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.
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Resolution No. 9898 (2007 Series)
Page 2
ATTEST:
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Audrey Hooper
City Clerk
APPROVED AS TO FORM:
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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:
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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
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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
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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
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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.
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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
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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
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LS 4283 exp 6 -30 -2008
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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
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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
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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��
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�- .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-
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P�-Z-
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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
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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
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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
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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.
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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
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