 0 �o lc-jz 3 r 3 m N I 11 Santa Fe Road f,`� � 1 I CL CL a m m o 9 .mac - - I ;A 'w i 6 K D m • i 0 0 �o lc-jz 3 r 3 m N I L__JI c CL CL a m m o 9 'w ® c ,n 0 0 RESOLUTION NO. 9895 (2007 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR PHASE 1 OF TRACT NO. 2560 WHEREAS, the City Council made certain findings concerning the tentative map for Tract 2560, as prescribed in Resolution No. 9638 (2004 Series), and WHEREAS, all conditions required per said Resolution No. 9638 (2004 Series) will be met prior to or concurrent with final recordation of the next phase of the subdivision. NOW THEREFORE BE IT RESOLVED that the final map for Phase 1 of Tract No. 2560, as shown on the Tract 2560 — Phase 1, Bridge Street Neighborhood, consisting of four pages prepared by MBS Land Surveys, dated February 2007, attached and incorporated herein as Exhibit "A ", is found to be in substantial compliance with the vesting tentative map, and final map approval is hereby granted. Upon motion of Council Member Brown, seconded by Council Member Settle, and on the following roll call voter AYES: Council Members Brown, Carter and Settle, and Mayor Romero NOES: Vice Mayor Mulholland. ABSENT: None The foregoing resolution was passed and adopted this 15` day of May 2007. Mayor David F. Romero ATTEST: (if G d�" Audrey Ho0 r ' City Clerk APPROVED AS TO FORM: Jo athan well City omey R 9895 8 54 � R Q r N 0 8si i! 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RESOLUTION NO. 9894 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS ABISPO DENYING AN APPEAL OF THE ARCHITECTURAL REVIEW COMMISSION'S ACTION AND ALLOWING A REMODEL OF THE SERVICE STATION AT 3180 BROAD STREET RETAINING CONDITION 6, ELIMINATING PROPOSED LED ACCENT LIGHTING FROM THE CANOPY, ARC 181 -06. WHEREAS, on March 7, 2007, the Architectural Review Commission (ARC) conducted a public hearing and approved project ARC 181 -06 based on findings and subject to conditions; one of which required elimination of the applicant's proposed accent lighting on the canopy; and WHEREAS, Gloria Hicks, a representative for the applicant (Chevron) filed an appeal of the Architectural Review Commission's action (specifically condition 6) on March 15, 2007; and WHEREAS, the City Council conducted a public hearing on April 17, 2007, and has considered testimony of the appellant, interested parties, and the evaluation and recommendation of staff and the ARC. 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 Architectural Review Commission actions, the appellants' statement, staff recommendations and reports thereof, makes the following findings: 1. The proposed Condition 6 implements Chapter 3.4 of the Community Design Guidelines which was written to prescribe specific design standards for service stations throughout the City. More particularly, this condition ensures that the Community Design Guidelines provisions discouraging reflective, glossy and fluorescent surfaces and prohibiting internally illuminated canopies. 2. Condition 6 is designed to help make the canopy appear as a subtle design element rather than an oversized sign or corporate image. 3. Elimination of the accent lighting on the canopy is consistent with the ARC's action on other service stations throughout the City. Past ARC action on service stations has focused on subtle designs, limited signage, and retention of "San Luis Obispo" imagery rather than corporate imagery that is common to many other communities. 4. The elimination of the canopy accent lighting will not prevent the applicant from introducing all other image updates and lighting updates to the service station. Resolution No. 9894 (2007 Series) Page 2 SECTION 2. Appeal Denied. The appeal of the Architectural Review Commission's action is hereby denied and condition 6 is retained as follows: 6. The design of the canopy shall be as proposed on plans dated September 6, 2006, without the addition of LED lights. The Chevron sign and logo may be internally illuminated as proposed. On motion of Vice Mayor Mulholland, seconded by Council Member Carter and on the following roll call vote: AYES: Council Members Brown and Carter, and Vice Mayor Mulholland NOES: Council Member Settle and Mayor Romero ABSENT: None The foregoing resolution was adopted this 17`h day of April 2007. Mayor David F. Romero ATTEST: i Audrey H " er City Clerk APPROVED AS TO FORM: Jona an P. well City Attorney O Q RESOLUTION NO. 9893 (2007 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO ADJUSTING COMPENSATION FOR THE CITY ADMINISTRATIVE OFFICER WHEREAS, by Resolution No. 9037 (2000 Series), the City Council appointed Ken Hampian as City Administrative Officer (CAO); and WHEREAS, by Resolution No. 9783 (2006 Series) the City Council established compensation for CAO, Ken Hampian; and WHEREAS, the City Council conducted a performance evaluation on March 15, 2007, in accordance with the Appointed Officials' Performance Process as modified in August 2002. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Effective April 5, 2007, the salary range and the CAO's salary shall be increased to $13,175.00 per month. SECTION 2. All other compensation and benefits afforded the CAO under Management Compensation Resolution No. 9892 (2007 Series) and the CAO Employment Agreement (Resolution No. 9037, 2000 Series), not superseded by the above, shall remain in full force and effect. SECTION 3. The City Council shall evaluate the performance of the CAO annually. On motion of Council Member Settle, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown. Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 17`h day of April 2007. Resolution No. 9893 (200'r�eries) Page 2 ATTEST: Audrey 130per City CI APPROVED AS TO FORM: Jon t Lowell City Attorney i Mayor David F. Romero I���i�,/uF uE�� /- /h'�i:� //� %/ P�._ R �5� -'yin i..��,:. ° �:' � ._p, A �� �- .a'��..t ^��. :. Rte._ ,,.1`'':�" �', ^c �11- �.4.'�� +`r`ti i,"�"`� ".�' RESOLUTION NO. 9892 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO REVISING MANAGEMENT COMPENSATION AND THE PAY FOR PERFORMANCE SYSTEM FOR APPOINTED OFFICIALS AND MANAGEMENT PERSONNEL SUPERSEDING PREVIOUS RESOLUTIONS IN CONFLICT WHEREAS, the City Council is committed to a comprehensive policy that strengthens the recruitment and retention of well qualified and effective appointed officials and management personnel; and WHEREAS, in 1996 the City Council established the Management Pay for Performance System, which has included periodic reviews and updates; and WHEREAS, the City Council wishes to provide an appropriate compensation package for its management personnel. NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of San Luis Obispo hereby revises management compensation and the Management Pay for Performance System as follows: SECTION 1. The management compensation package and the Management Pay for Performance System will continue for a two -year term commencing January 1, 2007. During this term the Director of Human Resources shall convene a committee of management employees to review the Pay for Performance System and recommend improvements. SECTION 2. The City agrees to adjust management salary ranges and to adjust the salaries of management employees according to the schedule shown in Exhibit "A ". SECTION 3. The City agrees to increase the cafeteria contribution to $710 per month effective December 1, 2006, and to $790 per month effective December 1, 2007. SECTION 4: The Pay for Performance feature providing lump sum payments continues to be suspended for those employees at the top of their salary range. SECTION 5. The City shall continue to provide employees in those classifications listed in Exhibit "A" certain fringe benefits as set forth in Exhibit `B ", fully incorporated by reference. SECTION 6. The Director of Finance and Information Technology shall adjust the appropriate accounts to reflect the compensation changes. . ai- Resolution No. 9892 (2007 Series) Page 2 Upon motion of Council Member Settle, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 17`s day of April 2007. Mayor David F. Romero UNIMIN &h, 4"�" Audrey Hoo er City Clerk APPROVED AS TO FORM: Jbnat .Lowell City Attorney O EXHIBIT `,A„ Page 1 of 8 Salary Range Listing - Management Employees 2% Salary increase effective January 2007 Range Low Range High Job Salary Position Title Bi- Monthly Bi- Monthly Class Range Weekly Weekly 2010 220 City Administrative Officer $4,654 $10,084 $5,819 $12,608 2020 210 City Attorney $4,250 $9,209 $5,311 $11,507 2600 279 Police Chief $3,887 $8,422 $4,860 $10,531 2510 267 Assistant City Administrative Officer $3,845 $8,332 $4,808 $10,418 2610 267 Fire Chief $3,845 $8,332 $4,808 $10,418 2530 267 Director of Finance and Information Technology $3,845 $8,332 $4,808 $10,418 2560 267 Director of Public Works $3,845 $8,332 $4,808 $10,418 2550 270 Director of Community Development $3,668 $7,947 $4,585 $9,934 2580 270 Director of Utilities $3,668 $7,947 $4,585 $9,934 2540 261 Director of Human Resources $3,472 $7,523 $4,341 $9,406 2590 261 Director of Parks & Recreation $3,472 $7,523 $4,341 $9,406 2520 255 City Clerk $3,040 $6,586 $3,801 $8,234 3106 352 Deputy Dir of Public Works/City Engineer $3,193 $6,917 $3,991 $8,648 3050 350 Assistant City Attorney $3,040 $6,586 $3,801 $8,234 3103 350 Deputy Dir of Community Development $3,040 $6,586 $3,801 $8,234 3104 350 Deputy Dir of Community Development $3,040 $6,586 $3,801 $8,234 3102 350 Deputy Dir of Utilities/ Wastewater $3,040 $6,586 $3,801 $8,234 3101 350 Deputy Dir of Utilities/Water $3,040 $6,586 $3,801 $8,234 3108 350 Deputy Director of Public Works $3,040 $6,586 $3,801 $8,234 3010 350 Finance Manager $3,040 $6,586 $3,801 $8,234 3180 350 Information Technology Manager $3,040 $6,586 $3,801 $8,234 3080 345 Chief Building Official $2,722 $5,898 $3,403 $7,373 '3085 345 City Traffic Engineer $2,722 $5,898 $3,403 $7,373 3120 345 Economic Development Manager $2,722 $5,898 $3,403 $7,373 3200 345 Natural Resources Manager $2,722 $5,898 $3,403 $7,373 3099 335 Construction Engineering Mgr - New $2,609 $5,653 $3,260 $7,063 3130 335 Fire Marshall $2,609 $5,653 $3,260 $7,063 3340 335 Supervising Civil Engineer $2,609 $5,653 $3,260 $7,063 3355 335 Telecommunications Supervisor $2,609 $5,653 $3,260 $7,063 3098 325 Construction Engineering Mgr - Old $2,441 $5,289 $3,052 $6,612 3210 325 Neighborhood Services Manager $2,441 $5,289 $3,052 $6,612 3220 325 Parking Manager $2,441 $5,289 $3,052 $6,612 EXHIBIT "A" Page 2 of 8 Salary Range Listing - Management Employees 2% Salary increase effective January 2007 Range Low Range High Job Salary Position Title Bi- Monthly Bi- Monthly Class Range Weekly Weekly 3032 325 Principal Administrative Analyst $2,441 $5,289 $3,052 $6,612 3260 325 Principal Transportation Planner $2,441 $5,289 $3,052 $6,612 3237 325 Public Works Administrative Services Mgr $2,441 $5,289 $3,052 $6,612 3290 325 Recreation Manager $2,441 $5,289 $3,052 $6,612 3320 325 Risk Manager $2,441 $5,289 $3,052 $6,612 3335 325 Senior Civil Engineer $2,441 $5,289 $3,052 $6,612 3360 325 Transit Manager $2,441 $5,289 $3,052 $6,612 3380 325 Utilities Engineer . $2,441 $5,289 $3,052 $6,612 3400 325 Water Projects Manager $2,441 $5,289 $3,052 $6,612 3460 325 Water Treatment Plant Supervisor $2,441 $5,289 $3,052 $6,612 3410 325 WRF Plant Supervisor $2,441 $5,289 $3,052 $6,612 3020 315 Accounting Supervisor $2,301 $4,986 $2,877 $6,234 3145 315 GIS Supervisor $2,301 $4,986 $2,877 $6,234 3167 315 Housing Programs Manager $2,301 $4,986 $2,877 $6,234 3245 315 Human Resources Analyst II $2,301 $4,986 $2,877 $6,234 3170 315 Industrial Waste Coordinator $2,301 $4,986 $2,877 $6,234 3100 315 Revenue Supervisor $2,301 $4,986 $2,877 $6,234 3030 315 Senior Administrative Analyst $2,301 $4,986 $2,877 $6,234 3325 315 Senior Planner $2,301 $4,986 $2,877 $6,234 3370 315 Utilities Conservation Coordinator $2,301 $4,986 $2,877 $6,234 3420 315 Wastewater Collection Supervisor $2,301 $4,986 $2,877 $6,234 3430 315 Water Distribution Supervisor $2,301 $4,986 $2,877 $6,234 3450 315 Water Supply Supervisor $2,301 $4,986 $2,877 $6,234 3070 305 Facilities Maintenance Supervisor $2,125 $4,603 $2,655 $5,753 3350 305 Fleet Maintenance Supervisor $2,125 $4,603 $2,655 $5,753 3160 305 Golf Course Supervisor $2,125 $4,603 $2,655 $5,753 3240 305 Human Resources Analyst 1 $2,125 $4,603 $2,655 $5,753 3040 305 PW Maintenance Supervisor -Parks $2,125 $4,603 $2,655 $5,753 3236 305 PW Maintenance Supervisor -Urban Forest & $2,125 $4,603 $2,655 $5,753 Contract Services 3300 305 Recreation Supervisor $2,125 $4,603 $2,655 $5,753 3330 305 Streets Maintenance Supervisor $2,125 $4,603 $2,655 $5,753 3029 303 Administrative Analyst II $2,030 $4,398 $2,538 $5,498 3028 302 Administrative Analyst 1 $1,845 $3,998 $2,304 $4,992 3275 302 Ranger Services Administrator $1,845 $3,998 $2,304 $4,992 EXHIBIT "A" Page 3 of 8 Salary Range Listing - Management Employees 3% Salary increase effective July 2007 (includes 4.5% for CAO effective 4/5/07.) Range Low Range High Job Salary Position Title Bi- Monthly Bi- Monthly Class Range Weekly Weekly 2010 220 City Administrative Officer $5,010 $10,855 $6,263 $13,571 2020 210 City Attorney $4,378 $9,485 $5,470 $11,852 2600 279 Police Chief $4,004 $8,674 $5,006 $10,846 2510 267 Assistant City Administrative Officer $3,960 $8,581 $4,952 $10,730 2610 267 Fire Chief $3,960 $8,581 $4,952 $10,730 2530 267 Director of Finance and Information Technology $3,960 $8,581 $4,952 $10,730 2560 267 Director of Public Works $3,960 $8,581 $4,952 $10,730 2550 270 Director of Community Development $3,778 $8,186 $4,723 $10,232 2580 270 Director of Utilities $3,778 $8,186 $4,723 $10,232 2540 261 Director of Human Resources $3,576 $7,748 $4,471 $9,688 2590 261 Director of Parks & Recreation $3,576 $7,748 $4,471 $9,688 2520 255 City Clerk $3,131 $6,784 $3,915 $8,483 3106 352 Deputy Dir of Public Works /City Engineer $3,289 $7,126 $4,111 $8,907 3050 350 Assistant City Attorney $3,131 $6,784 $3,915 $8,483 3103 350 Deputy Dir of Community Development $3,131 $6,784 $3,915 $8,483 3104 350 Deputy Dir of Community Development $3,131 $6,784 $3,915 $8,483 3102 350 Deputy Dir of Utilities/ Wastewater $3,131 $6,784 $3,915 $8,483 3101 350 Deputy Dir of Utilities/Water $3,131 $6,784 $3,915 $8,483 3108 350 Deputy Public Works Director $3,131 $6,784 $3,915 $8,483 3010 350 Finance Manager $3,131 $6,784 $3,915 $8,483 3180 350 Information Technology Manager $3,131 $6,784 $3,915 $8,483 3080 345 Chief Building Official $2,804 $6,075 $3,505 $7,594 3085 345 City Traffic Engineer $2,804 $6,075 $3,505 $7,594 3120 345 Economic Development Manager $2,804 $6,075 $3,505 $7,594 3200 345 Natural Resources Manager $2,804 $6,075 $3,505 $7,594 3099 335 Construction Engineering Mgr - New $2,687 $5,822 $3,358 $7,275 3130 335 Fire Marshall $2,687 $5,822 $3,358 $7,275 3340 335 Supervising Civil Engineer $2,687 $5,822 $3,358 $7,275 3355 335 Telecommunications Supervisor $2,687 $5,822 $3,358 $7,275 3098 325 Construction Engineering Mgr - Old $2,514 $5,447 $3,144 $6,811 3210 325 Neighborhood Services Manager $2,514 $5,447 $3,144 $6,811 3220 325 Parking Manager $2,514 $5,447 $3,144 $6,811 EX 1BTT "A„ Page 4 of 8 Salary Range Listing - Management Employees 3% Salary increase effective July 2007 (includes 4.5% for CAO effective 4/5/07.) Range Low Range High Job Salary Position Title Bi- Monthly Bi- Monthly Class Range Weekly Weekly 3032 325 Principal Administrative Analyst $2,514 $5,447 $3,144 $6,811 3260 325 Principal Transportation Planner $2,514 $5,447 $3,144 $6,811 3237 325 Public Works Administrative Services Mgr $2,514 $5,447 $3,144 $6,811 3290 325 Recreation Manager $2,514 $5,447 $3,144 $6,811 3320 325 Risk Manager $2,514 $5,447 $3,144 $6,811 3335 325 Senior Civil Engineer $2,514 $5,447 $3,144 $6,811 3360 325 Transit Manager $2,514 $5,447 $3,144 $6,811 3380 325 Utilities Engineer $2,514 $5,447 $3,144 $6,811 3400 325 Water Projects Manager $2,514 $5,447 $3,144 $6,811 3460 325 Water Treatment Plant Supervisor $2,514 $5,447 $3,144 $6,811 3410 325 WRF Plant Supervisor $2,514 $5,447 $3,144 $6,811 3020 315 Accounting Supervisor $2,370 $5,135 $2,963 $6,421 3145 315 GIS Supervisor $2,370 $5,135 $2,963 $6,421 3167 315 Housing Programs Manager $2,370 $5,135 $2,963 $6,421 3245 315 Human Resources Analyst II $2,370 $5,135 $2,963 $6,421 3170 315 Industrial Waste Coordinator $2,370 $5,135 $2,963 $6,421 3100 315 Revenue Supervisor $2,370 $5,135 $2,963 $6,421 3030 315 Senior Administrative Analyst $2,370 $5,135 $2,963 $6,421 3325 315 Senior Planner $2,370 $5,135 $2,963 $6,421 3370 315 Utilities Conservation Coordinator $2,370 $5,135 $2,963 $6,421 3420 315 Wastewater Collection Supervisor $2,370 $5,135 $2,963 $6,421 3430 315 Water Distribution Supervisor $2,370 $5,135 $2,963 $6,421 3450 315 Water Supply Supervisor $2,370 $5,135 $2,963 $6,421 3070 305 Facilities Maintenance Supervisor $2,189 $4,742 $2,735 $5,925 3350 305 Fleet Maintenance Supervisor $2,189 $4,742 $2,735 $5,925 3160 305 Golf Course Supervisor $2,189 $4,742 $2,735 $5,925 3240 305 Human Resources Analyst 1 $2,189 $4,742 $2,735 $5,925 3040 305 Public Works Maintenance Supervisor - Parks $2,189 $4,742 $2,735 $5,925 3236 305 Public Works Maintenance Supervisor - Urban $2,189 $4,742 $2,735 $5,925 Forest & Contract Services 3300 305 Recreation Supervisor $2,189 $4,742 $2,735 $5,925 3330 305 Streets Maintenance Supervisor $2,189 $4,742 $2,735 $5,925 3029 303 Administrative Analyst 11 $2,091 $4,530 $2,614 $5,664 3028 302 Administrative Analyst 1 $1,900 $4,117 $2,373 $5,142 3275 302 Ranger Services Administrator $1,900 $4,117 $2,373 $5,142 EMMIT "A" Page 5 of 8 Salary Range Listing - Management Employees 2% Salary increase effective January 2008 Range Low Range High Job Salary Position Title Bi- Monthly Bi- Monthly Class Range Weekly Weekly 2010 220 City Administrative Officer $5,110 $11,072 $6,388 $13,841 2020 210 City Attorney 2600 279 Police Chief $4,466 $9,675 $5,579 $12,090 $4,084 $8,848 $5,106 $11,063 2510 267 Assistant City Administrative Officer $4,039 $8,752 $5,051 $10,944 2610 267 Fire Chief $4,039 $8,752 $5,051 $10,944 2530 267 Director of Finance and Information Technology $4,039 $8,752 $5,051 $10,944 2560 267 Director of Public Works $4,039 $8,752 $5,051 $10,944 2550 270 Director of Community Development $3,854 $8,349 $4,817 $10,437 2580 270 Director of Utilities $3,854 $8,349 $4,817 $10,437 2540 261 Director of Human Resources $3,648 $7,903 $4,560 $9,881 2590 261 Director of Parks & Recreation $3,648 $7,903 $4,560 $9,881 2520 255 City Clerk $3,194 $6,920 $3,993 $8,652 3106 352 Deputy Dir of Public Works /City Engineer $3,355 $7,269 $4,193 $9,085 3050 350 Assistant City Attorney $3,194 $6,920 $3,993 $8,652 3103 350 Deputy Dir of Community Dev $3,194 $6,920 $3,993 $8,652 3104 350 Deputy Dir of Community Dev $3,194 $6,920 $3,993 $8,652 3102 350 Deputy Dir of Utilities/ Wastewater $3,194 $6,920 $3,993 $8,652 3101 350 Deputy Dir of Utilities/Water $3,194 $6,920 $3,993 $8,652 3108 350 Deputy Public Works Director $3,194 $6,920 $3,993 $8,652 3010 350 Finance Manager $3,194 $6,920 $3,993 $8,652 3180 350 Information Technology Manager $3,194 $6,920 $3,993 $8,652 3080 345 Chief Building Official $2,860 $6,197 $3,575 $7,746 3085 345 City Traffic Engineer $2,860 $6,197 $3,575 $7,746 3120 345 Economic Development Manager $2,860 $6,197 $3,575 $7,746 3200 345 Natural Resources Manager $2,860 $6,197 $3,575 $7,746 3099 335 Construction Engineering Mgr - New $2,741 $5,938 $3,425 $7,421 3130 335 Fire Marshall $2,741 $5,938 $3,425 $7,421 3340 335 Supervising Civil Engineer $2,741 $5,938 $3,425 $7,421 3355 335 Telecommunications Supervisor $2,741 $5,938 $3,425 $7,421 3098 325 Construction Engineering Mgr - Old $2,564 $5,556 $3,207 $6,948 3.210 325 Neighborhood Services Manager $2,564 $5,556 $3,207 $6,948 3220 325 Parking Manager $2,564 $5,556 $3,207 $6,948 EXHIBIT "A" Page 6 of 8 Salary Range Listing - Management Employees 2% Salary increase effective January 2008 Range Low Range High Job Salary Position Title Bi- Monthly Bi- Monthly Class Range Weekly Weekly 3032 325 Principal Administrative Analyst $2,564 $5,556 $3,207 $6,948 3260 325 Principal Transportation Planner $2;564 $5,556 $3,207 $6,948 3237 325 Public Works Administrative Services Mgr $2,564 $5,556 $3,207 $6,948 3290 325 Recreation Manager $2,564 $5,556 $3,207 $6,948 3320 325 Risk Manager $2,564 $5,556 $3,207 $6,948 3335 325 Senior Civil Engineer $2,564 $5,556 $3,207 $6,948 3360 325 Transit Manager $2,564 $5,556 $3,207 $6,948 3380 325 Utilities Engineer $2,564 $5,556 $3,207 $6,948 3400 325 Water Projects Manager $2,564 $5,556 $3,207 $6,948 3460 325 Water Treatment Plant Supervisor $2,564 $5,556 $3,207 $6,948 3410 325 WRF Plant Supervisor $2,564 $5,556 $3,207 $6,948 3020 315 Accounting Supervisor $2,417 $5,238 $3,022 $6,548 3145 315 GIS Supervisor $2,417 $5,238 $3,022 $6,548 3167 315 Housing Programs Manager $2,417 $5,238 $3,022 $6,548 3245 315 Human Resources Analyst II $2,417 $5,238 $3,022 $6,548 3170 315 Industrial Waste Coordinator $2,417 $5,238 $3,022 $6,548 3100 315 Revenue Supervisor $2,417 $5,238 $3,022 $6,548 3030 315 Senior Administrative Analyst $2,417 $5,238 $3,022 $6,548 3325 315 Senior Planner $2,417 $5,238 $3,022 $6,548 3370 315 Utilities Conservation Coordinator $2,417 $5,238 $3,022 $6,548 3420 315 Wastewater Collection Supervisor $2,417 $5,238 $3,022 $6,548 3430 315 Water Distribution Supervisor $2,417 $5,238 $3,022 $6,548 3450 315 Water Supply Supervisor $2,417 $5,238 $3,022 $6,548 3070 305 Facilities Maintenance Supervisor $2,233 $4,838 $2,790 $6,044 3350 305 Fleet Maintenance Supervisor $2,233 $4,838 $2,790 $6,044 3160 305 Golf Course Supervisor $2,233 $4,838 $2,790 $6,044 3240 305 Human Resources Analyst 1 $2,233 $4,838 $2,790 $6,044 3040 305 Public Works Maintenance Supervisor - Parks $2,233 $4,838 $2,790 $6,044 3236 305 Public Works Maintenance Supervisor -Urban $2,233 $4,838 $2,790 $6,044 Forest & Contract Services 3300 305 Recreation Supervisor $2,233 $4,838 $2,790 $6,044 3330 305 Streets Maintenance Supervisor $2,233 $4,838 $2,790 $6,044 3029 303 Administrative Analyst II $2,133 $4,621 $2,666 $5,777 3028 302 Administrative Analyst 1 $1,938 $4,199 $2,420 $5,244 3275 302 Ranger Services Administrator $1,938 $4,199 $2,420 $5,244 EXHIBIT "A" Page 7 of 8 Salary Range Listing - Management Employees 3% Salary increase effective July 2008 Range Low Range High Job Salary Position Title Bi- Monthly Bi- Monthly Class Range Weekly Weekly 2010 220 City Administrative Officer $5,263 $11,404 $6,580 $14,257 2020 210 City Attorney 2600 279 Police Chief $4,600 $9,967 $5,746 $12,450 $4,207 $9,114 $5,259 $11,395 2510 267 Assistant City Administrative Officer $4,160 $9,014 $5,203 $11,272 2610 267 Fire Chief $4,160 $9,014 $5,203 $11,272 2530 267 Director of Finance and Information Technology $4,160 $9,014 $5,203 $11,272 2560 267 Director of Public Works $4,160 $9,014 $5,203 $11,272 2550 270 Director of Community Development $3,970 $8,601 $4,962 $10,750 2580 270 Director of Utilities $3,970 $8,601 $4,962 $10,750 2540 261 Director of Human Resources $3,757 $8,141 $4,697 $10,176 2590 261 Director of Parks & Recreation $3,757 $8,141 $4,697 $10,176 2520 255 City Clerk $3,290 $7,128 $4,113 $8,911 3106 352 Deputy Director of Public Works /City Engineer $3,456 $7,487 $4,319 $9,357 3050 350 Assistant City Attorney $3,290 $7,128 $4,113 $8,911 3103 350 Deputy Dir of Community Dev $3,290 $7,128 $4,113 $8,911 3104 350 Deputy Dir of Community Dev $3,290 $7,128 $4,113 $8,911 3102 350 Deputy Dir of Utilities/ Wastewater $3,290 $7,128 $4,113 $8,911 3101 350 Deputy Dir of Utilities/Water $3,290 $7,128 $4,113 $8,911 3108 350 Deputy Public Works Director $3,290 $7,128 $4,113 $8,911 3010 350 Finance Manager $3,290 $7,128 $4,113 $8,911 3180 350 Information Technology Manager $3,290 $7,128 $4,113 $8,911 3080 345 Chief Building Official $2,946 $6,383 $3,682 $7,978 3085 345 City Traffic Engineer $2,946 $6,383 $3,682 $7,978 3120 345 Economic Development Manager $2,946 $6,383 $3,682 $7,978 3200 345 Natural Resources Manager $2,946 $6,383 $3,682 $7,978 3099 335 Construction Engineering Mgr - New $2,823 $6,117 $3,528 $7,643 3130 335 Fire Marshall $2,823 $6,117 $3,528 $7,643 3340 335 Supervising Civil Engineer $2,823 $6,117 $3,528 $7,643 3355 335 Telecommunications Supervisor $2,823 $6,117 $3,528 $7,643 3098 325 Construction Engineering Mgr - Old $2,641 $5,723 $3,303 $7,156 3210 325 Neighborhood Services Manager $2,641 $5,723 $3,303 $7,156 3220 325 Parking Manager $2,641 $5,723 $3,303 $7,156 0 EXHIBIT "A" Page 8 of 8 Salary Range Listing - Management Employees 3% Salary increase effective July 2008 Range Low Range High Job Salary Position Title Bi- Monthly Bi- Monthly Class Range Weekly Weekly 3032 325 Principal Administrative Analyst $2,641 $5,723 $3,303 $7,156 3260 325 Principal Transportation Planner $2,641 $5,723 $3,303 $7,156 3237 325 Public Works Administrative Services Mgr $2,641 $5,723 $3,303 $7,156 3290 325 Recreation Mgr $2,641 $5,723 $3,303 $7,156 3320 325 Risk Manager $2,641 $5,723 $3,303 $7,156 3335 325 Senior Civil Engineer $2,641 $5,723 $3,303 $7,156 3360 325 Transit Manager $2,641 $5,723 $3,303 $7,156 3380 325 Utilities Engineer $2,641 $5,723 $3,303 $7,156 3400 325 Water Projects Manager $2,641 $5,723 $3,303 $7,156 3460 325 Water Treatment Plant Supervisor $2,641 $5,723 $3,303 $7,156 3410 325 WRF Plant Supervisor $2,641 $5,722 $3,303 $7,157 3020 315 Accounting Supervisor $2,490 $5,394 $3,113 $6,744 3145 315 GIS Supervisor $2,490 $5,394 $3,113 $6,744 3167 315 Housing Programs Manager $2,490 $5,394 $3,113 $6,744 3245 315 Human Resources Analyst 11 $2,490 $5,394 $3,113 $6,744 3170 315 Industrial Waste Coordinator $2,490 $5,394 $3,113 $6,744 3100 315 Revenue Supervisor $2,490 $5,394 $3,113 $6,744 3030 315 Senior Administrative Analyst $2,490 $5,394 $3,113 $6,744 3325 315 Senior Planner $2,490 $5,394 $3,113 $6,744 3370 315 Utilities Conservation Coordinator $2,490 $5,394 $3,113 $6,744 3420 315 Wastewater Collection Supervisor $2,490 $5,394 $3,113 $6,744 3430 315 Water Distribution Supervisor $2,490 $5,394 $3,113 $6,744 3450 315 Water Supply Supervisor $2,490 $5,394 $3,113 $6,744 3070 305 Facilities Maintenance Supervisor $2,300 $4,983 $2,874 $6,226 3350 305 Fleet Maintenance Supervisor $2,300 $4,983 $2,874 $6,226 3160 305 Golf Course Supervisor $2,300 $4,983 $2,874 $6,226 3240 305 Human Resources Analyst 1 $2,300 $4,983 $2,874 $6,226 3040 305 Public Works Maintenance Supervisor - Parks $2,300 $4,983 $2,874 $6,226 3236 305 Public Works Maintenance Supervisor- Urban $2,300 $4,983 $2,874 $6,226 Forest & Contract Services 3300 305 Recreation Supervisor $2,300 $4,983 $2,874 $6,226 3330 305 Streets Maintenance Supervisor $2,300 $4,983 $2,874 $6,226 3029 303 Administrative Analyst II $2,197 $4,760 $2,746 $5,950 3028 302 Administrative Analyst 1 $1,996 $4,325 $2,493 $5,401 3275 302 Ranger Services Administrator $1,996 $1,997 $2,493 $5,401 EXHIBIT `B" Page 1 of 5 APPOINTED OFFICIALS AND MANAGEMENT FRINGE BENEFITS 2007 -08 Section A Medical, Dental, Eve Care The City shall establish and maintain medical, dental and eye care insurance plans for coverage by department head and management employees and their dependents. The City reserves the right to choose the method of insuring and plans to be offered. The City has elected to participate in the Ca1PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently $80.80 per month for active employees and $20.30 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 contributions for employees and retirees are equal. Employees with proof of medical insurance elsewhere are not required to participate in the medical insurance plan and may receive the unused portion of the City's contribution (after dental and vision insurance is deducted) in cash in accordance with the City's cafeteria plan. Those employees will be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employees' Contingency Reserve Fund and 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 employee benefits. 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 for medical insurance. Employees shall participate in term life insurance of $4,000 through payroll deduction as a part of the cafeteria plan. Section B Cafeteria Plan Contribution Effective in December 2006 (for the January 2007 premium) the City shall contribute $710 per month for cafeteria plan benefits for each regular, full -time employee covered by this resolution. Less than full -time employees shall receive a prorated share of the City's contribution. Effective in December 2007 (for the January 2008 premium) the City shall contribute $790 per month. The City agrees to continue its contribution to the cafeteria plan for two (2) pay periods in the event that an employee has exhausted all paid time off due to an employee's catastrophic illness. o EXHIBIT `B" Page 2 of 5 Section C Life and Disability Insurance The City shall provide the following special insurance benefits in recognition of management responsibilities: Long -term disability insurance providing 66 2/3% of gross salary (maximum benefit $7,500 per month) to age 65 for any sickness or accident, subject to the exclusions in the long -term disability policy, after a 30 -day waiting period. 