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RESOLUTION NO. 10321 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
APPROVING THE TERMS FOR THE LEASE OF CITY OWNED PROPERTY
AT 860 PACIFIC, SUITE 101-102 AND AUTHORIZE THE CITY PUBLIC WORKS
DIRECTOR TO EXECUTE THE LEASE WITH ALL NECESSARY PAPERWORK
WHEREAS, the City owns 400 square feet of commercial office space at 860 Pacific
Street, Suite 101-102 (in the Marsh Street Parking Structure); and
WHEREAS, the City wants to lease this space to a stable, long-term tenant; and
WHEREAS, the City has adopted policies on leasing property as part of its Property
Management Manual; and
WHEREAS, the City's Parking Enterprise Fund needs to be self-sufficient for its
financial commitments including the operations and debt service for its parking structures.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo to:
1. Approve the commercial lease agreement between the City of San Luis Obispo and Julie
Stowasser; and
2. Authorize the Director of Public Works to execute the lease agreement and all necessary
paperwork.
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, and
on the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
R 10321
Resolution No. 10321 (2012 Series)
Page 2
The foregoing resolution was adopted this 3`d day of January, 2012.
ay Jan Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FORM:
C st e Dietrick
Attorney
RESOLUTION NO. 10322 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
AMENDING THE GENERAL PLAN FOR PROPERTIES AT 1231-1233 GARDEN
STREET, 734-740 PACIFIC STREET,AND 1234 BROAD STREET FROM
OFFICE TO GENERAL RETAIL; AND, ADOPTING NEGATIVE DECLARATION
(ER 54-11) OF ENVIRONMENTAL IMPACT
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 28, 2011, and recommended approval of the General Plan Amendment
and adoption of the Negative Declaration of Environmental Impact; 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 January
3, 2012, for the purpose of considering the general plan amendment and negative declaration of
environmental impact; and
WHEREAS, the City Council finds that the proposed general plan amendment is
consistent with the General Plan; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
WHEREAS, the City Council has considered the negative declaration of environmental
impact as prepared by staff and reviewed by the Planning Commission; and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of interested parties, and the evaluation and recommendations by staff, presented at said hearing.
NOW,THEREFORE,BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The Council makes the following findings:
1. The proposed general plan amendment furthers the goals of the General Plan Policy HE
5.3, which encourages the development of mixed-use projects with residences above commercial
uses in close proximity to activity centers.
2. The proposed general plan amendment is consistent with LUE Policy 4.2.1, which states
that existing uses in and around the commercial core should be protected, and new ones
developed.
3. The proposed general plan amendment is consistent with LUE Policy 3.4.1 to have
sufficient land for office development since significant office zoning remains around the project
site, and Downtown-Commercial zoning provides ample opportunity for office uses.
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Resolution No. 10322 (2012 Series)
Page 2
4. The proposed general plan amendment will not be detrimental to the health, safety and
welfare of those living and working in the vicinity since the proposed changes to the City's maps
provide for compatible land uses and any future development of the site will be subject to
architectural review which includes evaluation of neighborhood compatibility with proposed site
development.
SECTION 2. Environmental Determination. The City Council finds and determines that
the project's negative declaration of environmental impact (ER 54-11) adequately addresses
the potential environmental impacts of the proposed project in accordance with the California
Environmental Quality Act and the City's environmental guidelines, and reflects the
independent judgment of the Council. The Council hereby adopts the negative declaration.
SECTION 3. Action. The Council of San Luis Obispo hereby approves the general plan
amendment modifying the land use designations of the subject properties shown in attached
"Exhibit A"with incorporation of the following conditions of approval:
1. The proposed general plan amendment and rezone will allow for more intensive
development than the property's current land use designation and zoning allows. At time of
submittal for redevelopment, plans shall be include all information deemed necessary by the City
to evaluate the adequacy of City infrastructure (i.e. traffic, sewer, water) in the Downtown-
Commercial Zone.
2. The project applicant is responsible for all necessary upgrades to City infrastructure from
any project specific impacts which may result from the development project in the Downtown-
Commercial (C-D) Zone.
3. The City Council shall review the final design for any development project in excess of
15,000 square feet or above 35 feet in height.
Upon motion of Council Member Smith, seconded by Council Member Ashbaugh and on
the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
U
Resolution No. 10322 (2012 Series)
Page 3
The foregoing resolution was adopted this 3`d day of January, 2012.
G
y " Jan Marx
ATTEST:
��Gt vim( Z s-
Elaina Cano
City Clerk
APPROVED AS TO FORM:
- 4L-�'
J. C ' e Dietrick
Ci Attorney
EXHIBIT "A"
PACIFIC STREET GPA/REZONE
City File # GP/R 54-11
General Plan Amendment: Office to General Retail
5x\
1231 Garden
003.523-006
1233-1243
Garden
003.523-009
740 Pacific
003-523-007
730-734 Pacific
003-523-003
�.p 1234 Broad
09Q 003.523-002
PG�00
Q
General Plan Amendment
RESOLUTION NO. 10323 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ADOPTING A
REVISED COUNCIL POLICIES AND PROCEDURES MANUAL
WHEREAS, the City Council has adopted a certain manual entitled "Council Policies
and Procedures" to define and ensure the proper conduct of the City's business by the City
Council and in compliance with State law and the City's Charter and Ordinances; and
WHEREAS, the Council periodically revises its Council Policies and Procedures
Manual to ensure clarity, consistency with state law, and conformity with the City Charter and
Ordinances.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo:
SECTION 1. The Council hereby amends the Council Policies and Procedures Manual,
a copy of which is attached hereto marked Exhibit "A", and replaces all previous versions of the
Council Policies and Procedures Manual.
SECTION 2. A copy of the Council Policies and Procedures Manual shall be
maintained on file in the Office of the City Clerk, shall be distributed to all Council Members
and Department Heads, and shall be available to the public during reasonable business hours.
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh, and
on the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter
and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 3`d day of January 2012.
a_ xz
May r an Marx
ATTEST:
CL", &&,&,
*tAlaina C9no
City Clerk
APPROVED AS TO FORM:
J. C s 'ne Dietrick
Attorney
R. 10323
L
city of san LUIS OBISpo
COUNCIL POLICIES
AND PROCEDURES
MANUAL
x kIr
Adopted by the City Council
April 20, 2004, Resolution No. 9554
Updated by the City Council
May 2, 2006, Resolution No. 9794
November 16, 2008, Resolution No. 10041
January 3, 2012, Resolution No. 10323
® �J
COUNCIL POLICIES & PROCEDURES
TABLE OF CONTENTS
FOREW ARD......................................................................................................................1
CHAPTER ONE
MEETING GUIDELINES & PROCEDURES...............................................................2
1.1 MEETING SCHEDULE...........................................................................................2
1.1.1 MEETINGS OF COUNCIL..........................................................................2
l.1.2 REGULAR MEETINGS...............................................................................2
1.1.3 STUDY SESSIONS......................................................................................2
1.1.4 SPECIAL MEETINGS .................................................................................3
1.1.5 USE OF COUNCIL CHAMBER..................................................................3
1.2 AGENDA..................................................................................................................4
1.2.1 ESTABLISHING THE COUNCIL AGENDA..............................................4
1.2.2 PLACING AN ITEM ON THE AGENDA (COUNCIL MEMBER)...........4
1.2.3 PLACING AN ITEM ON THE AGENDA (ADVISORY BODIES)............5
1.2.4 PLACING AN ITEM ON THE AGENDA (THE PUBLIC)........................5
1.2.5 EMERGENCY ITEMS.................................................................................5
1.2.6 RECONSIDERATION.................................................................................5
1.2.7 ORDER OF BUSINESS...............................................................................6
1.2.8 NOTIFICATION AND ADVERTISING.....................................................6
1.3 MEETING PROCEDURES......................................................................................6
1.3.1 PRESIDING OFFICER ...............................................................................6
1.3.2 QUORUM....................................................................................................7
1.3.3 DISCUSSION RULES.................................................................................7
1.3.4 PARLIAMENTARY PROCEDURE...........................................................8
1.3.5 PROTOCOL ................................................................................................8
1.3.6 VOTING PROCEDURES ...........................................................................9
1.3.7 PUBLIC COMMENT................................................................................10
1.3.8 CONSENT AGENDA...............................................................................12
1.3.9 COMMUNICATIONS...............................................................................13
1.3.10 CLOSED SESSIONS................................................................................13
1.4 MEETING COVERAGE.....................................................................................14
CHAPTER TWO
COUNCIL COMPENSATION .....................................................................................15
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS....................................15
2.2 RETIREMENT, MEDICAL, DENTAL, VISION AND LIFE INSURANCE .......15
i
2.3 PROFESSIONAL DEVELOPMENT.....................................................................15
2.3.1 PROFESSIONAL DEVELOPMENT.........................................................15
2.3.2 START-UP ALLOWANCE.......................................................................15
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT...................................16
2.4.1 CITY BUSINESS...... ..............................................................................16
2.4.2 MILEAGE..............................................................................................16
2.5 GENERAL PROCEDURES AND LIMITATIONS...............................................16
2.5.1 ACCOUNTING.......................................................................................16
2.5.2 REIMBURSEMENT LIMITATION .........................................................16
2.5.3 SPECIAL EXPENSES...............................................................................17
2.5.4 OTHER GUIDELINES..............................................................................17
2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS....................17
2.6 COUNCIL COMPENSATION COMMITTEE......................................................17
2.6.1 MEMBERSHIP........................................................................................17
2.6.2 REVIEW RESPONSIBILITY ....................................................................17
CHAPTER THREE
COUNCIL POWERS & APPOINTMENTS.................................................................18
3.1 MAYOR -POWERS AND DUTIES ....................................................................18
3.2 APPOINTMENT OF VICE-MAYOR...................................................................18
3.3 FILLING COUNCIL VACANCIES......................................................................18
3.3.1 APPOINTMENT OR SPECIAL ELECTION ............................................18
3.3.2 PUBLIC APPOINTMENT.........................................................................19
3.3.3 ADVERTISE FOR APPLICANTS.............................................................19
3.3.4 QUALIFICATIONS...................................................................................19
3.3.5 PUBLIC MEETING...................................................................................19
3.4 ADMINISTERING OATHS: SUBPOENAS.........................................................20
3.5 LIMITATIONS......................................................................................................20
3.6 METHOD OF ACTION BY COUNCIL...............................................................20
3.7 ORDINANCES.............................................................................21
3.8 ACCEPTANCE OF GRANTS OR DEEDS ...........................................................21
3.9 LEGISLATIVE ACTION PROGRAM...................................................................21
3.10 AMICUS CURIAE PARTICIPATION ...............................................................21
CHAPTER FOUR
THEBROWN ACT ........................................................................................................22
4.1 APPLICABILITY AND PENALTIES .................................................................22
4.2 MAJOR PROVISIONS........................................................................................22
4.2.1 APPLICABILITY...................................
4.2.2 MEETINGS .............................................................................................22
4.2.3 AGENDAS ..............................................................................................22
4.2.4 ACTIONS ................................................................................................22
4.2.5 PUBLIC INPUT.......................................................................................23
4.2.6 PUBLIC DISRUPTIONS.........................................................................23
4.2.7 CORRESPONDENCE.............................................................................23
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS...........................23
4.3 SPECIAL MEETINGS .........................................................................................24
4.4 EMERGENCY MEETINGS.................................................................................24
4.5 ELECTRONIC MAIL (EMAIL), THE PUBLIC RECORDS ACT
ANDTHE BROWN ACT....................................................................................24
4.6 OTHER PROVISIONS..........................................................................................24
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS & CONDUCT ...............................................25
5.1 INTENT... ..............................................................................................................25
5.2 GUIDELINES FOR COUNCIL MEMBERS......................................................25
5.2.1 REQUESTS FOR INFORMATION........................................................25
5.2.2 DIRECTION TO STAFF.........................................................................25
5.3 GUIDELINES FOR STAFF ................................................................................25
5.3.1 TIMELY RESPONSE..............................................................................26
5.3.2 DIRECTION FROM COUNCIL.............................................................26
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS.............26
5.3.4 INFORMATION DISTRIBUTION.........................................................26
5.3.5 SIGNIFICANT INFORMATION ...........................................................26
5.4 ACCESS TO TELECOMMUNICATIONS & INFORMATION SYSTEMS....27
5.4.1 TELEPHONES .......................................................................................27
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5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY.....27
5.4.3 SECURITY.............................................................................................27
5.4.4 INTERNET ACCESS.............................................................................28
5.4.5 ELECTRONIC MAIL (EMAIL).............................................................28
5.4.6 SUPPORT RESPONSIBILITIES ...........................................................28
5.4.7 COUNCIL MEMBER RESPONSIBILITIES.........................................28
CHAPTER SIX
ADVISORY BODY PROCEDURES.............................................................................29
6.1 ROLE OF COUNCIL LIAISON SUBCOMMITTEE MEMBERS....................29
6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES.......................29
6.1.2 ROLE......................................................................................................29
6.1.3 COMMUNICATION..............................................................................29
6.1.4 EDUCATION .........................................................................................29
6.1.5 APPOINTMENT AND RECOMMENDATION ...................................29
6.1.6 ATTENDANCE......................................................................................29
6.2 COUNTY OR REGIONAL REPRESENTATION ...........................................30
6.3 OTHER COUNCIL SUBCOMMITTEES.........................................................30
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS.......30
6.4.1 INTENT.................................................................................................30
6.4.2 COUNCIL AGENDA REPORTS .........................................................30
6.4.3 COUNCIL MEETINGS.........................................................................30
6.4.4 RECOMMENDATIONS.......................................................................31
6.5 ROLE OF CITY STAFF PERSONS.................................................................31
6.6 APPOINTMENT PROCEDURES....................................................................31
6.6.1 PURPOSE..............................................................................................31
6.7 PROCESS ........................................................................................................32
6.7.1 QUALIFICATIONS...............................................................................32
6.7.2 TERMS ..................................................................................................32
6.7.3 PROCESS..............................................................................................33
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COUNCIL POLICIES AND PROCEDURES
FOREWORD
San Luis Obispo is a "charter" city as contrasted to a "general law" city. Under California law,
the authority of a general law city is derived only from the powers granted to it by the general
laws adopted by the State Legislature pertaining to the organization and operation of a
municipality, and from the police power (the right of the City to make laws governing health,
safety, morals and welfare and morals for the benefit of the community) granted to it by the State
Constitution. On the other hand, a charter city's power is not defined or limited by the State's
general laws. Instead, with respect to municipal affairs, a charter city's powers are defined by the
city's own charter, subject only to the limitations of the State Constitution. As a result, charter
cities usually have more operational latitude than do the more prevalent general law cities.
A charter serves as the city's "constitution" and may only be amended by a vote of the people.
San Luis Obispo's Charter was first adopted on May 1, 1876, and has been amended by popular
vote on several occasions subsequently. In 1955, the Charter was amended to approve a
Council-Mayor-City Manager form of government. The last charter revision occurred on August
30, 2011.
The word "charter" and the notation, e.g. (Charter § 503) used within this document refer to the
City Charter.
Council Policies&Procedures Manual 2012 Page 1
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CHAPTER ONE
MEETING GUIDELINES & PROCEDURES
1.1 MEETING SCHEDULE
1.1.1 MEETINGS OF COUNCIL
The Council shall provide by ordinance the time and place of holding meetings and the
manner in which special meetings may be called. Public interest and convenience shall be
primary considerations when decisions are made as to time, location and frequency.
Except as otherwise provided by law, all meetings of the Council shall be open to the
public. (Charter§ 502)
1.1.2 REGULAR MEETINGS
1.1.2.1 Regular meeting shall be held the first, second and third Tuesday of each
month beginning at 700 p.m. In the event that a regular meeting of the
Council shall fall on a legal holiday, that regular meeting shall be held at
the same place and time on the next succeeding working day. (Ord. 677)
1.1.2.2 Regular meetings shall be held in the Council Chamber, 990 Palm Street,
in the City of San Luis Obispo. (Ord. 677)
1.1.2.3 Regular meetings shall be between the hours of 700 p.m. and 11:00 p.m.
It shall be the policy of the City Council to complete meetings, including
closed sessions, by 11:00 p.m. unless a majority of the Council elects to
continue past the adjournment hour. If at the hour of 11:00 p.m. the City
Council has not concluded its business, the Council will review the
balance of the agenda and determine whether to extend the meeting
beyond the hour of 11:00 p.m., continue any remaining items, or
adjourn the meeting to another date and time.
1.1.2.4 A regular meeting may be cancelled by a majority vote of the Council.
1.1.3 STUDY SESSIONS(Open to the public)
1.1.3.1 The purpose of these meetings shall be for informal discussions between
staff, advisory bodies or consultants, the public, and the City Council
regarding specific programs, projects or policies. Council may provide
direction, but no formal action will be taken during a Study Session.
