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Home My WebLink About9926-9935RESOLUTION NO. 9935 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A PLANNED DEVELOPMENT REZONE, VESTING TENTATIVE TRACT MAP AND - MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR A RESIDENTIAL DEVELOPMENT AT THE WESTERLY TERMINUS OF LAWRENCE DRIVE; TR/PD/ER 77 -07 (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 September 26, 2007, for the purpose of considering application TR/PD/ER 77 -07, a request to allow Planned Development rezoning and a vesting tentative tract map for a residential subdivision; 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 October 16, 2007, for the purpose of considering Application TR/PD/ER 77 -07; 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. Planned Development Rezone Findings. Based upon all the evidence, the City Council makes the following findings: 1. The project is consistent with the General Plan and the Airport Land Use Plan, and the proposed residential land use is allowed within the primary zoning district (R -1). 2. The project complies with all applicable provisions of the Zoning Regulations other than those modified by the PD rezoning, which include: clustering of units within lots smaller than otherwise allowed, reduced street yards, and alternative fencing standards and requirements. 3. The approved modifications to the development standards of the Zoning Regulations, listed in Finding No. 2, are necessary and appropriate to accommodate the superior design of the proposed project, its compatibility with adjacent land uses, and its successful mitigation of environmental impacts. 4. The project complies with all applicable City Design Guidelines and establishes additional parameters to ensure development is in harmony with nature and the adjacent neighborhood 5. All necessary public facilities, services, and utilities are available and adequate to serve the proposed project. 6. The location, size, site planning, building design features, and operating characteristics of the project are highly suited to the characteristics of the site and surrounding neighborhood, and will be R 9935 Resolution No. 9935 (2007 Series) Page 2 compatible with the character of the site, and the land uses and development intended for the surrounding neighborhood by the General Plan. 7. The site is adequate for the project in terms of size, configuration topography, and other applicable features, and has appropriate access to public streets with adequate capacity to accommodate the quantity and type of traffic expected to be generated by the use. 8. With the incorporation of conditions of approval and mitigation measures listed in the Mitigated Negative Declaration of Environmental Impact, the establishment, maintenance, or operation of the proposed project will not, in the circumstances of the particular case, be detrimental to the health, safety, or general welfare of persons residing or working in the vicinity of the proposed use, or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the City. SECTION 2. Subdivision Findings. Based upon all the evidence, the City Council makes the following findings: 1. The proposed subdivision, together with the provisions for its design and improvement, is consistent with the General Plan and Airport Land Use Plan, including compatibility with the objectives, policies, general land uses and programs specified in the General Plan. 2. The design of the subdivision provides, to the extent feasible, for future passive or natural heating or cooling opportunities in the subdivision. 3. As conditioned, the subdivider will defend, indemnify and hold harmless the City and its agents, officers and employees from any claim, action or proceeding against the City or its agents, officers or employees to attach set aside, void or annul an approval of the City Council, Planning Commission, or City Staff concerning a subdivision. 4. The proposed tentative tract map is consistent with the General Plan, including Land Use Element Policies 2.2.6, 2.2.8 and 2.2.11, and Conservation and Open Space Element Policies 7.3.1.1), 7.5.1, 7.5.4, 8.6.3 and 8.3.2.A, because the subdivision will provide residential development anticipated by the General Plan and preserve and incorporate as amenities natural site features and sensitive natural resources. 5. The site is physically suited for the proposed type of development because the project has been designed to utilize available residential density while protecting open space resources. 6. With the incorporation of the recommended conditions and mitigation measures, the design of the subdivision and improvements are not likely to cause substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the project will adequately protect in- place, relocate, or replace open space resources. 7. The design of the subdivision, or type of improvements, is not likely to cause serious public health or safety problems because the type of improvements are appropriate for the location and will be designed to meet existing building and safety codes. Resolution No. 9935 (2007 Senes) Page 3 8. The design of the subdivision, or the type of improvements, will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision because such easements will be maintained. 9. A Mitigated Negative Declaration was prepared by the Community Development Department on September 12, 2007. The Planning Commission finds and determines that the project's Mitigated Negative Declaration adequately identifies that there is no foreseeable potential for significant environmental impacts by the proposed project. SECTION 3. Action. The City Council does hereby approve the vesting tentative tract map, Planned Development rezone, and adoption of said Negative Declaration for property located at 300 Lawrence Drive (Application TR/PD/ER 77 -07; Tract 2723), with incorporation of the following project conditions and code requirements: Conditions: 1. An affordable housing agreement consistent with the draft affordable housing proposal shall be submitted for review and approval of the Community Development Director prior to recordation of the final map. The applicant shall provide an assessment of average square footage of the 10 lots in order to determine what the in lieu fee calculation will be so that the City and developer can agree on the amount due. 2. The applicant shall pay Park In -Lieu Fees prior to recordation of the Final Map, consistent with SLO Municipal Code Section 16.40.080. 3. The entry gate shall be eliminated or replaced with an entry feature that does not impede access into the site. 4. 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. 5. The proposed cul -de -sac at the termination of Lawrence Drive, including the entire area with rolled curb transitioning to a flush sidewalk and a total radius of 34 feet clear, shall be a private street maintained by a homeowners' association with public access and utility easements and maintenance agreements provided to the City as approved by the Public Works Department, Utilities Department, Fire Department and City Attorney. 6. Complete street improvements shall be constructed in accordance with the most current City regulations, City of San Luis Obispo Engineering Standards and Standard Specifications. 7. A public improvement plan, prepared by a registered civil engineer, shall be submitted to the Public Works Director for review and approval. All grades, layout, staking and cut - sheets necessary for the construction of street paving and frontage improvements shall be the responsibility of the subdivider. Resolution No. 9935 (2007 Sei� yes) Page 4 8. The developer shall submit a detailed hydrologic and hydraulic report, as required by Section 2.2 of the City's Waterways Management Plan - Drainage Design Manual (WWMP -DDM), reflecting the final subdivision design and adequately addressing all of the required report components including as well as, run -off from seeps and springs, and design of the proposed retaining walls. 9. All sewer lines serving the subdivision will be privately maintained by a homeowners' association to the point of connection at a City- approved location. Private sewer mains shall be designed and inspected in accordance with City Standards. Manholes and clean-outs will be required to the satisfaction of the City Engineer and Building Official. 10. A clean -out at the end of the sewer line serving Lot 9 shall be provided. An extension of the sewer line to the adjacent property (300 Lawrence) shall be eliminated from the Tract Map. 11. Easements for all public and private utilities shall be clearly designated on the Tract Map. 12. Common driveway and utility agreements are required for the private driveway, to the satisfaction of the Community Development and Public Works Directors, per City standards and regulations. The access road and utility extension plans shall be included as part of the subdivision improvement submittals. 13. Final grades and alignments of all public water, sewer and storm drains (including service laterals and meters) shall be subject to change to the satisfaction of the Public Works Director and Utilities Engineer. 14. The subdivider shall be responsible for necessary adjustments to existing fire hydrants, public and private utility and drainage services and any other affected facilities, to the satisfaction of the Public Works and Utilities Directors. 15. The subdivider shall install street lighting and all associated facilities (conduits, sidewalk vaults, fusing, wiring, luminaries, etc.) per City standards, including off -site street lighting along roadways leading to and from the proposed development, as determined by the City Engineer. 16. The subdivider shall place underground, all existing overhead utilities adjacent to the tract boundary along the public street frontage(s), to the satisfaction of the Public Works Director and utility companies. There shall be no increase in the number of poles that presently exist. 17. All lots shall be graded to preclude cross -lot drainage, or, appropriate easements and drainage facilities shall be provided, to the satisfaction of the Public Works Director. 18. Tree protection measures shall be implemented to the satisfaction of the City Arborist and Natural Resource Manager. The City Arborist and Natural Resource Manager shall review and approve the proposed tree protection measures prior to commencing with any demolition, grading, or construction. Any safety pruning or cutting of substantial roots shall be approved by the city and completed by a city - approved arborist. Resolution No. 9935 (2007 Series) Page 5 19. EPA Requirement: General Construction Activity Storm Water Permits are required for all storm water discharges associated with a construction activity where clearing, grading and excavation results in land disturbance of one or more acres. Storm water discharges of less than one acre, but which is part of a larger common plan of development or sale, also require a permit. Permits are required until the construction is complete. To be covered by a General Construction Activity Permit, the owner(s) of land where construction activity occurs must submit a completed "Notice of Intent" (NOI) form, with the appropriate fee, to the State Water Board. 20. A copy of the Stormwater Pollution Prevention Plan (SWPPP) required by the SWRCB shall be included as part of the building permit and/or grading permit plan submittal. The WDID Number issued by the board shall be noted on all plans that involve regulated land disturbing activities. 21. A standard fire service lateral to a double -check detector assembly and a live line up to a City standard hydrant shall be provided in -lieu of the proposed dry standpipe. These facilities shall all be labeled as "Private ". 22. Water meters for individual homes shall be at lease 1" size. The maximum number of 1" meters that can be placed on a single 2" water service lateral is four. Since there are a total of nine water meters at the end of Lawrence Drive, each 2" service lateral shall serve three 1" water meters. This requirement is subject to the Fire Sprinkler Engineer's approval and calculations verifying that this configuration can provide the required flow. 23. A blow -off assembly is required at the end of the public water main in Lawrence Drive, and shall be shown on the map. The fire hydrant on Lot 9 appears to be designed as a public fire hydrant. A public water system easement is required on Lot 9 to provide for this hydrant to be public. 24. The on -site sewer system shall be labeled as "Private" from the manhole at the end of Lawrence Drive and including the sewer across the back of lots 6 -9 and through lots 10 and 12. 25. The configuration of the water services at the end of Lawrence Drive is considered schematic for the purposes of the tract map, and will require adjustment to comply with City policies and standards. These corrections will be made after submittal of the public improvement plans. The water meter manifolds may require adjustment, as well. Service lines from the back of the water meters to each of the homes shall be shown and covered by private utility easements wherever private service lines cross one parcel for the benefit of another. 26. The use of private driveways and the cul -de -sac sidewalk for the turning of fire trucks, trash trucks, and Utilities service vehicles causes some concern. The applicant's engineer shall demonstrate that private driveways and the cul -de -sac sidewalk (including the water meter manifold areas) used for the turning of fire trucks, trash trucks, and Utilities service vehicles, will be structurally capable of supporting these loads without breaking down prematurely. The owner's association shall be responsible for repair of any damage to these facilities that may occur over time as a result of the routine activities of these vehicles. Resolution No: 9935 (2007 Series) 10 Page 6 27. The conditions of approval, architectural guidelines, and all easements shall be recorded on -title with the individual lots. 28. A rock crushing operation plan shall be provided to and approved by the Community Development Department establishing hours and duration of rock crushing operations prior to the commencement of work. 29. A 6 -foot tall decorative wall shall be constructed along the northerly property line from the north -east corner of the site to the point where the public access trail turns southward away from the neighboring properties. Landscape planting and maintenance shall be reviewed and approved by the Natural Resource Manager. Mitigation Measures Aesthetic Resources 1. Homes within the Planned Development shall be subject to architectural review to insure consistency with the Tracts Architectural Guidelines and the Community Design Guidelines Hillside Development Policies. Air Quality Resources 2. The following APCD standards for dust control shall be adhered to: a. Reduce the amount of disturbed area where possible; b. Use of water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non - potable) water should be used whenever possible; c. All dirt stockpile areas should be sprayed daily as needed; d. Permanent dust control measures identified in the approved project revegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities; e. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast germinating native grass seed and watered until vegetation is established; f. All disturbed soil areas not subject to revegetation should be stabilized using approved chemical soil binders, jute netting, or other methods approved in advance by the APCD; g. All roadways, driveways, sidewalks, etc. to be paved should be completed as soon as possible. In addition, building pads should be laid as soon as possible after grading unless seeding or soil binders are used; Resolution No. 9935 (2007 Sevres) Page 7 h. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site; i. All trucks hauling dirt, sand, soil, or other loose materials are to be covered or should maintain at least two feet of freeboard (minimum vertical distance between top of load and top of trailer) in accordance with CVC Section 23114, j. Install wheel washers where vehicles enter and exit unpaved roads onto streets, or wash off trucks and equipment leaving the site; and, k. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. 3. The applicant shall quantify all emissions associated with the construction activities including the proposed hauling activities to determine the air quality impacts and apply to APCD for necessary permits associated with the use on an on -site crusher. 4. A construction monitoring plan consistent with APCD standards shall be submitted to the Community Development Department and approved by the APCD prior to the issuance of public improvement or construction permits. Biological Resources 5. Proposed mitigation measures included in the plan, as outlined in the LFR report dated May 3, 2007, and as modified by mitigation measures adopted as part of this report and other entitlements, shall be incorporated into the final tract design and construction documents. 6. Trees and shrubs expected to be lost shall be counted and those counts utilized to develop a planting mix and density appropriate to the size of the mature plants. 7. New plantings proposed for the lower open -space lot shall be revised to utilize buckeyes as the main replacement, with toyon and oaks included to fill in some areas. Mitigation shall be in a manner approved by the City; this including size (minimum 5 gallon), ratio (minimum 2:1 for California natives), and location (lower open space lot except for the maintenance access easement area and other areas to be preserved within that lot). This mitigation shall be subject to the approval of the Natural Resources Manager. 8. Physical barriers should be installed around trees proposed to be retained to prevent inadvertent damage during the removal of the fill and subsequent construction. 9. The appropriate boundary of the upper open space lot shall be subject to modification by the City Natural Resource Manager, following an in the field inspection, in order to ensure sufficient protection of the spineflower within the upper open space lot. 10. A biological open space easement shall be placed over those portions of Lots 2 -6 which extend into the open space zone, exclusive of the deck areas. This easement shall include protections for the rare Palmer spineflower and its habitat within those lots. Resolution No. 9935 (2007 Senes) Page 8 11. The area held within a biological open space easement placed over those portions of Lots 2 -6 which extend into the open space zone, exclusive of the deck areas, shall be completely fenced in to adequately protect the sensitive resources. Location and design of the fencing shall be approved by the Natural Resource Manager and Community Development Planning Department prior to installation. 12. The area occupied by native grassland and clay mariposa lily in the northwestern portion of the property is proposed for conservation and should not be used for other mitigations such as tree planting which would be in conflict with trying to preserve these resources. 