2. In addition to $4,000 term life insurance purchased by the employee through the cafeteria plan, $100,000 term life insurance for department heads and $50,000 term life insurance for management employees, including accidental death and dismemberment. Section D Retirement The City shall provide the California Public Employees' Retirement System's (Ca1PERS) 2.7% at 55 plan to all eligible employees including the amendments permitting conversion of unused sick leave to additional retirement credit, the 1959 survivor's benefit (Level Four), one year final compensation, and pre- retirement Option 2 death benefit. The Police and Fire Chiefs shall receive the same retirement benefits as sworn personnel in their departments. The City agrees to pay the employee's contribution to Ca1PERS (8% for miscellaneous, 9% for safety). These amounts paid by the City are employee contributions and are paid by the City to satisfy the employee's obligation to contribute the current percentage of salary to Ca1PERS. An employee has no option to receive the contributed amounts directly instead of having them paid by the City to CalPERS on behalf of the employee. It is further understood and agreed that the payment of the employee's Ca1PERS contribution is made subject to IRS approval and reporting procedures. The City shall report as salary all Employer -Paid Member Contributions (EPMC) to Ca1PERS for the purposes of retirement credit in accordance with Government Code Section 20636 (c) (4). Section E Supplemental Retirement The City shall contribute 1% of salary for management employees and 2% of salary for department heads to a defined contribution supplemental retirement plan established in accordance with sections 401 (a) and 501 (a) of the Internal Revenue Code of 1986 and California Government Code sections 53215 - 53224. Section F Vacation Vacation leave is governed by section 2.36.440 of the Municipal Code, except that it may be taken after the completion of the sixth calendar month of service since the benefit date. 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. U EXHIBIT `B" Page 3 of 5 However, if the City Administrative Officer determines that a department head has been unable to take vacation due to the press of City business, the City Administrative Officer may approve a two -month extension of maximum vacation accrual. The City Administrative Officer may, within two years of appointing a department head, increase the rate of vacation accrual to a maximum of 120 hours per year. Vacation schedules for management employees shall be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. A department head may not deny a management employee's vacation request if such denial will result in the loss of vacation accrual by the employee, except that, a department head 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. Department head and management employees 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. Section G Administrative Leave Department heads shall be granted up to 80 hours of administrative leave per calendar year. Department heads shall have the option of taking such leave as additional paid leave or receiving cash for up to 80 hours at year end upon approval of the City Administrative Officer. Management employees shall be granted up to 48 hours of administrative leave per calendar year. Administrative leave hours shall be pro -rated when a department head or management employee is appointed or leaves employment during the calendar year. The employee's final check will be adjusted to reflect the pro -rated hours. Department Heads and Managers are considered exempt from the overtime provisions of the Fair Labor Standards Act (FLSA) and not eligible for overtime payment. 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. However, when specifically authorized by the department head due to extraordinary circumstances, a management employee may receive overtime payment of time and one -half for hours worked above and beyond what would be considered normal work requirements during an emergency event lasting at least eight (8) hours. Section H Holidays Department heads and management employees shall receive I I fixed plus 2 floating holidays per year. The floating holidays shall be accrued on a semi- monthly basis and added to the vacation accrual. EXHIBIT `B" Page 4 of 5 Section I Sick Leave Sick leave is governed by section 2.36.420 of the Municipal Code. An employee may take up to 16 hours per year of sick leave if required to be away from the job to personally care fora member of his/her immediate family as defined in Section 2.36.420. This may be extended to 40 hours per year if the family member is part of the employee's household and to 56 hours if a household family member is hospitalized and the employee submits written verification of such hospitalization. If the family member is a child, parent, spouse, or registered domestic partner, an employee may use up to 48 hours annually to attend to the illness of the child, parent, spouse, or registered domestic partner, instead of the lesser maximums above, in accordance with Labor Code Section 233. In conjunction with existing leave benefits, department head and management employees with one year of City service who have worked at least 1,280 hours in the previous year may be eligible for up to 12 weeks of Family/Medical Leave in accordance with the federal Family and Medical Leave Act and the California Family Rights Act. Sick leave may be used to be absent from duty due to the death of a member of the employee's immediate family as defined in Section 2.36.420, provided such leave shall not exceed forty working 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. 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 Ca1PERS benefits: (1) After ten years of continuous employment — 10% (2) After twenty years of continuous employment — 15% Section J Workers' Compensation Leave An 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 ninety (90) business days of such temporary disability absence. Eligibility for workers' compensation leave requires an open workers' compensation claim. Section K Vehicle Assignment For those department heads who require the use of an automobile on a regular 24 -hour basis to perform their normal duties, the City will, at City option, provide .a City vehicle or an appropriate allowance for the employee's use of a personal automobile. The use of a personal automobile for City business will be eligible for mileage reimbursement in accordance with standard City policy. Ci 1 EXHIBIT "B" Page 5 of 5 Section L Layoffs In accordance with Section 2.36.320 of the Personnel Rules, the City Council of San Luis Obispo shall determine when and in what position classifications layoffs are to occur. Section M Appointed Officials The fringe benefits outlined in this exhibit for department heads apply to appointed officials, except where they have been modified by council resolution. /;.)X//L/6 RESOLUTION NO. 9891 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A 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 DANIEL AND SANDY CARPENTER, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 2030 JOHNSON AVENUE, 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 has 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, the 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 -584- 028, located at 2030 Johnson Avenue, San Luis Obispo, California 93401, also described as the Old San Luis Obispo High School Home Economics Building, (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 carryout 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. seq. of the Revenue and Taxation Code. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of San Luis Obispo as follows: 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. I..•. Resolution No. 9891 (2007 Series) Page 2 SECTION 3. Environmental Determination. The City Council has determined that this historic preservation agreement is not a project, as defined by Section 15378 of the California Environmental Quality Act and is 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 Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES` Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero NOES`. None ABSENT: None The foregoing resolution was adopted this 3`d day of April 2007. Mayor David F. Romero ATTEST:. / - �( Audrey Hoop City Clerk n»:Za1V /21 Lowell City Attorney o�v RESOLUTION NO. 9890 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO ESTABLISH DEADLINES FOR ALL UNREINFORCED MASONRY BUILDINGS NOT RETROFITTED TO LEVEL A BY JULY 11 2007 WHEREAS, the City Council made changes to the Unreinforced Masonry Hazard Mitigation Program in 2004; and WHEREAS, said changes to the Program included nearer deadlines for hazard mitigation; and WHEREAS, said changes allowed the City Council to set nearer deadlines for any building not retrofitted to Level A as of July 1, 2007, based on relative hazard, but no later than July 1, 2010; and WHEREAS, in anticipation of the Level A deadline, and desiring to establish clear deadlines for building owners, the Council considered a hazard rating system devised by the Chamber of Commerce at a hearing on January 9, 2007; and WHEREAS, based on testimony given by building owners and the Chamber of Commerce, the Council supported the Seismic Task Force's Hazard Rating System and directed staff to return with implementation recommendations to provide for certain flexibility; and WHEREAS, assignment of deadlines on the basis of an overall hazard reduction goal addresses the Council's concerns for flexibility. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: 1. A seismic retrofit deadline, no later than July 1, 2010, shall be assigned to each building not retrofitted to Level A as of July 1, 2007, in accordance with the hazard rating, specified exceptions, and overall hazard reduction goal. 2. The Chamber of Commerce Seismic Task Force Hazard Rating Scores as proposed on January 9, 2007, is adopted. 3. Said exceptions shall be as follows: a. Nonprofit Building Owners. Building owners that are Internal Revenue Code Section 501(c)(3) corporations shall be eligible for the July 1, 2010, deadline. This will apply to three buildings in the inventory. b. Redevelopment Proposals (i.e. project proposals to replace an existing structure with a new structure). To be eligible for the July 1, 2010, deadline, building owners with projects that are a part of current redevelopment proposals must show all of the following: 1) A planning application on file with the City prior to January 1, 2007; Resolution No. 9890 (2007 Series) Page 2 2) The application proposes an increase in square footage of at least 25 %; and; 3) A "Letter of Completeness" for such application issued no later than July 1, 2007. c. Planned Retrofit. To be eligible for the "planned retrofit" qualification for the July 1, 2010, deadline, a building owner shall submit a written plan to the Chief Building Official no later than May 1, 2007. This plan shall include supporting documents such as: 1) Copies of current leases or other legal documents that limit the ability of the owner to begin a retrofit project prior to the assigned deadline; and 2) Copies of written estimates, contracts, or agreements with a retrofit contractor; and 3) Evidence of financial support for the project; and 4) A proposed timeline for the project; and 5) A Statement from the project engineer confirming that the proposed timeline has been reviewed and is realistic. Upon receipt by the Chief Building Official, the Assistant City Administrative Officer and the Chief Building Official will evaluate the written plan based on the information submitted. The City may approve, deny, or propose modifications to the plan. Once the plan meets with City approval, the City and the Building Owner shall enter into an Agreement. The Agreement will confirm acceptance of the plan and will set forth requirements, deadlines, and penalties. The Agreement will include language requiring notification to tenants about the timing of the retrofit and posting of a notice to the public about what to do in the event of an earthquake. The Agreement shall be in a form suitable for recordation and shall be executed by the City and Building Owner no later than July 1, 2007, and shall be subject to Council ratification subsequent to July 1, 2007. 4. The overall hazard reduction goal, in each year, as more specifically set forth in Attachment 4 to the April 3, 2007, staff report is hereby adopted. 0 Resolution No. 9890 (2007 Series) Page 3 Upon motion of Council Member Carter, seconded by Council Member Settle, and on the following vote: AYES: Council Members Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: Council Member Brown ABSENT: None The foregoing resolution was adopted this 3Td day of April 2007. Mayor David F. Romero ATTEST: Audrey Hoo "r City Clerk APPROVED AS TO FORM: Jo . Lowell City Attorney S7�Q1Ltwy e-1C- O�fzr- P�-Z- u !� RESOLUTION NO. 9889 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY'S MASTER FEE SCHEDULE AND MODIFYING THOSE FEES FOR THE RECOVERY OF COSTS RELATED TO FIRE AND LIFE SAFETY INSPECTIONS OF ALL MULTI- DWELLING PROPERTIES CONTAINING THREE OR MORE DWELLING UNITS WHEREAS, the City of San Luis Obispo is required by California Health & Safety Code Section 17921 to annually inspect multi - dwelling rental properties containing three or more dwelling units, including apartments, hotels, motels, lodging houses and congregate residence; and WHEREAS, a typical fire and life safety inspection at these facilities would include, but not be limited to, checking fire alarm systems, fire sprinkler systems, fire extinguishers, common areas for fire hazards, exiting and fire access issues; and WHEREAS, California Health & Safety Code Section 13146 authorizes cities to charge property owners in recovering the reasonable costs of providing these annual inspections; and WHEREAS, it is the policy of the City of San Luis Obispo to review service charges on an ongoing basis and to adjust them as required to ensure that they remain adequate to achieve adopted cost recovery goals; and WHEREAS, such service charges and fees are set forth in the master fee schedule, adopted and amended by the City Council from time to time; and WHEREAS, the Council considered amendments to the master fee schedule at a public hearing on May 17, 2005, based on a detailed analysis of costs and funding requirements to meet adopted cost recovery goals, and adopted Resolution No. 9684 (2005 Series) setting fees providing for 94% cost recovery for state - mandated fire and life- safety inspections; and WHEREAS, on July 5, 2005, the Council held a public hearing and subsequently by its Resolution No. 9706 (2005 Series) modified fees applicable to sororities and fraternities and very low and low income households; and WHEREAS, a public hearing was conducted on April 3, 2007, to consider amending the fee schedule to reduce certain multi - dwelling property fire and life safety inspection fees and increase fees for the third and additional inspections in the event of non - compliance. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The City's master fee schedule is hereby amended as follows: A. The Multi- Dwelling Property Fire and Life Safety Inspection Fee Schedule shall include the following new fees in place of the existing ones, and all other provisions of that fee schedule shall remain in effect: O Resolution No. 9889 (2007 Series) Page 2 Apartments $28.00 per unit per year Administrative Fee of $65.00 /year per facility (County billing fee not included) $10,000 maximum per property Fees are waived for units that are built, owned; and managed by the San Luis Obispo Housing Authority, other governmental agencies, or not - for - profit housing organizations. Hotels, Motels, Lodging House, Bed & Breakfast Facilities, Youth Hostel Facilities and Senior Facilities, Sororities, Fraternities and Other Congregate Residences 1 to 30 units $200 /year per facility (County billing fee not included) 31 to 80 units $300 /year per facility (County billing fee not included) More than 80 units $400 /year per facility (County billing fee not included) B. The "Third & Subsequent Fire Safety Inspections" fee as provided in portion of the Master Fee Schedule entitled "Fire Equipment and Personnel Stand -by Fees Effective July 1, 2006" is changed from $62.00 to $112.50. SECTION 2. These fees shall be effective immediately. On motion of Council Member Settle, seconded by Vice Mayor Mulholland, and on the following roll call vote: AYES: Council Member Settle, Vice Mayor Mulholland and Mayor Romero NOES: Council Members Brown and Carter ABSENT: None The foregoing resolution was adopted this 3rd day of April 2007. .elm Mayor David F. Romero ATTEST: Audrey Hoo¢kr City Clerk APPROVED AS TO FORM: Jo 2e�' P. Lowell City Attorney 57r/1-74EZ 11X6 C) M - N RESOLUTION NO. 9888 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DENYING A VESTING TENATIVE TRACT MAP AND PLANNED DEVELOPMENT REZONE FOR PROPERTY LOCATED AT 300 LAWRENCE DRIVE (TR/PD/ER 82 -05; TRACT 2723) 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 October 25, 2006, and recommended denial of Application TR/PD/ER 82 -05, a request to create twelve single - family residential lots with exceptions; 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 March 20, 2007, for the purpose of considering Application TR/PD/ER 82 -05; 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. Based upon all the evidence, the City Council makes the following findings: 1. The design and improvements of the vesting tentative tract map and Planned Development rezone are not consistent with General Plan Land Use Element Policies 2.2.8 and 2.2.11, and Conservation and Open Space Policies 7.21.1.1), 8.22.2, 8.25.1, 8.25.3 and 8.25.3.A because the project proposes grading and development over nearly all of the open space resources located within the R -1 zoned portion of the site, which does not respect the site's existing constraints, adequately preserve or incorporate as amenities natural site features, adequately protect listed species or species of local concern, preserve significant trees and native grasslands, mitigate for the loss of natural resources, or incorporate buffer zones around resources requiring protection. 2. The site is not physically suited for the proposed type and density of development because exceptions to the Zoning Regulations for the required reduction of density for lots with steeper cross - slopes are being requested, and significant open space resources requiring protection are not incorporated into the development plan. 3. The design of the tentative tract map and proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat because the project proposes grading and development over wetlands, trees, listed species or species of local concern, and native grasslands. 4. The project is not consistent with the Planned Development rezone requirements of the Zoning Regulations because the project is not consistent with the General Plan, the site is not adequate for the project given existing constraints, and the project does not represent superior design and R 9888 M M Resolution No. 9888 (2007 Series) Page 2 innovation, effectively respond to site features, or successfully mitigate environmental impacts. 5. The vesting tentative tract map does not further the public interest and necessity by providing significant additional housing opportunities since the number and type of housing provided will not significantly add to the needed housing supply in the City and the project impacts outweigh the benefits of the provided housing. SECTION 2. Denial. The City Council does hereby deny the vesting tentative tract map and Planned Development rezone for property located at 300 Lawrence Drive (Application TR/PD/ER 82- 05; Tract 2723) without prejudice so as to allow a revised application to be submitted without the need to wait for one year. On motion of Vice Mayor Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES`. Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 20th day of March 2007. Mayor David F. Romero ATTEST: i 46za4 Audrey Hoo City Clerk APPROVED AS TO FORM: Jona an Lowell City Attorney l� RESOLUTION NO. 9887 (2007 Series) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO AUTHORIZING SUBMITTAL OF AN APPLICATION TO THE CALIFORNIA STATE DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT (HCD) FOR FUNDING UNDER THE WORKFORCE HOUSING REWARD (WFH) PROGRAM; THE EXECUTION OF A GRANT AGREEMENT IF SELECTED FOR SUCH FUNDING AND ANY AMENDMENTS THERETO; AND ANY RELATED DOCUMENTS NECESSARY TO PARTICIPATE IN THE WFH PROGRAM WHEREAS, the City of San Luis Obispo, a political subdivision of the state of California, wishes to apply for and receive an allocation of funds through the Workforce Housing Reward (WFH) Program; and WHEREAS, HCD released the Application Package in December, 2006 for the WFH program established by Chapter 482, Statutes of 2002 and funded through Proposition 46, the Housing and Emergency Shelter Act of 2002; and WHEREAS, pursuant to the statute, HCD is authorized to approve funding allocations for the program, subject to the terms and conditions of the NOFA dated May, 2006 under its Workforce Housing Grant Program and Program Guidelines, Application Package, and Standard Agreement; and WHEREAS, the WFH Program encourages cities and counties to develop new residential housing while rewarding those jurisdictions that approve housing for low- income households; and WHEREAS, in 2006 the City of San Luis Obispo approved a 28 -unit project (one -, two-, and three- bedroom units) for low- and very-low income households developed by People's Self -Help Housing Corporation; and WHEREAS, the WFH funds may be used for the acquisition and construction of capital assets that benefits the community; and WHEREAS, the City Council has identified the Laguna Lake Restroom ADA upgrade project as one that meets the eligibility criteria and intent of the WFH Program.. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Luis Obispo hereby: 1. Authorizes the filing of an application to HCD to participate in the WFH Program in response to the NOFA issued in May, 2006. 2. Directs that the WFH funds be allocated to the Laguna Lake ADA Restroom projects. 3. Agrees that the City of San Luis Obispo shall be subject to the terms and conditions as specified in the standard agreement (Contract). Funds are to be used for allowable capital asset project expenditures to be identified in Attachment A of the Contract. The application in full is incorporated as part of the R 9887 Resolution No. 9887 (2007 Series) Page 2 Contract and any and all activities funded, information provided, and timelines represented in the application are enforceable through the Contract. The City of San Luis Obispo hereby agrees to use the funds for eligible capital asset(s) in the manner presented in the application as approved by HCD and in accordance with the NOFA, Program Application, and Application Package. The City of San Luis Obispo will execute any and all instruments required by the Department for participation in the WFH Program. 4. Authorizes the City Administrative Officer to execute in the name of the City of San Luis Obispo, the Application Package, the Standard Agreement, and all other documents required by HCD for participation in the WFH Program, and any amendments thereto. On motion of Settle seconded by Brown and on the following roll call vote: AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 20th day of March 2007. Mayor David F. Romero ATTEST: a6L-61 Audrey Ho er City Clerk APPROVED AS TO FORM: J ath . Lowell City Attorney RESOLUTION NO. 9886 (2007 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS AND REDUCING THE IMPROVEMENT SECURITY FOR PRIVATE IMPROVEMENTS IN CONJUNCTION WITH TRACT NO. 2726 WHEREAS, the City Council made certain findings concerning Tract 2726, as prescribed in Resolution No. 9781 (2006 Series); and WHEREAS, the City Council approved the final map for Tract. 2726 by its Resolution No. 9866 (2007 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2726, in accordance with City standards, specifications and the subdivision agreement, and has requested acceptance of the public improvements for maintenance and operation by the City; and WHEREAS, the subdivider has substantially completed the private improvements for Tract 2726, in accordance with City requirements, and has requested that the City certify completion of these private improvements. NOW THEREFORE, BE IT RESOLVED, the City Council does hereby: 1. Accept the public improvements as complete; 2. Certify substantial completion of the private improvements; 3. Authorize reduction of the Faithful Performance surety to $292,488 which is ten percent of the total cost of required improvements for warrantee purposes plus the cost to complete the installation of the photovoltaic system; 4. Authorize the release of the guarantee for the installation of the photovoltaic system upon completion of said work; 5. Authorize the release of the Labor & Materials surety after 60 days from this date of acceptance of the improvements in accordance with Section 66499.7 of the California Government Code; and 6. Authorize the release of the ten percent warranty security of the public improvements one year from this date, in accordance with the subdivision agreement. Resolution No. 9886 (2007 Senes) O Page 2 On motion of Council Member Settle, seconded by Council Member Brown and on the following vote: AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 20`' day of March 2007. Mayor David F. Romero ATTEST: Audrey Hoope City Clerk APPROVED AS TO FORM: Jon:; ZPLowell City Attorney 0 0 RESOLUTION NO. 9885 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING ITS COMPENSATION PHILOSOPHY WHEREAS, the City of San Luis Obispo strives to provide excellent service to the community at all times, and supports this standard by promoting organizational values including customer service, productivity, accountability, innovation, initiative, stewardship, and ethics; and WHEREAS, to achieve our service standards, the City must attract and retain highly qualified employees who exemplify our organizational values; and WHEREAS, fostering an environment attractive to such employees depends upon many factors, including a competitive compensation program. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City's compensation philosophy is adopted as follows: SECTION 1. The City is committed to providing competitive compensation as part of an overall strategy of attracting and retaining highly qualified employees who exemplify our organizational values. SECTION 2. The City's compensation philosophy is based on both internal and external considerations, including internal relationships, the relative labor market, fiscal health, and other relevant factors as follows: A. "Internal relationships" refer to the relative value of classifications to one another as determined by the City. Classifications performing comparable duties, with comparable responsibilities, requiring a similar level of skill, knowledge, ability, and judgment, will be valued similarly in the City's compensation structures. B. In determining the "relative labor market;" the City will consider public sector agencies with several comparable demographic data points, including but not limited to population, median home price, median household income, median age, median education level, services provided, and unemployment rate. In evaluating market competitiveness with the relevant labor market, the City will consider total compensation, including but not limited to salary, health, retirement, and time off benefits. C. The relative labor market for certain positions will also consider local private sector employers. D. The City's fiscal health will guide all compensation practices; thus, the City's financial condition, competing service priorities, fund reserve levels, and revenue projections will be considered prior to implementing changes in compensation. E. Other relevant factors may include unforeseen economic changes, natural disasters, states of emergency, changes in City services, changes in regulatory or legal requirements, and community acceptability. Resolution No. 9885 (2007 Series) Page 2 SECTION 3. At least every five years, the City will evaluate its compensation structure, programs, and policies to assess market competitiveness, effectiveness, and compliance with State Law. Adjustments to the compensation structure may be made as a result of this periodic evaluation and will be done through the collective bargaining process, if applicable, or other appropriate Council - management processes. Upon motion of Council Member Carter, seconded by Council Member Brown, and on the following vote: AYES: Council Members Brown, Carter, and Settle, Vice Mayor Settle and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted on March 20, 2007. Mayor David F. Romero ATTEST: -444':2 �4'�� Audrey Ho�}per City Cler APPROVED AS TO FORM: J an P. well City Attorney RESOLUTION NO. 9884 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPHOLDING AN APPEAL OF A TREE REMOVAL REQUEST AT 2191 SANTA YNEZ STREET WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on January 22, 2007, and denied the applicant's request to remove one (1) Monterey Pine tree located in the side yard at 2191 Santa Ynez Street, San Luis Obispo, California; and WHEREAS, on March 6, 2007, 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) Monterey pine tree. 