Study Sessions may be conducted in a variety of formats, including Public
Workshops.
1.1.3.2 Study Sessions will be held at a time and place within the City limits
convenient to Council and advantageous for public participation.
Council Policies&Procedures Manual 2012 Page 2
1.1.4 SPECIAL MEETINGS
1.1.4.1 Special meetings may be called by the Mayor or three members of the
City Council on no less than 24 hour notice and as otherwise specified by
Government Code§ 54956) (Ord. 959)
1.1.4.2 Any special meeting held at a place other than City Hall shall be open to
the public. Such meetings shall be held within the city limits. Notice
requirements of the Brown Act shall be complied with for any such
meetings; regular minutes shall be taken by the City Clerk and shall be
available for public inspection.
1.1.5 USE OF COUNCIL CHAMBER
1.1.5.1 The City Manager, or designee, is responsible for maintaining a calendar
on the use of the Council Chamber and all requests for reservations shall
be cleared through the administrative office.
1.1.5.2 When a question arises regarding permission for any group to use the
facility,the City Manager shall have authority to make the final
decision. The following rules are established as a guide:
a. Use of the Council Chamber by City commissions,committees, and
other advisory bodies shall take precedence over any other group or
agency.
b. Favorable consideration shall be given to other governmental agencies
and non-profit groups during regular business hours only, unless
otherwise approved by the City Manager (see exception noted in
Section 1.1.5.2.c). These groups will be charged for the use of the
Council Chamber at the same rate charged governmental agencies and
non-profit groups for use of the Community Room at the City/County
Library. No events of a commercial nature shall be allowed. The
Council Chamber will not be available for use by any non-City
organizations during non-business hours, unless otherwise approved
by the City Manager(see exception noted in Section 1.1.5.2.c).
c. With the approval of the City Manager, other local governmental
agencies may use the Council Chamber for the purpose of live or
video cablecasting public hearings and/or public meetings during
regular or non-business hours. The fee charged shall be the same rate
charged governmental agencies for use of the Community Room at
the City/County Library, in addition to the cost for services provided
by the City for cablecasting operations.
d. No admission shall be charged. No events featuring the service of
food or drink shall be allowed.
Council Policies&Procedures Manual 2012 Page 3
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e. Regularly scheduled meetings by other agencies and groups shall be
discouraged.
f. Meetings being held to advocate the election or re-election of a
particular candidate for political office shall not be allowed.
However, the Council Chamber may be used for a Candidate and/or
City Ballot Measure Forum where the public and all candidates and/or
proponents/opponents to a City ballot measure or candidates for a
particular public office have been invited. Any candidate/ballot
measure forums to be held in the Council Chamber shall not include
City staff services.
1.2 AGENDA
1.2.1 ESTABLISHING THE COUNCIL AGENDA
The purpose of the agenda is to provide a framework within which Council meetings can be
conducted and to effectively implement the approved Council Goals, Financial Plan and
Budget, and also work programs, objectives, and business of the City as established by the
present or earlier City Councils. Agenda items also include recommendations to the City
Council from advisory bodies, land use and zoning actions or appeals, bid and purchasing
procedures, and mandates from other levels of government. Staff shall work within the
policy context established by the Council and will not arbitrarily place matters on the agenda
that are outside the scope of existing work programs of the City, except as approved by the
Mayor, and permitted under the Charter sanctioned instructions for the City Manager to
inform and advise the Council of matters necessary to the proper operation and well-being
of the City.
The process for determining the format and order of the agenda is based primarily on the
order of business adopted by the City Council (See Section 1.2.7). . The process for
establishing the order of specific business and public hearing items is a collaborative one
determined largely by anticipated public attendance (those matters involving greater
audience attendance should be scheduled ahead of other items). On a rotating basis,
individual members of the Council shall attend agenda review meetings with the City
Manager and department heads held on the morning of the City Council meeting to discuss
issues and to review upcoming agenda items. In addition, the City Manager, City Attorney
and City Clerk review the agenda materials with the Mayor. The final agenda is set subject
to the approval of the Mayor, after consultation with the City Manager, City Attorney and
City Clerk.
1.2.2 PLACING AN ITEM ON THE AGENDA(COUNCIL MEMBER)
Any Council Member may request an item be placed on a future agenda by submitting a
request, orally or in writing, to consider the matter and by discussing the request during the
Communications section of the regular agenda. Upon consensus of a majority of the
Council, staff will prepare a staff report if formal Council action is required. An individual
Council Member may place an urgency item on an agenda with a minimum of 72 hours
legal notice and a memorandum from the Council Member to the Council and staff setting
forth the substantive issues of the item. For the purpose of this paragraph, urgency shall
Council Policies&Procedures Manual 2012 Page 4
arise in those limited situations where an item requires immediate action, and the need to
take immediate action came to the attention of the Council Member subsequent to the
distribution of the agenda.
1.2.3 PLACING AN ITEM ON THE AGENDA(ADVISORY BODIES)
Recommendations made by advisory bodies, as part of their normal scope of duties and
responsibilities, shall be timely placed on the City Council agenda by staff, who shall
comply with the City's approved Council Agenda Preparation Policy. In the event that an
advisory body desires to bring a matter of special consideration to the City Council (new
ideas or concerns, for example), it may request that the item be placed on a future agenda by
submitting a written request to the Council approved by a majority of the advisory body
members and signed by the Chair. During Communications, any member of the Council
may ask for consideration of the request, and upon consensus of a majority of the Council, a
staff report will be prepared and approved by the City Manager or his/her designee.
1.2.4 PLACING AN ITEM ON THE AGENDA(THE PUBLIC)
A member of the public may request an item be placed on a future agenda during the Public
Comment period at the beginning of every Council meeting, or via other communication
with Council Members, and upon consensus of a majority of Council, a staff report will be
prepared and approved by the City Manager or his/her designee.
1.2.5 EMERGENCY ITEMS
Emergency items may be placed on the agenda only in accordance with state law.
Generally, only those matters affecting public health or safety and coming to the attention of
the Council after the regular notice deadlines may be considered emergency in nature. A
four-fifths vote of Council is necessary to add an emergency item.
1.2.6 RECONSIDERATION
Resubmittal of issues previously acted upon is discouraged. However, in extraordinary
situations, a request to reconsider an action taken by the City Council may be considered.
The request must be presented by a Council Member who voted with the majority at the
Council meeting at which the original vote was taken. The vote may be reconsidered during
that meeting, but no later than the next Council meeting. Debate is limited to the question of
whether or not there is a majority of the Council interested in reconsidering the matter. If a
majority of the Council votes to reconsider an action, the matter will be placed on the next
or future agenda.
Council Policies& Procedures Manual 2012 Page 5
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1.2.7 ORDER OF BUSINESS shall be as follows:
1.2.7.1 Call to Order
1.2.7.2 Pledge of Allegiance
1.2.7.3 Roll Call
1.2.7.4 Closed Session Report(if any)
1.2.7.4 Presentations
1.2.7.5 Appointments
1.2.7.6 Public Comment
1.2.7.7 Consent Agenda
1.2.7.8 Public Hearings and Business Items
1.2.7.9 Liaison Reports and Communications
1.2.8 NOTIFICATION AND ADVERTISING
The City will advertise all matters of significant neighborhood or community public interest
that appear on a City Council or Planning Commission agenda, as well as all matters where
advertising is required by law. Said advertisements shall include location maps, project
descriptions and posting of property, if required, written in plain English in order to fully
inform all interested individuals.
All advertising shall be accomplished in an economical manner. All affidavits of
publication shall be available to interested members of the public.
1.3 MEETING PROCEDURES
1.3.1 PRESIDING OFFICER
1.3.1.1 The Mayor is the Presiding Officer and acts as Chair at Council meetings.
(Charter§ 407)
1.3.1.2 In the absence or incapacity of the Mayor,the Vice Mayor will serve as
Presiding Officer.
1.3.1.3 Seating arrangement of the Council:
1.3.1.3.1 The Vice Mayor shall always be seated immediately next to the
Mayor.
1.3.1.3.2 The Mayor, with the approval of individual Council Members,
shall establish other seating arrangements for regular Council
meetings.
1.3.1.4 Signing of City Documents
The Mayor, unless unavailable, shall sign all ordinances, resolutions,
contracts and other documents which have been adopted by the City
Council and require an official signature, except when the City Manager
has been authorized by Council action to sign documents. In the event the
Council Policies&Procedures Manual 2012 Page 6
Mayor is unavailable,the Vice Mayor signature may be used.
1.3.2 QUORUM
A majority of the Council Members shall constitute a quorum for the transaction of
business. (Charter§ 503)
1.3.3 DISCUSSION RULES
1.3.3.1 Obtaining the floor:
1.3.3.1.1 A member of the City Council or staff shall first address the
Presiding Officer and gain recognition.
1.3.3.1.2 Comments and questions shall be succinct and limited to the
issue before Council.
1.3.3.1.3 Cross-exchange between Council Members and public should
be avoided.
1.3.3.2 Questions to staff:
A Council Member shall, after recognition by the Presiding Officer;
address questions to the designated staff member. Council Members are
encouraged to provide questions to staff prior to meetings and also to
attend staff briefings on complex issues.
1.3.3.3 Interruptions:
1.3.3.3.1 Once recognized,a Council Member shall not be interrupted
while speaking, except to make a point of order or personal
privilege.
1.3.3.3.2 If a Council Member is called to order while speaking,the
individual shall cease speaking until the question of order is
determined.
1.3.3.3.3 Upon being recognized by the Presiding Officer, members of
staff shall hold the floor until completion of their remarks or
until recognition is withdrawn by the Presiding Officer.
Council Policies&Procedures Manual 2012 Page 7
1.3.3.4 Limitation on Discussion:
No Council Member shall speak more than once on a particular subject
until every other Council Member has had the opportunity to speak.
Council Members are encouraged to discuss items during the
decision-making process.
1.3.3.5 Tabling Procedure:
If a motion is made to table a matter, discussion will stop immediately and
a vote on the motion to table will be called for.
1.3.3.6 Right of Protest:
A Council Member is never required to state reasons for dissent.
1.3.3.7 Rules of Procedure:
The Council shall determine its own rules of procedure. (Charter§ 504)
1.3.3.8 Council Minutes:
If a Council Member wishes a stated opinion to be entered in the minutes,
he/she should precede the statement with "for the record," or request the
City Clerk to enter it into the record following the statement.
1.3.4 PARLIAMENTARY PROCEDURE
Those rules in effect according to the City Council policy(State law and Robert's Rules).
The following summarizes the most frequently used actions.
1.3.5 PROTOCOL
1.3.5.1 Council Members and staff shall:
1.3.5.1.1 Work earnestly to preserve appropriate order and decorum
during all meetings.
1.3.5.1.2 Discourage side conversations,disruptions, interruptions or
delaying efforts.
1.3.5.1.3 Inform the Presiding Officer when departing from a
meeting.
Council Policies&Procedures Manual 2012 Page 8
1.3.5.1.4 Limit the use of personal electronic devices to urgent
personal matters while seated at the dais during Council
meetings.
1.3.5.1.5 During a public hearing, correspondence between Council
Members or between a member of the public and the
Council regarding the public hearing matter being
considered by the City Council must occur in the open and
any communications outside of the noticed public meeting
on which the Council member's decision is based should be
disclosed during the public hearing.
1.3.5.2 Persons demonstrating rude, boisterous, or profane behavior will be called
to order by the Presiding Officer. If such conduct continues,the Presiding
Officer may call a recess, request the removal of such person(s) from the
Council Chamber, adjourn the meeting, or take such other appropriate
action as permitted by the Brown Act.
1.3.5.3 Only the City Council, staff, Advisory Body Chairs or designated
representatives, and those authorized by the Presiding Officer shall be
permitted to sit at the Council or staff tables.
1.3.5.4 Enforcement of order:
1.3.5.4.1 The Police Chief or his/her designee shall act as the
Sergeant-at-Arms.
1.3.5.4.2 Any Council Member may request the Presiding Officer to
enforce the rules of protocol. Upon motion and majority
vote,the Presiding Officer shall be required to do so.
1.3.6 VOTING PROCEDURES
1.3.6.1 When present, all Council Members shall vote, except in the case of a
recusal due to a conflict of interest. Failure of a seated Council Member
to vote will be construed as an affirmative vote. (Charter§ 505)
1.3.6.2 No ordinance, resolution or motion shall be passed or become effective
without receiving the affirmative vote of at least three members of the
Council. (Charter§ 506)
1.3.6.3 A conflict of interest shall be declared whenever appropriate and in
Council Policies&Procedures Manual 2012 Page 9
�1
compliance with State law and the Council Member will step down and
not participate in the discussion or vote on the item.
1.3.6.4 A vote maybe changed by a Council Member only immediately after the
vote has been announced and prior to the introduction of the next agenda
item.
1.3.6.5 The City Clerk shall restate the motion prior to the vote or request the
motion maker to restate the motion if required for Council or public
clarification.
1.3.6.6 A roll call(voice)vote shall be taken for each Council action and include
the following practice: the Mayor will give clear instructions: "Those in
favor of the adoption of the motion will, as their names are called, answer
yes;those opposed,will answer no. The City Clerk will call the roll."
The City Clerk will call for the roll call vote in the following manner: 1)
Maker of the motion. 2)Member who has seconded the motion. 3)
Additional Council members in alphabetical order by last name.4)Mayor
last.
1.3.6.7 A general consent vote may be taken at the discretion of the Presiding
Officer, if there are no negative votes or objections by Council Members.
1.3.6.8 Upon the request of any member,the ayes and noes shall be taken and
recorded on any vote. (Charter§ 505)
1.3.6.9 The ayes and noes shall be taken upon the passage of all ordinances and
resolutions and entered upon the journal of the proceedings of the Council.
(Charter§ 505)
1.3.6.10 Following the vote,the Mayor shall announce whether the questions have
been carried or defeated.
1.3.6.11 Should a tie vote occur,the Council is required to continue the item by
majority vote or make motions until an action receives three affirmative
votes.
1.3.6.12 The Presiding Officer may publicly explain the effect of the vote for the
audience or may direct a member of the staff to do so.
Council Policies&Procedures Manual 2012 Page 10
1.3.7 PUBLIC COMMENT(Written and Oral)
Members of the public may address the City Council in a variety of ways. Written
comments on agenda items are encouraged. As a courtesy to the Council, citizens are
encouraged to present written comments at least one day prior to the meeting. This provides
the Council with a greater opportunity to review and consider issues and/or concerns
expressed in written communications prior to a meeting. Written comments received
before, at or during a Council meeting are included in the public record and posted to the
City's website. (GC § 54957.5) Agenda Correspondence, in general, are correspondence
and other documents from the public, the City Council and City staff regarding Council
agenda items received after the agenda packets have been distributed. Agenda
Correspondences may take the following form: letters and emails from citizens; memos
of clarification or revision from City staff; liaison reports from the City Council;
communication items from City Council; late release or added-on agenda reports.
An Agenda Correspondence is date-stamped and stamped with the distribution stamp.
Agenda Correspondences are distributed by the City Clerk and made available for public
review as they are received.
The Mayor will invite comments from the public in support of, or in opposition to,specific
agenda items following the staff report. Oral communications on matters that are not on the
agenda may be provided during the Public Comment period at the beginning of every
regular meeting.
The following are guidelines for providing oral public comments:
1.3.7.1 Immediately prior to scheduled public hearings, members of the public
may address the City Council on items that are not on the printed agenda,
or items on the Consent Agenda. A time limit of three minutes is
provided. A speaker may not yield time to another speaker. A speaker slip
should be filed with the City Clerk,but is not required in order to speak.
1.3.7.2 Pursuant to the Brown Act,action may not be taken on issues not listed on
the agenda. Staff may be asked to follow-up on such items.
1.3.7.3 Individuals desiring to speak on an item on the agenda shall:
1.3.7.3.1 Address the Council from the podium after giving name and
city of residence. Speakers shall direct their comments to
the Council, not the audience.
1.3.7.3.2 Comment on the specific matter before the Council with
reasons for the position taken.
Council Policies&Procedures Manual 2012 Page 11
1.3.7.3.3 Limit comments to three (3) minutes until others have had
opportunity to address the Council. The Presiding Officer
with the consensus of Council Members, after all others have
spoken, may allow additional brief comment from speakers
who have already commented on the same agenda item. A
speaker may not yield their time to another speaker.
1.3.7.3.4 Shall register as Municipal Advocates, if they are testifying
as paid representatives, as defined in the Municipal Code
(2.64.020)and shall preface their comments by identifying
themselves as municipal advocates(2.64.050&2.64.070).
1.3.7.3.5 Shall avoid personal attacks, abusive language or other
disruptive behavior.