13. Development of Lot 10 shall avoid modification or impact of the existing freshwater seep. To insure that the line or trough holding the sewer line passing through the freshwater seep does not become a conduit or drain and change the drainage pattern or condition there special design consideration shall be made. This could include some special backfilling there using clay, use of one or more "collars" or similar structures on or around the sewer pipe itself; or equivalent provisions as determined adequate by the Public Works Department and Natural Resource Manager. Plans submitted for architectural review shall include adequate information to insure that the area is also protected during construction. Cultural Resources 14. If vegetation is cleared in the area surrounding the chert outcrop in the northern portion of the site, the area should be reinspected, thus allowing effective surface reconnaissance. 15. After the unconsolidated fill material is removed from the central portion of the site the area should be reinspected, thus allowing effective surface reconnaissance. 16. In the event that buried cultural material bearing deposits are exposed during any future construction, all work should cease in the immediate area (within 50 meters) until the materials can be evaluated by a qualified archaeologist and, if prehistoric, a recognized representative of the Chumash Nation. Hazardous and Hazardous Materials 17. A soil sampling plan for the concrete /rubble /fill area shall be submitted to the City of San Luis Obispo Fire Department for review and approval. The work shall then be completed prior to site grading or inception of other work, and submitted to both the Fire Department and APCD for review and approval. Additional requirements and/or permits may be applied as determined by the results of testing. Soil samples will be analyzed for Total Lead and Asbestos. 18. In the event that soil sampling identifies the presence of hazardous contaminants, the applicant shall coordinate with the City of San Luis Obispo Fire Department and Air Pollution Control District (APCD) as necessary to insure the proper removal and handling of materials consistent with local and state standards. If Naturally Occurring Asbestos (NOA) is not present, an exemption request must be filed with the APCD; If NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCM. Hydrology and Water Quality Resolution No. 9935 (2007 S es) Page 9 19. The public improvement plans submitted with the final map shall address handling of drainage between Lawrence Drive and the Meadow Street cul -de -sac in the public right of way known as the "Meadow Street alley." Proposed improvements in this area . shall consider alternatives including the possible need for an underground storm drain with inlet and outlet structures. At a minimum, the potential erosion between Lawrence and the Meadow Drive cul -de -sac must be controlled and inlet (at Lawrence and the alley) and outlet (at the Meadow Street cul -de -sac) structures provided. 20. Improvement plans shall show construction of a 24 -inch storm drain from the outlet from the on- site drainage facility out - letting to the swale in the open space above Cima Court and extending to the intersection of Woodbridge and Meadow Drive, where it discharges into the creek in Meadow Park, subject to calculations. 21. The final project design shall mitigate the projected increase in runoff in the Lawrence Drive/Meadow Street drainage toward Meadow Creek to the satisfaction of the Public Works Director and City Engineer. 22. All requirements/recommendations of the Geologic Appraisal by Cleath and Associates dated 2/16/5 and the Geotechnical Report dated 11/2/04 and updated June 19, 2007 shall be incorporated into the project design. Include mitigation measures for spring water and a collection system for subsurface water from utility trenches and future development. Any subsurface drainage system shall outlet to the existing easterly drainage swale. 23. On -site drainage facilities shall be designed for the 100 -year event and maintained by the Homeowner's Association. Public Services 24. The homeowner's association CC &R's shall restrict parking anywhere in the private driveway or on the individual lots' driveways within the area covered by access easement. Recreation 25. The specific alignment, width, and tread and substrate material of the public access trail shall be determined in the field by the City's Natural Resource Manager and Planning Division. 26. Final design and details of the trail connection to Meadow Drive, informational signage, and site furniture such as the "community viewing bench" shall be reviewed and approved by staff. Transportation/Traffic 27. All construction traffic shall be restricted to the use of Lawrence Drive and Broad Street so construction traffic won't impact the rest of the neighborhood, excepting for traffic associated with improvements to the northern portion of the site off of Meadow Extension. 28. The private cul -de -sac shall be signed for no parking to accommodate emergency vehicles. Code requirements: Resolution No. 9935 (2007 Series) Page 10 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. 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. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. 4. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc..., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the satisfaction of the Public Works Director. 5. Prior to acceptance by the City of public improvements, the developer's engineer shall submit a digital version of all public improvement plans & record drawings, compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information Sysiem (GIS) purposes, to the satisfaction of the Public Works Director. On motion of Council Member Brown, seconded by Council Member Settle, 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 16th day of October 2007. 1 Mayor David F. Romero ATTEST: Audrey Hoop �. City Cle Resolution No. 9935 (2007 Se-tes) Page 11 APPROVED AS TO FORM: 7 Lowell RESOLUTION NO. 9934 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE COUNCIL OF THE CITY OF SAN LUIS OBISPO, IN THE COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA, AND CORNEL ARTHO AND SHELBY BENTZ, OWNERS OF A DESIGNATED HISTORIC RESOURCE AT 1746 CHORRO STREET, IN SAN LUIS OBISPO. WHEREAS, the City Council of the City of San Luis Obispo is authorized by California Government Code Section 50280 et seq. (Known as "the Mills Act ") to enter into contracts with the owners of qualified historical properties to provide for appropriate use, maintenance, and rehabilitation such that these historic properties retain their historic characteristics; and WHEREAS, the City Council 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 - 638 -011, located at 1746 Chorro Street, San Luis Obispo, California 93401, also described as the Aston Home, (hereinafter referred to as the "historic property "); and WHEREAS, the City Council of the City of San Luis Obispo has designated this property as an historic resource of the City of San Luis Obispo pursuant to the policies in the City's Historic Preservation Program Guidelines; and WHEREAS, the City and owners, for their mutual benefit, now desire to enter into this agreement to limit the use of the property to prevent inappropriate alterations and to ensure that character- defining features are preserved and maintained in an exemplary manner, and repairs and/or improvements are completed as necessary to carry out the purposes of California Government Code, Chapter 1, Part 5 of Division 1 of Title 5, Article 12, Sec. 50280 et seq., and to qualify for an assessment of valuation pursuant to Article 1.9, Sec. 439 et. se g. 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. R 9934 Resolution No. 9934 (2007 Series) Page 2 SECTION 2. Mayor Authorized to Sign Agreement for City. The City Council hereby authorizes the Mayor to execute said agreement on behalf of the Council of the City of San Luis Obispo. SECTION 3. Environmental Determination. The City Council has determined that 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 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 16`h day of October 2007. Mayor David F. Romero ATTEST: Audrey per City Clerk o n. HISTORIC PROPERTY PRESERVATION AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE OWNERS OF HISTORIC PROPERTY LOCATED AT 1746 CHORRO STREET, IN THE CITY AND COUNTY OF SAN LUIS OBISPO, STATE OF CALIFORNIA. THIS AGREEMENT is made and entered into this _[[p day of T ; , , 2007, by and between the City of San Luis Obispo, a municipal corporation (hereinafter referred to as the "City "), and Cornel Artho and Shelby Bentz (hereinafter referred to as "Owners "), and collectively referred to as the "parties." Section 1. Description of Preservation Measures. The owners, their heirs or assigns hereby agree to undertake and complete, at their expense, the preservation, maintenance and improvements measures described in "Exhibit A ", attached hereto. Section 2. Effective Date and Term of Agreement. This agreement shall be effective and commence upon recordation, and shall remain in effect for an initial term of ten (10) years thereafter. Each year upon the anniversary of the agreement's effective date, such initial term will automatically be extended as provided in California Government Code Section 50280 through 50290 and in Section 3, below. Section 3. Agreement Renewal and Non - renewal. A. Each year on the anniversary of the effective date of this agreement (hereinafter referred to as "annual renewal date "), a year shall automatically be added to the initial term of this agreement unless written notice of nonrenewal is served as provided herein. B. If the Owner or the City desires in any year not to renew the agreement, the Owner or the City shall serve written notice of nonrenewal of the agreement on the other party. Unless such notice is served by the Owner to the City at least ninety (90) days prior to the annual renewal date, or served by the City to the Owner at least sixty (60) days prior to the annual renewal date, one (1) year shall automatically be added to the term of the agreement as provided herein.. C. The Owner may make a written protest of the notice. The City may, at any time prior to the annual renewal date, withdraw its notice to the Owner of nonrenewal. D. If either the City or the Owner serves notice to the other party of nonrenewal in any year, the agreement shall remain in effect for the balance of the term then remaining. Section 4. Standards and Conditions. During the term of this agreement, the historic property shall be subject to the following conditions: A. Owner agrees to preserve, maintain, and, where necessary, restore or rehabilitate the property and its character - defining features, including, the building's general architectural form, style, materials, design, scale, proportions, organization of windows, doors, and other openings; interior architectural elements that are integral to the building's historic character or significance; exterior materials, coatings, textures, details, mass, roof line, porch and other aspects of the appearance of the building's exterior, as described in Exhibit A. to the satisfaction of the Community Development Director or his designee. B. If the building's interior closely relates to the property's eligibility as a qualified historic property, the Owner agrees to allow pre - arranged tours on a limited basis, to the approval of the Community Development Director or his designee. C. All building changes shall comply with applicable City specific plans, City regulations and guidelines, and conform to the rules and regulations of the Office of Historic Preservation of the California Department of Parks and Recreation, namely the U.S. Secretary of the Interior's Standards for Rehabilitation and Standards and Guidelines for Historic Preservation Projects. Interior remodeling shall retain original, character- defining architectural features such as oak and mahogany details, pillars and arches, special tilework or architectural ornamentation, to the greatest extent possible. D. The Community Development Director shall be notified by the Owner of changes to character - defining exterior features prior to their execution, such as major landscaping projects and tree removals, exterior door or window replacement, repainting, remodeling, or other exterior alterations requiring a building permit. The Owner agrees to secure all necessary City approvals and /or permits prior to changing the building's use or commencing construction work. E. Owner agrees that property tax savings resulting from this agreement shall be used for property maintenance and improvements as described in Exhibit A. F. The following are prohibited: demolition or partial demolition of the historic building or accessory buildings; exterior alterations or additions not in keeping with the standards listed above, dilapidated, deteriorating or unrepaired structures such as fences, roofs, doors, walls, windows; outdoor storage of junk, trash, debris, appliances, or furniture visible from a public way; or any device, decoration, structure or vegetation which is unsightly due to lack of maintenance or because such feature adversely affects, or is visually incompatible with, the property's recognized historic character, significance and design, as determined by the Community Development Director. G. Owner shall allow reasonable periodic examination, by prior appointment, of the interior and exterior of the historic property by representatives of the County Assessor, the State Department of Parks and Recreation, the State Board of Equalization, and the City, as may be necessary to determine the owners' compliance with the terms and provisions of this agreement. Section 5. Furnishing of Information. The Owner hereby agrees to furnish any and all information requested by the City which may be necessary or advisable to determine compliance with the terms and provisions of this agreement. Section 6. Cancellation. A. The City, following a duly noticed public hearing by the City Council as set forth in Government Code Section 50285, may cancel this agreement if it determines that the Owner has breached any of the conditions of this agreement or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historic property; or if the City determines that the Owner has failed to preserve, maintain or rehabilitate the property in the manner specified in Section 4 of this agreement. If a contract is canceled because of failure of the Owner to preserve, maintain, and rehabilitate the historic property as specified above, the Owner shall pay a cancellation fee to the State Controller as set forth in Government Code Section 50286, which states that the fee shall be 12 1/2% of the full value of the property at the time of cancellation C C without regard to any restriction imposed with this agreement. B. If the historic property is acquired by eminent domain and the City Council determines that the acquisition frustrates the purpose of the agreement, the agreement shall be canceled and no fee imposed, as specified in Government Code Section 50288. Section 7. Enforcement of Agreement. A. In lieu of and/or in addition to any provisions to cancel the agreement as referenced herein, the City may specifically enforce, or enjoin the breach of, the terms of the agreement. In the event of a default, under the provisions to cancel the agreement by the Owner, the City shall give written notice of violation to the Owner by registered or certified mail addressed to the address stated in this agreement. If such a violation is not corrected to the reasonable satisfaction of the Community Development Director or designee within thirty (30) days thereafter; or if not corrected within such a reasonable time as may be required to cure the breach or default of said breach; or if the default cannot be cured within thirty (30) days (provided that acts to cure the breach or default may be commenced within thirty (30) days and shall thereafter be diligently pursued to completion by the Owner); then the City may, without further notice, declare a default under the terms of this agreement and may bring any action necessary to specifically enforce the obligations of the Owner growing out of the terms of this agreement, apply to any court, state or federal, for injunctive relief against any violation by the owners, or apply for such relief as may be appropriate. B. The City does not waive any claim of default by the Owner if the City does not enforce or cancel this agreement. All other remedies at law or in equity which are not otherwise provided for in this agreement or in the City's regulations governing historic properties are available to the City to pursue in the event that there is a breach or default under this agreement. No waiver by the City of any breach or default under this agreement shall be deemed to be a waiver of any other subsequent breach thereof or default herein under.. C. By mutual agreement, City and Owner may enter into mediation or binding arbitration to resolve disputes or grievances growing out of this contract. Section 8. Binding Effect of Agreement. The Owner hereby subjects the historic property located at 2030 Johnson Avenue, San Luis Obispo, California, to the covenants, reservations, and restrictions as set forth in this agreement. The City and Owner hereby declare their specific intent that the covenants, reservations, and restrictions as set forth herein shall be deemed covenants running with the land and shall pass to and be binding upon the Owner's successors and assigns in title or interest to the historic property. Every contract, deed, or other instrument hereinafter executed, covering or conveying the historic property or any portion thereof, shall conclusively'be held to have been executed, delivered, and accepted subject to the covenants, reservations, and restrictions expressed in this agreement regardless of whether such covenants, restrictions, and reservations are set forth in such contract, deed, or other instrument. Section 9. Notice. Any notice required by the terms of this agreement shall be sent to the address of the respective parties as specified below or at other addresses that may be later specified by the parties hereto. O To City: Community Development Director City of San Luis Obispo 919 Palm Street San Luis Obispo, CA 93401 To Owners: Cornel Artho Shelby Bentz 1746 Chorro Street San Luis Obispo, CA 93401 Section 10. General Provisions. O A. None of the terms, provisions, or conditions of this agreement shall be deemed to create a partnership between the parties hereto and any of their heirs, successors or assigns, nor shall such terms, provisions, or conditions cause them to be considered joint ventures or members of any joint enterprise. B. The Owner agrees to hold the City and its elected and appointed officials, officers, agents, and employees harmless from liability for damage, or from claims for damage for personal injuries, including death, and claims for property damage which may arise from the direct or indirect use or activities of the Owner, or from those of their