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 findings: a. The removal of one (1) Monterey pine tree will promote good aboricultural practice in that the tree is nearing the end of its life and exhibits signs of disease. b. The tree is causing undue hardship to the property owner as it interferes with logical replacement of new utility lines. c. Removing the tree will not harm the character of the surrounding neighborhood as the applicant will provide for appropriate replacement trees. SECTION 2. The appeal of the Tree Committee's decision to deny the tree removal request at 2191 Santa Ynez Street is hereby upheld, and the removal request is approved. Upon motion of Council Member Settle, seconded by Council Member Brown, and on the following vote: AYES: Council Members Brown, Carter and Settle and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: None The foregoing resolution was adopted this 6 h day of March 2007. I or-1-11 Resolution No. 9884 (2007 Series) Page 2 ATTEST: ayXI'i Audrey Hooper City Clerk APPROVED AS TO FORM: Jonath n P. ell City Attorney 1 Mayor David F. Romero A-1 C� RESOLUTION NO. 9883 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE 2007 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, AMENDING PREVIOUS CDBG PROGRAM YEARS, AND ENDORSING THE SAN LUIS OBISPO URBAN COUNTY'S DRAFT ONE -YEAR ACTION PLAN WHEREAS, the City of San Luis Obispo is a participating jurisdiction in the San Luis Obispo Urban County, along with the cities of Arroyo Grande, Atascadero, Grover Beach, and Paso Robles and the County of San Luis Obispo; and WHEREAS, said cities and County cooperatively administer several federal grant programs under the provisions of the Cooperative Agreement approved by the San Luis Obispo City Council on July 13, 1999, and as amended on September 7, 1999, and under applicable U.S. Department of Housing and Urban Development Department (HUD) rules; and WHEREAS, pursuant to said agreement, the Urban County Public Participation Plan and HUD rules, the City Council held a public hearing on March 6, 2007, to consider funding recommendation by the Human Relations Commission (HRC), to review applications for federal grant funding, and to consider public comments on community needs and the use of such funds; and . WHEREAS, The Council has considered applications for Community Development Block Grant (CDBG) funds, public testimony, the Urban County's proposed One -Year Action Plan, including proposed funding allocations for the CDBG program, Home Investment partnership (HOME), Emergency Shelter Grants (ESG), and the Special Urban Projects Fund, HRC recommendation and staff report; and WHEREAS, the Council has also considered previous years' CDBG funding allocations and determined that amendments are necessary to re- allocate unused funds, or to re- allocate funds to activities with greater community need or urgency. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Environmental Determination. The Council hereby determines that the proposed funding actions are not "projects" as defined by Section 21065 of the California Environmental Quality Act (CEQA), since they will not cause a direct or indirect physical change in the environment and do not involve the issuance of a lease, permit, license, certificate or other entitlement. Consequently, no further CEQA review is necessary. SECTION 2.2007 Community Development Block Grant Program. The City's 2007 Community Development Block Grant Program, Exhibit #1, is hereby approved. The CAO is authorized to approve final dollar amounts once HUD releases allocations with the understanding to fully fund all projects except the ADA Restrooms at Santa Rosa Park. Resolution No. 9883 (2007 Series) Page 2 W SECTION 3. Community Development Block Grant Program Amendments. The 2005- 2006 CDBG Programs are hereby amended, as shown in Exhibit #1. SECTION 4. One -Year Action Plan. The San Luis Obispo Urban County's Draft One -Year Action Plan is hereby endorsed, Exhibit #2. SECTION 5. Board of Supervisors Consideration. The Council hereby forwards the above actions to the San Luis Obispo County Board of Supervisors for consideration prior to the Board's final action on the Urban County's 2007 Consolidated Plan. SECTION 6. City Administrative Officer Authority. The City Administrative Officer is authorized to act on behalf of. the City in executing grant agreements and other actions necessary to implement the approved Consolidated Plan and CDBG Program. Upon motion of Council Member Brown, seconded by Council Member Settle, and on the following vote: AYES: Council Member Brown, Carter, and Settle, Vice Mayor'Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 6th day of March 2007. Mayor David F. Romero ATTEST: Audrey Hoo r City Clerk APPROVED AS TO FORM: Jon an P. Lowell City Attorney Lin A W N �.> a_ -1NN2m OO n p c�• O V .O.r D► M Cn O �m CO OD -a 03 w c = M 0r- o 0 m 3 CD m p G) m O Al Ai a c i m G CD o 3 3 Q o ° 3 m > 3 pp CD CD 1 m W— m A — CCD O O N c 7 N C T 2 0 n °—' m CD m r0 0 o SD CD m OO D Z o 0 CL o (Q ooOO O Q0 c o O -• 5 o = 3 o' E w Cc) o w CL m to ° -°O W O w cn in cn Cn o m 7 C l< D 3 n o O w p 3 cn 6 D r Oaro9w0000 r nrp X (b N» co m O .M 00 O Cn '06 co ° —' O CA �• Cn m CD m CA ,.CD.► 1..► _ m S a — 2 o 0 o y co m � O w o w 3 m 3 C c 0 m IV O - o m A c H NO S o N co O O) n 0 t0 CV O Vi S 7 7 Cn n w O v ° CD m 2 O fAD 3 1 CD w° f2o CD N S SD m O o° 7C' °. CD Q1 ,. CL 3 o O D CD 3 m w -n c 7 Q CO) O -1 1 O 'D A W N O CO OD V 01 A = M 0r- Ln .. 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W co O H O O 1 yrnlo1 °oolo0Cnnl-o i J J 1 � 1 OD Cn W co O OD 1 � 0 O O O 0 = M .. m > 3 pp A — fn CO OOD N C O 7C co N O 0 CD O "` 3 .n D W 0 0 a 3 N 7 _ N Z n N 7 C O W 0 .M 00 00 J Li V \� M n VOD ,.CD.► 1..► � O env z o 3 O v ° CD m O fAD 3 1 N n O Q1 ,. Z 'n 3 0 �O Cn A "O" a � 7 O CA O Q 1 M Q W O W � 1 OD Cn W co O OD 1 � 0 O O O 0 Exhibit #2 SLO COUNTY 2007 CDBG, HOME and ESG Draft Funding Recommendations City of Arroyo Grande (�D Applicant Project Request Draft 44,425 Public Services Fagade Improvements Grant 10,000 10,000 Economic Opportunity Comm. Forty Wonderful Program 3,000 2,732 Economic Opportunity Comm. Senior Health Screening 3,500 3,187 Economic Opportunity Comm. Teen Academic Parenting Program 2,000 1,821 Big Brothers Big Sisters Youth Mentoring Program 3,000 2,732 The Literacy Council Literacy Program 3,000 2,732 Wilshire Foundation, Inc. Caring Callers Program 2,000 1,821 Life Steps Alcohol and Drug Free Living Center 1,350 1,229 Total Project 17,850 16,254 Public Facilities Strother and Elm St. Parks ADA Improvements 44,425 44,425 City of Arroyo Grande Fagade Improvements Grant 10,000 10,000 54,425 54,425 Code Enforcement City of Arroyo Grande Code Enforcement 15,630 16,005 Administration City of Arroyo Grande Administration 21,671 21,671 109,576 108,355 City of Atascadero Housing Project Peoples' Self -Help Housing Corp. Atascadero Gardens Apts. Rehab. 100,000 68,730 Total 100,000 68,730 Public Services Project Economic Opportunity Comm. Senior Health Screening 3,000 0 Economic Opportunity Comm. Teen Academic Parenting Program 2,000 0 Big Brothers Big Sisters Youth Mentoring Program 4,000 0 The Literacy Council Literacy Program 3,000 0 El Camino Homeless Org. Homeless shelter 15,000 15,000 Wilshire Foundation, Inc. Caring Callers - outreach to elderly persc 2,000 0 Transitional Food & Shelter, Inc. Motel Voucher Program 5,000 0 Atascadero Loaves and Fishes Purchase groceries 7,500 7,000 Atascadero Community Services Fndr Youth Scholarships 8,500 5,900 Life Steps Foundation, Inc. Alcohol and Drug Free Living Center 3,105 0 Senior Volunteer Services RSVP Friendly Rides 4 Seniors 1,000 0 Total 54,105 27,900 Public Facilities Project North County Women's Shelter New fence 7,700 7,700 City of Atascadero ADA Improvements to City Owned Facilil 100,000 0 Total 107,700 7,700 Planning and Capacity Building Good Samaritan Shelter, Inc. Detox Shelter Development Plan 100,000 50,000 Total 100,000 50,000 Administration City of Atascadero Administration 37,248 37,240 C, �ID Exhibit #2 SLO COUNTY 2007 CDBG, HOME and ESG Draft Funding Recommendations City of Arroyo Grande Applicant Project Request Draft Public Services Economic Opportunity Comm. Forty Wonderful Program 3,000 Economic Opportunity Comm. Senior Health Screening 3,500 Economic Opportunity Comm. Teen Academic Parenting Program 2,000 Big Brothers Big Sisters Youth Mentoring Program 3,000 The Literacy Council Literacy Program 3,000 Wilshire Foundation, Inc. Caring Callers Program 2,000 Life Steps Alcohol and Drug Free Living Center 1,350 Total Motel Voucher Program 17,850 Public Facilities Strother and Elm St. Parks ADA Improvements 44,425 City of Arroyo Grande Facade Improvements Grant 10,000 Senior Health Screening 54,425 Code Enforcement Teen Academic Parenting Program City of Arroyo Grande Code Enforcement 15,630 Administration City of Arroyo Grande Administration 21,671 109,576 City of Atascadero Housing Project Peoples' Self -Help Housing Corp. Atascadero Gardens Apts. Rehab. 100,000 Total 100,000 Public Services Project Economic Opportunity Comm. Senior Health Screening 3,000 Economic Opportunity Comm. Teen Academic Parenting Program 2,000 Big Brothers Big Sisters Youth Mentoring Program 4,000 The Literacy Council Literacy Program 3,000 El Camino Homeless Org. Homeless shelter 15,000 Wilshire Foundation, Inc. Caring Callers - outreach to elderly persc 2,000 Transitional Food & Shelter, Inc. Motel Voucher Program 5,000 Atascadero Loaves and Fishes Purchase groceries 7,500 Atascadero Community Services Fndr Youth Scholarships 8,500 Life Steps Foundation, Inc. Alcohol and Drug Free Living Center 3,105 Senior Volunteer Services RSVP Friendly Rides 4 Seniors 1,000 Total 54,105 Public Facilities Project North County Women's Shelter New fence 7,700 City of Atascadero ADA Improvements to City Owned Facilit 100,000 Total 107,700 Planning and Capacity Building Good Samaritan Shelter, Inc. Total Detox Shelter Development Plan 2,732 3,187 1,821 2,732 2,732 1,821 1,229 16,254 44,425 10,000 54,425 16,005 21,671 108,355 68,730 68,730 0 0 0 0 15,000 0 0 7,000 5,900 0 0 27,900 7,700 0 7,700 100,000 50,000 100,000 50,000 Administration City of Atascadero Administration 37,248 37,240 399,053 191,570 City of Grover Beach Applicant Housing Economic Opportunity Commission Total Public Services Life Steps Foundation, Inc. Big Brothers Big Sisters Wilshire Foundation, Inc. Total Public Facilities Oak Park Blvd. Administration City of Grover Beach City of Paso Robles Applicant Public Services 0 Project Minor Home Repair Program Project Alcohol and Drug Free Living Center Youth Mentoring Program Caring Callers Program ADA Improvements Administration • Request Draft 20,000 20,000 20,000 20,000 3,105 3,105 7,000 7,000 2,000 2,000 12,105 12,105 81,402 81,402 81,402 81402 0 113,507 Economic Opportunity Comm. Senior Health Screening 2,500 Economic Opportunity Comm. Teen Academic Parenting Program 3,000 Transitional Food & Shelter, Inc. Motel Voucher Program 24,000 Big Brothers Big Sisters Youth Mentoring Program 3,000 The Literacy Council Literacy Program 3,000 Wilshire Foundation, Inc. Caring Callers - outreach to elderly persc 3,000 Senior Volunteer Services RSVP Friendly Rides 4 Seniors 3,700 El Camino Housing Organization Homeless shelter 5,000 Paso Robles Fellowship Development Christ's Kitchen Program for the Homele: 20,114 Unspecified allocation of Paso Robles' public services funds to projects' 0 Total 67,314 `The City of Paso Robles will determine exact funding allocations for the above mentioned public services programs at a future date , Public Facilities City of Paso Robles Paso Robles First 5 Family Center demo City of Paso Robles LED- Lighted Crosswalk 17th & Spring St City of Paso Robles Municipal Pool Changing Rm Rehab. II City of Paso Robles Sidewalks for Fairgrounds Parking Lot Good Samaritan Shelter, Inc. Detox Shelter Development Plan Paso Robles Main Street Assoc. Main Street Lights (Park and Pine Street: Paso Robles Domestic Violence Shltr Remodel kitchen Total Planning and Capacity Building City of Paso Robles Total Administration City of Paso Robles Capacity Building - Housing Element Administration 58,000 40,000 200,000 81,200 100,000 81,200 17,000 577,400 0 113,507 0 0 0 0 0 0 0 0 0 50,758 50,758 58,000 39,000 106,629 0 0 0 17,000 220,629 40,000 40,000 40,000 40,000 27,000 27,000 711,714 338,387 City of San Luis Obispo Public Services Economic Opportunity Comm. Economic Opportunity Comm. Transitional Food & Shelter, Inc. Life Steps Foundation, Inc. Total Public Facilities Economic Opportunity Comm. Good Samaritan Shelter, Inc. Housing Authority of the City of SLO Housing Authority of the City of SLO Judson Terrace Lodge City of SLO City of SLO City of SLO City of SLO Total Planning and Capacity Building Good Samaritan Shelter, Inc. Economic Opportunity Commission Total Administration City of SLO County of San Luis Obispo Housing Economic Opportunity Comm. Total Public Services Atascadero Loaves &Fishes Economic Opportunity Comm. Economic Opportunity Comm. Central Coast Senior Center LifeSteps Foundation Transitional Food & Shelter, Inc. Total Public Facilities County of San Luis Obispo County of San Luis Obispo County of San Luis Obispo Johnboy's Towing, Inc. Oceano Cmty Center, Inc. Housing Authority of the City of SLO Central Coast Senior Center Total n Prado Day Center Maxine Lewis Memorial Shelter Motel Voucher Program Alcohol /Drug Free Living Center HVAC for SLO Health Services Clinic Acquisition/construction of detox center Construction of New Offices Paint Exterior of Anderson Hotel Capital Replacement Project ADA Restroom, Santa Rosa Park ADA Restroom, Laguna Lake Park ADA Street Improvements Rosa Butron Adobe Rehabilitation Detox Shelter Development Plan One -Stop Service Campus Program Administration Minor Housing Repair Program Purchase groceries Prado Day Center. Maxine Lewis Memorial Shelter Stove Operational expenses Motel Voucher Program Mission St. Flood Control - San Miguel Mission St, Enhancement Project, San N ADA Improvements at Various Communi Property acquisition/improvements Installation of Fencing and Gate Construction of New Offices New flooring 59,907 188,000 5,000 1,283 254,190 40,000 475,000 100,000 30,000 81,867 225,000 400,000 180,000 50,000 1,581,867 0 96,887 0 0 96,887 40,000 50,000 0 30,000 81,867 175,000 42,978 0 0 419,845 25,000 21,840 10,000 7,343 35,000 29,183 125,000 100,000 1,996,057 645,915 25,000 25,000 7,500 68,800 209,016 3,000 1,283 5,000 294,599 430,000 137,000 223,700 300,000 101,580 100,000 7,800 1,300,080 Economic Development Economic Vitality Corporation Loan guarantee funds 100,000 Total 100,000 20,000 20,000 0 25,000 87,500 0 0 0 112,500 430,000 0 0 0 0 0 7,800 437,800 29,700 29,700 0 Planning and Capacity Building Women's shelter 13,825 13,825 Good Samaritan Shelter, Inc. Detox Shelter Development Plan 100,000 0 Economic Opportunity Commission One -Stop Service Campus Study 15,000 15,000 Total 20,765 115,000 15,000 Administration 35,251 35,251 County of San Luis Obispo Administration 150,000 135,000 1,984,679 750,000 HOME 23,000 Request Draft County of San Luis Obispo Administration 119,551 134,551 People's Self -Help Housing, Corp. Lachen Tara, Avila Beach 400,000 0 People's Self -Help Housing, Corp. Rolling Hills Family Apt., Templeton 500,000 500,000 Habitat for Humanity of SLO County Habitat Traffic Way Project (Atascadero) 240,000 240,000 Global Premier Development, Inc. Cider Village Family Apts., Nipomo 950,395 0 ABHOW California Manor Property Acq. (Atasc.) 