1.3.7.4 Applicants or applicant representatives or appellants desiring to speak
shall:
1.3.7.4.1 Submit speaker slips to the City Clerk.
1.3.7.4.2 Shall be permitted to speak first during the public comment
portion of the public hearing for not more than ten (10)
minutes.
1.3.7.4.3 Address the Council from the podium after giving their name
and address, and/or the name and address of the
applicant/appellant they are representing. If the
applicant/appellant's representative is a paid municipal
advocate,they shall comply with Section 1.3.7.3.5 above.
1.3.7.5 After the comment period or public hearing is closed, no member of the
public shall be permitted to address the Council or the staff from the
audience, except at the discretion of the Presiding Officer.
1.3.8 CONSENT AGENDA
The Consent Agenda is generally first on the Council agenda and is provided to expedite the
meeting. Therefore,only items that are routine, relate to implementation of approved budget
items or to City operations, are second readings of ordinances,or are items to be later set for
public hearing are to be placed on the Consent Agenda. Items of significant neighborhood
or community public interest should be heard as a Public Hearing or Business item, and not
placed on the Consent Agenda.
Council Policies&Procedures Manual 2012 Page 12
1.3.8.1 Minor Questions. A Council Member may ask questions on any item
without it being pulled from the Consent Agenda. When a Council
Member has a minor question for clarification concerning a consent item
that will not involve extended discussion, the item may be pulled for
clarification at the beginning of the meeting and the questions will be
addressed along with the rest of the Consent Agenda. There should be no
objections at this time. Council Members are encouraged to seek
clarifications prior to the meeting(if at all possible).
1.3.8.2 No Vote. When a Council Member wishes to pull an item simply to
register a dissenting vote, a request should be made that the item be pulled
for separate vote without discussion. Such items will also be handled at
the beginning of the meeting along with the rest of the Consent Agenda.
1.3.8.3 Any item may be pulled by a Council Member for discussion. A member
of the public may request the Council to pull an item for discussion.
1.3.8.4 Pulled items shall be heard at the close of the Consent Agenda unless a
majority of the Council chooses another time.
13.9 COMMUNICATIONS
1.3.9.1 The purpose of this time is to allow staff and Council to provide an update
or share information regarding a particular matter. Examples of
appropriate communications would be information of general interest
received from outside agencies, and comments or inquiries received from
individuals or from the public,or requests to agendize future items.
1.3.9.2 If possible, written material connected with a particular communication
item should be provided to the City Manager sufficiently in advance of the
meeting to be distributed with the regular agenda materials.
1.3.9.3 State law provides that Council can take action only on such matters that
have been noticed at least three days in advance of the meeting, unless
special circumstances are found to exist. Substantive debate or
deliberation or formal action or approval on non-agendized items is not
allowed, and such an item should be placed on the agenda of the next
regular meeting.
1.3.9.4 The communications period should not exceed 15 minutes and speaking
to a particular item should be limited to five minutes.
Council Policies&Procedures Manual 2012 Page 13
1.3.10 CLOSED SESSIONS (closed to the public)
1.3.10.1 Closed Sessions are regulated pursuant to the Brown Act.
1.3.10.2 No member of the Council,employee of the City,or anyone else present
shall disclose to any person the content or substance of any discussion
which takes place in.a closed session unless authorized by a four-fifths
vote of the Council,or as otherwise required by law.
1.3.10.3 Confidential materials provided for Closed Sessions must be returned to
the City Attorney by the conclusion of the Closed Session.
1.4 MEETING COVERAGE
The purpose of cablecasting meetings of the San Luis Obispo City Council is to enhance the
awareness and education of the general public regarding the actions and deliberations of the City
Council.
1.4.1 Coverage of City Council meetings shall be gavel-to-gavel; whether presented to
the public live or taped, Council coverage is not to be edited or subjected to
editorial comment.
1.4.2 All regular City Council meetings shall be cablecast, except for meetings or
portions of meetings which are closed to the public, or when the Council directs
otherwise.
1.4.3. Cameras used for the gavel-to-gavel coverage shall be owned by the City and
operated only by City employees or persons under contract with the City.
1.4.4 Cameras shall be operated so that they are focused only on the officially
recognized speaker, and on any visually displayed information they may be
showing.
1.4.5 "Reaction" shots will not be permitted.
1.4.6 The City Clerk's minutes shall remain the official record of Council proceedings.
1.4.7 To assure timely information for the public, Action Updates shall be posted on the
City's website as soon as possible.
Council Policies&Procedures Manual 2012 Page 14
CHAPTER TWO
COUNCIL COMPENSATION
Council compensation and benefits are established every other year by Council action after the
Council Compensation Committee conducts a biennial review and makes a recommendation. See
Section 6 of this Chapter.
2.1 SALARIES FOR MAYOR AND COUNCIL MEMBERS
Compensation for services rendered in an official capacity shall be established by resolution duly
adopted and consistent with the rules established in the Charter.
2.2 RETIREMENT,MEDICAL. DENTAL,VISION AND LIFE INSURANCE
The Mayor and Council Members shall be entitled to City-funded participation in P.E.R,S.
retirement. The City shall contribute an amount equivalent to that received by City department
heads monthly towards the Mayor and Council Members participation in PEMCHA, dental, vision
and life insurance. Any unexpended amount shall not be distributed to the Mayor and Council
Members in cash.
Individual Council members may waive any or all of the compensation provided to them. Such a
waiver shall affect only the individual choosing to waive compensation for the period of time
specified by that individual. An individual waiver shall not be binding on any other current or
future Council member. Should any Council member wish to make a change in their individual
compensation staff will return with the appropriate resolution to effectuate this change.
2.3 PROFESSIONAL DEVELOPMENT
Allowances shall be budgeted for the Mayor and each Council Member as follows:
2.3.1 PROFESSIONAL DEVELOPMENT—INCLUDING TRIPS AND
MEETINGS
For costs of professional development and educational conferences designed to improve
understanding of and proficiency in municipal affairs. Said allowance shall be used for
out-of-county expenses only and shall be reimbursed in accordance with accepted City
Travel Guidelines.
2.3.2 START-UP ALLOWANCE
An additional professional development allowance shall be budgeted to each new Mayor
and Council Member to help accelerate his/her comprehension of municipal and legislative
Council Policies&Procedures Manual 2012 Page 15
operations during the first 12 months following the taking of office and the amounts shall be
as set forth in the applicable financial plan adopted by the Council.
2.4 CITY BUSINESS AND MILEAGE REIMBURSEMENT
Quarterly allowances shall be budgeted for the Mayor and each Council Member as stated in the
Financial Plan.
2.4.1 CITY BUSINESS
For costs incurred in connection with official City business. Said allowance shall be used
for in-county expenses and shall include all meals,tickets,periodicals, dues,subscriptions,
and similar miscellaneous expenses.
2.4.2 MILEAGE
For official travel within the County of San Luis Obispo, reimbursement shall be made upon
submittal of an official mileage expense form:
2.5 GENERAL PROCEDURES AND LIMITATIONS
Appropriate budgetary practices and accounting controls shall be established to ensure that
expenditures and reimbursements are in compliance with approved budget allocations. The Mayor
and each Council Member is expected to plan business activities so as to stay within his/her budget.
When exceptional circumstances require that additional amounts be allocated to accounts, formal
Council action shall be required.
2.5.1 ACCOUNTING
An account shall be established in the name of each Council Member with all expenditures
charged to the individual Council Member or Mayor. If any account is depleted prior to the
end of the fiscal year, additional allocations shall require a specific action of the City
Council. Claims for reimbursement as specified in Section 2.4, above, may be submitted
monthly but the aggregate of three monthly claims may not exceed the quarterly maximum.
Receipts shall be submitted within the fiscal year. The Council budget shall be available for
review in the City Clerk's Office and the Mayor and Council Members shall receive periodic
statements.
2.5.2 REIMBURSEMENT LIMITATION
The City's adopted Travel Guidelines shall govern all expenditures for non-local
professional development and conferences. These guidelines include all non-local official
meals,tuition or fees,transportation to meeting sites, materials and telephone usage.
Council Policies&Procedures Manual 2012 Page 16
2.53 SPECIAL EXPENSES
For occasions when the Mayor and/or a Council Member is designated by the City Council
to represent the City at special meetings, reimbursement shall be made from an unallocated
Travel Expense Account.
2.5.4 OTHER GUIDELINES
Any other travel-related issue not specifically governed in these Policies and Procedures
shall be adjudicated in accordance with the City of San Luis Obispo adopted Travel
Guidelines.
2.5.5 DISCLOSURE AND REPORTING REQUIREMENTS
The Political Reform Act of 1974 (Government Code sections 87200) requires local public
officials to file a Statement of Economic Interest — Form 700 — to disclose certain
investments, interests in real property, sources of income, gifts, loans and business positions
when assuming office, annually and when leaving office.
2.6 COUNCIL COMPENSATION COMMITTEE
A five-member review committee shall be appointed no later than the last City Council meeting in
January in even-numbered years and shall bring its proposed recommendations in resolution form to
the City Council no later than the first City Council meeting in May.
2.6.1 MEMBERSHIP
The committee membership shall have as broad a representation as possible, including but
not limited to, one previously elected official, one Personnel Board member, and one
citizen-at-large.
2.6.2 REVIEW RESPONSIBILITY
The committee shall review the full Council compensation package including salary,
benefits, expense reimbursement, professional development allowances and any other
compensation provided the City Council. Review should include, but shall not be limited
to: 1) compensation of Council and Mayors of cities of similar population/budget size; 2)
compensation practices of both Charter and General Law cities; 3) Government Code
provisions for General Law cities; 4)Council and Mayor responsibilities in San Luis Obispo
at the time of the committee's review; and, 5)any structural changes that may have occurred
in municipal government either as a result of State legislation or by actions of the local
electorate that may have added to or deducted from the duties and responsibilities of the
Council Members and/or Mayor.
Council Policies&Procedures Manual 2012 Page 17
i
CHAPTER 3
COUNCIL POWERS & APPOINTMENTS
3.1 MAYOR-POWER AND DUTIES
3.1.1 The Mayor shall preside at all meetings of the City Council and perform such other
duties consistent with the office as may be imposed by the Council or by vote of the
people. The Mayor shall be entitled to, and must vote when present,but shall
possess no veto power. As presiding officer of the Council,the Mayor will
faithfully communicate the will of the Council majority to the City Manager in
matters of policy. (Charter §407)
3.1.2 The Mayor shall be recognized as the official head of the City for all ceremonial
purposes and by the Governor for military purposes. In time of public danger or
calamity,the Mayor shall take command of the public forces,maintain order, and
enforce laws. (Charter§407)
3.1.3 The Mayor may order flags flown on City property to be lowered to half-staff in
mourning for any member of the community designated to have made significant
contributions to the City of San Luis Obispo, in accordance with recognized customs
or practices not inconsistent with State and Federal law.
3.1.4 The Mayor shall exercise such other powers and perform such other duties as may
be prescribed by law or ordinance or by resolution of the Council,except as limited
by this Charter. (Charter§407)
3.1.5 The Mayor may solemnize marriages while in office, (Family Code Section 400.1).
All rules and regulations for the rental of City facilities would apply.
3.2 APPOINTMENT OF VICE MAYOR
The appointment of the Vice Mayor shall be for a one-year term and is made on a rotational basis,
the appointment going to the next senior member. The Vice Mayor shall be appointed at the first
meeting in December.
3.3 FILLING COUNCIL VACANCIES
3.3.1 APPOINTMENT OR SPECIAL ELECTION
Per City Charter Section 406,the Council shall by a majority vote of the remaining Council
Members,appoint a replacement member to the Council within 30 days of the occurrence of
the vacancy. If the Council fails to fill the vacancy within thirty(30)days of its occurrence,
it shall call a special municipal election to fill the vacancy,to be held not sooner than ninety
(90)days or not later than one hundred and fifty(150)days following the occurrence of the
vacancy.
Council Policies&Procedures Manual 2012 Page 18
3.3.2 PUBLIC APPOINTMENT
In order that the public may know how its business is being conducted, all phases of the
Council process to appoint a replacement member to a vacancy shall be conducted in public.
3.3.3 ADVERTISE FOR APPLICANTS
At least ten days before Council meets the first time to select a replacement member for a
vacancy, the City shall advertise in a local newspaper of general circulation describing the
vacancy and term thereof, requesting applications from those persons interested in being
appointed. In the case of a vacancy due to a current Council Member elected to the Mayor's
seat, the City Clerk may advertise the vacancy once the County Registrar of Voters has
certified the election results.
3.3.4 QUALIFICATIONS
Although the only two established minimum qualifications for appointment are (1)
residency in the City for at least 30 days prior to appointment, and (2) elector status at the
time of appointment (Charter§ 403), each applicant shall submit a written statement of 500
words or less covering at least the following areas:
3.3.4.1 The amount of time available each week to devote to the Council.
3.3.4.2 Reasons for wanting to be appointed.
3.3.4.3 Involvement in community affairs and organizations,especially in the
preceding 23-month period.
3.3.4.4 Personal qualifications for the position.
3.3.4.5 Prior experience in government, or areas associated with or doing business
with government.
3.3.5 PUBLIC MEETING
3.3.5.1 At a time(s) selected by the Council, a meeting open to the public shall be
held by the Council to consider the selection of an applicant to fill the
vacancy.
3.3.5.2 The applications shall be given to the Council and be available to the
public at least four days before the opening of the meeting.
3.3.5.3 Members of the public may submit written comments regarding an
application at any time up to 24 hours before the meeting begins.
Council Policies&Procedures Manual 2012 Page 19
I) C)
3.3.5.4 At the meeting,each applicant wishing to serve should be present to verify
that he/she would be willing to serve if appointed, and that he/she is a
resident of the City. Each candidate will be given five minutes to make a
presentation to Council.
3.3.5.5 Thereafter, all discussion shall be confined to the Council except for
questions directed by the Council to staff or to members of the public.
3.3.5.6 Upon the conclusion of such discussion,the Mayor shall open the floor to
nominations by the remaining Council Members. All nominations,
seconding,and voting, shall be done audibly in public.
3.3.5.7 If Council is unable to reach consensus on the appointment and further
consideration is required, Council may adjourn the initial meeting to a
subsequent meeting within 30 days of the occurrence of the vacancy to
attempt to reach a decision.
3.4 ADMINISTERING OATHS: SUBPOENAS
Each member of the Council shall have the power to administer oaths and affirmations in any
investigation or proceeding pending before the Council. The Council shall have the power and
authority to compel the attendance of witnesses, to examine them under oath and compel the
production of evidence before it. Subpoenas may be issued in the name of the City and be attested
by the City Clerk. Disobedience of such subpoena or the refusal to testify (upon other than
constitutional grounds), shall be deemed contempt and shall be punishable as provided by the
general laws of the State. (Charter§ 507)
3.5 LIMITATIONS
No member of the Council shall be appointed to or serve as a voting member of any City
advisory body, whether composed of citizen volunteers, City employees, or a combination of both.
This is not to be construed as prohibiting members of the Council from serving on Committees or
Subcommittees of the Council itself, or of agencies representing other levels of government.
(Charter§ 508)
3.6 METHOD OF ACTION BY COUNCIL
All action by the Council shall be taken only by means of ordinance, resolution, or oral motion duly
made and passed.
Ordinances that prescribe rules applicable generally within the jurisdiction shall become a part of
the Municipal Code and so remain until amended or voided. All municipal laws relating to taxation
or to possible criminal action against an offender shall be in the form of ordinances.
Resolutions shall be serially numbered and filed sequentially in the Office of the City Clerk.
Council Policies&Procedures Manual 2012 Page 20
Oral motions shall be recorded only in the minutes of any regular or special meeting of the Council.
(Charter§ 601)
3.7 ORDINANCES
The consideration and adoption of ordinances shall be in accordance with the Charter and relevant
state law. Ordinances not legally required to have a public hearing shall be set for a public hearing
if the subject matter is controversial or of a special nature. Any Council Member, prior to the time
required for notice and publication, may request the City Manager to set a public hearing on an
ordinance.
No ordinance, resolution or other motion shall be passed or become effective without receiving the
affirmative vote of at least three members of the Council. (Charter§ 506)
3.8 ACCEPTANCE OF GRANTS OR DEEDS
The Mayor and Vice Mayor of the City of San Luis Obispo are hereby authorized to accept and
consent to the recording of any deed or grant conveying any interest in or easement upon real
property to the City of San Luis Obispo.
3.9 LEGISLATIVE ACTION PROGRAM
The City has adopted an aggressive legislative program to strengthen local government, promote
City goals, and defend the City against legislative actions by state and federal governments that
would weaken local government or take away traditional revenue sources.. In order to respond
promptly and proactively to fast-paced legislative changes, the City Council has authorized City
staff to take positions on legislation provided the positions are consistent with the Legislative
Action Priorities established annually by the City Council, and/or resolutions or
recommendations of the League of California Cities.