contractor, subcontractor, agent, employee or other person acting on the Owner's behalf which relates to the use, operation, maintenance, or improvement of the historic property. The Owner hereby agrees to and shall defend the City and its elected and appointed officials, officers, agents, and employees with respect to any and all claims or actions for damages caused by, or alleged to have been cause by, reason of the Owner's activities in connection with the historic property, excepting however any such claims or actions which are the result of the sole negligence or willful misconduct of City, its officers, agents or employees. C. This hold harmless provision applies to all damages and claims for damages suffered, or alleged to have been suffered, and costs of defense incurred, by reason of the operations referred to in this agreement regardless of whither or not the City prepared, supplied, or approved the plans, specifications or other documents for the historic property. D. All of the agreements, rights, covenants, reservations, and restrictions contained in this agreement shall be binding upon and shall inure to the benefit of the parties herein, their heirs, successors, legal representatives, assigns, and all persons acquiring any part or portion of the historic property, whether by operation of law or in any manner whatsoever. E. In the event legal proceedings are brought by any party or parties to enforce or restrain a violation of any of the covenants, reservations, or restrictions contained herein, or to determine the rights and duties of any party hereunder, the prevailing party in such proceeding may recover all reasonable attorney's fees to be fixed by the court, in addition to court costs and other relief ordered by the court. F. In the event that any of the provisions of this agreement are held to be unenforceable or invalid by any court of competent jurisdiction, or by subsequent preemptive legislation, the validity and enforceability of the remaining provisions, or portions thereof, shall not be effected thereby. C G. This agreement shall be construed and governed in accordance with the laws of the State of California. Section 11. Amendments. This agreement may be amended, in whole or in part, only by a written recorded instrument executed by the parties hereto. Section 12. Recordation and Fees. No later than twenty (20) days after the parties execute and enter into this agreement, the City shall cause this agreement to be recorded in the office of the County Recorder of the County of San Luis Obispo. Participation in the program shall be at no cost to the Owner, however the City may charge reasonable and necessary fees to recover direct costs of executing, recording, and administering the historical property contracts. IN WITNESS WHEREOF, the city and owners have executed this agreement on the day and year written above. CITY OF SAN LUIS OBISPO Mayor David F. Romero Date O RS Cornel Artho Date Shelby Bentz Date STA E OF CALIFORNIA ) ss. COUNT OF SAN IS OBISPO ) On this day , 2007, fore me, the unclersigned, a Notary Public in and for said State, perso Ily appeare , known e to be the mayor of the City of San Luis Obispo, a unicipal co oration existing a organized unde a laws of the State of California. itlyess my hand and official seal. 0 0 STATE OF CALIFORNIA )ss COUNTY OF SAN LUIS OBISPO ) On October 17, 2007, before me Audrey Hooper, City Clerk, personally appeared David F. Romero, Mayor, CITY OF SAN LUIS OBISPO, personally known to m the hasir evidenco to be the person(Vwhose named) is /tee subscribed to the within instrument and acknowledged to me that he/ske4hey executed the same in his/herkheir authorized capacity(iko, and that by his/heir signatureo on the instrument the person(s), or the entity upon behalf of which the person( acted, executed the instrument. WITNESS my hand and official seal. Signature Ci Jerk (Seal) C� C EXHIBIT A MAINTENANCE AND IMPROVEMENT MEASURES FOR PROPERTY LOCATED AT 1746 CHORRO STREET, SAN LUIS OBISPO, CALIFORNIA. 1. Owner shall preserve, maintain, and repair the historic building, including its character - defining architectural features in good condition, to the satisfaction of the Community Development Director or designee, pursuant to a Mills Act Preservation Contract with the City of San Luis Obispo for property located at 1746 Chorro Street. Character - defining features shall include, but are not limited to: roof, eaves, dormers, trim, porches, walls and siding, architectural detailing, doors and windows, window screens and shutters, balustrades and railings, foundations, and surface treatments. 2. Owner agrees to make the following improvements and/or repairs during the term of this contract, but in no case later than October 17, 2017 or ten (10) years from the contract date, which ever comes first. All changes or repairs shall be consistent with the City's Historic Preservation Program Guidelines and the Secretary of the Interior's Standards for the Treatment of Historic Properties: A. Repainting of house to the approval of the Community Development Director. B. Repair or replace the asbestos shingled roof to the approval of the Community Development Director. C. Replacement of front steps, porch and railings to the approval of the Community Development Director. D. Restoration of the front door to the approval of the Community Development Director. E. Upgrade of the remaining electrical systems F. Repair of the large front double hung window to the approval of the Community Development Director. G. Repair of missing areas of siding and cover /add ventilation openings for area under the house H. Replacement of broken window lights to the approval of the Community Development Director OSIERS Date Date Date O O RESOLUTION NO. 9933 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO AMENDING THE CITY'S MASTER FEE SCHEDULE FOR THE SAN LUIS OBISPO BASEBALL STADIUM 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, in accordance with this policy the Council adopted Resolution No. 9130 on November 21, 2000 updating the City's updated master fee schedule on a comprehensive basis; and WHEREAS, the Council considered amendments to the master fee schedule at a public meeting on October 2, 2007 based on a detailed analysis of costs and funding requirements to meet adopted cost recovery goals. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that the City's master fee schedule is hereby amended for the San Luis Obispo Baseball Stadium as set forth in Exhibit A, effective January 1, 2008. Upon motion of Council Member Brown, 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 ABSENT: Mayor Romero The foregoing resolution was adopted on October 2, 2007. V_ • Mayor David F. Romero ATTEST: ad, , Audrey Hoop City Clerk AS TO FORM: Jonathan P. Lowell City Attorney 0 2008 SLO Baseball Stadium Fees II: Fee Current Revised Effective January 1, 2008 Facility Use Fee $66.50 /use $21.00/hour Lights $26.50 /use $19.00/hour Staff Member on Site $14.25 /use $14.25/hour Field Preparation Included in fee 15` field prep included in fee, subsequent preps charged at $35.00/ re Concession Stand Rental Not charged $20.00/hour, maximum of $100/day Stadium Barbecue Rental $55.00 /use $55.00 /use on RESOLUTION NO. 9932 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO ADOPTING AND RATIFYING THE MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO AND THE SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION FOR THE PERIOD OF JULY 1, 2007 — JUNE 309 2012 BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. The Memorandum of Agreement between the City of San Luis Obispo and the San Luis Obispo Police Staff Officers' Association ( SLOPSOA), attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby adopted and ratified. SECTION 2. The Finance and Information Technology Director shall adjust the Personnel Services appropriation accounts to reflect the negotiated compensation changes. SECTION 3. The City Clerk shall furnish a copy of this resolution and a copy of the executed Memorandum of Agreement approved by it to: Chris Staley, SLOPSOA President and Monica Irons, Director of Human Resources. Upon motion of Council Member Settle, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown and Settle and Vice Mayor Mulholland NOES: Council Member Carter ABSENT: Mayor Romero The foregoing resolution was adopted this 2nd day of October 2007. Mayor David F. Romero ATTEST: Audrey looper City Clefk APPROVED AS TO FORM: ronathan P. Lowell City Attorney o o MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF SAN LUIS OBISPO ". 001:10 SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION JULY 1, 2007 - JUNE 30, 2012 0 0 Article No. Title Page No. 1 Parties to Agreement ................................. ............................... 1 2 Recognition ............................................... ..........................:.... 2 3 Check Off/Dues Deduction ....................... ............................... 3 4 Employee Rights ....................................... ............................... 4 5 Management Rights .................................. ............................... 5 6 Representative Role .................................. ............................... 6 7 Renegotiations ........................................... ............................... 7 8 Salary ......................................................... ............................... 8 9 Overtime .................................................. ............................... 11 10 Payday ..................................................... ............................... 18 11 General Provisions .................................. ............................... 19 12 Health Care Insurance ............................. ............................... 20 13 Retirement ............................................... ............................... 24 14 Uniform Allowance ................................. ............................... 25 15 Holidays .................................................. ............................... 26 16 Vacation Leave ........................................ ............................... 28 17 Administrative Leave .............................. ............................... 30 18 Sick Leave ............................................... ............................... 31 19 Family Leave ........................................... ............................... 32 20 Bereavement Leave ................................. ............................... 34 21 Catastrophic Leave .................................. ............................... 35 22 Workers' Compensation Leave ............... ............................... 36 Table of Contents, Continued Article. No. Title 0 Page No. 23 Jury Duty and Military Leaves ................ ............................... 37 24 Grievance Procedure ............................... ............................... 38 25 Disciplinary Action ................................. ............................... 40 26 Impasse Procedure .................................. .... ............................ 41 27 SWAT Sergeants ....................................... .............................43 28 Reopeners ................................................ ............................... 44 29 Full Agreement ........................................ ............................... 45 30 Savings Clause ........................................ ............................... 46 31 Term of Agreement ................................... ...........................;.47 32 Authorized Agents .................................. ............................... 48 33 Signatures ................................................ ............................... 49 Appendix A — Salary Range Listing ....... ............................... 50 ARTICLE 1 PARTIES TO AGREEMENT This Agreement is made and entered into this, 2nd day of October, 2007, by and between the City of San Luis Obispo, hereinafter referred to as the City, and the San Luis Obispo Police Staff Officers' Association, hereinafter referred to as the Association. o n ARTICLE 2 RECOGNITION Pursuant to Government Code Section 3500 et seq and City Resolution No. 6620 (1989 Series), the City hereby recognizes the San Luis Obispo Police Staff Officers Association as the exclusive bargaining representative for purposes of representing regular and probationary employees occupying the position classifications of Police Sergeant, Police Lieutenant, Police Captain, Communications Supervisor, Police Records Supervisor, and Communications and Records Manager for the duration of this Agreement. 2 C C ARTICLE 3 CHECK OFF/DUES DEDUCTION 3.1 The City shall deduct dues from City employees and remit said dues to the Association on a semi - monthly basis for the duration of this Agreement, which dues shall not include assessments. 3.2 Monthly dues deduction, additions, and/or deletions shall be recorded by the City's Finance Officer and a notification of all dues transactions shall be sent semi - monthly to the Association President. 3.3 The Association shall hold the City harmless from any and all claims, and will indemnify it against any unusual costs in implementing these provisions. M ARTICLE 4 EMPLOYEE RIGHTS O Employees of the City shall have the right to form, join and participate in the activities of employee organizations of their own choosing for the purpose of representation on all matters of employer- employee relations including, but not limited to, wages, hours and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of employee organizations and shall have the right to represent themselves individually in their employment relations with the City. No employee shall be interfered with, intimidated, restrained, coerced or discriminated against because of the exercise of these rights. 4 C G ARTICLE 5 MANAGEMENT RIGHTS The rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of government operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of the job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology for performing its work. 5 O ARTICLE 6 REPRESENTATIVE ROLE Members of the Association may, by a reasonable method, select not more than three employee members and one employee observer to meet and confer with the Municipal Employee Relations Officer and other management officials (after written certification of such selection is provided by the Association) on subjects within the scope of representation during regular duty or work hours without loss of compensation or other benefits. The Association shall, whenever practicable, submit the name(s) of each employee representative to the Municipal Employee Relations Officer at least two working days in advance of such meetings.. Provided further: (1) That no employee representative shall leave his or her duty or work station or assignment without specific approval of the Police Chief or other authorized City management officials. If employee representatives cannot be released, the date of the meeting will be rescheduled in accordance with item (2) below. (2) That any such meeting is subject to scheduling by City management consistent with operating needs and work schedules. Nothing provided herein, however, shall limit or restrict City management from scheduling such meetings before or after regular duty or work hours. 0 ARTICLE 7 RENEGOTIATIONS If at the expiration of the term of this Agreement, either party wishes to make changes to this Agreement, that party shall serve upon the other its written request to negotiate, as well as its initial proposals for an amended Agreement. Such notice and proposals must be submitted to the other party between 15 April and 1 May 2012. If notice is properly and timely given, negotiations shall commence no later than 15 May. 7 C ARTICLE 8 SALARY 8.1 SALARY PROVISION FOR THE TERM OF AGREEMENT The City strives to maintain a reasonable difference in compensation between top step police staff officers' classifications and top step of the classifications supervised. The difference between top steps of these classifications is targeted at a minimum of 15 %. If during the term of this contract, the differentiation goes below the 15% target, the City agrees to re -open negotiations on this topic. The parties agree to salary increases as set forth below to be effective on the first day of the first full payroll period in the month listed below, for all employees in the Association employed by the City on the date this agreement is formally approved by the City Council: July 2007 2.0% January 2008 3.0% July 2008 2.0% January 2009 3.0% July 2009 2.0% January 2010 3.0% July 2010 3.0% January 2011 2.0% July 2011 3.0% January 2012 2.0% In addition to the above - listed salary increases, the following classifications shall receive equity salary increases effective on the first day of the first full payroll period in the month listed below: 0 Police Captains January 2008 3.5% r� January 2009 3.5% January 2010 3.0% Police Lieutenants 2.5% 2.5% 2.5% January 2008 January 2009 Communications Supervisors 2.0% 2.0% The salary ranges for the term of this agreement are listed in Appendix A. 8.2 RULES GOVERNING STEP INCREASES: The following rules shall govern step increases for employees: 1. Each salary range consists of six steps (A through F). Steps A through E equal 95% of the next highest step, computed to the nearest one dollar. Step E = 95% of Step F Step D = 95% of Step E Step C = 95% of Step D Step B = 95% of Step C Step A = 95% of Step B Each across -the board % salary increase shall raise step F of the respective range by the %. After all step F's of salary ranges have been established, each step F shall be rounded off to the nearest $1.00 and the remaining steps established in accordance with the above formula. 2. The time in step progression for employees with satisfactory performance will be as follows: 1 year at Step A 1 year at Step B 1 year at Step C 1 year at Step D 1 year at Step E 3. Employees who are eligible for advancement to step E or F must receive a "Meets Performance Standards" or better on the overall rating on their most recent 9 N Performance Appraisal prior to or coincident with their being eligible for advancement by time in grade. 4. The Police Chief shall be authorized to reevaluate employees who reach Step F in their pay range. An employee who is not performing up to standard for the sixth step shall be notified in writing that the Police Chief intends to reduce him/her one step unless his/her job performance improves significantly within a 60 day period. Unless the employee's job performance improves to an acceptable level by the end of 60 days, the pay reduction shall then become effective. The sixth step may be reinstated at any time upon recommendation of the Police Chief. If the Police Chief deems it necessary to again remove the sixth step during the same fiscal year, he /she may make the change at any time with three business days' advanced written notice. 10 0 ARTICLE 9 0 OVERTIME - SERGEANTS 9.1 DEFINMON Overtime is defined as all hours worked in excess of 160 hours worked in the employee's 28 day work period. Vacation, holidays, sick leave, IOD, and compensatory time off shall be considered hours worked when computing overtime. 