1,027,094 0 Johnboy's Towing, Inc. Property Acquisition for affordable housir 100,000 0 Women's Shelter Program of SLO Co. Rehab, transitional housing in City of SU 34,000 34,000 Housing Authority of the City of SLO TBRA 250,000 0 Housing Authority of the City of SLO Administration of the TBRA program 25,000 0 Transitional Food & Shelter, Inc.. Property Acquisition (for homeless) 290,000 0 Paso Robles Non - Profit Housing Corp Oak Park Senior Housing 250,000 250,000 Los Osos CSD Onsite Septic Management Program 300,000 0 4,366,489 1;158,551 ESG Program North County Women's Shelter Women's shelter 13,825 13,825 Women's Shelter Program of SLO Co.Women's shelter 7,114 7,114 El Camino Housing Organization Homeless shelter 14,844 14,844 Economic Opportunity Commission Prado Day Center 20,765 20,765 Economic Opportunity Commission Homeless shelter 35,251 35,251 91,799 91,799 ADDI Program Housing Authority of the City of SLO First Time Home Buyer Program 23,000 23,000 Total 23,000 23,000 Long Tenn Affordability Funds People's Self -Help Housing, Corp. Lachen Tara, Avila Beach 0 179,532.00 C' O 0 RESOLUTION NO. 9882 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DESIGNATING AN AGENT FOR DISASTER REIMBURSEMENT WHEREAS, The Governor proclaimed a State of Emergency (CDAA 2007 -02) as a result of Extreme Cold Temperatures in each of the 58 counties during January 2007; and WHEREAS, The City of San Luis Obispo suffered damage to many of its facilities as a result of the freezing temperatures; and, WHEREAS, The City of San Luis Obispo, as an eligible agency under the State guidelines, seeks to be reimbursed for some portion of the costs to repair said damage from the freezing temperatures; and, WHEREAS, The City of San Luis Obispo needs to authorize an agent to act in their behalf as required to seek state financial assistance under the Natural Disaster Assistance Act. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the Public Works Director is hereby designated as the City's agent to provide to the State Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Upon motion of Council Member Carter, seconded by Council Member Settle, and on the following vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 6`h day of March 2007. Mayor David F. Romero ATTEST: Audrey Hoo r v City Clerk APPROVED AS TO FORM: 6i;P2 . Lowell City Attorney 0 DESIGNATION, OF � BL•' IT RI SOLVED BY TI-11: CITY COUNCIL 01 TI -1L CITY OP SAN LUIS OBISPO 1 Goy rrnim_ I Nainc of Appliccmu THAT JAY D. WALTER. PUBLIC WORKS DIRECTOR (Title of Authorized Agno is hereby authorized to execute for and in behalf of the City of San Luis Obispo a public entity established under the laws of the State of California, this application and to file it in the Office of Emeigenc•v Services for the purpose of obtaining certain federal financial assistance under P.L. 93 -2SS as amended by the Robert T. Stafford Disaster Relief and Emergency Assistance Act of 19SS, and /or state financial assistance under the Natural Disaster Assistance Act. THAT the Citv of San Luis Obispo a public entity established undci the laws of the State of California, hereby authorizes its agent(s) to provide to the State. Office of Emergency Services for all matters pertaining to such state disaster assistance the assurances and agreements required. Passed and approved this 6`!' day of March 2007. (Name and Title) (Name. and Title) CERTIFICATION I. Audrev Hooper duly appointed and City Clerk of (Name) (Title) the City of San Luis Obispo do hereby certify that the above is a true and correct copy of a resolution passed and approved by the City Council of the _City of San Luis Obispo on the (Governing body) (,Name of Applicant) 6th day of March 2007. Date: March S. 2007 City Clerk (Official Position) (SigpaIL110 OESForm 190 (10197) DAD Form APPROVED AS TO FORM: 10 1A - CAN P. LOWELL City Attorney RESOLUTION NO. 9881(2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE CITY'S INTENT TO APPROVE THE TRANSFER OF FRANCHISE ORDINANCE 1391 TO OPERATE AND MAINTAIN PIPELINES FOR THE TRANSPORTATION OF OIL AND OTHER SPECIFIED MATERIALS IN THE CITY OF SAN LUIS OBISPO FROM UNION PIPELINE COMPANY ("UNOCAP' ), A CALIFORNIA CORPORATION, TO CONOCOPHILLIPS PIPE LINE COMPANY, A DELAWARE CORPORATION, AND SETTING A PUBLIC HEARING FOR APRIL 3, 2007 WHEREAS, the City of San Luis Obispo adopted Ordinance No. 1391 on July 10, 2001, granting a franchise to Union Pipeline Company ( "Unocap "), a California Corporation for a term of 10 years for the transportation and distribution of oil and other specified materials in the City of San Luis Obispo; and WHEREAS, effective February 1, 2005, Unocap merged into ConocoPhillips Pipe Line Company ( "CPPLC "), a wholly owned subsidiary of ConocoPhillips Company, and is no longer a legal entity; and WHEREAS, CPPLC is currently operating pipelines for the transportation of oil and other specified materials within the City of San Luis Obispo and expressly agrees to assume the rights and obligations of Unocap under Franchise Ordinance 1391; and WHEREAS, the agreement approved by Ordinance 1391 contains the following key provisions: Purpose: To maintain and operate pipelines for the transportation of oil and hydrocarbons within the City of San Luis Obispo. Twe: Non - exclusive Term: 10 years Fees: Annual franchise fee to the City in accordance with Public Utilities Code Section 6231.5 (A fee ranging from $0.088 to $0.660 per foot based on pipeline diameter) Bond: One million dollars faithful performance bond Insurance: Ten million dollars liability insurance Indemnity: CPPLC to indemnify the City for any and all damages to persons or property arising out of operations under the franchise. Includes indemnity for joint acts with the City. In addition, the Franchise covers all other subjects commonly found in such franchise documents such as: the type of maintenance and operation of the pipelines, permitted transfers of the franchise, requirements for moving pipelines to accommodate public .... 0 0 Resolution No. 9881 (2007 Series) Page 2 works and utilities, encroachment permits, and pipeline abandonment and removal requirements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 1002 of the Charter of the City of San Luis Obispo and Article 17 of Franchise Ordinance 1391, the City Council hereby declares its intention to consent to the transfer of Franchise Ordinance number 1391 from Unocap to Conoco Phillips Pipe Line Company. SECTION 2. A public hearing will be held on April 3, 2007, at 7:00 p.m. in the Council Chambers of City Hall, located at 990 Palm Street, San Luis Obispo, California. Any persons having an interest in the franchise transfer or any objection to the approval of the franchise transfer may appear before the Council and be heard thereon. SECTION 3. The City Clerk shall publish this resolution at least once within fifteen (15) days of its passage in a newspaper in the City of San Luis Obispo. Upon motion of Council Member Carter, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 6`h day of March 2007. �.' Mayor David F. Romero ATTEST: Lly'tl� 4-4"��Zz Audrey Hoop )(r City Clerk APPROVED AS TO FORM: Jo an P. Lowell City Attorney C6,ptl- 1-&,ae-e IZZ N O O RESOLUTION NO. 9880 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO DECLARING THE CITY'S INTENT TO APPROVE THE TRANSFER OF FRANCHISE ORDINANCE 1390 TO OPERATE AND MAINTAIN PIPELINES FOR THE TRANSPORTATION OF OIL AND OTHER SPECIFIED MATERIALS IN THE CITY OF SAN LUIS OBISPO FROM TOSCO CORPORATION, A NEVADA CORPORATION, TO CONOCOPHILLIPS COMPANY AND SETTING A PUBLIC HEARING FOR APRIL 3, 2007 WHEREAS, the City of San Luis Obispo adopted Ordinance No. 1390 on July 10, 2001, granting a franchise to Tosco Corporation fora term of 10 years for the transportation and distribution of oil and other specified materials in the City of San Luis Obispo; and WHEREAS, Tosco Corporation was acquired by Phillips Petroleum Company, which subsequently merged with Conoco Inc., became a subsidiary of the parent company and changed its name to ConocoPhillips Company; and WHEREAS, on January 1, 2003, Tosco Corporation was merged into ConocoPhillips Company and ceased to exist as a legal entity; and WHEREAS, ConocoPhillips Company has assumed all of Tosco Corporation's properties, rights and obligations, including its pipeline operations in the City of San Luis Obispo and expressly agrees to assume the rights and obligations of Tosco Corporation under Franchise Ordinance 1390; and WHEREAS, the agreement approved by Ordinance 1390 contains the following key provisions: Purpose: To maintain and operate pipelines for the transportation of oil and hydrocarbons within the City of San Luis Obispo. Type: Non - exclusive Term: 10 years Fees: Annual franchise fee to the City in accordance with Public Utilities Code Section 6231.5 (A fee ranging from $0.088 to $0.660 per foot based on pipeline diameter) Bond: One million dollars faithful performance bond Insurance: Ten million dollars liability insurance Indemnity: ConocoPhillips Company to indemnify the City for any and all damages to persons or property arising out of operations under the franchise. Includes indemnity for joint acts with the City. In addition, the Franchise covers all other subjects commonly found in such franchise documents such as: the type of maintenance and operation of the pipelines, permitted Ci 1 0 Resolution No. 9880 (2007 Series) Page 2 transfers of the franchise, requirements for moving pipelines to accommodate public works and utilities, encroachment permits, and pipeline abandonment and removal requirements. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Pursuant to Section 1002 of the Charter of the City of San Luis Obispo and Article 17 of Franchise Ordinance 1390, the City Council hereby declares its intention to consent to the transfer of Franchise Ordinance number 1390 from Tosco Corporation to ConocoPhillips Company. SECTION 2. A public hearing will be held on April 3, 2007,. at 7:00 p.m. in the Council Chambers of City Hall, located at 990 Palm Street, San Luis Obispo, California. Any persons having an interest in the franchise transfer or any objection to the approval of the franchise transfer may appear before the Council and be heard thereon. SECTION 3. The City Clerk shall publish this resolution at least once within fifteen (15) days of its passage in a newspaper in the City of San Luis Obispo. Upon motion of Council Member Carter, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 6`s day of March 2007. Mayor David F. Romero ATTEST: G Audrey HO#er City Clerk APPROVED AS TO FORM: onat P. Lowell City Attorney I I O RESOLUTION NO. 9879 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, SUPPORTING A WORLD HERITAGE SITE NOMINATION FOR THE CARRIZO PLAIN NATIONAL MONUMENT WHEREAS, the Carrizo Plain National Monument preserves the largest remaining area of the once vast San Joaquin Valley ecosystem, including the Carrizo and Elkhorn Plains, a world renowned section of the San Andreas Fault, and representative examples of each period of human occupation in North America, including the pictographs of Painted Rock; and WHEREAS, the President of the United States created Carrizo Plain National Monument through a Presidential Proclamation on January 21, 2000, to preserve the unrivaled wildlife scenic, geological, and cultural values associated with these spectacular natural landscapes; perpetuate its significant and diverse ecosystems in their natural state; protect and preserve historical and cultural values of the region associated with ancient, Indian cultures and western exploration and settlement; preserve sites that exemplify the region's homesteading history; provide opportunities for compatible outdoor recreation; protect and interpret geological and historic, paleontological, and archeological sites; maintain wilderness values; promote public understanding and appreciation of California's native grasslands and other habitats; and retain and enhance opportunities for scientific research in undisturbed ecosystems; and WHEREAS, the 250,000 acres encompassed by the Monument contribute to our region's dark night skies, superior grassland and mountain vistas, peaceful soundscapes, air quality, and opportunities for many activities including wildflower viewing, bird watching and other wildlife viewing, hiking, horseback riding; hunting, photography, orienteering, scientific research, and nature study; and WHEREAS, Carrizo Plain National Monument is an important component of our community's historic, cultural, economic, and social identity; and WHEREAS, Carrizo Plain National Monument plays an important role in generating economic benefit for the City of San Luis Obispo and other local communities through local employment; tax revenues; visitor spending on meals, lodging, and supplies; and public expenditures for monument employee salaries, supplies, services, construction projects, etc.; and WHEREAS, as the region's population continues to grow, it is wise to further recognize and protect the Monument now to ensure that future generations can enjoy it tomorrow as we can today; and WHEREAS, a World Heritage Act nomination would provide needed recognition for the numerous and singular values of the Carrizo Plain National Monument, therefore helping to preserve the areas important natural and cultural heritage for the benefit of wildlife and future generations of San Luis Obispo City and County residents and visitors from around the state, the nation and the world. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that it hereby endorses and supports the nomination and designation of the Carrizo Plain National Monument as a World Heritage site by the World Heritage Committee. Resolution No. 9879 (2007 Senes) Page 2 Upon motion of Council Member Carter, seconded by Council Member Settle, and on the following vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted this 6`h day of March 2007. A� Mayor David F. Romero ATTEST: Audrey Hooper City Clerk APPROVED AS TO FORM: J6aa th . Lowell City Attorney aSr�-Nwyc� � �� -- �;�,, � � o 1 17) RESOLUTION NO. 9877 (2007 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ESTABLISHING INTEGRATED SOLID WASTE RATES WHEREAS, on June 21, 1994, the City Council of the City of San Luis Obispo approved the Rate Setting Manual Process and Methodology Manual for Integrated Solid Waste Management Rates; and WHEREAS, a review of San Luis Garbage Company's 2007 base year solid waste rate application has been completed in accordance with the adopted solid waste rate setting policies. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Resolution No. 9634 (2004 series) is hereby rescinded as of 11:59 p.m., March 31, 2007. SECTION 2. The rates set forth in Exhibit A shall be effective April 1, 2007. On motion of Vice Mayor Mulholland, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Carter, and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was adopted on this 20`h day of February 2007. ATTEST: G Audrey Ho per City Clerk APPROVED AS TO FORM: P. Lowell City Attorney Mayor David F. Romero 13Z:?i�l CITY OF SAN LUIS OBISPO Exhibit A 6.30% AVERAGE ACROSS THE BOARD INCREASE FOR INTEGRATED SOLID WASTE ACTIVITIES EFFECTIVE 4 -1 -2007 MULTI -UNIT RESIDENTIAL DUMPSTER CONTAINERS (PER MONTH) Size of container cubic yards) COLLECTIONS COLLECTIONS PER WEEK 1 2 3 4 5 6 7 1 2 3 4 5 6 7 8 9 $ 20.15 1 2 3 4 5 6 7 1 1.5 2 3 4 6 $ 82.00 $ 119.43 $ 156.81 77165 1 $ 194.22 $ 231.63 $ 69.05 $ 269.00 $ 112.21 $ '306.41 $ 94.95 $ 146.73 $ 198.53 1 $ 250.30 $ 302.10 $ 353.87 $ 405.68 $ 107.89 $ 172.63 $ 237.36 $ 302.09 $ 366.83 $ 431.54 $ 496.27 $ 133.77 $ 224.42 $ 315.04 $ 405.68 $ 496.30 $ 586.94 $ 677.57 $ 159.67 $ 277.64 $ 395.63 $ 513.59 $ 631.56 $ 749.55 $ 867.54 $ 211.44 $ 382.64 $ 553.85 $ 725.05 $ 896.27 $ 1,067.46 $ 1,238.67 The rates Shown above Include the montnly container rental Tee ano are ine. same Tor Dins and garwoods, when volume is identical. COMMERCIAL GARBAGE CANS (PER MONTH) number of cans COLLECTIONS PER WEEK 1 2 3 4 5 6 7 1 2 3 4 5 6 7 8 9 $ 20.15 $ 31.63 $ 43.15 $ 54.65 $ 66.15 $ 77165 $ 89.14 $ 25.89 $ 40.29 $ 54.67 $ 69.05 $ 83.46 $ 97.83 $ 112.21 $ 31.65 $ 48.94 $ 66.19 $ 83.49 $ 100.74 $ 118.01 $ 135.29 $ 37.42 $ 57.56 $ 77.69 $ 97.84 $ 117.99 $ 138.14 $ 158.27 $ 43.17 S 66.18 $ 89.20 $ 112.21 $ 135.25 $ 158.25 $ 181.27 $ 48.94 S 74.81 $ 100.70 $ 126.60 $ 152.47 $ 178.38 S 204.26 $ 54.68 S 83.48 $ 112.22 $ 141.01 $ 169.78 $ 198.56 $ 227.32 $ 60.45 $ 92.11 $ 123.77 $ 155.41 $ 187.09 $ 218.75 $ 250.40 $ 66.19 $ 100.73 1 $ 135.27 1 $ 169.79 $ 204.32 1 $ 238.85 $ 273.38 Maximum volume and weight per garbage can: a5 aeons ano au ounas Additional charge per can per collection: $ 6.19 Sunday service $ 50:36 per month in addition to garbage service monthly cost Proposed Rate Schedule for Integrated Solid Waste Services effective 4 -1 -2007 CITY OF SAN LUIS OBISPO rnmroERCIAI. QR GA1I ON WASTE 'WHEELER CONTAINERS (PER MONTHI number of containers 1 cubic yard (minimum charge) $ 43.16 2 cubic yards $ COLLECTIONS PER WEEK $ 63.30 4 cubic yards 1 2 3 4 5 6 7 1 2 3 4 5 6 7 8 9 $ 35.91 $ 57.49 $ 79.08 $ 100.66 $ 122.26 $ 143.82 $ 165.43 $ 58.87 $ 90."$337.63 .14 $ 153.78 $ 185.43 $ 217.06 $ 248.73 $ 81.82 $ 123..24 $ 178.40 $ 206.96 $ 248.69 $ 290.38 $ 332.10 $ 104.76 $ 156..35 $ 230.16 $ 260.12 $ 311.92 $ 363.68 $ 415.51 $ 127.71 $ 189..43 $ 284.81 $ 313.31 $ 375.16 $ 437.02 $ 498.88 $ 150.67 $ 222..54 $ 385.54 $ 366.46 $ 438.39 $ 510.36 $ 582.26 $ 173.63 $ 255..63 $ 48623 $ 419.64 $ 501.65 $ 583.65 $ 665.65 $ 196.58 $ 288..72 $ 472.80 $ 564.88 $ 656.9 749.03 $ 219.54 $ 32..81 $ 525.94 $ 628.08 $ 730.21 $ 832.33 COMMERCIAL DUMPSTER CONTAINERS (PER MONTH) Size of container cubic yards) 1 cubic yard (minimum charge) $ 43.16 2 cubic yards $ COLLECTIONS PER WEEK $ 63.30 4 cubic yards 1 2 3 4 5 6 7 1 1.5 2 3 4 6 8 $ 71.93 $ 100.70 $ 129.48 $ 158.25 $ 187.00 $ 215.79 $ 244.58 $ 80.56 $ 117.95 $ 155.35 $ 192.76 $ 230.16 $ 267.57 $ 304.97 $ 89.19 $ 133.78 $ 178.40 $ 223.00 $ 267.60 $ 312.19 $ 356.80 $ 106.45 $ 168.30 $ 230.16 $ 292.02 $ 353.87 $ 415.74 $ 477.61 $ 123.70 $ 204.27 $ 284.81 $ 365.40 $ 445.94 $ 526.50 $ 607.08 $ 158.22 $ 271.88 $ 385.54 $ 499.21 $ 612.87 $ 726.52 $ 840.20 $ 192.73 $ 339.49 $ 48623 $ 632.98 $ 779.73 $ 926.48 1 $ 1,073.23 The rates shown above include the monthly container rental tee and are the same Tor ours and garwoods, when volume is identical. Sunday service $ 50.36 per month in addition to garbage service monthly cost UNSCHEDULED EXTRA COLLECTIONS FOR COMMERCIAL CUSTOMERS AND MULTI -UNIT RESIDENTIAL DUMPSTER CUSTOMERS $ 33.10 1 cubic yard (minimum charge) $ 43.16 2 cubic yards $ 53.24 3 cubic yards $ 63.30 4 cubic yards Proposed Rate Schedule for Integrated Solid Waste Services effective 4-1 -2007 C CITY OF SAN LUIS OBISPO 10 SINGLE FAMILY and MULTI -UNIT RESIDENTIAL (4 units or less) VOLUME -BASED RATES SMALL TRUCK/ AUTOMATED SERVICE MANUAL SERVICE (determined by city staff) MINI -CAN SERVICE $ 7.10 per month for one 19 gallon wastewheeler container collected once each week $ 11:62 ECONOMY RATE $ 11.36 per month for one 32 gallon wastewheeler container collected once each week STANDARD RATE is 22.72 1 per month for one 64 gallon wastewheeler container collected once each week PREMIUM RATE $ 34.08 1 per month for one 96 gallon wastewheeler container collected once each week PREMIUM PLUS RATE $ 10.35 per month for additional 32 gallon wastewheeler container collected once each week $ 20.71 per month for additional 64 gallon wastewheeler container collected once each week $ 31.07 per month for additional 96 gallon wastewheeler container collected once each week per month for vacation (less 17.8% disposal) SERVICE AWAY FROM THE STREET CURB $ 7.75 additional per month per can or container LATE MAKEUP COLLECTIONS WITH GARBAGE TRUCK (phone call required) $ 11.52 per trip plus charges identified above for any extra containers or equivalent volume $ 5.69 1 additional charge per 33 gallon can or equivalent volume per collection EXTRA COLLECTIONS WITH PICKUP OR FLATBED TRUCK (phone call required $ 17.28 1per trip plus: $ 5.69 per garbage can or equivalent volume (amounts over six cans by quotation) $ 4.31 per white good article (once a month, residential customers only) $ 4.31 per piece of furniture (residential customers only) $ 4.31. per mattress or boxs rin residential customers only) Proposed Rate Schedule for Integrated Solid Waste Services effective 4-1 -2007 $ 18.59 $ 37.18 $ 55.77 $ 16.94 $ 33.89 $ 50.84 0 CITY OF SAN LUIS OBISPO RATE SCHEDULE FOR COMMERCIAL RECYCLING ACTIVITIES COMMINGLED RECYCLING COLLECTION COMMERCIAL DUMPSTER CONTAINERS (PER MONTH) Size of container cubic yards) COLLECTIONS PER WEEK 1 2 3 4 5 6 7 1 1.5 2 3 4 6 8 INCLUDED $ 25.17 $ 32.37 $ 39.56 $ 46.75 $ 53.96 $ 61.13 INCLUDED $ 29.49 $ 38.83 $ 48.18 $ 57.53 $ 66.88 $ 76.25 INCLUDED $ 33.44 $ 44.59 $ 55.75 $ 66.89 $ 78.05 $ 89.20 INCLUDED $ 42.08 $ 57.53 $ 73.01 $ 88.47 $ 103.94 $ 119.40 INCLUDED $ 51.09 $ 71.21 $ 91.34 $ 111.48 $ 131.64 $ 151.76 INCLUDED $ 67.97 $ 96.39 $ 124.81. $ 153.24 $ 181.62 $ 210.05 INCLUDED $ 84.86 $ 121.58 $ 158.25 $ 194.93 $ 231.641$ 268.31 The rates shown above include the monthly container rental tee and are the same for bins and garwoods, when volume is identical. WHITE OFFICE PAPER COLLECTION White office paper can be commingled with other recycling in your blue waste wheeler. In office collection of white /colored paper is available at $ 48.67 per hour POLYSTYRENE COLLECTION Polystyrene is no longer collected for recycling. It should be thrown away as trash. However rigid # 6 is recyclable (plastic beer cups, clear plastic wine glasses, etc.) Proposed Rate Schedule for Integrated Solid Waste Services effective 4-1 -2007 �hr.9/iG, IWvss /,7zc4/.; 6s C' 16Ory�//f 4:5G'l -Z C 0 0 RESOLUTION NO. 9878 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ACCEPTING THE PUBLIC IMPROVEMENTS FOR TRACT NO. 2419 WHEREAS, the City Council made certain findings concerning Tract 2419, as prescribed in Resolution No. 9192 (2001 Series); and WHEREAS, the City Council approved the final map for Tract 2419 per Resolution No. 9327 (2002 Series); and WHEREAS, the subdivider has satisfactorily completed the public improvements for Tract 2419, in accordance with City standards, specifications and the subdivision agreement, and has requested acceptance of the public improvements for maintenance and operation by the City. The private improvements have been completed per plan; and WHEREAS, the subdivider has satisfactorily completed the private improvements for Tract 2419, in accordance with City standards, specifications and the approved plans, and has requested that the city certify completion of these private improvements. NOW, THEREFORE, BE IT RESOLVED the City Council hereby accepts the public improvements and certifies completion of the private improvements for Tract No. 2419. The current Faithful Performance surety is hereby reduced to $15,450, being ten percent of the total cost of the public improvements, to be held for one year from this date, in accordance with the subdivision agreement. The Labor & Materials surety may be released after 60 days from this date of acceptance of the improvements in accordance with Section 66499.7 of the California Government Code. On motion of Council Member Carter, seconded by Council Member Settle and on the following vote: AYES: Council Members Brown, Carter and Settle, and Mayor Romero NOES: Vice Mayor Mulholland ABSENT: None The foregoing resolution was adopted this 6`s day of March 2007. Resolution No. 9878 (2007 Senes) Page 2 A Audrey City C1 APPROVED AS TO FORM: h.nat P. Lowell City Attorney 0 (2 2- W - - rid/, D Mayor David F. Romero ,���A /.C— / %uJ - O lc�� -1 —T� •t'- RESOLUTION NO. 9876 (2007 Series) A RESOLUTION OF THE CITY COUNCIL OF SAN LUIS OBISPO APPROVING A TENTATIVE TRACT MAP TO ALLOW A CONDOMINIUM CONVERSION FOR 16 APARTMENTS AT 1043 ELLA STREET APPLICATION NO. TR 21 -06 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 January 10, 2007, and recommended approval of Application No. TR 21 -06 to the City Council, a request to approve a Tentative Tract Map to finalize the Condominium Conversion for 16 apartments known as Vista De La Ciudad at 1043 Ella Street; 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 February 20, 2007, to consider application no. TR 21 -06, a request to approve a Tentative Tract Map to finalize a Condominium Conversion for 16 apartments known as Vista De La Ciudad; 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 design of the tentative tract map is consistent with the General Plan because the proposed subdivision respects existing site constraints, results in condominium units that meet density standards, and will be consistent with the density and development limits established by the Medium Density Residential District. 2. The site is physically suited for the proposed type of development allowed in the R -2 zones since the project consists of existing development that will receive building and site improvement enhancements to substantially conform to current City Regulations and to meet improvement standards for airspace condominiums as required in the Subdivision Regulations. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision. 4. The proposed condominium conversion is consistent with the General Plan because ..- Resolution No. 9876 (2007 Series) Page 2 changing the apartments to condominiums will not impact available affordable housing since all of the existing apartments can be rented at market rates and the conversion will provide two deed restricted affordable units at the "very low" category consistent with the City's Inclusionary Housing Ordinance and the other units are affordable by design. 5. As conditioned, the conversion complies with all regulations and property improvement standards for condominium conversions. 6. 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. 7. The property is in substantial compliance with the Zoning Code in terms of allowed use, density, parking, yard areas, building height, and all other applicable property development standards. 8. In accordance with the Condominium conversion standards the applicant has appropriately delivered a notice of intent to convert to each 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 light of the above findings, there exists adequate facts to support the findings required under sections 66473.5 and 66474 of the Government Code. 11. An equivalent number of new units comparable in affordability and amenities to those being converted are being created as part of the new project. 12. The project is categorically exempt from environmental review under Class 1, Existing Facilities, Section 15301 of the CEQA Guidelines. Section 2. Approval Subject to Conditions. The City Council does hereby approve Application No. TR 21 -06, a request to approve a Tentative Tract Map to convert 16 apartment units at 1043 Ella Street to individual ownership condominiums in accordance with Municipal Code Chapter 16.17, subject to the following conditions: 1. Prior to the submittal of building plans and final map review, final ARC approval shall be obtained for the project. Submitted plans shall be fully consistent with plans approved by the ARC. 2. Pursuant to Government Code Section 66474.9(b), the subdivider shall defend, indemnify and hold harmless the City and/or its agents, officers and employees from any claim, action or proceeding against the City and/or its agents, officers or employees to attack, set aside, void or annul, the approval by the City of this subdivision, and all actions relating thereto, including but not limited to environmental review. 3. The existing curb, gutter and sidewalk along with the driveway approach shall be removed and replaced per City of San Luis Obispo Engineering Standards and Specifications. The sidewalk shall be a minimum of six feet in width and the driveway approach shall incorporate an accessible path of travel. The applicant shall submit Public Improvement 0 0 Resolution No. 9876 (2007 Series) Page 3 Plans, subject to plan check and inspection fees, showing said improvements for Public Works Department review and approval. The applicant shall have the option of either removing and replacing the existing retaining wall or widening toward the street. If the applicant chooses to widen the sidewalk toward the street, there shall be no reduction in curb height, nor will deviations to the street cross section be allowed. Additionally, the applicant shall submit calculations in the detailed drainage analysis showing that the reduced street section can accommodate the tributary storm water run off. 4. Complete frontage improvements for the Jennifer/Rachel Street frontages are a condition of this subdivision approval. The improvements shall be constructed in accordance with the engineering standards in effect at the time of encroachment permit issuance. The applicant shall submit Public Improvement Plans, subject to plan check and inspection fees, showing said improvements for Public Works Department review and approval. The developer is responsible for any required engineering and/or surveying. 