3.10 AMICUS CURIAE PARTICIPATION
The City is frequently requested to join as amicus curiae (friend of court) in cases of statewide
significance to cities. Because of the often short time limits for filing amicus curiae briefs, the
City Council has authorized the City Attorney to participate in such briefs, at no cost to the City,
if the Legal Advisory Committee of the League of California Cities has urged participation.
(Resolution No. 8443)
Council Policies&Procedures Manual 2012 Page 21
v
CHAPTER FOUR
THE BROWN ACT
4.1 APPLICABILITY AND PENALTIES
The entire City organization conducts its business in compliance with the Ralph M. Brown Act,
State Government Code Sections 54950. The intent of the Act is to ensure that deliberations and
actions of local public agencies are conducted in open and public meetings. The law provides for
misdemeanor penalties for members of a body who violate the Act (GC § 54959). In addition,
violations are subject to civil action(GC§ 54960). A current copy of the Act will be provided to all
Council Members assuming office, but the provisions that most directly affect the Council are
summarized in this Chapter.
4.2 MAJOR PROVISIONS
4.2.1 APPLICABILITY
The Act applies to Council, City staff and all bodies that advise Council. (GC § 54952.2)
4.2.2 MEETINGS
All meetings shall be open and public.
4.2.2.1 A meeting takes place whenever a quorum (three or more members) is
present and information about the business of the body is received;
discussions qualify for a meeting.
4.2.2.2 Serial meetings take place when any member of Council or City staff
contact more than one other Council Member for the purpose of
deliberating or acting upon an item pending before the City Council (does
not apply to the public or media).
4.2.2.3 Correspondence that merely takes a position,on an issue is acceptable.
(GC § 54953)
4.2.3 AGENDAS
Agendas for regular meetings must be posted 72 hours in advance of the meeting and must
meet statutory requirements. (GC § 54954.2)
4.2.4 ACTIONS
No action shall be taken on any item not appearing on the posted agenda. Exceptions:
4.2.4.1 An emergency situation exists (determined by a majority of the Council).
Council Policies&Procedures Manual 2012 Page 22
O •
4.2.4.2 The need to take action came to the attention of the City subsequent to the
agenda being posted(determined by 2/3 vote, i.e.4 votes,of the Council;
or if less than 2/3 are present, by unanimous vote).
4.2.4.3 The item was continued to another meeting that was scheduled and posted
within five days of the original agenda. (GC § 54954.2)
4.2.5 PUBLIC INPUT
The public has an opportunity to address the Council on any item of interest to the public
that is within the jurisdiction of the Council. The City has the right to establish time limits
on speakers and the total time allocated for a particular issue. (GC § 54954.3)
4.2.6 PUBLIC DISRUPTIONS
The Presiding Officer may call a recess if a speaker or group of speakers become unruly
and/or interferes with the orderly conduct of the meeting.
A portion or all of the public may be removed if willful disruption makes conducting the
meeting"unfeasible"; the press may remain unless they participate in the disruption. (GC §
54957.9)
4.2.7 CORRESPONDENCE
All writings received and/or distributed for discussion or consideration at a public meeting
are public records. (GC § 54957.5)
4.2.8 CLOSED SESSIONS MAY BE HELD TO DISCUSS:
4.2.8.1 Real Property. The purchase, sale,exchange or lease of real property with
the City's negotiator;the real property and the person(s)with whom the
City may negotiate must be announced in open session prior to the closed
session. (GC § 54956.8)
4.2.8.2 Litigation pending or a significant exposure to litigation,or the decision to
initiate litigation. The litigation or title must be identified in open session
prior to the closed session unless the Council states that to do so would
jeopardize its ability to conclude existing settlement negotiation or
effectuate service of process. A confidential memorandum from the City
Attorney must be submitted to Council no earlier than one week of the
closed session. (GC § 54956.9)
4.2.8.3 Compensation (salaries and benefits)of employees. To review its position
and instruct designated representatives. (GC § 54957.6)
Council Policies&Procedures Manual 2012 Page 23
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4.2.8.4 Personnel. The appointment,employment,evaluation of performance,or
dismissal,of a public employee, or to hear complaint against the
employee, unless the employee requests a public hearing. (GC § 549576)
43 SPECIAL MEETINGS
Special Meetings may be called by the Mayor or a majority of the Council,with strict notification
requirements delivered to the media and Council 24 hours before the time of the meeting. (GC §
54956)
4.4 EMERGENCY MEETINGS
Emergency meetings may be called without the normal 24 hour notice and posting requirements
if prompt action is required due to the disruption or threatened disruption of public facilities.
Only work stoppages, crippling disasters or other activities that severely impair the public health
and/or safety qualify for emergency meetings. (GC § 54956.5.)
4.5 ELECTRONIC MAIL (EMAIL),THE PUBLIC RECORDS ACT AND THE.
BROWN ACT
City email is no less a part of"official city business" than any other written correspondence, and
there is no expectation of privacy for City email messages. Good judgment and common sense
should therefore prevail at all times regarding its appropriate use. For further detail, please see the
City's"Electronic Mail Policy"and Chapter 5 of this manual.
City email is subject to disclosure under the Public Records Act and is subject to the requirements
of the Brown Act. While the Brown Act does not prohibit the use of email to make individual
contacts between members of the Council, or the public or staff, great care should be taken to avoid
the use of email to contact a majority of the Council, either individually or serially, "in a connected
plan to engage in collective deliberation on public business."
4.6 OTHER PROVISIONS
The Brown Act provides for many other restrictions and requirements; this chapter is intended
merely as a Council summary and overview of the Act, and nothing in this Chapter supersedes the
provisions of the Brown Act. Since State law constantly changes, it is important to ensure Council
has the latest information. Additional information may be obtained from the City Attorney and/or
the City Clerk.
Council Policies&Procedures Manual 2012 Page 24
CHAPTER FIVE
COUNCIL/STAFF RELATIONSHIPS AND CONDUCT
5.1 INTENT
The City Council as a whole retains full power to accept, reject, amend, influence, or
otherwise guide and direct staff actions, decisions, recommendations, workloads and
schedules, departmental priorities,and the conduct of City business.
This chapter addresses the relationship and conduct between Council Members and staff
with the intent of the Council to: 1) affirm that governing shall be by will of the collective
Council, and 2) establish guidelines for Council and staff to ensure orderly, consistent and
open City government.
5.2 GUIDELINES FOR COUNCIL MEMBERS
The Council shall recognize that the primary functions of staff are to execute Council policy
and actions taken by the Council,and to keep the Council informed.
5.2.1 REQUESTS FOR INFORMATION
Individual Council Members as well as the Council as a whole shall be permitted complete
freedom of access to any information requested of staff, and shall receive the full
cooperation and candor of staff in being provided with any requested information.
Council Members shall make routine requests for information through the appropriate
department head. Complex or comprehensive requests for information shall be made
through the City Manager.
5.2.2 DIRECTION TO STAFF
Generally, Council Members shall make requests for work to be done through the City
Manager. Individual members of the Council shall make no attempt to pressure or influence
staff decisions, recommendations, workloads, schedules, or departmental priorities without
the prior knowledge and approval of the Council as a whole.
5.3 GUIDELINES FOR STAFF
Staff shall recognize that its primary function is to execute Council policy and to keep the
Council informed. Staff shall present the Council with all relevant information, as well as
alternatives, in an objective, succinct manner. The City Manager and staff are committed to
treating each Council Member equally.
Council Policies&Procedures Manual 2012 Page 25
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5.3.1 TIMELY RESPONSE
City staff will make every effort to respond in a timely and professional manner to all
requests made by individual Council Members for information or assistance, provided that,
in the judgment of the City Manager the request is not of a magnitude, either in terms of
workload or policy, which would require that it more appropriately be assigned to staff
through the collective direction of the City Council. In terms of making this judgment, the
following guidelines should be considered: The request should be specific and limited in
scope so that staff can respond without altering other priorities and with only minimal delay
to other assignments; the request should only impose a 'one-time" work requirement, as
opposed to an on-going work requirement; the response to the request should not require a
significant allocation of staff resources (generally defined as consisting of more than one
staff person, or a single staff person working on the issue in excess of 1-2 hours).
5.3.2 DIRECTION FROM COUNCIL
Staff is obligated to take guidance and direction only from the Council as a whole or from
the appropriate management superiors as may be the case. Staff is directed to reject any
attempts by individual members of the Council to unduly influence or otherwise pressure
them into making, changing or otherwise suppressing staff decisions or recommendations,
or changing departmental work schedules and priorities. Staff shall report such attempts to
influence them in confidence to the City Manager, who may inform the Council as a whole
of such attempts.
5.3.3 STAFF SUPPORT TO INDIVIDUAL COUNCIL MEMBERS
An exception to the above guidelines may be staff work required in support of a Council
Member designated by the City Council to represent the City in an intergovernmental role
(e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a
special task force).
5.3.4 INFORMATION DISTRIBUTION
In cases where a staff response to an individual Council Member request involves written
material that may be of interest to other Council Members, the City Manager will provide
copies of the material to all other Council Members. In making this judgment, the City
Manager will consider whether the information is significant or new or otherwise not
available to the Council or of interest to the Council.
5.3.5 SIGNIFICANT INFORMATION
Any information, service-related needs,or policy positions perceived as necessary by
individual Council Members,which cannot be fulfilled per the above guidelines, should be
raised by the individual Council Member under the "Communications" category of a
regularly scheduled City Council meeting. If so directed by the collective action of the
Council Policies&Procedures Manual 2012 Page 26
Council,then staff will proceed to complete the work within Council established deadlines.
5.4 ACCESS TO COMMUNICATIONS/TECHNOLOGY SYSTEMS
The City will provide each Council Member with equal and appropriate communications
and technological devices to facilitate their public service and within the confines of the IT
standards for hardware and software specifications.
5.4.1 TELEPHONES
The City will provide at their request, each Council Member with direct access to the City's
telephone system from their homes. Information Technology(IT)staff will coordinate
installation of a telephone line and a telephone with voice mail and fax capability for
Council Member use at home while in office. The City's Telephone Use Policy applies to
Council Member use of these telephones.
5.4.2 COMPUTER WORKSTATIONS & REMOTE ACCESS POLICY
The City will provide each Council Member, at their request, with a complete computer
workstation and related City-standard software for their home use while in office. These
computers and software will be upgraded or replaced pursuant to the City's computer
replacement policy. Council Member access and use of the City's IT is subject to all City
guidelines concerning the use of its information technology resources. The most
important of these are:
• The City information systems exist solely for the purpose of conducting City
business,.not intended for personal use.
• All data (including electronic mail messages) is owned by the City and subject to
public disclosure.
• All software and hardware installations should be made by IT staff on City-owned
machines only. Except for screensavers, personal software is not allowed on City
workstations; and all application software must be owned by the City and used in
compliance with all software licensing agreements.
All City information technology policies are included in the Information Technology
Policies and Procedures Manual, which is available for Council Member review upon
request.
5.4.3 SECURITY
Each Council Member shall have a uniquely assigned user name and password for
security purposes. While this cannot guarantee privacy, confidentiality, or data security,
it is an important component of the City's overall system protection. Passwords should
never be shared with others.
Council Policies&Procedures Manual 2012 Page 27
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5.4.4 INTERNET ACCESS
Council Members are authorized to use the City Internet connection,which includes
electronic mail,for the purpose of conducting City business and communicating with the
public. The City Internet Access and Use Policy is applicable to Council Members.
5.4.5 ELECTRONIC MAIL (EMAIL)
Council Members will have access to the City electronic mail (Email)system that will allow
Email communication internal to the City and with others via the Internet. Email
correspondence sent and received by members of the City Council via the City website are
public records and subject to disclosure. The City Electronic Mail Policy is applicable to
Council Members.
5.4.6 SUPPORT RESPONSIBILITIES
5.4.6.1 IT staff is responsible for installing all remote access hardware and
software, including computer workstations, printers,telephones and fax
machines, and for removing them at the end of the Council Member's
term of office.
5.4.6.2 . Administration will coordinate training on standard City application
software,technical support and service, and provide related office
supplies.
5.4.7 COUNCIL MEMBER RESPONSIBILITIES
Council Members are responsible for using City information technology resources in
accordance with the City's normal policies, procedures, and guidelines.
Council Policies&Procedures Manual 2012 Page 28
CHAPTER SIX
ADVISORY BODY PROCEDURES
6.1 COUNCIL LIAISON SUBCOMMITTEE MEMBERS
6.1.1 APPOINTMENTS TO COUNCIL SUBCOMMITTEES
Subcommittee liaisons to advisory bodies are selected annually by the full Council, usually
in December. The Mayor and Vice Mayor shall submit recommendations to the full
Council, rotating nominations for Council Member Subcommittees,thereby ensuring an
opportunity for each member to serve as liaison at least once on each advisory body,when
possible. When terms of office do not allow each member to serve once, members with
greatest seniority shall have first right of selection.
6.1.2 ROLE
Council liaisons do not serve as ex-officio members of the advisory bodies, but rather as a
conduit to express the position of the Council and to gain a better understanding of the
issues considered by the advisory body.
6.1.3 COMMUNICATION
The purpose of the liaison assignment is to facilitate communication between the Council
and advisory body.
6.1.4 EDUCATION
Increase the Council's familiarity with the membership, programs,and issues of the advisory
body.
6.1.5 APPOINTMENT RECOMMENDATION
Interview applicants and make recommendations for appointments to the full Council.
6.1.6 _ ATTENDANCE
From time to time, attend advisory body meetings for observation purposes only. Liaison
members should be sensitive to the fact that they are not participating members of the
advisory body, but are there rather to create a linkage between the City Council and advisory
body. In interacting with advisory bodies, Council Members are to reflect the majority view
of the Council as a whole, rather than their own personal opinions.
Council Policies&Procedures Manual 2012 Page 29
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6.2 COUNTY OR REGIONAL REPRESENTATION
Annually,the Mayor shall make appointments to a variety of County and/or regional
committees and boards. One member of the Council shall serve as a voting representative
and one member shall serve as alternate. (See 6.6.2 for appointment procedures.) Voting
delegates shall reflect the majority view of the Council as a whole, rather than their own
personal opinions.
63 OTHER COUNCIL SUBCOMMITTEES
Council may establish subcommittees of no more than two members to address areas of
concern and/or study.
6.4 ROLE OF ADVISORY BODY MEMBERS AT COUNCIL MEETINGS
6.4.1 INTENT
To honor advisory body deliberations,views and positions on issues before Council;
enhance communications between Council and their advisory bodies;and allow
participation and input by advisory body members.
6.4.2 COUNCIL AGENDA REPORTS
6.4.2.1 Recommendation Differences. For those rare occasions when the City
Manager recommendation differs from an advisory body
recommendation,the difference should be clearly noted in a separate
paragraph following the City Manager recommendation. The Discussion
section contains information relating to the advisory body
recommendation.
6.4.2.2 The minutes of the advisory body item are included as an attachment to
the Agenda Report.
6.4.3 COUNCIL MEETINGS
6.4.3.1 On appeals or items brought by or through the advisory body,the Chair
(or Vice Chair,when the Chair is not available)may be seated next to the
department head. The department head makes the introduction;then the
Chair of the advisory body makes a brief presentation, representing the
position of the advisory body.
Council Policies&Procedures Manual 2012 Page 30
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6.4.3.2 Other members of the advisory body are free to appear and give testimony
before Council using the public microphone, after identifying whether
they are speaking as a representative of the advisory body or as a private
citizen.
6.4.4 RECOMMENDATIONS
Recommendations or Reports to Council must be in written form.
6.5 ROLE OF CITY STAFF PERSONS
Staff support and assistance may be provided or made available, but advisory bodies do not have
supervisory authority over City employees. While they may work closely with advisory bodies,
staff members remain responsible to their immediate supervisors and ultimately to the City Manager
and Council. The members are responsible for the functions of the advisory body and the
chairperson is responsible for committee compliance with the policies outlined in the Advisory
Body Handbook.
Staff support includes preparation of a summary agenda after approval by the Chairperson, and
preparation of agenda reports providing a brief background of the issue, a list of alternatives,
recommendations, and appropriate backup material, if necessary. Members of advisory bodies are
volunteers and should be treated with respect and courtesy. Advisory body members should have
sufficient information to reach decisions based upon a clear explanation of the issues. The assigned
staff person or designee serves as Secretary,taking minutes as needed.
It is important that advisory bodies wishing to communicate recommendations to the City Council
do so through adopted or approved Council agenda procedures. Staff members shall assist the
advising body Chair to insure appropriate legal review or City and State legislation is in compliance.