9.2 ELIGIBILITY Sergeants (except the Administrative Sergeant) shall be eligible for overtime pay. 9.3 SHIFT ADJUSTMENT In the matter of shift adjustments, it is agreed that the following guidelines will be followed: In any situation necessitating a shift adjustment, volunteers will first be sought. Shift adjustments will not be for more than two hours. Shift adjustments for special units or assignments are not covered by this guideline and remain the discretion of the Unit Supervisor or Bureau Commander. Whenever volunteers cannot be located, Sergeants assigned will be chosen sequentially by seniority. Generally, no more than two Sergeants per shift should be ordered to adjust unless a specific event necessitates it. At least 14 days notice will normally be given, but in no event will less than seven days notice be given, for an ordered shift adjustment. A Sergeant authorized to shift adjust will not suffer loss of briefing pay or other normal benefit. 11 0 0 Sergeants will be given at least ten hours between shifts for ordered non - emergency shift adjustments. Shift adjustments will not be ordered to deal with court or shift continuation unless it is necessary to insure the Sergeant has adequate rest. If court or another assignment prevents a Sergeant from getting proper rest between shifts, the Sergeant and the Watch Commander may arrange a shift adjustment to meet this need. With approval, the Sergeant could opt to use adjusted court time towards normal work hours instead of overtime, or to adjust shift start time up to four hours. In cases where the Watch Commander determines an adjustment is warranted but does not have sufficient manpower, he is authorized to bring in a replacement (on O/T) for up to four hours. Shift adjustments will not be limited by day or time except as articulated above. 9.4 COMPENSATION A. Overtime hours shall, at the employee's option, be compensated in cash at time and one half the employee's regular rate of pay or in time off compensated at time and one half. However, no employee shall accumulate and have current credit for more that 80 hours of compensatory time off. 9.5 GUARANTEED NIINIMUMS FOR RETURNING TO WORK Whenever an employee is required by the department to return to work outside of the employee's normal work hours, if a minimum applies as found in this article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed. 12 i 9.6 CALL BACK Employees called back to work at hours not contiguous to their normally scheduled shift shall be guaranteed three -hour minimum payment at time and one half. Unanticipated emergency call -backs (criminal investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time. 9.7 COURT TIME A. Employees reporting for court duty shall be guaranteed three hours minimum payment at time and one -half. B. Employees required to work through the lunch break while on court duty shall be credited with time worked. C. Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. D. Employees placed on standby in anticipation of reporting for court time shall be compensated one - hour's pay for each five hours standby. Such employees shall be paid a minimum of three hours straight time when on standby. Each calendar day starts a new standby period. E. Standby is that circumstance which requires an employee assigned by the department to: 1) be ready to respond immediately to a call for service; 2) be readily available at all hours by telephone or other agreed upon communication equipment; and 3) refrain from activities which might impair his/her assigned duties upon call. The parties agree that employees on standby, as defined above, are "waiting to be engaged." 13 Employees who are required to attend roll call briefing, and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime. • 1 1 A. Effective the first full pay period following ratification employees called back for training sessions, authorized by the Police Chief or designee, shall be guaranteed two -hour minimum payment at time and one half. B. The City shall provide each employee with paid independent living hotel/motel accommodation when assigned to a POST reimbursable training course or City required training course requiring overnight stay. Daily meal reimbursement provided shall either be a flat $36 per day or the actual amount spent as evidenced by receipts subject to the following maximum amounts (unless increased by City Policy). • Breakfast - $10.00 (regardless of whether or not a continental breakfast is provided) • Lunch - $15.00 Commuter Lunch - $8.00 • Dinner - $25.00 • Mileage at the prescribed IRS mileage reimbursement rate. 9.10 RANGE QUALIFICATION A. Effective the first full pay period following ratification sworn personnel shall be guaranteed two hours at time and one half when participating in range qualification training when off duty. B. Each sworn employee who shoots for qualification shall be provided 100 rounds of practice ammunition each month upon request. 14 OVERTIME —COMMUNICATIONS SUPERVISORS 9.11 DEFINITION Overtime is defined as all hours worked in excess of 40 hours worked in a workweek. Vacation, holidays, sick leave, IOD and compensatory time off shall be considered hours worked when computing overtime. 9.12 ELIGIBILTTY Communication Supervisors shall be eligible for overtime pay. 9.13 COMPENSATION Overtime shall be compensated in cash at time and one half the employee's regular rate of pay or in time off compensated at time and one half. 9.14 GUARANTEED MINIMUMS FOR RETURNING TO WORK Whenever an employee is required by the department to work outside of the employee's normal work hours, if a minimum applies as found in this article, then the employee has the choice of taking the minimum or taking the pay for the work actually performed. 9.15 CALL BACK Employees called back to work at hours not contiguous to their normally scheduled shift shall be guaranteed a three -hour minimum payment at time and one half: Unanticipated emergency call -backs (criminal investigations, emergency evacuations, natural disasters, civil unrest, SWAT, etc.) will include a total 30 minutes for travel time. 9.16 COURT TIME A. Employees reporting for court duty shall be guaranteed three hours minimum 15 �J payment at time and one -half. B. Employees required to work through the lunch break while on court duty shall be credited with time worked. Duty free lunch periods shall not be compensable, to a maximum of thirty (30) minutes. C. Two or more court cases occurring within the minimum time period shall be subject to a single minimum payment. D. Employees placed on standby as required to fulfill court requirements shall be compensated one - hour's pay for each five hours standby. Such employees shall be paid a minimum of three hours straight time when on standby. Each calendar day starts a new standby period. E. Standby is that circumstance which requires an employee assigned by the department to: 1) be ready to respond immediately to a call for service; 2) be readily available at all hours by telephone or other agreed upon communication equipment; and 3) refrain from activities which might impair his/her assigned duties upon call. The parties agree that employees on standby, as defined above, are "waiting to be engaged." 9.17 ROLL CALL BRIEFING Employees who are required to attend roll call briefing and do, shall be paid for such attendance. Payment shall be considered overtime and paid as such if the hours fall within the definition of overtime. 9.18 TRAINING A. Effective the first full pay period following ratification employees called back for training sessions, authorized by the Police Chief or designee, shall be guaranteed two -hour minimum payment at time and one -half. 16 B. The City shall provide each employee with paid independent living hotel/motel accommodation when assigned to a POST reimbursable training course or City required training course requiring overnight stay. Daily meal reimbursement provided shall either be a flat $36 per day or the actual amount spent as evidenced by receipts subject to the following maximum amounts (unless increased by City Policy). Breakfast - $10.00 (regardless of whether or not a continental breakfast is provided) • Lunch - $15.00 • Commuter Lunch - $8.00 • Dinner - $25.00 • Mileage at the prescribed IRS mileage reimbursement rate. 17 ARTICLE 10 PAYDAY 10 Paychecks will be disbursed on a bi- weekly schedule. Payday will be every other Thursday. This disbursement schedule is predicated upon normal working conditions and is subject to adjustment for cause beyond the City's control. ARTICLE 11 GENERAL PROVISIONS 11.1 MANAGEMENT BENEFIT: Employees in this bargaining unit shall receive $25,000 term life insurance, paid by the City, for recognition of their management responsibilities. Non -sworn employees shall continue to be covered under the City's long -term disability insurance plan. 11.2 WORKING CONDITIONS: An officer's place of residence shall be within a one hour driving radius from the San Luis Obispo Police Department. 19 ARTICLE 12 HEALTH CARE INSURANCE 12.1 CONTRIBUTION City agrees to contribute the monthly amounts set forth below for Cafeteria Plan benefits for each regular, full -time employee covered by this Agreement. Less than full -time employees shall receive a prorated share of the City's contribution. Employee $470.00 Employees Plus One Family Effective in Decembe as follows: Employee Employees Plus One Family $855.00 $1,133.00 r 2007 (for the January 2008 premium), the contributions will be $489.00 $889.00 $1,178.00 Effective in December 2008 (for the January 2009 premium), in December 2009 (for the January 2010 premium), in December 2010 (for the January 2011 premium), and in December 2011 (for the January 2012 premium), the City's total Cafeteria Plan contribution shall be modified by an amount equal to one -half of the average percentage change for family coverage in the PERS health plans available in San Luis County. For example: if three plans were available and the year -to -year changes were +10 %, +15 %, and +20% respectively, the City's contribution would be increased by 7.5% (10% + 15% + 20% _ 3 = 15% X 1/2). The Cafeteria Plan amount is inclusive of mandatory dental and vision coverage. Employees shall be eligible for the City contributions set forth above based on the number of dependents they enroll in the PERS Health Benefit Program. Employees 20 o opting out of health coverage as provided for below shall receive payment at the employee -only level. 12.2 INSURANCE COVERAGE PERS Health Benefit Program • The City has elected to participate in the PERS Health Benefit Program with the "unequal contribution option" at the PERS minimum contribution rate, currently $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 the contributions for employees and retirees are equal. The City's contribution will come out of that amount the City currently contributes to employees as part of the Cafeteria Plan. The cost of the City's participation in PERS will not require the City to expend additional funds toward health insurance beyond what is already provided for above in Section 12.1. In summary, this cost and any increases will be borne by the employees. 12.3 Health Insurance Coverage Optional Participation Employees with proof of medical insurance elsewhere are not required to participate in the PERS Health Benefit Program and may receive the unused portion of the City's contribution (after dental and vision is deducted) in cash in accordance with the City's Cafeteria Plan. Those employees will also be assessed $16.00 per month to be placed in the Retiree Health Insurance Account. This account will be used to fund the Retiree Health Insurance Account. This account will be used to fund the City's contribution toward retiree premiums and the City's costs for the Public Employee's Contingency Reserve Fund and the Administrative Costs. However, there is no requirement that 21 N these funds be used exclusively for this purpose nor any guarantee that they will be sufficient to fund retiree health costs, although they will be used for negotiated CP employee benefits. 12.4 Dental and Vision Insurance/Dependent Coverage Employees will be required to participate in the City's dental and vision plans at the employee only rate. Should they elect to cover dependents in the City's dental and vision plans, they may do so, even if they do not have dependent coverage under PERS. 12.5 Life Insurance Employees in the Police Staff Officers Unit shall have life insurance coverage of Twenty Thousand Dollars ($20,000) paid by the employees through the Cafeteria Plan. 12.6 Medical Plan Review Committee The Association shall appoint one voting representative to serve on a Medical Plan Review Committee. In addition, the Association may appoint one non - voting representative to provide a wider range of viewpoint for discussion. A. Duties and Obligations of the Medical Plan Review Committee 1. - Review and suggest changes for the City's flexible benefits plan and the insurance plans offered under the MOA. 2. Submit to the City and its employee associations recommendations on proposed changes for the City's flexible benefits plan and the insurance plans offered under the MOA. 3. . Disseminate information and educate employees about the City's flexible. benefits plan and the insurance plans offered under the MOA. 22 EO 4. Participate in other related assignments requested by the City and its employee associations. B. Miscellaneous 1. The actions of the Medical Plan Review Committee shall not preclude the Association and the City from meeting and conferring. 2. No recommendation of the Medical Plan Review Committee on matters within the scope of bargaining shall take effect before completion of meet and confer requirements between the City and Association. 3. If changes to the City's flexible benefits plan are subject to meet and confer requirements, the City and the Association agree to meet and confer in good faith. 4. In performing its duties, the Medical Plan Review Committee may consult independent outside experts. The City shall pay any fees incurred for this consultation, provided that the City has approved the consultation and fees in advance. C. City agrees to continue its contribution to the Cafeteria Plan for two pay periods in the event that an employee has exhausted all paid time off due to an employee's catastrophic illness. That is, the employee shall receive the regular City health benefit contribution for the first two pay periods following the pay period in which the employee's accrued vacation and sick leave balances teach zero. 23 0 0 ARTICLE 13 RETIREMENT 13.1 The City agrees to provide the Public Employees' Retirement System's (PERS) 3% at age 50 plan to all sworn personnel and 2.7% at age 55 for all non -sworn personnel. The 3% at age 50 plan includes the following amendments: Post- Retirement Survivor Allowance, the 1959 Survivor's Benefit - Level Four, military service credit, one -year final compensation, conversion of unused sick leave credit to additional retirement credit, and Pre- Retirement Optional Settlement 2 Death Benefit. The 2.7 % at 55 plan has the following amendments: 1959 Survivor's Benefit - Level Four, one -year final compensation, military service credit, conversion of unused sick leave credit to additional retirement credit, and Pre - Retirement Optional Settlement 2 Death Benefit. 13.2 The City has discontinued paying the sworn employees' share of the PERS Contribution (9 %) and the non -sworn employees' share of the PERS Contribution (8 %). The 9% for sworn or the 8% for non -sworn is included to the base salary schedule, and reported as compensation to PERS. The employee will pay directly to PERS their contribution amount on a pre -tax basis pursuant to Section 414 (h) (2) of the Internal Revenue Code (IRC). 13.3 The employee will be responsible for any and all tax liability incurred should the IRC provision become invalid. 24 ARTICLE 14 UNIFORM ALLOWANCE 14.1 Each employee required to wear a uniform shall receive an annual uniform allowance as provided below and is expected to purchase and maintain in good repair all required uniform pieces. 14.2 The uniform allowance shall be $1,000 per year, with $500 issued to the employee with the first payroll period in June and $500 issued to the employee with the first payroll period in December. New hires will receive a prorated amount. 14.3 All represented employees shall be eligible for uniform allowance without regard to duty status interruption if in paid status, including 4850 Pay. Uniform allowance shall be reported to CalPERS as special compensation. Uniform allowance will not be pro- rated upon separation from employment. 25 C C ARTICLE 15 HOLIDAYS 15.1 The following days of each year are designated as paid holidays: January 1 - New Year's Day Third Monday in January - Martin Luther King's Birthday Third Monday in February - Presidents' Day Last Monday in May - Memorial Day July 4 - Independence Day First Monday in September - Labor Day September 9 - California Admission Day Second Monday in October - Columbus Day November 11 - Veteran's Day Fourth Thursday in November - Thanksgiving Day Friday after Thanksgiving One -half day before Christmas Day December 25 - Christmas One -half day before New Year's Day 15.2 Each employee in this unit shall earn 4 hours of holiday leave bi- weekly, in lieu of fixed holidays. Such employees shall receive payment at straight time hourly rate for a portion of their earned holiday leave (2.00 hours) each bi- weekly payroll period. 15.3 The remainder of the employee's annual holiday leave (52 hours) shall be advanced to the employee effective the first payroll period in January of each year. Such holiday leave may be taken off by the employee with the approval of the Police Chief or his/her designee. 15.4 Each calendar quarter, an employee has the option of receiving payment for one -fourth (1/4) of his/her advanced holiday leave. The combination of holiday leave taken off and payment of advanced holiday time may not exceed 52 hours. Any holiday leave remaining as of the last payroll period in December of each year will be paid to the 26 C ,�D employee at the straight time rate. If an employee terminates for any reason, having taken off hours in excess of his/her prorated share, the value of the overage will be deducted from the employee's final paycheck. 27 C ARTICLE 16 VACATION LEAVE 16.1 Each incumbent of a 40 hour week line -item position shall accrue vacation leave with pay at the rate of 96 hours per year of continuous service since the benefit date for the first five years, 120 hours per year upon completion of five years, 144 hours per year upon completion of ten years, and 160 hours upon completion of twenty years. Employees scheduled for more than 40 hours a week shall receive the equivalent number of vacation days pro -rated to the number of regularly scheduled work hours. 16.2 An incumbent is not eligible to use vacation leave until accrued. 16.3 A regular employee who leaves the City service shall receive payment for any unused vacation leave. 