5. The applicant shall provide for post - development storm water quality management for the existing impervious surfaces in accordance with Engineering Standard Section 101O.B. 6. The applicant shall prepare conditions, covenants, and restrictions (CC &Rs) to be approved by the Community Development Director and City Attorney prior to final map approval. CC &Rs shall contain the following provisions: a. Creation of a homeowners' association to enforce the CC &Rs and provide for professional, perpetual maintenance of all common areas including private driveways, drainage, on -site sewer facilities, parking lot areas, walls and fences, lighting, and landscaping. b. Grant to the City the right to maintain common areas if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and the right of the City to inspect the site at mutually agreed times to assure conditions of CC &Rs and final map are being met. c. No parking except in approved, designated spaces. d. Grant to the city the right to tow away vehicles on a complaint basis which are parked in unauthorized places. e. No outdoor storage of boats, campers, motorhomes, or trailers nor long -term storage of inoperable vehicles. f. No outdoor storage by individual units except in designated storage areas. g. No change in City- required provisions of the CC &Rs without prior City Council approval. h. Homeowners' association shall file with the City Clerk the names and addresses of all officers of the homeowners' association within 15 days of any change in officers of the association. i. Provision of appropriate "no parking" signs and red - curbing along interior roadways as required by the City Fire Department. j. CC &Rs shall not prohibit location of solar clothes drying facilities in private yards which are substantially screened from view. n � Resolution No. 9876 (2007 Series) Page 4 7. A barbeque facility and picnic bench shall be incorporated into common open space areas. 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. 8. Prior to (or in conjunction with) recordation of the final map, a minimum of two (2) units shall be deed restricted for at least 30 years as affordable to "very low" income families or persons consistent with the City of San Luis Obispo Affordable Housing Standards. Prior to submittal of building plans an affordable housing plan shall be submitted to the Community Development Director for review and approval. Code Requirements: The following code requirements are included for information purposes only. They serve to give the applicant a general idea of other City requirements that will apply to the project. This is not intended to be an exhaustive list as other requirements may be identified during the plan check process. The project is subject to all requirements in effect at the time of the building permit or map vesting date. 1. An encroachment permit will be required from the Public Works Department for any work or construction staging in the public right -of -way. 2. A traffic control plan and/or pedestrian control plan shall be approved prior to encroachment permit issuance for work in the public right -of -way. 3. The driveway and parking areas shall comply with the current Parking and Driveway Standards for dimension, maneuverability, and materials. This development shall comply with the Waterway Management Plan. Provide a preliminary hydrologic and hydraulic analysis report at the time of application for discretionary approvals in accordance with the Waterway Management Plan Volume III, Drainage Design Manual. 4. This re- development shall comply with the Waterway Management Plan, Volume III, Drainage Design Manual. A plan shall be submitted along with a complete hydrologic and hydraulic analysis report. The analysis shall include analysis of the tributary upslope drainage. Any upslope drainage shall be designed to be conveyed in a non erosive manner through the site. The any construction plan submittal shall include erosion control measures in accordance with Section 10.0 of the manual and post - development stormwater quality management in accordance with Engineering Standard Section 1010.B. 5. Fossil filter inserts (drain inserts) are only recognized as an acceptable BMP in conjunction with other measures or as an upgrade or retrofit to an existing development where other treatment options are not feasible. The use of drain inserts only shall be first approved by the city. Resolution No. 9876 (2007 Series) Page 5 6. One 15- gallon street tree shall be planted per City standards for each 35 lineal feet of frontage. The City Arborist shall approve the tree species, planting requirements, and whether the street trees shall be planted in tree. wells in the sidewalk area or behind the back of walk in the front yard. Contact City Arborist Ron Combs at 781 -7023 for specific questions or requirements and to evaluate any existing trees. 7. Fire Department access shall be in accordance with Article 9 of the California Fire Code (CFC). Access roads shall have an unobstructed width of not less than 20 feet and an unobstructed vertical clearance of 13' 6 ". Access roads shall be designed and maintained to support the imposed loads of a 60,000 pound fire apparatus and shall be provided with a surface so as to provide all- weather driving capabilities. 8. Water Supplies shall be in accordance with Sections 901 and 903 of the CFC. An approved water supply capable of providing the required fire flow for fire protection is required. The fire flow shall be determined using Appendix III -A of the CFC. 9. Fire protection systems shall be installed in accordance with the CFC and the California Building Code. Approved NFPA 13 D systems will be required for each individual unit. Shop Drawings and Specifications shall be submitted for review and approval prior to installation. 10. Buildings undergoing construction, alteration or demolition shall be in accordance with Article 87 of the CFC. 11. Portable fire extinguishers, rated 2A, 10 BC, shall be mounted within 75'of travel and at each exit. 1. If not already installed and operational, 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 16.17 A -H) 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. 0 0 Resolution No. 9876 (2007 Series) Page 6 4. Conditions, Covenants and Restrictions (C.C. &Rs) 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 common areas. The CC& 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. Complete frontage improvements for the Jennifer/Rachel Street frontages are a condition of this subdivision approval. The improvements shall be constructed in accordance with the engineering standards in effect at the time of encroachment permit issuance. The applicant shall submit Public Improvement Plans, subject to plan check and inspection fees, showing said improvements for Public Works Department review and approval. The developer is responsible for any required engineering and/or surveying. 7. The applicant shall provide for post - development storm water quality management for the existing impervious surfaces in accordance with Engineering Standard Section 101O.B. 8. A barbeque facility and picnic bench shall be incorporated into common open space areas. 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. 9. Prior to the submittal of building plans and final map review, final ARC approval shall be obtained for the project. Submitted plans shall be fully consistent with plans approved by the ARC. 10. 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. 11. 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. 12. 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 Resolution No. 9876 (2007 Series) Page 7 the property. 13. Each of the tenants shall be given written notification within 10 days of approval of final map for the conversion. 14. The parking lot areas shall be reconstructed to repair damaged asphalt as necessary, prior to recordation of the map. Patching and sealing of some areas may be appropriate, however significantly deteriorated asphalt areas shall be removed and reconstructed rather than patched. Planning and Public works staff will verify the extent of reconstruction required. 15. The existing curb, gutter and sidewalk along with the driveway approach shall be removed and replaced per City of San ,Luis Obispo Engineering Standards and Specifications. The sidewalk shall be a minimum of six feet in width and the driveway approach shall incorporate an accessible path of travel. The applicant shall submit Public Improvement Plans, subject to plan check and inspection fees, showing said improvements for Public Works Department review and approval. The applicant shall have the option of either removing and replacing the existing retaining wall or widening toward the street. If the applicant chooses to widen the sidewalk toward the street, there shall be no reduction in curb height, nor will deviations to the street cross section be allowed. Additionally, the applicant shall submit calculations in the detailed drainage analysis showing that the reduced street section can accommodate the tributary storm water run off. 16. Private open space yards shall be constructed as proposed at time of condominium conversion approval. Private open space yards, including new fencing and any other necessary landscape improvements, shall be completed prior to recordation of a final map. These features are subject to architectural review. 17. Prior to (or in conjunction with) recordation of the final map, a minimum of two (2) units shall be deed restricted for at least 30 years as affordable to very low income families or persons consistent with the City of San Luis Obispo Affordable Housing Standards. (End of Conditions) On motion of Vice Mayor Mulholland, seconded by Council Member Settle, and on the following roll call vote: AYES: Council Members Brown, Carter and Settle, Vice Mayor Mulholland and Mayor Romero NOES: None ABSENT: None The foregoing resolution was passed and adopted this 20`s day of February 2007. Resolution No. 9876 (2007 Series) Page 8 ATTEST: Audrey Hoo r City Clerk APPROVED AS TO FORM: Jonas . Lowell City Attorney Mayor David F. Romero �/2713/G - L' �� f�L�Iz�iifc.z S s +�, -' -. � S *, o,....w,Q,,,_ "Y y�, yam, 0 0 RESOLUTION NO. 9875 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADDING PROPERTIES LOCATED AT 1342 BRECK STREET; 1013, 1015, 1240, 1255, 1265, 1345 #17 ELLA STREET; 1672 FAIRVIEW STREET; 1043,1127,1205, 1215, 1234, 1236 GEORGE STREET; 1136,1139, 1140,1204 IRIS STREET; 1985, 2105 JOHNSON AVENUE; 907, 2056 RACHEL STREET; 1908 RUTH STREET; AND 2006, 2033 SWAZEY STREET TO THE CONTRIBUTING PROPERTIES LIST OF HISTORIC RESOURCES. WHEREAS, in 1983 the City Council adopted Resolution No. 5197 establishing the "Master List of Historic Resources" and "Contributing Properties List" (collectively referred to as "Historic Resources "), along with procedures for adding properties to the listing; and WHEREAS, on February 27, 2006, March 27, 2006, and November 27, 2006, following such procedures the Cultural Heritage Committee held public hearings to consider recommending to the City Council the addition of several properties in the City of San Luis Obispo to the Contributing Properties List due to their historical and/or architectural significance to their neighborhood and to the community; and WHEREAS, at said meetings, the Cultural Heritage Committee reviewed the historical documentation on the following properties and recommended that the City Council add these properties to the Contributing Properties List of Historic Resources: 1. 1342 Breck Street 2. 1013, 1015, 1240, 1255, 1265, 1345 #17 Ella Street 3. 1672 Fairview Street 4. 1043, 1127, 1205, 1215, 1234, 1236 George Street 5. 1136, 1139, 1140, 1204 Iris Street 6. 1985, 2105 Johnson Avenue 7. 907, 2056 Rachel Street 8. 1908 Ruth Street 9. 2006 and 2033 Swazey Street WHEREAS, this City Council considered this recommendation at an advertised public hearing on February 20, 2007 pursuant to historic preservation guidelines established by Council Resolution No. 6157 (1987 Series). NOW THEREFORE BE IT RESOLVED by the Council of the City of San Luis Obispo that based on the Cultural Heritage Committee's recommendation, documentation as described in the Historical Resource Inventory for each property, on file in the Community Development Department, public testimony, the staff report, and on the City's Historical Preservation Program Guidelines the following: R 9875 Resolution No. 9875 (200 5 ries) O Page 2 SECTION 1. Addition to Contributing Properties List. The following properties have been found to contribute to the historic and architectural character of the City and to meet the criteria for inclusion on the Contributing Properties List, and are hereby deemed Contributing Properties: 1. 1342 Breck Street 2. 1013, 1015, 1240, 1255, 1265, 1345 #17 Ella Street 3. 1672 Fairview Street 4. 1043, 1127, 1205, 1215, 1234, 1236 George Street 5. 1136, 1139, 1140, 1204 Iris Street 6. 1985, 2105 Johnson Avenue 7. 907, 2056 Rachel Street 8. 1908 Ruth Street 9. 2006, 2033 Swazey Street SECTION 2. Environmental Determination. The City Council hereby determines that this action is not a "project" as defined in Article 20 of the California Environmental Quality Act (CEQA) since it does not have the potential for resulting in a physical change in the environment, and therefore, is not subject to environmental review requirements. SECTION 3. Publish Revised Contributing Properties List. The Community Development Director is hereby directed to amend the Contributing Properties List to include the properties listed above and to publish revised historic resource listings for public distribution. SECTION 4. Recording of Historic Properties. The City Clerk is hereby directed to record the properties' historic designation with the County Recorder, pursuant to State Law. On motion of Council Member Settle, seconded by Vice Mayor Mulholland and on the following roll call vote: AYES: Council Members Carter and Settle and Vice Mayor Mulholland NOES: Council Member Brown and Mayor Romero ABSENT: None The foregoing resolution was passed and adopted this 20th day of February 2007. �l Resolution No. 9875 (200'f-Series) Page 3 F.160619 Audrey Hoop~ City Clerk APPROVED AS TO FORM: Jo a . Lowell City Attorney Mayor David F. Romero q... _ v. � �� ` -. .i