6.6 APPOINTMENT PROCEDURES
The following procedures shall be the policy of the City Council in regard to appointment of
volunteer citizens to the various advisory bodies of the City.
6.6.1 PURPOSE
The establishment of these procedures shall insure that well-qualified, responsible and
willing citizens are given the opportunity to serve the City and participate in the governing
of their community. These procedures will apply to all appointments and reappointments to
standing advisory bodies.
Council Policies&Procedures Manual 2012 Page 31
6.7 PROCESS
6.7.1 QUALIFICATIONS
6.7.1.1 With the following exceptions, only residents who are registered voters
within the City limits are eligible to apply to an advisory body.
Exceptions include the Tourism Business Improvement District (TBID)
Board, one representative from the TBID Board serving on the
Promotional Coordinating Committee, the Cal Poly employee and
student representatives serving on the MTC, and members of the
Housing Authority. In addition, part- or full-time City officials and
management employees are not eligible to apply.
6.7.1.2 The applicant must be at least 18 years of age at the time of appointment.
6.7.1.3 No member of the Council may be appointed to any office created by or
the compensation of which is increased by the Council, while a member
thereof, until one year after the expiration of the term for which elected.
(Charter§409)
6.7.2 TERMS
6.7.2.1 The term of office for each appointee to an advisory body shall be from
one year to a maximum of four years. The length of a term is dictated by
the principle that no more than two terms on any committee shall expire
each year.
6.7.2.2 No appointee shall serve on the same advisory body for more than two
consecutive, full terms (eight years), but may subsequently serve on
another advisory body unless noted otherwise. Exceptions include the
Housing Authority, Jack House Committee and Construction Board of
Appeals, which do not have term limits.
6.7.2.3 After a one-year interval, persons may reapply to serve on the same
advisory body.
6.7.2.4 Mid-term appointment to a vacant seat shall not preclude the appointee
from serving two additional consecutive full terms, provided that the
initial,partial term served is less than one year.
Council Policies&Procedures Manual 2012 Page 32
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6.7.2.5 Other Advisory Bodies. As a general policy, an applicant shall not be
appointed to serve on more than one advisory body, except that a member
may also serve on one technical or special-purpose committee at the
same time he or she is serving on a non-technical or non-special-purpose
committee. Except as noted, a member will be expected to resign from
one body upon being appointed to another.
6.7.3 PROCESS
6.7.3.1 Applications are obtained and filed with the City Clerk's Office.
6.7.3.2 In December of each year, the City Clerk shall advise the City Council of
the terms that are due to expire on each advisory body. The City Clerk
shall also notify each advisory member whose term is due to expire. Each
of these members shall be given the opportunity to apply for
reappointment unless the member has then served a total of eight(8) years
on that advisory body.
6.7.3.3 The City Clerk shall post/publish advertisements and take other
recruitment steps in accordance with statutory requirements and as
appropriate, inviting citizens to apply for vacant positions and provide
instructions regarding the application process.
6.7.3.4 Applicants will be encouraged to read the Advisory Body Handbook and
attend at least one meeting prior to the interview with the Council Liaison
Subcommittee.
6.7.3.5 The subcommittee shall interview qualified applicants, inviting the
advisory body Chair to attend (if the Chair is being considered for
reappointment, the Council Liaison Subcommittee shall designate another
representative).
6.7.3.6 The Council Liaison Subcommittee shall submit recommendations for
appointment to the entire Council. If a unanimous decision for
recommendation to the full Council cannot be reached, the Council shall
take a separate motion for each candidate proposed by each member of the
Council Liaison Subcommittee.
1 Technical and special purpose committees are formed to address defined subjects and frequently require members
with specific areas of expertise.
Council Policies&Procedures Manual 2012 Page 33
6.7.3.7 Applicants not appointed will be so advised and their applications held for
consideration in the event of a future vacancy for no less than one year.
Should a vacancy occur on the committee to which they applied, the City
Clerk's office will contact qualified applicants to determine whether they
want to be reconsidered for the vacancy. However, advertisement of the
vacancy must be made in accordance with statutory requirements and all
applicants will be considered for the vacancy.
Council Policies&Procedures Manual 2012 Page 34
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RESOLUTION NO. 10324 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO CREATING THE TASK
FORCE FOR THE LAND USE AND CIRCULATION ELEMENTS UPDATE AND
DEFINING ITS TERM AND CHARGE
WHEREAS, the Council of the City of San Luis Obispo appointed two General Plan
Advisory Committees to advise the City of San Luis Obispo during the last major update of the
Land Use and Circulation Elements adopted in 1994; and
WHEREAS, the City received a Strategic Growth Council grant in the amount of
$880,000 with strict performance timeframes to update the City's Land Use and Circulation
Elements; and
WHEREAS, in June 2011, the City Council approved goals for the 2011-2013 Financial
Plan including additional funding to support the update of the Land Use and Circulation
Elements; and
WHEREAS, public participation has been a long tradition in land use issues in the City
of San Luis Obispo and public involvement is essential in updating the 1994 Land Use and
Circulation Elements; and
WHEREAS, the public participation strategy calls for a Task Force for the Land Use and
Circulation Elements Update (TF-LUCE) to inform the update process at key milestones,
provide feedback and recommendations and disseminate information to each respective
stakeholder's related interest group; and
WHEREAS, previous direction from the City Council and good planning principles
confirm that city residents are critical to the General Plan update process; and
WHEREAS, the composition of the TF-LUCE should be representative of the
community interests with a requirement that participants live in the City; and
WHEREAS, establishing TF-LUCE Ground Rules and Terms of Engagement will
provide a framework for collaborative communication among stakeholders and decision-makers;
and
WHEREAS, the City Council has duly considered all evidence, including the testimony
of interested parties, and the evaluation and recommendations by staff presented at said hearing.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo that a General Plan Task Force is hereby created with a composition, term, charge,
ground rules and staff support as follows:
R 10324
Council Resolution No. 10324 (2012 Series) •
Page 2
SECTION 1. TF-LUCE. The Task Force for the Land Use and Circulation Element
shall be comprised of representatives to be appointed by the Council. The Task Force shall be
comprised of an odd number of participants.
SECTION 2. ACTION
1. Direct Staff to request an appointment from the Planning Commission for one member to
serve on the TF-LUCE by February 17, 2012.
2. Direct Staff to provide notice and solicit applications and resumes to serve on the TF-
LUCE to be submitted to the City Clerk by February 17,2012.
3. Task force members shall serve at the pleasure of the City Council and may, by a
majority Council vote, be appointed, dismissed, or replaced.
4. The TF-LUCE is hereby established until March 1, 2015, at which point it will no longer
be a standing committee with the possible,extension of this term to be considered by the City
Council prior to that time.
5. The purpose of the TF-LUCE is to advise the City in developing recommendations to
update the General Plan.
6. The City will provide staff support to the TF-LUCE, with the Community Development
Director to be primarily responsible for providing this support, to include preparation of
agendas, and minutes, compilation of material for discussion at TF-LUCE meetings, and
assistance with public outreach efforts.
7. The TF-LUCE Guidelines as shown in Exhibit A, and as may be amended by the City
Council, shall apply to the TF-LUCE upon formation by the City Council, including
compliance with the Ralph M. Brown Act governing open meetings for local government
bodies.
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, and
on the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Dan Carpenter and
Mayor Marx
NOES: None
ABSENT: None
Council Resolution No. 10324 (2012 Series)
Page 3
The foregoing resolution was adopted this 17`h day of January, 2012.
(I ng:::!�
Ma or an Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO FO
J.rhristin ietrick
Citorney
EXHIBIT A
TF-LUCE GUIDELINES
Guidelines for the Task Force for the Land Use and Circulation
Elements Update (TF-LUCE)
City of San Luis Obispo
Community Development Department
1. Introduction
The purpose of these Guidelines is twofold:
1) To clarify the respective roles of the each participant in the citizen advisory
committee process; and
2) To outline the roles, responsibilities and relationship of TF-LUCE and Staff to
clarify expectations and understanding of the overall process, so that TF-
LUCE and Staff contribute to moving toward accomplishing the committee's
specific goals within an appropriate schedule and budget.
The advisory committee process is a collaborative one involving an often diverse array
of individuals, stakeholders, and viewpoints, levels of expertise and matters of concern.
The public, TF-LUCE appointees, and respective Community Development Department
staff (CDD staff), and staff from other agencies and offices all benefit in having a clear
understanding of their respective roles and responsibilities in the committees' conduct of
their official business.
An effort has been made to cover all essential aspects of the committee operations,
such as how appointments are made, how long each member's term is, the
responsibilities of different participants, conflict of interest issues, and meeting
procedures. Nonetheless, these Guidelines are not exhaustive, they do not incorporate
statutes and regulations which may apply to TF-LUCE operations, e.g. State open
meetings law (Brown Act). The Guidelines strive to make adequate reference to other
rules, as appropriate.
2. Applicability
These Guidelines apply to the Council-appointed General Plan Task Force whose
primary mission involves products and activities of the General Plan Update process.
1
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3. Establishment of TF-LUCE
The TF-LUCE is being established to advise the City on matters related to the update of
the Land Use and Circulation Elements of the General Plan. The advice provided by the
TF-LUCE is communicated to City staff which is tasked with providing recommendations
to Advisory Bodies and City Council. This task force is appointed by the City Council; its
establishment is not specifically required by any State laws or regulations. Therefore,
the City Council has discretion to create, modify, and terminate the TF-LUCE, its
membership, mission statement, schedule, etc. at any time. The TF-LUCE is an agent
of the City of San Luis Obispo and members should be cognizant that their actions as
individuals or as a whole can have consequences to the City.
4. Committee Authority
The TF-LUCE is advisory in nature and has no authority to approve, deny, or require
modification to any policy or project under the task force's consideration. The task
force's advice shall be conveyed to Advisory Bodies, Planning Commission and City
Council in all staff reports. City staff will acknowledge TF-LUCE input in formulation of
recommendations for action by Advisory bodies and City Council and will note where a
differing recommendation is being made and the reasons for the difference. When
recording votes in meeting minutes, members voting for and against items will be noted.
Staff is assigned responsibility for the timely completion of Council-approved General
Plan update work program.
5. Appointment Process and Membership Term
A) Size
The size of a TF-LUCE shall be established by the City Council upon creation of the
task force. The task force shall have an odd number of members; this eliminates
ambiguity as to what constitutes a quorum, and minimizes the possibility of tie votes_
B) Composition
The composition of a TF-LUCE shall be determined at the time of its creation, to ensure
that specific community segments and/or other interest groups are represented in the
membership. All members must be residents of the City of San Luis Obispo. Paid
advocates will not be considered to serve on the TF-LUCE. The TF-LUCE will be
created by Council resolution.
C) Vacancies and Application Process
A vacancy or vacancies on a TF-LUCE shall exist:
1) When the committee is created
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2) When a member or members is/are formally removed by the City Council, or
3) When the Council receives and acknowledges a letter of resignation from an
incumbent.
Vacancies on the TF-LUCE shall be advertised by the City Clerk in the same manner as
the original appointments by the Council. Applications for TF-LUCE membership shall
be submitted on forms provided by the City Clerk, and shall be accepted by the Clerk.
The temporary absence of members to fill vacancies as described in this section shall
not affect a recommendation by staff and/or the TF-LUCE to Advisory Bodies or to the
Council.
D) Selection Process
Upon the close of an application period, a copy of each application submitted will be
given to the Council for review. Appointment(s) shall be made by the full Council. When
considering members, a goal of geographical representation in the selection process
will be weighed. All members must be residents of the City of San Luis Obispo. Paid
advocates will not be considered to serve on the TF-LUCE.
E) Term of Office
The term of office for a TF-LUCE and its members is established by the City Council
when it creates the committee. The TF-LUCE shall serve at the discretion of the Council
for the term of appointment outlined in a resolution.
6. Task Force Operations
A) Task Force Mission and Responsibilities
The specific mission for the TF-LUCE and its term of service shall be to:
1) Advise the City in the development of recommendations during the process of
discussing issues, opportunities and vision; reviewing alternatives; and
developing policy as part of the General Plan update.
2) Review and comment upon other matters related to the TF-LUCE's function
as part of the General Plan update, upon specific direction by the City
Council.
B) Officers and Rules of Conduct
The responsibilities of the TF-LUCE also include an election of officers, consisting of at
least a Chair, Vice-Chair, and Recording Secretary. The Chair shall lead all meetings,
be the primary spokesperson for the TF-LUCE, and be the primary committee liaison to
City staff and the public. Staff in consultation with the Chairperson shall develop the
agenda for each TF-LUCE meeting. The Vice-Chair shall fulfill the duties of Chair in the
latter's absence. The Recording Secretary will be the Community Development Director
or his/her designee, who will take action minutes of motions and make a digital
3
recording of each meeting. At a minimum, these minutes shall clearly convey actions
and motions taken by the TF-LUCE. These minutes are to be considered, amended as
needed and approved by the full task force at the earliest possible time, and signed by
the Chairperson. In addition, the task force may adopt specific rules of conduct and
procedure, as long as such rules are consistent with applicable laws and regulations
(including these Guidelines).
C) Meeting Procedure
The TF-LUCE is subject to the Brown Act, which set standards for public notice as to
meeting time, date and location as well as items to be discussed. Significant
implications are as follows:
1) Noticing of all TF-LUCE meetings, including time, location and an agenda,
must be posted in a public place within the applicable area. Efforts should be
made to provide adequate public notice beyond minimum Brown Act
requirements of seventy-two (72) hours.
2) All TF-LUCE meetings must be open and public. Meetings are to be held in a
facility which makes adequate provision for attendance by all interested
members of the public.
3) Members of the public are to be given an opportunity to speak to the TF-
LUCE on any regular agenda item at the time it is being discussed. Members
of the public will also be given an opportunity to speak to any relevant non-
agenda item. All public speakers are subject to reasonable time constraints
established by the TF-LUCE Chairperson and any adopted procedures. All
public speakers are to identify their names and relevant business and/or
personal interests they are representing for the record.
4) The TF-LUCE will attempt to establish a consistent regular meeting time and
location in their rules of conduct.
5) Minutes of TF-LUCE meetings will be kept on file by the Community
Development Department. These minutes shall be available for any interested
person to examine.
6) All TF-LUCEs will elect officers no later than its second meeting and until
such time, the appointed Planning Commissioner shall serve as the Chair
Pro-Tem.
7) Meetings shall run in a parliamentary style. Substantive issues will have
higher priority than matters of procedural detail. The Chair has discretion in
guiding discussion of items among TF-LUCE members while allowing for
appropriate public input.
8) Staff may address the TF-LUCE at any time, with timely recognition by the
Chair.
9) Quorum: A majority of the members of the TF-LUCE constitute a quorum.
Decisions are made by a majority of the members present and voting. No
business may be transacted if fewer than a quorum is present. Formal votes
by a committee are to have a motion and second, prior to allowing further
discussion and a vote.
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10) Members of the TF-LUCE shall not vote on issues which involve a legal or
ethical conflict of interest or duty (See section 7)
11) Subcommittees: TF-LUCEs may select subcommittees to focus on issues or
subjects meriting more detailed work outside of the full task force.
Subcommittees are made up of TF-LUCE members only, and must number
fewer than a quorum of the full TF-LUCE. Subcommittee meeting
arrangements may be set by either the staff or the TF-LUCE. Such meetings
are not legally required to be noticed or posted, but every effort should be
made by a subcommittee officer or member to notice and/or post the
meetings, as they are open to any interested member of the public.
Information about their time and location is to be made available through the
overall TF-LUCE secretary and through CDD staff. Subcommittees shall
choose a Chair and a Vice-Chair, and may choose a Recording Secretary for
preparing informal minutes. A report from any subcommittee meeting shall be
made at the next full TF-LUCE meeting. Staff support for subcommittee
meetings may be provided, but is not required.
D) Attendance
TF-LUCE members shall make every effort to attend regular meetings. Any member
who is unable to attend any meeting shall contact the TF-LUCE Chair or Community
Development Department staff at least seventy-two (72) hours prior to the meeting.
Three (3) consecutive unannounced absences or five (5) consecutive absences by a
member shall be grounds for dismissal from the TF-LUCE, subject to the discretion of
the Council.
E) Appearance on TF-LUCE's behalf
The Chair, Vice-Chair, or other duly authorized TF-LUCE member shall speak for the
task force at any applicable non-TF-LUCE public hearing or other meeting as authorized
by the TF-LUCE. Individual members of TF-LUCE not so designated, who do testify at a
public hearing or other meeting, shall clearly identify themselves as speaking
individually as a member of TF-LUCE, and shall clearly indicate that they are not
authorized to speak for the full committee.