16.4 Vacation schedules must be reviewed by the Chief or his/her designee prior to the scheduled vacation. Vacation schedules will be based upon the needs of the City and then, insofar as possible, upon the wishes of the employee. The department may not deny an employee's vacation request if such denial will result in the loss of vacation accrual by the employee, except that, management may approve a two month extension of maximum vacation accrual. However, in no event shall more than one such extension be granted in any calendar year. 16.5 Any employee who is on approved vacation leave and becomes eligible for sick leave as defined in Section 2.36.420A of the Personnel Rules & Regulations may have such time credited as sick leave under the following conditions. A. A physician's statement certifying that illness, injury or exposure to contagious disease has occurred is presented to the supervisor upon returning to work. W. C O B. The vacation leave immediately ends and the employee reports to work following the end of sick leave usage. 16.6 Vacation leave shall be accrued as earned each payroll period, provided that not more than twice the annual rate may be carried over to a new calendar year. It shall be the responsibility of the employee to plan vacations and receive departmental approval in a timely manner. 16.7 All employees in this unit are eligible once annually in December, to request payment for up to 40 hours of unused vacation leave provided that an employee's overall performance and attendance practices are satisfactory. 29 ARTICLE 17 ADMINISTRATIVE LEAVE 17.1 The Administrative Sergeant, Lieutenants, Captains, Police Records Supervisor and Communications and Records Manager are exempt from paid overtime except as specifically authorized by the Police Chief due to extraordinary circumstances. In general, management employees are expected to work the hours necessary to successfully carry out their duties and frequently must return to work or attend meetings and events outside their normal working hours. 17.2 In recognition of these requirements and the 24 -hour staffing requirements of Police Departments, all members of this unit who are designated as exempt in Section 17.1 above shall be afforded flexibility in managing their work load and time and are eligible to take a maximum of 64 hours per calendar year of Administrative Leave. Such leave may be taken at any time during the year. However, in cases where an individual is not actively employed in an exempt position with the city during the full year such leave shall be prorated or if the yearly amount earned is changed during the year the amounts shall be prorated. For purposes of computing monthly amounts the rate of 5.33 hours per month may be used. 17.3 Exempt employees understand that the nature of their jobs require that they will work additional hours outside of their regularly scheduled shifts for such activities as, occasional meetings, paybacks, briefings, shift preparation, etc. Subject to the approval of the Bureau Commander, exempt employees may shift adjust for such things as court, administrative assignments, filling shift vacancies, lengthy or frequent meetings, training, etc. 30 U ARTICLE 18 SICK LEAVE 18.1 Accumulation of sick leave days shall be unlimited. 18.2 Upon termination of employment by death or retirement, a percentage of the dollar value of the employee's accumulated sick leave will be paid to the employee, or the designated beneficiary or beneficiaries according to the following schedule: A. Death - 25% B. Retirement and actual commencement of PERS benefits: After twenty years of continuous employment - 20% 2. After twenty -five years of continuous employment — 25% 3. After thirty years of continuous employment — 30% 31 C D ARTICLE 19 FAMILY LEAVE 19.1 An employee may take up to 16 hours of sick leave per year if required to be away from the job to personally care for a member of his/her immediate family. 19.2 An employee may take up to 40 hours of sick leave per year if the family member is part of the employee's household. 19.3 An employee may take up to 56 hours of sick leave per year if the family member is part of the employee's household and is hospitalized. The employee shall submit written verification of such hospitalization. 19.4 For purposes of this article, immediate family is defined as spouse /registered domestic partner, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step - sister, grandparent, grandchild, or any other relative living in the same household. 19.5 The amounts shown in 19.1, 19.2 and 19.3 above are annual maximums, not maximums per qualifying family member. 19.6 If the family member is a child, parent or spouse /registered domestic partner, an employee may use up to 48 hours annually to attend to the illness of the child, parent or spouse, instead of the annual maximums in paragraphs 19.1 and 19.2, in accordance with Labor Code Section 233. 19.7 In conjunction with existing leave benefits, unit employees with one year of City service who have worked at least 1280 hours in the last year, may be eligible for up to 12 weeks of Family/Medical Leave within any 12 month period. Family/Medical Leave can be used for: 32 C � i A. A new child through birth, adoption or foster care (maternal or paternal leave). B. A seriously ill child, spouse or parent who requires hospitalization or continuing treatment by a physician. C. Placement of an employee's child for adoption or foster care. D. A serious health condition which makes the employee unable to perform the functions of his or her position. 19.8 This leave shall be in addition to leave available to employees under the existing four month Pregnancy - Disability Leave provided by California law. Paid leave, if used for family leave purposes or personnel illness will be subtracted from the 12 weeks allowed by the Family/Medical Leave Program. Employees must use all available vacation, compensatory time off and administrative leave and, if appropriate, sick leave prior to receiving unpaid Family/Medical Leave. 19.9 Employees on Family/Medical Leave will continue to receive the City's contribution toward the cost of health insurance premiums. However, employees who receive cash back under the City's Flexible Benefit Plan will not receive that cash during the Family/Medical Leave. Only City group health insurance premiums will be paid by the City. 19.10 If an employee does not return to work following leave, the City may collect from the employee the amount paid for health insurance by the City during the leave. There are two exceptions to this rule. A. The continuation of a serious health condition of the employee or a covered family member prevents the return. B. Circumstances beyond the employee's control. Further details on Family/Medical Leaves, are available through the City's "Guide to Family/Medical Leave Program ". 33 C � ARTICLE 20 BEREAVEMENT LEAVE At each employee's option, sick leave may be used to be absent from duty due to the death of a member of the employee's immediate family, meaning spouse, child, brother, sister, parent, parent -in -law, step - parent, step- brother, step - sister, grandparent, grandchild, or any other relative living in the same household, provided such leave as defined in this Article shall not exceed 40 hours for each incident. The employee may be required to submit proof of relative's death before being granted sick leave pay. False information concerning the death or relationship shall be cause for discharge. 34 ARTICLE 21 CATASTROPHIC LEAVE V Employees may participate in the Catastrophic Leave program in accordance with the City- wide Catastrophic Leave Policy. 35 0 ARTICLE 22 WORKERS' COMPENSATION LEAVE Any employee who is absent from duty because of on- the -job injury in accordance with State Workers' Compensation law and is not eligible for disability payments under Labor Code e Section 4850 shall be paid the difference between his/her base salary and the amount provided by Workers' Compensation law during the first 90 business days of such disability absence. 36 N ARTICLE 23 JURY DUTY AND MH ITARY LEAVES 23.1 JURY DUTY Any regular or probationary City employee, when duly called to serve on any jury, and when not excluded there from, or when subpoenaed to appear as a witness at any trial, shall be compensated for the time required to be spent under the jurisdiction of the court by an amount equal to the difference between the pay he /she received as a juror and his/her regular daily rate received from the City. The difference between the time required to be spent on jury duty and the normal workday of the employee shall be spent performing the employee's regular job assignments unless the department head, upon approval of the Director of Human Resources, determines this not to be practical. 23.2 MILITARY LEAVE Any line -item employee shall receive normal salary and fringe benefits during the first thirty days of any period of temporary military leave. Such compensation shall not exceed thirty calendar days in any one fiscal year. Any temporary military leave in excess of thirty days in one fiscal year shall be taken as vacation leave or leave of absence without pay. 37 l — O ARTICLE 24 GRIEVANCE PROCEDURE 21.1 A grievance is defined as an alleged violation, misinterpretation or misapplication of the personnel rules and regulations or of any Memorandum of Agreement, excluding disciplinary matters, or any existing written policy or procedure relating to wages, hours or other terms and conditions of employment excluding disciplinary matters. 21.2 Each grievance shall be handled in the following manner: A. The employee who is dissatisfied with the response of the immediate supervisor" shall discuss the grievance with the supervisors immediate superior. The employee shall have the right to choose a representative to accompany him/her at each step of the process. If the matter can be resolved at that level to the satisfaction of the employee, the grievance shall be considered terminated. B. If still dissatisfied, the employee may immediately submit the grievance in writing to the Police Chief for consideration, stating the facts on which it was based, including the provision of the rules, regulations, or agreement said to be violated, and the proposed remedy. This action must take place within 15 business days of the occurrence of the grievance. The Police Chief shall promptly consider the grievance and render a decision in writing within 15 business days of receiving the written grievance. If the employee accepts the Police Chiefs decision, the grievance shall be considered terminated. C. If the employee is dissatisfied with the Police Chiefs decision, the employee may immediately submit the grievance in writing to the Human Resources Director within five business days of receiving the Police Chiefs decision. The 38 Human Resources Director shall confer with the employee and the Police Chief and any other interested parties, and shall conduct such other investigations as may be advisable. D. The results or findings of such conferences and investigations shall be submitted to the City Administrative Officer in writing within fifteen (15) business days of receiving the employee's written request. The City Administrative Officer will meet with the employee if the employee so desires before rendering a decision with respect to the complaint. The City Administrative Officer's decision shall be in writing and given to the employee within 15 business days of receiving the Human Resources Directors results and findings. Such decision shall be final unless the employee desires the Personnel Board to review the decision. If such is the case, the employee will have five business days following receipt of the City Administrative Officer's decision to submit a written request to the Personnel Board through the Human Resources Director for a review of the decision. The Personnel Board within 30 business days shall review the record and either (1) issue an advisory opinion to the City Administrative Officer; or (2) conduct a hearing on the matter. If a hearing is held, an advisory opinion shall be rendered by the Board within 10 business days of the close of such hearing. If an opinion signed by at least three (3) members of the Personnel Board recommends overruling or modifying the City Administrative Officer's decision, the City Administrative Officer shall comply or appeal this recommendation to the City Council. Such appeal shall be filed with the City Clerk within three business days of the Board's action. If appealed, the City Council shall review the case on the record and render a final decision within 15 business days of submittal. 39 N ARTICLE 25 DISCIPLINARY ACTION 0 Except in regards to disciplinary suspensions of less than one work week, the standards for the discipline of exempt employees shall generally be consistent with the standards for discipline of non - exempt employees. Thus, such exempt employees may be subject to termination, demotion or reduction in compensation for any of the reasons set forth in Section 2.36.320 of the Personnel Rules and Regulations. In conformity with the Fair Labor Standards Act, a disciplinary suspension of less than one week may be imposed only for a violation of city safety rules of major significance. Minor violations of rules and regulations may result in lesser disciplinary actions, such as oral or written reprimands, counseling, or special training, etc. .e N ARTICLE 26 IMPASSE PROCEDURE 26.1 MEDIATION O A. Mediation may be requested only after the possibility of settlement by direct discussion (meet and confer) has been exhausted. Mediation may be requested by scheduling a meeting with the Employee Relations Officer (CAO). 1. The Employee Relations Officer shall convene a meeting between the chief negotiator for the Association, one other representative of the Association, the Employee Relations Officer and one other representative of the City: a. To review .the position of the parties in a final effort to reach agreement or reduce the points of disagreement; and b. If agreement is not reached, to make arrangements for mediation. B. Following the meeting with the Employee Relations Officer, only the disputed issues shall be submitted to mediation. The mediator shall be selected from the State Mediation and Conciliation Service by mutual consent. All mediation proceedings shall be private and confidential and the mediator shall make no public recommendation nor take any public position at any time concerning the issue. Any fees or expenses of mediation shall be shared equally by the City and the Association. C. Mediation shall be terminated if agreement has not been reached in 30 days unless extended by mutual agreement. 26.2 FACT -FINDING A. If mediation fails to resolve all issues, the unresolved issues shall be referred to 41 "fact- finding." The fact - finder shall be selected by mutual consent. B. The City and the Association shall submit its position on each unresolved issue and its last offer of settlement to the fact - finder. After due consideration, the fact -finder shall recommend on each issue using factors traditionally taken into consideration in determination of wages, hours and other terms and conditions of employment in the public sector. C. Within 10 days of commencing fact- finding, recommendations of the fact- finder shall be reported in writing at a meeting of representatives of the City and the Association. Each party shall accept, reject or propose alternatives to the fact - finders recommendations. Any recommendations or alternatives not accepted by both parties within 15 days of receiving the fact - finder's recommendations will be presented to the City Council. D. After a hearing where the chief negotiator for the Association, one other representative of the Association, the Employee Relations Officer and one other representative of the City have presented their position on the fact - finder's recommendations, the City Council may accept or reject any recommendation. All proceedings and recommendations of fact - finding shall be private and confidential. Any fees or expenses shall be equally shared by the City and the Association. 42 C ARTICLE 27 10 SWAT SERGEANTS AND LIEUTENANTS SWAT team members are required to maintain a higher standard of physical fitness than the normal employee. The City will reimburse each SWAT team member who voluntarily joins a physical fitness gym for the cost of the membership and monthly charges up to a maximum yearly rate of $375.00 per member. At the City's request each member requesting reimbursement may be required to provide proof of membership and active participation. 43 ARTICLE 28 114" 9 MMI.D S The City and the Associations agree to meet and confer to discuss post- retirement health contributions if changes to this benefit are agreed to with the Police Officers' Association during the term of the contract. MAE ARTICLE 29 FULL AGREEMENT It is understood this Agreement represents a complete and final understanding on all negotiable issues between the City and the Association. This Agreement supersedes all previous Memoranda of Understanding or Memoranda of Agreement between the City and the Association except as specifically referred to in this Agreement. In the event any new practice or subject matter arises during the term of this Agreement and an action is proposed by the City, the Association will be afforded notice and shall have the right to meet and confer upon request. 45 I ARTICLE 30 SAVINGS CLAUSE If any provisions of this Agreement should be held invalid by operation of law or by any court of competent jurisdiction, or if compliance with or enforcement of any provision should be restrained by any tribunal, the remainder of this Agreement shall not be affected thereby, and the parties shall enter into a meet and confer session for the sole purpose of arriving at a mutually satisfactory replacement for such provision within a 30 day work period. If no agreement has been reached, the parties agree to invoke the provision of impasse under Section 13 of City Resolution No. 6620. ARTICLE 31 TERM OF AGREEMENT This Agreement shall become effective as of July 1, 2007, except that those provisions which have specific implementation dates, shall be implemented on those dates and shall remain in full force and effect until midnight June 30, 2012. 47 C FOJ ARTICLE 32 AUTHORIZED AGENTS For the purpose of administering the terms and provisions of the Agreement: A. The Association's principal authorized agent shall be the President (address: 1042 Walnut Street, San Luis Obispo, California 93401; telephone: (805) 781- 7313). B. Management's principal authorized agent shall be the Human Resources Director or his/her duly authorized representative (address: 990 Palm Street, San Luis Obispo, California 93401; telephone: (805) 781 - 7252). HI o 0 ARTICLE 33 SIGNATURES 1. Classifications covered by this agreement and included within this unit are Police Sergeant, Police Lieutenant, Police Captain, Communications Supervisor, Police Records Supervisor, and Communications and Records Manager. 2. This Agreement does not apply to Temporary Employees or Part -time Employees. This Agreement was executed on October 2, 2007, by the following parties: CITY OF SAN LUIS OBISPO Monica Irons, Human Resources Director Karen Jenny, Risk Manager SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION Chris Staley, President, SLOPSOA Tom DePriest, Board Member Kris Dutra, Board Member Keith Storton, Board Member APPENDIX A Salary mange listing - %my zuui i nrougn uune zuiz July 2007 Job Salary Code Range Title 8010 800 Police Sergeant 8030 805 Police Lieutenant 8040 810 Police Captain 8050 855 Communications Supervisor 8045 850 Records Supervisor 8055 800 Communications & Records Mgr January 2008 2% all employees Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 6,247 6,576 6,922 7,286 7,669 8,073 2,883 3,035 3,195 3,363 3,540 3,726 7,122 7,497 7,892 8,307 8,744 9,205 3,287 3,460 3,642 3,834 4,036 4,248 8,143 8,572 9,023 9,498 9,998 10,524 3,758 3,956 4,164 4,384 4,614 4,857 4,438 4,671 4,917 5,176 5,448 5,735 2,048 2,156 2,269 2,389 2,515 2,647 4,352 4,581 4,822 5,076 5,343 5,624 2,009 2,114 2,226 2,343 2,466 2,596 6,247 6,576 6,922 7,286 7,669 8,073 2,883 3,035 3,195 3,363 3,540 3,726 3% all employees Equity adjustments: 3.5% Captains 2.5% Lieutenants 2% Communications Supervisor 50 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi Weekly Bi- Weekly 8010 800 Police Sergeant 6,434 6,773 7,129 7,504 7,899 8,315 2,970 3,126 3,290 3,464 3,646 3,838 8030 805 Police Lieutenant 7,514 7,909 8,325 8,763 9,225 9,710 3,468 3,650 3,842 4,045 4,258 4,482 8040 810 Police Captain 8,672 9,129 9,609 10,115 10,647 11,208 4,003 4,213 4,435 4,668 4,914 5,173 50 APPENDIX A Salary Range Listing - July 2007 Through June 2012 January 2008 (Continued) 8050 855 Communications Supervisor 4,660 4,905 5,163 8045 850 Records Supervisor 8055 800 Communications & Records Mgr 2,151 2,264 2,383 4,483 4,719 4,967 2,069 2,178 2,293 6,434 6,773 7,129 2,970 3,126 3,290 5,435 5,721 6,022 2,508 2,640 2,779 5,229 5,504 5,793 2,413 2,540 2,674 7,504 7,899 8,315 3,464 3,646 3,838 July 2008 2% all employees Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi- Weekly Bi- Weekly Bi- Weekly BI-Weekly Bi- Weekly Bi- Weekly 8010 800 Police Sergeant 6,563 6,909 7,272 7,655 8,058 8,482 3,029 3,189 3,356 3,533 3,719 3,915 8030 805 Police Lieutenant 7,664 8,068 8,492 8,939 9,410 9,905 3,537 3,724 3,920 4,126 4,343 4,572 8040 810 Police Captain 8,846 9,312 9,802 10,318 10,861 11,432 4,083 4,298 4,524 4,762 5,013 .5,276 8050 855 Communications Supervisor 4,752 5,002 5,266 5,543 5,835 6,142 2,193 2,309 2,430 2,558 2,693 2,835 8045 850 Records Supervisor 4,573 4,813 5,067 5,333 5,614 5,910 2,110 2,222 2,338 2,462 2,591 2,727 8055 800 Communications & Records Mgr 6,563 6,909 7,272 7,655 8,058 8,482 3,029 3,189 3,356 3,533 3,719 3,915 51 10 ".9 90al 03 KWE C� 5aiary Range Listing - my zuu7 i nrougn June zui z January 2009 3% all employees Equity adjustments: 3.5% Captains 2.50/6 Lieutenants 2% Communications Supervisor July 2009 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 8010 800 Police Sergeant 6,761 7,116 7,491 7,885 8,300 8,737 Bi- Weekly Bi- Weekly 8010 3,120 3,284 3,457 3,639 3,831 4,032 8030 805 Police Lieutenant 8,087 8,512 8,960 9,432 9,928 10,451 8030 805 Police Lieutenant 8,248 3,732 3,929 4,136 4,353 4,582 4,823 8040 810 Police Captain 9,420 9,916 10,438 10,987 11,566 12,174 9,609 10,115 10,647 4,348 4,577 4,818 5,071 5,338 5,619 8050 855 Communications Supervisor 4,991 5,253 5,530 5,821 6,127 6,450 2,303 2,425 2,552 2,687 2,828 2,977 8045 850 Records Supervisor 4,709 4,957 5,218 5,492 5,781 6,086 2,173 2,288 2,408 2,535 2,668 2,809 8055 800 Communications & Records Mgr 6,761 7,116 7,491 7,885 8,300 8,737 3,120 3,284 3,457 3,639 3,831 4,032 July 2009 2% all employees Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 8010 800 Police Sergeant 6,895 7,258 7,640 8,042 8,465 8,911 3,182 3,350 3,526 3,712 3,907 4,113 8030 805 Police Lieutenant 8,248 8,682 9,139 9,620 10,126 10,659 3,807 4,007 4,218 4,440 4,673 4,919 8040 810 Police Captain 9,609 10,115 10,647 11,207 11,797 12,418 4,435 4,668 4,914 5,173 5,445 51731 52 O APPENDIX A Salary Range Listing - July 2007 Through June 2012 July 2009 (Continued) 8050 855 Communications Supervisor 5,091 5,359 5,641 8045 850 Records Supervisor 8055 800 Communications & Records Mgr 2,350 2,473 2,603 4,804 5,056 5,322 2,217 2,334 2,457 6,895 7,258 7,640 3,182 3,350 3,526 5,938 6,250 6,579 2,740 2,885 3,037 5,603 5,897 6,208 2,586 2,722 2,865 8,042 8,465 8,911 3,712 3,907 4,113 January 2010 3% all employees Equity adjustments: 3% Captains 2.5% Lieutenants Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 8010 800 Police Sergeant 7;102 7,476 7,870 8,284 8,720 9,179 3,278 3,451 3,632 3,823 4,025 4,236 8030 805 Police Lieutenant 8,700 9,158 9,640 10,148 10,682 11,244 4,016 4,227 4,449 4,684 4,930 5,190 8040 810 Police Captain 10,185 10,721 11,285 11,879 12,504 13,162 4,701 4,948 5,208 5,483 5,771 6,075 8050 855 Communications Supervisor 5,244 5,520 5,811 6,117 6,439 6,778 2,420 2,548 2,682 2,823 2,972 3,128 8045 850 Records Supervisor 4,947 5,208 5,482 5,770 6,074 6,394 2,283 2,404 2,530 2,663 2,803 2,951 8055 800 Communications & Records Mgr 7,102 7,476 7,870 8,284 8,720 9,179 3,278 3,451 3,632 3,823 4,025 4,236 53 APPENDIX A salary mange Listing - JUIy luu/ I nrougn June Lul.L July 2010 3% all employees January 2011 Job Salary Code Range Title 8010 800 Police Sergeant 8030 805 Police Lieutenant 8040 810 Police Captain 8050 855 Communications Supervisor 2% all employees Step 1 Step 2 Step 3 Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly BI-Weekly 8010 800 Police Sergeant 7,315 7,700 8,105 8,532 8,981 9,453 4,231 4,454 4,688 3,376 3,554 3,741 3,938 4,145 4,363 8030 805 Police Lieutenant 8,988 9,461 9,959 10,484 11,035 11,616 5,510 5,800 6,105 4,148 4,367 4,597 4,839 5,093 5,361 8040 810 Police Captain 10,490 11,043 11,624 12,236 12,880 13,557 4,842 5,097 5,365 5,647 5,944 6,257 8050 855 Communications Supervisor 5,401 5,686 5,985 6,300 6,632 6,981 2,493 2,624 2,762 2,908 3,061 3,222 8045 850 Records Supervisor 5,096 5,364 5,646 5,944 6,256 6,586 2,352 2,476 2,606 2,743 2,888 3,040 8055 800 Communications & Records Mgr 7,315 7,700 8,105 8,532 8,981 9,453 3,376 3,5.54 3,741 3,938 4,145 4,363 January 2011 Job Salary Code Range Title 8010 800 Police Sergeant 8030 805 Police Lieutenant 8040 810 Police Captain 8050 855 Communications Supervisor 2% all employees Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 7,461 7,854 8,267 8,702 9,160 9,642 3,444 3,625 3,816 4,016 4,228 4,450 9,168 9,650 10,158 10,693 11,255 11,848 4,231 4,454 4,688 4,935 5,195 5,468 10,700 11,263 11,856 12,480 13,137 13,828 4,938 5,198 5,472 5,760 6,063 6,382 5,510 5,800 6,105 6,426 6,765 7,121 2,543 2,677 2,818 2,966 3,122 3,286 54 EO Salary Range Listing - July 2007 Through June 2012 January 2011 (Continued) 8045 850 Records Supervisor 5,199 5,472 5,760 6,063 6,382 6,718 2,399 2,526 2,659 2,798 2,946 3,101 8055 800 Communications & Records Mgr 7,461 7,854 8,267 8,702 9,160 9,642 3,444 3,625 3,816 4,016 4,228 4,450 July 2011 3% all employees Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Job Salary Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Code Range Title Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 8010 800 Police Sergeant 7,684 8,089 8,515 8,963 9,434 9,931 3,547 3,733 3,930 4,137 4,354 4,584 8030 805 Police Lieutenant 9,442 9,939 10,462 11,013 11,593 12,203 4,358 4,587 4,829 5,083 5,350 5,632 8040 810 Police Captain 11,021 11,601 12,211 12,854 13,530 14,242 5,086 5,354 5,636 5,933 6,245 6,573 8050 855 Communications Supervisor 5,674 5,973 6,287 6,618 6,967 7,333 2,619 2,757 2,902 3,055 3,215 3,385 8045 850 Records Supervisor 5,355 5,637 5,933 6,246 6,574 6,920 2,471 2,602 2,738 2,883 3,034 3,194 8055 800 Communications & Records Mgr 7,684 8,089 8,515 8,963 9,434 9,931 3,547 3,733 3,930 4,137 4,354 4,584 55 Saiary range u January 2012 Job Salary Code Range Title 8010 800 Police Sergeant 8030 805 Police Lieutenant 8040 810 Police Captain O APPENDIX A `\ J l - july zuui i nrougn June zuiz 8050 855 Communications Supervisor 8045 850 Records Supervisor 8055 800 Communications & Records Mgr 2% all employees Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Monthly/ Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly Bi- Weekly 7,839 8,251 8,686 9,143 9,624 10,131 3,618 3,808 4,009 4,220 4,442 4,676 9,631 10,138 10,672 11,233 11,824 12,447 4,445 4,679 4,925 5,185 5,457 5,745 11,240 11,832 12,455 13,110 13,800 14,526 5,188 5,461 5,748 6,051 6,369 6,704 5,789 6,093 6,414 6,751 7,107 7,481 2,672 2,812 2,960 3,116 3,280 3,453 5,462 5,749 6,052 6,371 6,706 7,059 2,521 .2,654 2,793 2,940 3,095 3,258 7,839 8,251 8,686 9,143 9,624 •10,131 3,618 3,808 4,009 4,220 4,442 4,676 56 ARTICLE 33 SIGNATURES 1. Classifications covered by this agreement and included within this unit are Police Sergeant, Police Lieutenant, Police Captain, Communications Supervisor, Police Records Supervisor, and Communications and Records Manager. 2. This Agreement does not apply to Temporary Employees or Part-time Employees. This Agreement was executed on October 2, 2007, by the following parties: CITY OF SAN LUIS OBISPO 1 , )AWZ Monica Irons, Human Resources Director t =�� 49 SAN LUIS OBISPO POLICE STAFF OFFICERS' ASSOCIATION Chris Staley, President, OP OA . L Tom DePriest, Board Member Kris Dutra, Board Member Keith Storton.' Board Member no u RESOLUTION NO. 9931 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING TENTATIVE TRACT MAP NO. 2897 TO CREATE 82 RESIDENTIAL AND 27 COMMERCIAL AIRSPACE CONDOMINIUMS WITHIN THE APPROVED "VILLAGE AT MAYMONT PROJECT" LOCATED AT 2238 BROAD STREET (CITY FILE NO. TR 62 -05) WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on August 8, 2007, and recommended approval of Application TR 62 -05, a request to create 82 residential and 27 commercial airspace condominiums; 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 September 18, 2007, for the purpose of considering Application TR 62 -05; and WHEREAS, the Council previously approved on July 18, 2006, a Mitigated Negative Declaration of environmental impact for the project; and WHEREAS, the Council has duly considered all evidence, including the recommendation of the Planning Commission, testimony of interested parties, and the evaluation and recommendations by staff, presented at said hearing.. BE IT RESOLVED, by the City Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: 1. The design of the tentative tract map is consistent with the General Plan because the project will incrementally add to the City's housing inventory, provides privacy for occupants and neighbors of the project, provides separate paths for vehicles and pedestrians and is consistent with the scale and character of surrounding developments. 2. The site is physically suited for the proposed type of development allowed because it is adjacent to existing street right -of -ways with complete City services. 3. The design of the subdivision will not conflict with easements for access through (or use of property within) the proposed subdivision since all adjacent properties are accessed independently. 4. The design of the tentative tract map and proposed improvements are not likely to cause serious health problems, substantial environmental damage or substantially and unavoidably injure fish or wildlife or their habitat because the site does not have any creeks or other potentially significant habitat areas for fish and wildlife, is surrounded by urban R 9931 � n Resolution No. 9931 (2007 Series) Page 2 development. 5. On July 18, 2006, the City Council upheld the Architectural Review Commission's action to approve the mixed -use project at the subject site including a Mitigated Negative Declaration (ER 62 -05). The City Council finds and determines that the environmental document previously approved by them adequately addresses the potential significant environmental impacts of the proposed project. SECTION 2. Environmental Review. The City Council does hereby reaffirm its adoption on July 18, 2006 of a Negative Declaration with Mitigation Measures with incorporation of the mitigation measures included in Exhibit A: SECTION 3. Action. The City Council does hereby approve Application TR 62 -05 with incorporation of the following conditions and code requirements into the project: Conditions:. 1. All project conditions associated with the architectural approval of the project as approved by Council on July 18, 2006, via Resolution No. 9819 (2006 Series), as well as those Use Permit U 62 -05 conditions approved by the Planning Commission on May 24, 2006 via Resolution No. 5454 -06 (2006 Series) shall be incorporated herein as conditions of approval. 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. A private open space area of at least 100 square feet shall be provided for Unit A in Building Maymont Place 2 (MP -2). 4. All residential units within the project shall include at least 200 cubic feet of enclosed, lockable private storage space, exclusive of cabinets and closets within the unit. 5. Final details of private and common open space areas and outdoor common recreation areas including the spa, barbecue, and tot lot shall be submitted to the Community Development Director for review and approval prior to the issuance. of building permits for the development and these details reflected in final working drawings for the project. 6. Subdivider 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 Resolution No. 9931 (2007 Series) Page 3 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. k. All garages must be available for parking a vehicle at all times, to be enforced by the homeowners association and the City. 7. The water, wastewater, and solid waste facilities shown on the plans are considered to be schematic in nature. The final size, position, and/or alignment of these facilities may require adjustment once additional detail is provided through the processing of improvement plans. 8. Broad, Santa Barbara, South Street Intersection and Broad Street Widening. Prior to final map recordation and subject to the approval of the Public Works Director and Caltrans, the applicant/developer shall dedicate the necessary right -of way, design, and construct the improvements to accommodate the following cross - section of Broad Street (at South Street) from the southwestern curb line: one 5 -foot bike lane, two 11 -foot travel lanes, one 3 -foot raised median with irrigation and landscaping, four 11 -foot travel lanes, one 4 -foot bike lane, and one 12 -foot turn lane. Necessary street improvements shall be included as part of improvement plans associated with this development. A subdivision agreement may be executed to allow for recordation of the final map prior to completion of these improvements. Traffic impact fees credits may be requested for a portion of the improvements made to the Broad Street frontage in front of Fire Station #1. The subdivider shall exhaust all avenues available to acquire the public right -of -way dedication. In the event the subdivider is unable to acquire the property, the City Council will lend the subdivider its powers of condemnation to acquire the off -site right -of -way, including any necessary slope and drainage easements. If condemnation is required, the subdivider shall pay all costs associated with the off -site Resolution No. 9931 (2007 Series) Page 4 right -of -way acquisition including staff time, consultant fees, attorney fees and court costs. 9. The lot line adjustment bgtween parcels 1 and 3 of parcel map SLO 04 -0160 shall be recorded prior to or concurrent with recordation of the final map. 10. The final map shall be in general compliance with parcel map SLO 04 -0160 as recorded in Book 68 of Parcel Maps at Pages 69 and 70. 11. Any discrepancies with parcel map SLO 04 -0160 shall be corrected prior to or concurrent with the recordation of this map. Editorial changes to map sheet 1 of 2 leading to map approval were not included on the revised sheet 1 when ownership and beneficiary changes were discovered after map delivery to the County Recorder. 12. The final map shall honor the reservation of or clarify the final disposition of easements included on parcel map SLO 04 -0160 and the South Street abandonment Resolution No. 9839 (2006 Series), recorded as Doc. No. 2006067113 on file in the Office of the County Clerk - Recorder. Access rights along Roundhouse shall be dedicated to the City except at the location of the temporary driveway access. 13. A temporary encroachment agreement shall be recorded prior to improvement plan approval or building permit issuance for any significant improvements located within the 16' slope easement to the satisfaction of the Public Works Director. 14. The final site development plan shall accommodate the potential future closure of the northerly driveway and approach from Roundhouse. Vehicle maneuverability and emergency vehicle access shall be shown to comply with city standards for a dead -end drive aisle. 15. The final site development plan shall accommodate the potential future construction of an over - crossing along the Roundhouse alignment. The final grading, drainage, and plan for utility service connections shall be designed to accommodate future public improvements to the maximum extent feasible. 16. The final map shall include an offer of dedication to the city or shall reflect the current lot lines at the proposed intersection of Emily Street and the formerly vacated South Street to the satisfaction of the Public Works Director. The private street improvements, pedestrian crossings, etc. at this private street intersection shall generally be located outside of the public right -of -way. 17. Any required off -site easements shall be recorded prior to the approval of the improvement plans and prior to or concurrent with recordation of the final map. 18. The extinguishment or quitclaim of any existing easements shall be clearly identified on the final map or shall be completed separately prior to map recordation if applicable. Resolution No. 9931 (2007 Series) Page 5 19. Off-site improvements (noted on the tentative map as "Future ") shall be completed prior to or in conjunction with the required subdivision improvements. These improvements include but are not limited to future streets, roads, private drives, utility extensions, grading and drainage improvements, storm drain system improvements, or water quality treatment B W's. 20. The proposed on -site sewer main and storm drain system will be privately owned and maintained by the Homeowner's Association. 21. The public improvement plans shall clearly label the on -site sewer main, sewer lateral connections, on -site storm drain, and domestic water service piping as being private improvements. 22.The common landscape irrigation meter, irrigation system piping and appurtenances, and landscaping served by the common irrigation system shall be owned and maintained by the Homeowner's Association. 23. The subdivider shall dedicate an easement for a public water system over all private streets or driveways, parking areas (including planters and raised medians) and common areas to the satisfaction of the Public Works Director and Utilities Engineer. 