F) Timely adjournment of evening meetings
To encourage public participation, evening meetings of TF-LUCEs will be organized,
agendized, and run so as to finish at a reasonable hour. If a particular TF-LUCE finds its
evening meetings habitually running past 9:30 PM, staff and the Chair will work together
to shorten the agendas and , if necessary, to expedite task force discussion and action
on items.
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7. Conflicts of Interest
TF-LUCE members are not considered to be "public officials" as defined in § 82048 of
the California Government Code, and therefore are not subject to the State Political
Reform Act and its disclosure provisions (Government Code §§ 81000 et seq.).
Nevertheless, TF-LUCE members shall remove themselves from all discussions and
votes on matters in which they have any direct personal financial interest, or where the
member's professional allegiance and/or personal bias cannot be set aside to allow the
member's fair consideration of the issue(s) at hand.
In gauging such extra-legal conflicts of interest and/or duty, each member shall exercise
careful judgment and introspection in giving priority to the interests of fairness and
objectivity; if there is any reasonable doubt that the member has a conflict, the member
shall refrain from participation in the task force's deliberations and vote(s). Should a
member not refrain voluntarily, and should the member's participation specifically be
challenged by another TF-LUCE member, staff, or the public, the member's
participation on any item of official task force business may be prevented by a two-thirds
majority vote of the full TF-LUCE (i.e., at least two-thirds of the total incumbent
membership, including the member in question). Pervasive or recurring conflicts of
interest and/or duty should lead a member to resign voluntarily from a TF-LUCE, and
may be grounds for a dismissal by the Council.
8. TF-LUCE and Staff Responsibilities
A) TF-LUCE Member Responsibilities
The responsibilities of the individual TF-LUCE members include:
1) Punctually and fully attend all regular and special meetings of the TF-LUCE
and all relevant subcommittee meetings, to the maximum possible extent;
2) Come to all meetings fully prepared, having reviewed the agenda and all
related written/graphic material available before the meeting;
3) Conscientiously follow high ethical standards in putting the broad public
interest ahead of any personal interest and/or bias, and to abstain from all
discussions and votes where this is not possible;
4) Promote full and open discussion of all matters of official task force business;
5) Support the task force Chair, Vice-Chair, and staff in maintaining order,
keeping discussions relevant to the business at hand, and following proper
procedures, while giving primary attention to matters of substance.
6) Be cognizant of the grant time frame and constraints and strive to comment
on products/concepts presented in a productive and expeditious manner.
B) CDD Staff Responsibilities
Staff responsibilities in supporting the TF-LUCE include:
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1) Timely completion of deliverables within budget.
2) Schedule all TF-LUCE meetings pertaining to General Plan update issues,
make arrangements for all facilities, distribute written/graphic materials,
notices, agendas, etc. For such meetings, coordinate necessary staff
participation and guest speakers;
3) For TF-LUCE meetings as appropriate, prepare recommendations and other
material for TF-LUCE review and comment. Advise the TF-LUCE on matters
of both substance and procedure;
4) Assist the TF-LUCE Chair in promoting full and open participation by all TF-
LUCE members and other people in attendance at any meeting, keeping
discussion pertinent to the business at hand;
5) Handle information requests for material and general information related to
the official business of the TF-LUCE;
6) Report the TF-LUCE's activities, recommendations and comments to
Advisory Bodies or other decision-makers and officials within the framework
of the overall presentation of staff recommendation on a task force product-
goal (i.e. a draft element policy update, a technical element or portion
thereof);
7) Ccordinate with the Chair and Secretary on TF-LUCE meeting schedules.
C) City Attorney
Staff support to the TF-LUCE will not be provided by the City Attorney. Specific legal
issues are to be directed through CDD to the City Attorney for response.
7
RESOLUTION NO. 10325 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO ACCEPTING
THE PUBLIC IMPROVEMENTS FOR ORCUTT ROAD FRONTAGE AND
SACRAMENTO DRIVE FOR TRACT 2707(953 ORCUTT ROAD)
WHEREAS, the City Council made certain findings concerning Tract 2707, as
prescribed in Resolution No. 9748 (2005 Series); and
WHEREAS, the City Council approved the final map for Tract 2707 per Resolution No.
9928 (2007 Series); and
WHEREAS, the subdivider has satisfactorily completed the Orcutt Road frontage
improvements for Tract 2707, in accordance with City standards, specifications, and the
subdivision agreement, and has requested acceptance of the public improvements for
maintenance and operation by the City; and
WHEREAS, the subdivider has completed a majority of the Sacramento Drive public
improvements for Tract 2707, in accordance with City standards, specifications, and the
subdivision agreement, and has requested acceptance of the public improvements for
maintenance and operation by the City; and
WHEREAS, easements for the bus pullout on Orcutt Road and a portion of street and
bridge improvements on Sacramento Drive are still required.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. The City Council hereby accepts the Orcutt Road frontage improvements
for Tract 2707.
SECTION 2. With the exception of the street lights along Sacramento Drive and the
temporary asphalt berm and sidewalk on the west side of Sacramento Drive, the City Council
hereby accepts the Sacramento Drive public improvements for Tract 2707.
SECTION 3. The Faithful Performance security in the amount of $1,285,740
guaranteeing completion of the Orcutt Road and Sacramento Drive public improvements may be
released upon submittal of the following items:
1. Approved record drawings for Orcutt Road and Sacramento Drive; and
2. A $128,600 security to guarantee completion of the remaining Sacramento Drive
improvements and to warranty all of the improvements for one year after acceptance; and
3. Certificate of Deposit(s) to guarantee completion of the Orcutt Road and Sacramento
Drive easements in an amount approved by the Director of Public Works.
R 10325
Resolution No. 10325 (2012 Series)
Page 2
SECTION 4. The corresponding Labor & Materials security may be released after 90
days from the date of acceptance of the improvements in accordance with Section 66499.7(h) of
the California Government Code.
SECTION 5. The Director of Public Works is hereby authorized to accept the remaining
Sacramento Drive public improvements and to release the remaining Sacramento Drive
securities on behalf of the City Council once the work is completed to the satisfaction of the City
Engineer.
SECTION 6. The security guaranteeing the workmanship and materials may be released
by the Director of Public Works upon the successful completion of the 12 month warranty time
period from the date of acceptance of the improvements.
Upon motion of Council Member Ashbaugh, seconded by Council Member Smith, and on
the following vote:
AYES: Council Members Ashbaugh, Carter and Smith,Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of January 2012.
Ma Jan Marx
ATTEST:
Elaina Cano
City Clerk
;APPROVED S TO FORM:
' ne Dietrick
Attorney
RESOLUTION NO. 10326(2012 Series)
A RESOLUTION OF THE COUNCIL OF THE CITY OF SAN LUIS OBISPO
UPHOLDING AN APPEAL TO THE TREE COMMITTEE DECISION
TO DENY A TREE REMOVAL REQUEST AT 539 CERRO ROMAULDO
WHEREAS, the Tree Committee of the City of San Luis Obispo held a public hearing on
November 28,2011,and denied the property owner's request to remove two palm trees located in the
front yard at 539 Cerro Romauldo, San Luis Obispo, California("Property"); and
WHEREAS, on January 17, 2012, the City Council of the City of San Luis Obispo held a
public hearing to consider the appeal of the Tree Committee's decision to deny the removal of two
palm trees at the Property,
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings: The City Council, after consideration of the property owner's
appeal, from the San Luis Obispo Tree Committee's action, and staff recommendations and reports
thereon,and public testimony makes the following findings:
a. The trees have the potential to cause damage to the Property due to falling fronds
b. The removal of two palm trees in the yard at the Property will promote good arboricultural
practice.
c. Removing the trees will not harm the character or environment of the surrounding
neighborhood.
SECTION 2. The appeal of the Tree Committee's decision to deny the property owner's
request to remove two palm trees located in the front yard at 539 Cerro Romauldo,San Luis Obispo,
California is hereby upheld,and therefore removal of the palm trees is approved subject to the
condition that the appellant plant two replacement trees as directed by the City Arborist
Upon motion of Council Member Carter, seconded by Council Member Ashbaugh,
and on the following vote:
AYES: Council Members Ashbaugh, Carter, and Smith, Vice Mayor Carpenter
and Mayor Marx
NOES: None
ABSENT: None
R 10326
Resolution No. 10326 (2012 Series)
Page 2
The foregoing resolution was adopted this 17`h day of January 2012.
J ' Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED A TO FORM:
i
it `
J.IChriromey
ietrick
Ci
n O
RESOLUTION NO. 10327(2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO
CITY COUNCIL DENYING AN APPEAL OF THE PLANNING COMMISSION'S
DECISION TO UPHOLD THE ADMINISTRATIVE HEARING OFFICER'S DECISION
TO REVOKE THE HOME OCCUPATION PERMIT FOR PIANO LESSONS AT 1247
VISTA DEL LAGO(AP-CC 2-11)
WHEREAS, the Administrative Hearing Officer revoked the appellant's home occupation
permit to allow piano lessons at 1247 Vista Del Lago; in the R-1-PD zone on November 4, 2011;
and,
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted public
hearings in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
December 14, 2011, for the purpose of considering application # AP-PC 2-11, an appeal of the.
Administrative Hearing Officer's decision to revoke the home occupation permit for piano lessons
at 1247 Vista Del Lago; 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 January 17,
2011 to consider an appeal of the Planning Commission's Decision to deny the appeal and uphold
the Administrative Hearing Officer's decision to revoke the home occupation; and
WHEREAS, the City Council has duly considered all evidence, including the testimony of
interested parties, and the evaluation and recommendations by staff, presented at said hearing.
NOW,THEREFORE, BE IT RESOLVED by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Findings. The Council makes the following findings:
1. Continued operation of the business will adversely affect the health, safety, or welfare of
persons living in the vicinity and will interfere with residential welfare in the area.
2. The use is not consistent with Home Occupation Regulations of Municipal Code Section
17.08.090 A. which states that home occupations are intended to allow a home enterprise which
is incidental to and compatible with surrounding residential uses.
3. The piano instruction business is incompatible with General Plan Policy LUE 2.2.13,
Non-Residential Activities, since the business is not compatible with the adjoining residence and
surrounding residences.
SECTION 2. Environmental Determination. The project is categorically exempt under
Section 15270(a), since CEQA does not apply to projects which a public agency rejects or
disapproves.
R 10327
Resolution No. 10327 (2012 Series)
O
Page 2
SECTION 3. Denial of Appeal and Revocation of Home Occupation Permit. The City
Council denies the appeal and revokes the Home Occupation Permit. The Home Occupation may
continue operation through April 30, 2012, subject to the requirement that the grand piano shall not
be played, and the upright piano shall be moved out of the main dining and living area where it can
be heard in the interior of the dwelling with the adjoining wall.
Upon motion of Mayor Marx, seconded by Council Member Carter and on the following
vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of January, 2012.
a or Jan Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED S TO FORM:
1:i:
J. C stine ietrick
Attorney
O
RESOLUTION NO. 10328 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING
THE CITY MANAGER TO AWARD A CONTRACT FOR THE IMMEDIATE
REPLACEMENT OF THE SEWERLINE CREEK CROSSING
WHEREAS, on November 29, 2011, City staff identified a structurally unsound,
unsupported sewerline in imminent danger of failure at a location that crosses a creek; and
WHEREAS, if the City does not replace the sewerline in this timeline the health, safety
and welfare of the public will be compromised; and
WHEREAS, at least four-fifths of the City Council finds that an emergency exists due
the condition of the sewerline, which requires immediate replacement; and
WHEREAS, the City has prepared a plans and specification package for the replacement
of the sewerline; and
WHEREAS, the City may suspend bidding requirements for emergency projects when in
the best interest of the public.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Effective Date. This Resolution shall take effect immediately upon its
passage and adoption.
SECTION 2. Pursuant to Public Contract Code section 20168 and 22050, the City
Council hereby declares that the sewerline's serious structural deficiencies constitute an
emergency that requires the City to replace the sewerline immediately.
SECTION 3. Pursuant to Public Contract Code section 20168 and 22050, and any other
applicable exception, the City hereby suspends the application of public bidding requirements
found in the Charter and state law for the replacement of the sewerline.
SECTION 4. The City Council authorizes the City Manager to execute an agreement
between the City of San Luis Obispo and the Contractor for the replacement of the sewerline.
SECTION 5. The City Manager is hereby authorized to enter into a contract with the
contractor who submits the lowest, responsible estimate to perform the work necessary to
relocate the replacement of the sewerline not to exceed the Engineer's Estimate, and to take any
other action as deemed appropriate to abate the threat to the public's health, safety and welfare
caused by the sewerline. If the City Manager takes any further action or must enter into a
contract that exceeds the Engineer's Estimate, the City Manager shall report such action taken to
the City Council at the next regularly scheduled meeting. The authority granted to the City
Manager herein shall terminate upon completion of the replacement of the sewerline.
R 10328
Resolution No. 10328 (2012 Series)
Page 2
Upon motion of Vice Mayor Carpenter, seconded by Council Member Smith, and on the
following vote:
AYES: Council Members Ashbaugh, Carter and Smith,Vice Mayor Carpenter
and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of January 2012.
( , 2L/?�
May Jan Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS FO
J. Cvttomey
e Dietrick
Ci
RESOLUTION NO. 10329 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO AUTHORIZING A SERVICES
AGREEMENT WITH PACIFIC GAS AND ELECTRIC COMPANY PURSUANT TO
CALIFORNIA GOVERNMENT CODE SECTION 4217
WHEREAS, the City of San Luis Obispo desires to install certain Energy Efficiency and
Renewable Energy Upgrades; and
WHEREAS, Section 907 of the City Charter exempts energy projects from the
requirements of Article IX of the City Charter; and
WHEREAS, the State of California Government Code 4217 authorizes local
municipalities to enter into energy services and financing agreement, outside of the adopted
procurement process, that the governing body finds best serves the public agency; and
WHEREAS, the City Council desires to use the California Government Code 4217 as a
basis to negotiate contracts and possible financing for certain Energy Efficiency and Renewable
Energy Upgrades to utilize programs offered by its energy provider Pacific, Gas & Electric
Company ("PG&E"); and
WHEREAS, the City Council considered the aforementioned contracts with PG&E at a
public hearing during a regularly scheduled meeting on January 17, 2012, public notice of which
was given at least two weeks in advance.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1. Findings: Based upon the City's staff report, which included projections
for electrical energy rates from PG&E which provides electricity to the City of San Luis Obispo,
and other evidence presented at the public hearing, the Council hereby finds:
1. The energy efficiency and renewable energy project subject to Government Code 4217
and Article IX Section 907 of the City Charter are unique and provide benefits to the public;
2. The anticipated cost to the City for the energy efficiency and renewable energy upgrades
under the contract with PG&E will be less than the anticipated marginal cost to the City for the
electrical energy that would have been consumed by the City in the absence of those purchases;
3. The project is exempt from Article IX Section 901 of the City Charter and is allowed by
Government Code 4217 as an energy efficiency and renewable energy project.
SECTION 2. The City approves the agreement substantially in the form attached as
Exhibit A.
R 10329
Resolution No. 10329 (2012 Series)
Page 2
SECTION 3. The City Council authorizes the City Manager to execute the Service
Agreement and the Work Order with PG&E for the Investment Grade Analysis of Energy
Efficiency and Renewable Energy Upgrades, subject to the City Attorney's approval as to the
form of the agreements.
Upon motion of Council Member Ashbaugh, seconded by Council Member Carter, and
on the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter and
Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 17th day of January 2012.
May J Marx
ATTEST:
Elaina Cano
City Clerk
APPROVED SNTO FO
C ` t e Dietrick
CO/Attorney
® Exhibit A
SERVICES AGREEMENT
This Services Agreement is made and entered into as of 2011 ("Effective
Date") by and between with offices at
("Customer") and Pacific Gas and Electric Company, California
corporation, with offices at 77 Beale Street, San Francisco, California 94105 ("PG&E"). Customer and
PG&E shall each individually be referred to as a"Party"and together constitute the"Parties."
RECITALS
WHEREAS, Customer desires assistance in implementing energy conservation and management
services and other energy-related projects and services at one or more of its facilities located in PG&E's
service territory;
WHEREAS, PG&E desires to assist Customer implement the energy conservation measures as
more fully set forth herein; and
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements
set out in this Agreement, Customer and PG&E agree as follows:
1. DEFINITIONS. In addition to those definitions set forth elsewhere in this Agreement, the following
capitalized terms shall have the meanings set forth below:
1.1 "Agreement" shall mean this Agreement, and all such Agreement's Exhibits, Work Orders and
Change Orders, all of which are incorporated herein, as such Agreement, Exhibits, Work Orders or
Change Orders may be amended, changed or modified from time to time.