24.The subdivider shall place underground, all existing overhead utilities along the public street frontages and interior streets to the satisfaction of the Public Works Director and serving utility companies. 25.The existing 60' wide P.G. &E. easement shall be relocated, replaced, quit - claimed, or otherwise honored to the satisfaction of P.G.& E. 26.For condominiums, the subdivider shall provide individual electrical, phone, television, natural gas, and water service and related utility company meters to each unit to the approval of the affected utility companies and the Public Works Director. 27.The subdivider shall install public street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and luminaries per City standards. Off - site street lighting improvements, alterations, or upgrades may be required along roadways leading to and from the proposed development to complete the necessary public improvements. This condition is not intended to preclude the subdivider from installing decorative lighting standards along private streets within the project. 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 Resolution No. 9931 (2007 Series) Page 6 process. The project is subject to all requirements in effect at the time of building permit issuance. 1. The final map shall include any required public or private easements as required for the proposed development of the tract. Easements may include, but are not limited to, grading, drainage, water, sewer, storm drainage, street tree, public utility, access, vehicle turn - around, and utilities. Any CC &Rs, maintenance or common driveway agreements shall be completed and recorded concurrent with final map approval. 2. 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 licensed land surveyor or registered civil engineer authorized to practice land surveying. The final map shall be prepared in accordance with the Subdivision Map Act and the Subdivision Regulations. 3. All boundary monuments, lot comers and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map or parcel map. All coordinates submitted shall be based on the City coordinate system. A 3.5" diameter computer floppy disk, containing the appropriate data compatible with Autocad (Digital Interchange Format, DXF) for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer. 4. The final map, public improvement plans and specifications shall use US Customary Units (English Units) in accordance with the current City Engineering Standards and Standard Specifications. 5. Public improvement plans shall be submitted to the Public Works Department for review and approval. The plans shall be approved prior to map recordation. Public improvement plans and specifications shall comply with the City Engineering Standards and Standard Specifications in effect at the time of submittal of the improvement plans. The current standards are dated January 2007. 6. The subdivision improvements shall be completed to the satisfaction of the Community Development Director and City Engineer prior to final inspection approvals and/or recordation of the map. A completion guarantee shall be provided per city standards if the map is approved for recordation prior to completion of all required subdivision improvements. 7. 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. 8. A separate encroachment permit will be required from Cal Trans for any proposed work or construction staging located within the Cal Trans right -of -way (Broad Street, Highway 227). Resolution No. 9931 (2007 Series) Page 7 9. The existing driveway approach off of Alphonso Street serving this development shall be verified as complying with ADA and city standards for accessibility and compliance with current city standards. If not accessible, the approach shall be altered or upgraded to comply with current standards. The current city and ADA standard requires a 4' accessible sidewalk extension behind the ramp. 10. If public right -of -way does not exist beyond the back of sidewalk, a pedestrian access easement will be required to accommodate the ADA sidewalk extension. The easement shall be incorporated into the final map or shall be recorded prior to or concurrent with the final map. 11. The existing curb ramp serving this development and located at Emily and Roundhouse shall be verified as complying with current standards. If not compliant, it shall be upgraded in accordance with current ADA standards and city Engineering Standard #4440. 12. The bulb -outs along Emily Street shall be provided with a minimum inside radius of 20' and a minimum outside radius of 10'. The final bulb -out and/or street design shall strive to remove the sidewalk underdrains in favor of drainage in the gutter. 13. Access to the Fire Department driveway approaches off of Emily Street and Roundhouse shall be maintained during construction to the maximum extent feasible. Any closures or access limitations shall be approved to the satisfaction of the Fire Chief. 14. The final street design, bulb -out configurations, street parking, and Fire Department driveway approach design along Emily shall consider the required truck turning movements for the Fire Department ladder truck. Off -site access improvements to the Fire Station #1 parking lot/yard areas may be required. The final design shall be approved to the satisfaction of the Fire Chief. On motion of Council Member Brown, seconded by Council Member Carter, and on the following roll call vote: AYES: Council Members Brown, Carter and Settle, and Vice Mayor Mulholland ® NOES: None .ABSENT: Mayor Romero Resolution No. 9931 (2007 Series) Page 8 The foregoing resolution was passed and adopted this 18`h day of September 2007. Mayor David F. Romero ATTEST: Audreerik ooper City C APPROVED AS TO FORM: Jona an P. owell City A ey RESOLUTION NO. 9930 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING A VESTING TENTATIVE TRACT MAP TO CREATE TEN AIRSPACE RESIDENTIAL CONDOMINIUMS LOCATED AT 1302 & 1314 PALM STREET (TR 11 -07) 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 15, 2007, and approved Application No. CON 11 -07, a request to convert ten apartments to condominiums; 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, California, on August 221 2007, and recommended approval of Application TR 11 -07, a vesting tentative tract map to finalize an approved condominium conversion for ten apartment units; 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 September 18, 2007, for the purpose of considering Application TR 11 -07; and WHEREAS, the conversion of existing residential apartments to ownership condominiums is exempt from environmental review (CEQA Guidelines, Section 15301 (k), Existing Facilities) and the project as proposed will not have an adverse impact on historical resources; 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: The proposed condominium conversion is consistent with the General Plan because the conversion of apartments to condominiums will not impact available affordable housing since the project will provide one deed restricted affordable unit consistent with the City's Inclusionary Housing Ordinance and Condominium Conversion Regulations, and the size and configuration of the units are considered affordable by design. 2. The vesting tentative tract map is in substantial compliance with the Property Improvement Standards for Condominium Conversions, building and housing codes, and Zoning Regulations. 3. In accordance with the Condominium Conversion Regulations, the applicant has appropriately delivered a notice of intent to convert to each tenant pursuant to Section 66452.9 of the Subdivision Map Act. R 9930 Resolution No. 9930 (2007 Series) Page 2 4. Each of the tenants will be given written notification within 10 days of approval of final map for the conversion. 5. Each of the tenants of the proposed conversion has been (or will be) given notice of an exclusive right to contract for the purchase of his or her unit upon the same terms and conditions that such unit will be initially offered to the general public or terms more favorable to the tenant. 6. In accordance with the CEQA Guidelines Section 15301 (k), the conversion of multiple family residences into condominiums is categorically exempt from environmental review and the project as proposed will not have an adverse impact on historical resources. SECTION 2. Action. The City Council does hereby approve Application TR 11 -07 with incorporation of the following conditions and code requirements into the project: Conditions: 1. Provisions for electric vehicles shall be included as part of five of the units and shall be sized appropriately for their designated garage spaces. Specific units to be designated with the electric vehicles shall be included in the project CC &R's and determined prior to recordation of the final map. 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. A barbeque facility and fixed seating shall be provided within the common recreation areas of the project site, subject to the approval of the Community Development Director. The improvements shall be installed prior to recordation of the final map. 4. The existing frontage improvements along Palm Street and Johnson Avenue shall be upgraded, altered, or replaced to the satisfaction of the City Engineer prior to map recordation. The required improvements may be shown on an approved public improvement plan and bonded for if the work is not completed prior to recordation. 5. The displaced curb along Palm Street shall be replaced with City standard curb and gutter. If the sidewalk is in an acceptable condition, the new curb and gutter may be doweled into the existing sidewalk. The displaced section of walk near the granite wall shall be repaired or replaced as necessary. 6. The existing curb ramp located at the comer of Johnson Avenue and Palm Streets shall be replaced to comply with current City, Cal Trans, and ADA standards. The scope of work may require the removal or alteration of the spandrel and/or street paving to create a level landing in accordance with Resolution No. 9930 (2007 Series) Page 3 the most current public right -of -way Accessibility Guidelines. An engineered plan shall be provided for the curb ramp upgrade. 7. Curb, gutter, and sidewalk along Johnson Avenue shall be repaired or replaced where not otherwise completed as a part of the Righetti House remodel, carriage house construction and the related building permit approvals and encroachment permits. 8. The existing offset survey monumentation shall be re- established as necessary if disturbed by the curb ramp upgrade or other sidewalk/driveway improvement work. 9. The subdivider shall dedicate a 6' wide public utility easement and a 10' wide street tree easement across the property frontage. Said easements shall be adjacent to and contiguous with all public right -of -way lines bordering the lot. The street tree easement is not required where the required street trees will be planted in tree wells in the public sidewalk. 10. One 15- gallon street tree may be required for each 35 lineal feet of frontage. The City Arborist shall approve the tree species, planting requirements, and final number and spacing of the proposed trees based on the existing site development and existing tree plantings. 11. Unless otherwise approved by the City Engineer and City Arborist, all new required street trees shall be planted in tree wells in the public sidewalk in accordance with City Engineering Standards #8010, #8130, and #8220. 12. Subdivider 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; and to ensure maintenance and preservation of the historical resource consistent with the approved Mills Act agreement binding upon the property and its owners. b. Grant to the City the right to maintain common areas and any other portion of the property integral to the preservation of the historic resource if the homeowners' association fails to perform, and to assess the homeowners' association for expenses incurred, and further grant the right of the City to inspect the site at mutually agreed times to assure conditions of CC &Rs, final map and Mills Act agreement 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. „ Resolution No. 9930 (2007 Series) Page 4 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. k. All garages must be available for the parking of vehicle at all times, to be enforced by the homeowners association and the City. 1. The five units required to receive electric vehicles shall be specifically identified. 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. The applicant shall give any present tenant a nontransferable right of first refusal to purchase the unit occupied. 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. 2. A minimum of one unit shall be deed restricted as affordable to low or moderate income persons for a minimum of 45 years, consistent with the City's Inclusionary Housing Ordinance and Condominium Conversion Regulations. The affordable housing agreement shall be recorded prior to recordation of the final map. 3. Each of the tenants shall be given written notification within 10 days of approval of final map for the conversion. 4. The subdivider shall install street lighting and all associated facilities including but not limited to conduits, sidewalk vaults, fusing, wiring, and lumenaires per City standards along the Johnson Avenue frontage. Off -site street lighting improvements may be required to complete the necessary installation. The installation of a street light on an existing wood utility pole may satisfy this code requirement if approved by P. G. & E. and the City Engineer. 5. For condominiums, the subdivider shall provide individual electrical, phone, television, natural gas, and water service and related utility company meters to each unit to the approval of the affected utility companies and the Public Works Director. 6. An encroachment permit will be required from the Public Works Department for any work or construction staging in the public right -of -way or for alterations to any public sewer, water, or storm drain systems. C�� O Resolution No. 9930 (2007 Series) Page 5 7. 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. 8. Any sections of damaged or displaced curb, gutter & sidewalk or driveway approach shall be repaired or replaced to the satisfaction of the Public Works Director. 9. All boundary monuments, lot corners and centerline intersections, BC's, EC's, etc., shall be tied to the City's Horizontal Control Network. At least two control points shall be used and a tabulation of the coordinates shall be submitted with the final map. All coordinates submitted shall be based on the City coordinate system. A CD containing the appropriate data compatible with Autocad (Digital Interchange Format, .dxf for Geographic Information System (GIS) purposes, shall be submitted to the City Engineer.. 10. The final map preparation and monumentation shall be in accordance with the City's Subdivision Regulations, Engineering Standards, and the Subdivision Map Act. The final map shall use Customary U.S. Units. 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 NOES: Vice Mayor Mulholland ABSENT: Mayor Romero The foregoing resolution was passed and adopted this 18`s day of September, 2007. 11�z I've Mayor David F. komero ATTEST: Audrey Hoop 'r City Clerk APPROVED AS TO FORM: Jona an . well City Attorney O RESOLUTION NO. 9929 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING AN EXPENDITURE OF $100,000 FROM THE 2007 -08 STATE BUDGET TO CONTINUE FUNDING PUBLIC SAFETY PERSONNEL WHEREAS, the adoption of the 2007 -08 State budget, includes continuation of AB 1913 which established the Supplemental Local Law Enforcement Fund; and WHEREAS, AB 1913 appropriated $100 million to supplement local law enforcement budgets; and WHEREAS, the City of San Luis Obispo has received $100,000 from the 2007 -08 California State budget as granted under AB 1913; and WHEREAS, the funds may be applied to projects and front line municipal police services which are in existing budgets but are under- funded; and WHEREAS, a public hearing was held on September 18, 2007, to receive public input on the recommendations for the use of these funds. NOW, THEREFORE, BE IT RESOLVED that the Council of the City of San Luis Obispo approves the expenditure of $100,000 as received from the 2007 -08 California State budget to assist in funding Public Safety personnel, and authorizes the Chief of Police to execute any grant related documents. 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 and Vice Mayor Mulholland NOES: None ABSENT: Mayor Romero The foregoing resolution was adopted this 18"' day of September 2007. R 9929 Resolution No. 9929 (2007 Setres) Page 2 ATTEST: r Audrey Hoo er City Clerk APPROVED AS TO FORM: Jon han . well City Attorney vice -mom -ore, Mayor David F. Romero R 9929 o RESOLUTION NO. 9928 (2007 SERIES) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO APPROVING THE FINAL MAP FOR TRACT NO. 2707 (953 ORCUTT ROAD) WHEREAS, the City Council made certain findings concerning the vesting tentative map for Tract 2707, as prescribed in Resolution No. 9748 (2005 Series), and WHEREAS, the subdivider has submitted surety bonds to guarantee installation of the remaining required subdivision improvements as shown on the approved plans, and all fees have been received, as prescribed in the subdivision agreement, and WHEREAS, all conditions required per said Resolution No. 9748 (2005 Series) will be met prior to or concurrent with final recordation of the map. NOW THEREFORE BE IT RESOLVED AS FOLLOWS: 1. That the final map for Tract No. 2707, as shown on the attached Exhibit "A" is found to be in substantial compliance with the tentative map. 2. The subdivision agreement for Tract No. 2707 as shown on the attached Exhibit `B" is hereby approved. 3. Approval of the final map is hereby granted. Upon motion of Council Member Carter, seconded by Council Member Brown, and on the following roll call vote: AYES: Council Members Brown, Carter, and Settle NOES: Vice Mayor Mulholland ABSENT: Mayor Romero The foregoing resolution was passed and adopted this 18`h day of September 2007. Resolution No. 9928 (2007 Series) Page 2 ATTEST: Audrey Tffl oper City CI APPROVED AS TO FORM: Jona an P well City Attorney Mayor David F. 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DFWGpN= O�UUL: AFp Cri wz waxgQ ii o dral_l 0w e�E Y° m Nww rOmr�ae i¢ 3 D.mu QWNa�^�yN F— pwFa�cm4 •s d.z at - aw °jS NE zu�x V3 ZI- ¢ ° m� w 2O Oum m MD. Q aFy¢gpNpmp NU J% 02 °agNC -"NW 6N�t 6i�Ti'ru iew QQ.0 ua)8. U QO �u omwz�¢ -aom z��°d ..�wu lymm m' w99w °¢wOUwNW a°O�wwu wOnu z OO�¢dzw u 2¢�a har -UN <2_ W NN Nu a m (I)r= I ccNj ui ui ud E(p • OO 14 �� )JZoco < X Wz¢ an- 0ul Qm <80= / �W �zN Kmp u II- a� J W � Un K a m N a p \ - RD S�d n w ?tR.r u n _ zNR - w Z. ~w i�. .yf Wy Io D�j 4z�g < W�sgoa° m }q ^E FW��a F h� =oy�yyw�� uY;Fu 33 ah.bR m m- Lc J � m a W 4r •� 9b ay �, sc y W Mm .••N - h10L 3.W1rsN � ls's a �S pbi - 1Y'L 0 e .Y•'wl 1DLB 14q t N ; Q m $ Z s �1 8 ` o.r o IT 2 CI rldsdi r- � w 6 ; i fl• ' O Nw 6w ; ;3w63 ppww JC7 :5$I.i V1r =b8�Pi A O- . °:�:. -86: bF8 FB ¢�zzzzzz zzzzzzzzz y V} U d SLU iu D'O Py Qa � N Ty D aS i F w $ ay m 49Yr 2• W B m � m 71s � Z; p e r e F z4 & m m4 0 t 3 I se.e Tc.a� bP Q m $ $ $ $ If 0% SUBDIVISION AGREEMENT THIS AGREEMENT is dated this q4 day of G'c j,-1 200 by and between CITYVIEW LAUREL CREEK 178, L.P., a Delaware limited partnership, herein referred to as "Subdivider," and the CITY OF SAN LUIS OBISPO, herein referred to as the ity. RECITALS REFERENCE IS HEREBY MADE to that certain proposed subdivision of real property in the City of San Luis Obispo, County of San Luis Obispo, State of California, a description of which is shown on the Final Map of Tract 2707, City of San Luis Obispo, ctti California, as approved by the City Council on the day of �S '6otL)v , 200__t . The Subdivider desires that said Tract No. 2707 be accepted and approved as a Final Map pursuant to the Subdivision Regulations of the City of San Luis Obispo (Title 16 of the San Luis Obispo Municipal Code), and It is a condition of said regulations that the Subdivider agree to install the improvements as set forth on the plans therefore. TERMS AND CONDITIONS: In consideration of the foregoing, the Subdivider does hereby agree to construct and install the following subdivision improvements in accordance with said subdivision regulations, and in accordance with approved plans and specifications on file in the office of the City Engineer, City of San Luis Obispo, to wit: 1. CURB, GUTTERS AND SIDEWALKS 2. STREET BASE AND SURFACING 3. WATER MAINS and SEWER MAINS, including sewer laterals to the property line and water services to the curb stop. 4. LANDSCAPING 5. DRAINAGE STRUCTURES 6. STREET LIGHTS 7. ELECTRIC, GAS, TELEPHONE AND CABLE TELEVISION: In addition to the inspection and approval of such facilities by the City, each public utility shall be required to file a letter stating that the developer has properly installed all facilities to be provided by him, and that the said utility is prepared to provide service to residents upon request. 8. ANY & ALL OTHER IMPROVEMENTS shown on plans or required by City regulations. All of the above facilities shall be installed in the locations designated and to the plans and specifications on file and approved by said City Engineer. The lines and grades for all of said improvements shall be established by the Subdivider in accordance with said approved plans and specifications. The Subdivider agrees that the work of installing the above improvements shall begin within thirty (30) days from the date of recording of the final map, and that the work shall be completed within twelve (12) months of said recording date, unless an extension has been granted by the City, provided that if completion of said work is delayed by acts of God or labor disputes resulting in strike action, the Subdivider shall have an additional period of time equivalent to such period of delay in which to complete such work. Any extension of time hereunder shall not operate to release the surety on the Improvement Security filed pursuant to this agreement. In this connection, the surety waives the provisions of Section 2819 of the Civil Code of the State of Califomia. No building permits will be issued nor occupancy granted after the expiration date of the agreement until completion and acceptance of all public improvements unless specifically approved by the City. The Subdivider does also agree to comply with the conditions established by the Planning Commission and /or the City Council and has paid the necessary fees as indicated on the attached Exhibits 1 and 2. The restoration of lost section comers and retracement of section lines within the Subdivision shall be in accordance with Article 5, paragraph 8771 et seq., of the Professional Land Surveyors Act, Chapter 15 of the Business and Professions Code of the State of California. The Subdivider attaches hereto, as an integral part hereof, and as security for the performance of this agreement, instruments of credit or bond approved by and in favor of the City of San Luis Obispo, and conditional upon the faithful performance of this agreement. Said instruments of credit or bond are in the amounts totaling $3,625,861.41, which is the amount of the estimated cost of said improvements that remain to be completed from the original $4,269,481.41 of required improvements. Per Sec. 66499.7(d) of the Govemment Code of the State of California, a reduction in the performance security, is not, and shall not be deemed to be, an acceptance by the City of the completed improvements, and the risk of loss or damage to the improvements and the obligation to maintain the improvements shall remain the sole responsibility of the subdivider until all required public improvements have been accepted by the local agency and all other required improvements have been fully completed in accordance with the plans and specifications for the improvements. Subdivider agrees to remedy any defects in the improvements arising from faulty workmanship or materials or defective construction of said improvements occurring within twelve (12) months after acceptance thereof. In accordance with Sections 66499.7 and 66499.9 of the Government Code of the State of California, upon final completion and acceptance of the work, City will release all but 10% of the improvement security, that amount being deemed sufficient to guarantee faithful performance by the Subdivider of his obligation to remedy any defects in the improvements arising within a period of one year following the completion and acceptance thereof. Upon notice from Subdivider that the improvements have been completed and are ready for inspection and acceptance by City, City agrees to promptly take all actions necessary to inspect and accept such improvements (subject to Subdivider's obligation to correct any defects in such improvements). Completion of the work shall be deemed to have occurred on the date which the City Council shall, by resolution duly passed and adopted, accept said improvements according to said plans and specifications, and any approved modifications thereto. Neither periodic nor progress inspections or approvals shall bind the City to accept said improvements or waive any defects in the same or any breach of this agreement. If the Subdivider fails to complete the work within the prescribed time, the Subdivider agrees that City may, of its option, declare the instrument of credit or bond which has been posted by Subdivider to guarantee faithful performance, forfeited and utilize the proceeds to complete said improvements, or city may complete said improvements and recover the full cost and expense thereof from the Subdivider or his surety. C, C The Subdivider has deposited with the City labor and materials sureties in the amounts totaling $2,134,770.71, which is 50% of the original cost of the above described subdivision improvements, in accordance with State law. Said Subdivider has paid an inspection fee of $471,931.00 for City to inspect the installation of said subdivision improvements, and to verify that they have been completed in accordance with the plans and specifications. Title 16 of the San Luis Obispo Municipal Code, entitled "Subdivision," all plans and specifications on file with said City Engineer as a part of said Subdivision Map, and all other documents filed with the City by the Subdivider and approved by the City Engineer are hereby referred to for further particulars in interpreting and defining the obligations of the Subdivider under this agreement. 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. It is understood and agreed by and between the Subdivider and the City hereto that this agreement shall bind the heirs, executors, administrators, successors and assigns of the respective Parties to this agreement. It is agreed that the Subdivider will furnish copies of the successful bidder's contract unit prices and total bid prices for all of the improvements herein referred to. (7i ,7D EXHIBIT 1 TRACT 2707 SUBDIVISION AGREEMENT The Subdivider has deposited a monumentation guarantee in the amount of $4,000 to cover the installation of survey monuments in accordance with the approved map and payment for same. Said guarantee will be released to the Subdivider upon receipt by the City of a letter from the Engineer indicating that they have completed the work and have been paid. 2. The Subdivider has deposited a security in the amount of $4,000 to .guarantee completion of the design of a pedestrian bridge connecting Tract 2707 with the Creekston project. Said security shall be released upon approval of the pedestrian bridge plans by the City and upon payment of plancheck fees to the City for review of the pedestrian bridge plans. 3. Park -in -lieu fees have been paid, as listed in the attached EXHIBIT 2. 4. Water and sewer impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 5. Transportation impact fees shall be paid at time of building permits through the Community Development Department per the fee schedule in effect at that time. 6. The subdivider shall comply with all requirements of Council Resolutions 9747 (2005 Series), 9748 (2005 Series), and 9753 (2005 Series) approving the EIR, tentative map, and zone change. 0 EXHIBIT 2 TRACT 2707 - FEE AND BOND LIST Amount Form Date Received Bonds and Guarantees: Faithful Performance Tract 2707 (See Exhibit 3) Bond 1 $1,285,740.00 Bond 9/18/07 Bond 2 $1.603.186.80 Bond 9/18/07 Bond 3 $457,213.20 Bond 9/18/07 Faithful Performance Creekston frontage M07 -009 $279,721.41 Bond 9/18/07 Labor & Materials Tract 2707 (50% of total cost of improvements) (See Exhibit 3) Bond 1 $759,450.00 Bond 9/18/07 Bond 2 $963,660.00 Bond 9/18/07 Bond 3 $271,800.00 Bond 9/18/07 Labor & Materials Creekston frontage M07 -009 $139,860.71 Bond 9/18/07 Security to guarantee completion of the design of the ped bridge connecting Tract 2707 with the Creekston project $4,000 Bond 9/18/07 Monument Guarantee $4.000 Bond 9/18/07 Fees: Map Check Fee $4,614 Check 4/25/07 Plan Check Fee Tumbling Waters frontage, Tract 2707 $63.620 Check 4/25/07 Plan Check Fee Creekston frontage, M07 -009 $5.764 Check #440 9/18/07 Improvement Plan Inspection Tumbling Waters frontage, Tract 2707 $432,373 Check 4/25/07 Improvement Plan Inspection Creekston frontage, M07 -009 $39.558 Check #440 9/18/07 Park In -Lieu Fee $703,812 Check 4409 9/18/07 Proportionate share of Broad/South intersection improvements per EIR mitigation measures TR/MM -1 and TR/MM -26 $133,000 Check #409 9/18/07 In -lieu fee for Orcutt Road improvements to Laurel Lane per EIR mitigation measures TR/MM -4 and TR/MM -6 $1,250,000 Deferred with Reimbursement Agreement 10/2/07 Council Meeting Affordable Housing Requirements NA Q d S! a o `Sll! Iu u D S l 1191HX3 0N09 o /\ ; SH31VM JNnewnr FxH�31T 3 N y N N N Z ¢ Z W 2 r J W O J = O J Z a Vi Via In V, a W F Z i Z M j Z W H Z W Z a W f x W Y xxw W f ex- °Wi CR Wi r r O O RESOLUTION NO. 9927 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO TO CHANGE THE HISTORIC NAME FOR 1204 NIPOMO STREET FROM "LOGAN HOUSE" TO "PARSONS HOUSE." WHEREAS, new historic information on the history of a designated Master List historic property, originally designated as the historic "Logan House ", was submitted that has provided new insights into the history and use of the property; and WHEREAS, said documentation conclusively shows that the property was built for and primarily occupied by the Parsons family, and that based on accepted historic property naming conventions, the property's appropriate historic name should be based on the Parson family's role in the property's development and use; and WHEREAS, at its July 23, 2007, public hearing, the Cultural Heritage Committee (CHC) recommended that the City Council change the historic name change for property located at 1204 Nipomo Street from the "Logan House" to the "Parsons House "; and WHEREAS, the City Council intends to maintain the most accurate historic records possible, based on updated the most current and accurate historic documentation available. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo as follows: SECTION 1. Historic Property Renaming. The historic name of Master List property located at 1204 Nipomo Street is hereby changed from the "Logan House" to the "Parsons House." SECTION 2. Historic Records Update. The Community Development Director shall update City records and historic documentation to reflect the changed historic name. Upon motion of Council Member Brown, seconded by Council member Carter, and on the following vote: AYES: Council Members Brown, Carter and Settle, and Vice Mayor Mulholland NOES: None ABSENT: Mayor Romero The foregoing resolution was adopted this 18'h day of September 2007. R 9927 C> Resolution No. 9927 (2007 Series) Page 2 rl Audrey ooper City C k APPROVED AS TO FORM: Jonath P. L o ell City Attorney Mayor David F. Romero RESOLUTION NO. 9926 (2007 Series) A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO UPDATING PURCHASING GUIDELINES WHEREAS, in the course of conducting City operations it is necessary to purchase a broad range of goods and services; and WHEREAS, the Council has adopted purchasing policies and procedures as set forth in Chapter 3.24 of the Municipal Code that require the Council to specify by resolution the dollar amount of purchases and contracts requiring the use of either open market or formal bidding procedures, and the level of authority required to authorize invitations for bids (or requests for proposals), award contracts or approve Job Order Contract Task Orders; and WHEREAS, the Council desires to update existing guidelines for Department Head purchasing authority to reflect current conditions. NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo that Resolution No. 9444 (2003 Series) is hereby rescinded and the updated purchasing guidelines set forth in Exhibit A are hereby adopted. On motion of Council Member Carter and seconded by Vice Mayor Mulholland, and on the following roll call vote: AYES: Council Members Brown and Carter, Vice Mayor Mulholland, and Mayor Romero NOES: None ABSENT: Council Member Settle The foregoing resolution was adopted on September 4, 2007. `may Mayor David F. Romero ATTEST: Audrey H per City Clerk APPROVED AS TO FORM: Jona a P. ell City y 295 In accordance with the policy framework set forth in Chapter 3.24 of the municipal code, City purchases and contracts (including those for rentals and leases, but excluding those for real property) will be made pursuant to these guidelines. Applicable competitive bidding categories, authorization limits or contract award procedures will be based on unit cost, total purchase cost for consolidated bid items or fiscal year aggregates in the case of blanket purchase orders or similar ongoing purchasing arrangements. Staging of purchases in order to avoid these competitive bidding procedures or authorization limits is prohibited. GENERAL PURCHASES Purchases and contracts for supplies, equipment, operating and maintenance services, and construction projects will be made pursuant to the following guidelines. A. Over - the - Counter. Purchases of less than $7,500 may be authorized by the Department Head. Although no specific purchasing requirements are established for this level of purchase, competitive bidding should be used whenever practical. B. Open Market. Purchases between $7,500 and $25,000 may be authorized by the Director of Finance & Information Technology (or designee) pursuant to the open market bidding procedures established in Chapter 3.24 (Article II) of the municipal code. C. Formal Bids or Proposals. Purchases in excess of $25,000 will be made pursuant to the formal bidding requirements established in Chapter 3.24 (Article III) of the municipal code. Authority to approve specifications, invite bids or request proposals and award contracts will be as follows: 1. For purchases with an approved budget and a cost estimate of $100,000 or less, the City Administrative Officer is authorized to invite bids or request proposals, approve specifications and award the contract. 2. For purchases in excess of $100,000, Council approval of the specifications and authorization to invite bids or request proposals is required. The Council may authorize the City Administrative Officer to award the contract if the selected bid or proposal is less than or equal to the Council- approved cost estimate and there are no substantive changes to the specifications. Otherwise, Council award of the contract is required. D. Job Order Contracts: Construction Projects. Under the Job Order Contact provisions of Chapter 3.24 (Article III) of the municipal code for maintenance - related construction projects, individual Task Orders up to $25,000 may be approved by the City Engineer. Individual Task Orders in excess of $25,000 require approval by the City Administrative Officer. CONSULTANT SERVICES Contracts for consultant services will be awarded pursuant to the following guidelines. Purchasing Guidelines A. Contracts for consultant services estimated to cost less than $7,500 may be awarded by the Department Head. Although no specific purchasing requirements are established for this level of contract, proposals should be solicited whenever practical. B. Contracts for consulting services estimated to cost between $7,500 and $25,000 may be awarded by the City Administrative Officer. Proposals from at least three firms should be solicited whenever practical. C. Contracts for consultant services estimated to cost more than $25,000 will generally be awarded pursuant to the following guidelines; however, it is recognized that the City's need for consultant services will vary from situation to situation, and accordingly, flexibility will be provided in determining the appropriate evaluation and selection process to be used in each specific circumstance. The Council should generally approve request for proposal (RFP) documents before they are issued. The Council may authorize the City Administrative Officer to award the contract if it is less than or equal to the Council- approved cost estimate and there are no substantive changes to the approved workscope. Otherwise, Council award of the contract is required. 2. In the event that the timely evaluation and selection of a consultant precludes Council approval of the RFP before it is issued, the RFP may be approved and distributed by the City Administrative Officer; however, award of the contract will be made by the Council. 3. Cost will not be the sole criterion in selecting the successful bidder. Consultant proposals will be evaluated based on a combination of factors that result in the best value to the City, including but not limited to: a. Understanding of the work required by the City b. Quality and responsiveness of the proposal c. Demonstrated competence and professional qualifications necessary for satisfactory performance of the work required by the City d. Recent experience in successfully performing similar services e. Proposed methodology for completing the work f. References g. Background and related experience of the specific individuals to be assigned to the project h. Proposed compensation 4. If it is determined that it is in the best interest of the City for services to be provided by a specific consultant—with contract terms, workscope and compensation to be determined based on direct negotiations —contract award will be made by the Council.