1.2 "Change" shall mean: (a) any material addition to, deletion from, suspension of or other
modification that materially affects the design, configuration, quality, or function of the Project or the
Services; (b) a change or modification to or repeal of an applicable law after the Effective Date, (c)delay
or other demonstrable material adverse impact to the Work Order resulting from a Force Majeure Event,
or (d) any applicable performance or compliance requirement which Customer may newly articulate or
revise during the Term.
1.3 "Change Order" shall mean a written document signed by the Parties that describes a Change to
the Scope of Work or Work Order, and authorizes and directs PG&E to perform such Change. The
Change Order may also authorize the additional compensation, if any, to be paid PG&E to perform such
Change.
1.4 "Investment Grade Audit' shall mean the detailed analysis of all or a portion of a Facility to
determine the technical and financial feasibility of implementing, operating and maintaining one or more
ECMs at such Facility.
1.5 "Energy Conservation Measures ("ECM")"means an energy conservation measure which may
include a feasibility study, engineering and design (e.g., Investment Grade Audit), operation and
maintenance.
1.6 "Facility(ies)" shall mean the above-ground buildings and related premises owned or leased by
Customer as set forth in the applicable Delivery Order.
Page 1 of 14
o
Exhibit A
1.7 "Force Majeure Event"shall mean any cause,act, event, condition or other occurrence materially
impacting the Work or the Schedule not caused by the Party asserting the Force Majeure Event and that
is beyond the control of such Parry to avoid, overcome or remedy through the exercise of due diligence
and reasonable efforts. Without limiting the foregoing, the following are examples of Force Majeure
Events: acts of God and the public enemy; the relocation, repair, shut down, or construction of PG&E
transmission or distribution facilities; flood, earthquake, tornado, storm, fire, power failures, epidemics,
civil disobedience, labor disputes, shortage of components and supplies.
1.8 "Material Changed Condition" shall mean the unforeseeable or unanticipated discovery of the
presence of Hazardous Materials or other unanticipated or unforeseeable condition or circumstance, at or
near a Facility or Project site that has occurred or has been discovered after the Work has commenced
that materially impacts the Schedule, the Work or PG&E's costs to perform the Work, was not caused by
PG&E and that PG&E could not have discovered through the exercise of reasonable due diligence. Only
by way of example, a Material Changed Condition includes but is not limited to (i)Hazardous Materials
or other differing and unexpected site conditions, surface or subsurface conditions, (ii) adverse weather
conditions unusual to the area where the Work is to be performed and that could not have been
anticipated and that materially impacts the Work or Schedule; or (iii) unforeseeable material delays in
Equipment, material deliveries or the availability of labor that materially impacts the Work or Project
Schedule.
1.9 "Project" shall mean energy efficiency, energy conservation, energy management, energy
production or other energy-related measures or projects; or any other energy-related matter, measure or
project that is, or will become, the subject of a Work Order.
1.10 "Services"mean, collectively all activities to be performed by PG&E pursuant to this Agreement
to complete a Project, including, without limitation, preliminary and/or Investment Grade Audit, design,
Equipment or materials procurement, construction, installation, testing, completion, maintenance and
operation of a Project. Work shall also include all labor, services, Equipment fabrication, assembly,
modification, repair and replacement, and other activities as the Parties may agree upon and are set forth
in a Work Order.
1.11 "Scope of Work" shall mean all of the Services to be performed by PG&E and/or its
Subcontractors pursuant to the terms and conditions of a Work Order, and any Change Orders to a Work
Order, as well as all other efforts of PG&E and other entities with respect to such Work Order, for the
implementation of an ECM alone or as part of a Project pursuant to the terms and conditions of this
Agreement and as specifically described in each Work Order and applicable Change Orders.
1.13 "Subcontractor" shall mean any corporation, limited liability company, partnership, association,
or individual hired by PG&E to perform Services.
1.14 "Substantial Completion" shall mean the Project is generally capable of being used for or of
achieving the purpose intended by the Work Order.
1.15 "Work Order" means the document executed by both Parties to complete the Services identified
in such Work Order. Each Work Order shall be subject to the terms and conditions of this Agreement
and the terms and conditions set forth in such Work Order. If there is a conflict between the Work Order
or Change Orders and the terms and conditions of this Agreement, such Work Order/Change Order shall
take precedence and shall establish the Scope of Work of each Project.
Page 2 of 14
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Exhibit A
2. SCOPE. This Agreement sets forth the terms and conditions under which PG&E may assist
Customer implement ECMs at one or more of Customer's Facilities through Work Orders. This
Agreement sets forth the terms and conditions under which Work Orders may be entered into by the
Parties. All Work Orders shall be subject to and governed by this Agreement.
3. RELATIONSHIP OF THE PARTIES.
3.1 Independent Contractors. The Parties are independent contractors. Nothing herein shall
be construed as creating any agency, partnership, or other form of joint enterprise between the Parties
and neither Party may create any obligations or responsibilities on behalf of the other Party.
3.2 Subcontractors. PG&E may subcontract its obligations hereunder to other persons or
entities in order to perform the Services hereunder. PG&E agrees to impose on its Subcontractors
obligations consistent with those set forth in this Agreement with respect to safety, security,
confidentiality, insurance and indemnification. The fees and costs billed to Customer shall be inclusive
of any and all fees and compensation due to any Subcontractors.
3.2.1 Subcontractor Selection. PG&E may perform some or all of the Services under a
Work Order itself or through Subcontractors. Subcontractor selection shall be based on cost,experience,
past performance, reliability and such other factors as practicably related to the Customer's needs.
3.3 Proiect Management.
3.3.1 Authorized Persons. Customer and PG&E will each designate an employee who
is sufficiently experienced to provide the information and support necessary to the other party for the
performance of this Agreement (the "Authorized Person"). The Authorized Person for each party shall
be the primary point of contact for inquiries and requests. Each such Authorized Person shall provide the
other with such information and assistance as may be reasonably requested by the other from time to time
for the purpose of the performance of this Agreement.
3.3.2 Aonrovals. The Authorized Person for each parry will have the authority to
issue, execute, receive, grant and provide any and all approvals, requests, notices and other
communications permitted, required or requested by the other party; provided, however, that neither
Customer nor PG&E shall rely for any purpose on any oral communication not confirmed in writing by
an Authorized Person within twenty-four (24) hours, and provided however, that neither Customer nor
PG&E shall rely for any purpose on any oral communication which would have the effect of amending
this Agreement.
4. SERVICES.
4.1 General. Customer may request that PG&E assist Customer in the implementation of
one or more of the ECMs at set forth in Exhibit A, which is attached hereto and incorporated by
reference herein.
4.1.1 Preliminary Audit. At Customer's written request, PG&E or its Subcontractor
will conduct, at no cost to Customer, a preliminary audit consisting of an on-site building investigation
and evaluation for a mutually agreeable Facility to determine if any significant energy conservation
opportunities exist and whether a further Investment Grade Audit is needed.
Page 3 of 14
C
Exhibit A
4.1.2 Investment Grade Audit. After reviewing the Preliminary Audit, the Parties may
enter into a Work Order setting forth a scope of work for a Investment Grade Audit ("IGA") to determine
whether the ECMs proposed in the Preliminary Audit are feasible. The Work Order for the IGA shall
specify the terms for completing the DAR and establish a price for the IGA. Customer shall pay for the
IGA in accordance with the payment terms of this Agreement and the applicable Work Order. Unless
otherwise agreed upon in the Work Order for the Investment Grade Audit, Customer shall provide PG&E,
at Customer's sole cost and expense, legible and complete copies of all floor plans, drawings and any
other documents deemed necessary by PG&E in order to provide the Investment Grade Audit. .
4.1.3 Design and Implementation Phase. After Customer's evaluation of the IGA,
Customer may elect to proceed with the engineering and design phase. Prior to proceeding, the Parties
shall agree upon a Work Order for all engineering and design services necessary for the implementation of
a particular ECM, a time frame for the completion of these Services, and a price for the engineering and
design work for said ECM (collectively, the "Design Services"). If Customer elects to proceed with the
Implementation Phase as set forth below,the Design Services will be included in the total Project Cost of
the ECM.
Upon completion of the Design Services, PG&E will provide an ECM implementation
proposal(the"Proposal"). Customer shall evaluate the Proposal for technical and price reasonableness. If
Customer elects to proceed with the ECM, the Parties will agree upon a scope of work with specifications,
time of performance, ECM cost, source and cost of capital or financing, payment terms, amortization
schedule and termination schedule which shall be set forth in a Work Order. If required, PG&E will
provide acceptable payment and performance bonds.
4.1.4 Assumptions. Customer understands that performance of the Services is
dependent upon Customer's cooperation. Therefore, Customer agrees to use its best efforts to cooperate
with PG&E in the performance of the Services and shall provide PG&E with timely access to, during
normal business hours, and use of Customer's personnel, facilities, data, Equipment, materials and
information to the extent necessary for PG&E to perform the Services. Customer acknowledges and
agrees that Work Orders may set forth additional details regarding PG&E's access to and use of the
foregoing as well as Customer's computer systems and networks.
4.2 Changes and Change Orders. If a Change has occurred the Parties shall, if reasonably
possible, agree on a Change Order. If the Parties are unable to agree on a Change Order, PG&E shall
suspend its performance of the Services including the Change, until such time as the Parties'
disagreement has been resolved pursuant to Section 12(Dispute Resolution).
4.2.1 Material Changed Condition. PG&E will give written notice to Customer of the
discovery of Hazardous Materials on or near a Facility, or other condition or circumstance PG&E or its
Subcontractor believes to be a Material Changed Condition. Neither PG&E nor its Subcontractor will
remove, remediate, repair or otherwise disturb any site, soil, subsurface conditions, Hazardous Materials
or other adverse impacts on the Services or the Facility until Customer has had a reasonable opportunity
to investigate to determine whether a Material Changed Condition has occurred. If Customer reasonably
determines a Material Changed Condition has occurred, the Parties will, if reasonably possible, agree on
a Change Order with respect to such Material Changed Condition. If the Parties fail to agree on a
Change Order relating to a Material Changed Condition, PG&E shall suspend Services until such time as
the Parties have resolved the disagreement pursuant to Section 12 (Dispute Resolution).
(a) Handling and Disposal of Hazardous Materials. Customer acknowledges and
agrees that PG&E has no obligation to investigate or inspect the Facility for the presence of Hazardous
Page 4 of 14
C_ l 10
Exhibit A
Materials, or to identify, remove, dispose of, abate, or remediate Hazardous Materials. Customer shall
have sole responsibility for the identification, removal, disposal, abatement or remediation of Hazardous
Materials, and for the clean-up, transport and disposal of any fixtures, materials, equipment, or
substances containing, exposed to or contaminated by Hazardous Materials, all in accordance with
applicable laws.
4.2.2 Unanticipated Conditions. If any unusual or unanticipated conditions exist or arise at the
Site (such as Hazardous Materials, environmental conditions or pollution), which conditions would
involve the incurrence by PG&E of any expenses to correct such conditions, PG&E shall submit a
written request to Customer for Customer's prior written approval of the corrective work and payment of
the related expenses. The additional Services resulting therefrom will be set forth in a Change Order
signed by both Parties.
4.2.3 Safety Waiver and Repair Services. If in the process of performing the Services,
a condition is discovered at the Facility that, in the sole judgment of PG&E, (a) represents an extreme
safety hazard to its worker's safety or other personnel, (b)may cause operational failure of the equipment
comprising the Facility, or(c) may cause damage to other equipment being served by the Facility, PG&E
will immediately notify Customer in writing of such condition and the Services necessary to remedy the
condition. Customer will be asked to sign this written notification in the form of Exhibit B (Safety
Waiver). Failure or refusal to sign the Safety Waiver will relieve PG&E and its Subcontractors of any
responsibility to perform the Services.
4.3.4 Customer Delay. If the performance of particular Services by PG&E depends
upon approvals or other decisions by Customer, or Customer furnishing particular data, drawings,
documents or other information, and Customer does not timely perform or provide the same, the
minimum time estimate for PG&E's completion of the particular Services which are dependent thereon
shall be extended by the period of Customer's delay with respect thereto.
4.3.5 Chance Costs. Customer shall reimburse PG&E for those reasonable costs
incurred by PG&E or its Subcontractor(s) to implement a Change in accordance with the Change Order.
These costs include, but are not necessarily limited to, increased costs for design and other professional
services, expenses and taxes, if any.
4.3.6 With respect to any Change Order made in accordance with this Section 4,
Customer acknowledges that PG&E and its Subcontractors shall not be obligated to commence and/or
perform any Services pursuant to a Change Order unless and until PG&E has received the signed Change
Order and Customer has issued PG&E a Purchase Order for such Change Order.
4.4 PG&E's Utility Obligations. Customer acknowledges that PG&E has an obligation to
maintain, repair and service its own facilities, including those under the operation and control of the
California Independent System Operator, in order to perform its duties as a public utility, which
obligation takes precedence over any obligations undertaken in this Agreement. Accordingly, if PG&E
determines at any time, in its sole discretion, that it requires any personnel or resources previously
committed to the performance of Services under a Work Order in order to maintain adequate service to
PG&E's other customers or to fulfill its duties as a public utility,then PG&E shall have the right to divert
the use of such personnel or resources to satisfy such requirements. If as a result of such action, PG&E is
unable to perform its obligations under this Agreement and is unable to procure a third party to perform
the Services (or a portion thereof), then PG&E shall be excused from the performance of the Services
affected by such action to the extent so affected. In that event, PG&E shall have no liability to Customer,
and shall not be considered in default under this Agreement, for such failure to perform.
Page 5 of 14
Exhibit A
5. FACILITY SAFETY AND HAZARDOUS MATERIALS
5.1 Facility Safety. Customer shall be responsible for ensuring that the Facilities are safe for
PG&E personnel and Subcontractors performing Services at Customer's facilities. Customer shall also
cooperate with PG&E personnel working on-site and shall promptly take such actions that may be
requested by PG&E personnel to help ensure a safe working environment.
5.2 Hazardous Materials. Prior to performing any Services at a Facility, Customer will
inform PG&E and Subcontractors of the presence of any Hazardous Materials of which Customer is
aware exist inside the Facility (e.g., asbestos). If PG&E or its Subcontractor discovers any Hazardous
Materials at or around the Facility after commencement of the Services, the procedures specified below
in Section 5.3 shall apply. Neither PG&E nor its Subcontractors shall handle, remove, dispose of or
remediate any Hazardous Materials absent Customer's prior written instructions and the execution of a
Change Order.
5.3 If, during performance of the Services, PG&E or a Subcontractor reasonably believes
that it has encountered or detected the presence of Hazardous Materials, PG&E will promptly stop
performing the Services and notify Customer of such Hazardous Materials or conditions. Customer will
promptly investigate for the presence of Hazardous Materials and inform PG&E of the results of this
evaluation. PG&E will not resume the performance of the Services until the Hazardous Materials have
been removed, disposed of, abated or remediated to PG&E's reasonable satisfaction. Any delay or
increase in the Services or costs as a result of the testing, presence, removal, disposal, abatement or
remediation of Hazardous Materials shall be grounds for a Change Order.
6. COMPENSATION.
6.1 Payment Terms. Customer shall pay PG&E for the Services performed in accordance
with payment terms set forth in the applicable Work Order. Unless otherwise set forth in the Work
Order, each payment made by Customer must reference this Agreement, the Work Order and invoice
number and be mailed to PG&E to the attention of Accounts Payable.
6.2 Late Payments. All late payments shall be subject to an interest charge, which is the
greater of: (i) one and one half percent (1.5%) per month, or (ii) the maximum legal rate. In the event
that any unpaid amounts are referred to collection, including but not limited to any applicable late fees,
Customer shall reimburse PG&E for all costs and expenses of collection, including all reasonable
attorneys' fees and costs related thereto.
6.3 Expenses. Customer agrees to reimburse PG&E for all expenses incurred in connection
with PG&E's performance of the Services, including but not limited to all travel and lodging expenses.
Expenses.shall be invoiced at their actual cost and will be reflected on PG&E's invoices and shall be paid
in accordance with the payment terms set forth in the applicable Work Order.
6.4 Taxes. Customer shall be solely responsible for the payment of any and all sales, use,
transfer, and other taxes and duties, whether state, federal, national or international, however designated,
which are levied or imposed on PG&E because of the Services performed under this Agreement (other
than taxes based on PG&E's net income) ("Taxes"). If PG&E has the legal obligation to pay or collect
Taxes for which Customer is responsible under this Section 5.4,the appropriate amount shall be invoiced
to and paid by Customer unless Customer provides PG&E with a valid tax exemption certificate
Page 6 of 14
Exhibit A
authorized by the appropriate taxing authority verifying that Customer is not required to pay those Taxes
and is legally exempt.
8. WARRANTIES AND WARRANTY DISCLAIMERS
8.1 Customer Warranties. Customer represents and warrants to PG&E that: (a) it has the full
corporate right, power, and authority to enter into the Agreement and to perform its obligations
hereunder; (b) the terms of the Agreement and the performance by such Party of its duties and
obligations hereunder, do not violate and will not cause a breach of the terms of any other agreement or
any applicable law to which such Party is a parry or by which it is subject or bound; (c) when executed
and delivered by such Party,the Agreement will constitute the legal,valid and binding obligation of such
Party, enforceable against such Party in accordance with its terms; and (d) it is either the owner or lessee
of the Facility and has all necessary rights to allow PG&E and Subcontractors access to such Facility so
that they may perform the Services.
8.2 PG&E Limited Warranties.
8.2.1 PG&E warrants that the Services will be performed in a commercially reasonable
manner consistent with the level of care and skill exercised by others when performing Services of a
similar nature under similar circumstances. Unless otherwise agreed to by PG&E in writing, the
warranty period for Services furnished hereunder shall be for a period of twelve (12) months from the
date of Substantial Completion("Service Warranty Period").
8.2.2 Remedies. Customer must notify PG&E of any non-conformity or defect in the Services
within the Service Warranty Period. If Customer notifies PG&E within the Services Warranty Period,
and PG&E confirms the Services were not performed in accordance with Section 8.2.1,then PG&E, in its
sole discretion, will either re-perform the non-conforming Services within a commercially reasonable
period of time at PG&E's cost and expense or(b) refund the applicable fees paid to PG&E by Customer
for the non-conforming Services. THIS SECTION 8.2.2 STATES CUSTOMER'S SOLE AND
EXCLUSIVE REMEDY AND PG&E'S SOLE LIABILITY FOR A BREACH OF THE SERVICE
WARRANTIES SET FORTH ABOVE IN SECTION 8.2.1. THE SERVICE WARRANTIES EXTEND
TO CUSTOMER ONLY AND CANNOT BE ASSIGNED BY CUSTOMER.
8.3 Third Party Warranties. PG&E shall use commercially reasonable efforts to obtain from all
manufacturers, Customers and distributors standard guarantees and warranties ("Third Party
Warranties") on the machinery, equipment, technology and/or other materials or items ("Equipment')
used in the Services or in an ECM, and any warranty for the Equipment shall be limited to the Third
Party Warranties provided by manufacturers, Customers, and distributors. All such Third Party
Warranties, including without limitation those for defects, whether latent or patent, in Equipment shall
terminate upon the conclusion of each such applicable Third Party Warranty period. Neither PG&E nor
its Subcontractors shall have any liability for breach of a Third Party Warranty, whether express or
implied, or for any latent or patent defect of any kind. PG&E shall assign all Third Party Warranties
directly to Customer. At Customer's written request, PG&E will act as Customer's agent in working
with the Equipment manufacturers, Customers and distributors to resolve any Third Party Warranty
issues, and, if material defects are discovered within the Third Party Warranty period, PG&E will work
with the guarantor/warrantor as Customer's agent to facilitate the correction of the Equipment defect or
replacement of the Equipment. Under no circumstances will PG&E or its Subcontractors have any
liability with respect to its actions as Customer's agent.
Page 7 of 14
Exhibit A
8.3.1 The Third Parry Warranty expressly excludes any remedy or liability for damage or
defect caused by the improper use, or improper or inadequate operations or maintenance of Equipment or
for the Services by users other than the Customer; corrosion, erosion, deterioration, abuse, modifications
or repairs not performed by an authorized subcontractor; or for wear and tear under normal usage. At
Customer's option, Customer may contact the Equipment manufacturer, Customer or distributor directly
to resolve any Third Party Warranty issues and Customer acknowledges that Customer and Equipment
manufacturer, Customer or distributor shall have sole responsibility for such issues.
8.4 No Guarantee of Energy Savings. PG&E DOES NOT WARRANT OR GUARANTEE ANY
LEVEL OF ENERGY, WATER SAVINGS, COST REDUCTIONS OR EQUIPMENT OR ECM
PERFORMANCE.
8.5 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 8, CUSTOMER
EXPRESSLY AGREES THAT PG&E MAKES NO OTHER WARRANTIES AND ASSUMES NO
OTHER LIABILITIES, WHETHER IN CONTRACT OR IN TORT, IN CONNECTION WITH THE
AUDIT, DESIGN, ENGINEERING, EQUIPMENT PROCUREMENT, CONSTRUCTION,
IMPLEMENTATION, OPERATIONS, MAINTENANCE, SERVICES, EQUIPMENT OR ECMS
HEREUNDER WHETHER EXPRESS OR IMPLIED, IN LAW, IN EQUITY OR IN
COMMUNICATIONS BETWEEN PG&E AND CUSTOMER. PG&E SPECIFICALLY DISCLAIMS
ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. CUSTOMER SHALL HAVE NO REMEDIES AGAINST PG&E FOR ANY DEFECTIVE
SERVICES, INSTALLED EQUIPMENT, OR OPERATION OF AN ECM EXCEPT IN
ACCORDANCE WITH THE WARRANTY SET FORTH IN THIS SECTION 7 OR AS THE PARTIES
MAY EXPRESSLY AGREE IN ANY WORK ORDER OR AMENDMENT TO THIS AGREEMENT.
9. LIMITATION OF LIABILITY
9.1 IF PG&E IS HELD TO BE LIABLE TO CUSTOMER OR TO ANY PARTY
CLAIMING BY OR THROUGH CUSTOMER BY REASON OF PG&E'S PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT, PG&E'S TOTAL AGGREGATE LIABILITY WITH
RESPECT TO DAMAGES AND LOSSES RELATING TO THIS AGREEMENT SHALL BE LIMITED
TO THE LESSER OF: (A) THE PRICE FOR THE SERVICES UNDER THE WORK ORDER GIVING
RISE TO THE CLAIM; OR(B) THE TOTAL AMOUNT PAID BY CUSTOMER TO PG&E FOR THE
SERVICES UNDER THE WORK ORDER GIVING RISE TO THE CLAIM.
9.2 IN NO EVENT SHALL PG&E BE LIABLE TO CUSTOMER OR ANY THIRD
PARTY FOR INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES
INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, COST OF DELAYS, REPLACEMENT OF
POWER, OR LOSS OF PROFITS, EVEN IF PG&E IS ADVISED BY CUSTOMER OF THE
POSSIBILITY OF SUCH DAMAGES.
9.3 THE ABOVE LIMITS OF LIABILITY ARE EXCLUSIVE AS TO ALL REMEDIES
AND THE LIABILITY CAP SHALL NOT BE COMBINED WITH ANY OTHER LIMITS OF
LIABILITY SO AS TO INCREASE THE CAP VALUE IN ANY PARTICULAR INSTANCE OR
SERIES OF INSTANCES. THE PARTIES AGREE THE ABOVE SECTIONS 8- 10 REPRESENT THE
BASIS OF THE BARGAIN AND A FAIR ALLOCATION OF RISK BETWEEN T14E PARTIES.
9.4 Basis of the Bargain. THE PARTIES ACKNOWLEDGE AND AGREE THAT THE
FOREGOING SECTIONS ON WARRANTIES, WARRANTY DISCLAIMER AND LIMITATION OF
LIABILITY IN THE AGREEMENT FAIRLY ALLOCATE THE RISKS BETWEEN THE PARTIES
Page 8 of 14
OExhibit A
AND ARE ESSENTIAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES
SUCH THAT THE PARTIES WOULD NOT HAVE ENTERED INTO THIS AGREEMENT
WITHOUT SUCH SECTIONS.
10. INDEMNIFICATION. Customer covenants and agrees that Customer will indemnify, defend and hold
harmless PG&E, its affiliates, and PG&E's and its affiliates' respective directors, officers, employees;
agents; successors and assigns (collectively, the "PG&E Indemnitees") from and against any and all
claims, damages, costs, expenses, (including attorneys' fees and court costs) and liabilities (including
settlements) brought or asserted by any third party against the PG&E Indemnitees resulting from, arising
out of or related to any claim: (i) for personal injury, including death, or property damage, including
theft, caused to any of the PG&E Indemnitees, Subcontractors or a third party by Customer's action or
inaction, whether negligence or intentional misconduct; and (ii) resulting from Customer's breach of any
representations, warranties or covenants contained above in Sections 8.1 or 8.2; and (iii) any data,
Equipment, information, software or other property provided to PG&E hereunder or any elements
embodied therein, or that any of the PG&E Indemnitees' use of any of the foregoing infringe or
misappropriate the intellectual property rights of any third party (each of the foregoing (i) through (iii)
are referred to as a "Claim"). PG&E shall promptly notify Customer of any Claim and shall (at
Customer's sole expense) reasonably cooperate with Customer to facilitate the settlement or defense of
such Claim. Customer shall, at its own expense, indemnify, defend and hold harmless the PG&E
Indemnitees from and against all costs of defending the Claim, including attorneys' fees and court costs
(including those incurred by the PG&E Indemnitees in enforcing this provision). Customer shall keep
PG&E Indemnitees informed of, and consult with PG&E Indemnitees in connection with the selection of
counsel to defend the Claim and the progress of such litigation or settlement. Customer shall not have
any right to settle any such Claim without the specific prior written approval from a designated legal
representative of the PG&E Indemnitees.
11. TERM,SUSPENSION AND TERMINATION
11.1 Term. This Agreement shall commence on the Effective Date and shall terminate upon
later of. (a) three (3) years from the Effective Date, or (b) the Final Completion of all then-outstanding
Work Orders, unless otherwise terminated earlier pursuant to this Section 10 (the "Initial Term"). This
Agreement may be renewed, upon thirty(30) days prior written notice, for two(2)additional one(1)year
periods upon the mutual written agreement of the Parties(each a"Renewal Term"). The Initial Term and
all Renewal Terms shall be collectively referred to as the"Term".
11.2 Termination for Cause. If either Party materially defaults in the performance of any of
its duties and obligation hereunder, or such material default is not cured within thirty (30) days after
written notice thereof, this Agreement may be terminated by the non-defaulting party for cause as of the
date specified in the notice. In addition, a Party may be entitled to terminate the Agreement immediately
if a Party files a petition in bankruptcy, makes an assignment for the benefit of its creditors, becomes
insolvent, fails to do business in the ordinary course, shall have or suffer the appointment of a receiver or
trustee for its business or property, or be adjudicated bankrupt or insolvent, or bankruptcy proceedings
are commenced by or against such Party.
11.3 PG&E's Additional Termination Rizhts.
11.3.1 Change in Law. In the event legislation or governmental regulations would
prohibit PG&E from providing the Services under this Agreement (in whole or in part), PG&E
may terminate the Agreement or any Work Order (without any liability or penalty) upon thirty
(30) days' notice. Upon the effective date of PG&E's termination notice under this Section,
Page 9 of 14
CExhibit A
Customer will pay PG&E for all of the Services provided to Customer as of the effective date of
the termination notice.
11.3.2 Program Change. PG&E may terminate this Agreement immediately and
without prior notice in the event the California Public Utilities Commission ("CPUC") issues a
ruling or order prohibiting or otherwise preventing PG&E from fulfilling, or substantially
interfering with PG&E's ability to fulfill, its obligations under this Agreement, or finding that
this Agreement is contrary to the policies of the CPUC. .
11.4 Suspension of Service. PG&E reserves the right (in addition to any and all other rights
and remedies PG&E may have) to suspend the performance of the Services, including those performed
by Subcontractors, without any penalty or liability to Customer, if any invoice remains unpaid (in whole
or in part)after the date payment is due until such invoice(including late penalties) is paid in full.
11.5 Effect of Termination. Upon any expiration or termination of this Agreement, PG&E's
obligations to Customer shall be to continue to perform the Services until the effective date of such
termination (except as otherwise instructed in writing by PG&E), to wind down and terminate the
Services in an efficient, workmanlike and cost-effective manner, and to cooperate with PG&E in the
transition to third parties or employees designated by PG&E.
11.5.1 Effect of Customer's Termination.
(a) If Customer terminates a Work Order for cause pursuant to Section 11.2 and
prior to Substantial Completion, Customer may do so by giving written notice to PG&E at least
thirty (30) days prior to the effective date of such termination. In that event, Customer shall pay
PG&E the amount set forth in the termination schedule set forth in the applicable Work Order.
(b) If Customer terminates a Work Order for cause pursuant to Section 11.2 and
after Substantial Completion, Customer may do so by giving written notice to PG&E at least
thirty (30) days prior to the effective date of such termination. In that event, Customer shall pay
PG&E the amount set forth in the termination schedule set forth in the applicable Work Order.
11.6 Survival. The following Sections of this Agreement shall survive expiration,
cancellation or other termination of this Agreement: 1, 6, 8 through 10, 11.5, 11.6 and 12 through 14.
Any other provisions of this Agreement that would generally be construed as intended to survive the
expiration, cancellation or other termination of this Agreement shall also survive such expiration,
cancellation or other termination.
12. DISPUTE RESOLUTION. If any dispute, excluding payment defaults or delinquencies, arises under
the Agreement that is not settled promptly in the ordinary course of business, the Parties shall first seek
to resolve any such dispute between them by negotiating promptly in good faith in face-to-face
negotiations. These face-to-face negotiations shall be conducted by the respective designated senior
managers of each Parry responsible for their relationship, and shall be escalated internally by each Parry
as reasonably necessary to seek resolution of the dispute. If the Parties are unable to resolve the dispute
between them through these face-to-face negotiations within thirty (30) business days following their
commencement(or within such other period as the parties may otherwise mutually agree upon), then the
parties shall escalate the dispute to their most senior executives within their organization. If the Parties'
most senior executives are unable to resolve the dispute within thirty (30) business days or such other
period as they may mutually agreed,then either Party may pursue available legal and equitable remedies.
Page 10 of 14
C •
Exhibit A
13. GOVERNING LAW AND VENUE. This Agreement shall be construed and interpreted in accordance
with the laws of the State of California, excluding any choice of law rules that may direct the application
of the laws of another jurisdiction. Any controversy or claim arising out of or in anyway relating to this
Agreement shall be litigated in a California Superior Court of competent jurisdiction;or if jurisdiction
over the action cannot be obtained in a California Superior Court, in a Federal District Court of
competent jurisdiction situated in the State of California, and Customer hereby consents to the personal
jurisdiction of such courts.
13. FORCE MAJEURE. A Party will be excused from a delay in performing, or a failure to perform, its
obligations under this Agreement(excluding Customer's payment obligations)to the extent such delay or
failure is caused by the occurrence of a Force Majeure Event. In such event,the performance times shall
be extended for a period of time equivalent to the time lost due to the Force Majeure Event. However, if
a Force Majeure Event (excluding any affecting Customer's payment obligations) continues more than
ninety (90) days, the party not relying on the excusable delay may, at its option, terminate the affected
Product Order Form or Work Order, in whole or in part, upon notice, without penalty or obligation to the
party suffering under the Force Majeure Event.
14. GENERAL TERMs. This Agreement contains the entire agreement between the parties regarding the
Services and supersedes any other prior oral or written agreements. In the event of any conflict or
inconsistency between the terms of this Agreement and any Work Order, such Work Order shall control.
Any different or additional provisions in purchase orders, invoices or similar documents issued by
Customer are hereby deemed refused by PG&E and such refused provisions will be unenforceable. Any
modifications hereto must be in writing and signed by the parties. A waiver by any party of any breach
will not constitute a waiver of any different or subsequent breach. If any part of this Agreement is
invalid, illegal or unenforceable for any reason, that portion shall be replaced with a valid provision
appropriate to the parties' original intent and the remainder shall be enforced.
IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the
Effective Date first set forth above.
PACIFIC GAS AND ELECTRIC COMPANY CUSTOMER
77 Beale Street
San Francisco,CA 94104
By: By:
(Signature) (Signature)
Name: Name:
Title: Title:
Date: Date:
Page 11 of 14
C �D Exhibit A
EXHIBIT A
POTENTIAL ECMS
Potential ECMs that may be included in a Work Order are set forth below:
a. Implementation, modification, repair, maintenance and/or operation of on-site
generation/cogeneration facilities, including those fueled by alternative resources,
emergency and back-up power supply systems,
b. Power quality and power reliability solutions including uninterruptible power supply
systems,thermal energy storage systems and fuel switching technology,
C. Power factor correction measures and equipment,
d. Transformer replacement,
e. Interior and exterior lighting system replacement,
f. Lighting control improvements,
g. Occupancy sensors,
h. LED exit sign installation,
i. Motors replacement with high efficiency motors,
j. Packaged air conditioning unit replacement,
k. Cooling tower retrofit,
1. Economizer installation,
in. Energy management control system instal lation/alteration/repair,
n. Fans and pump replacement or impeller trimming,
o. Chiller retrofit,
P. Variable frequency or variable speed drive utilization,
q. Replacement of air conditioning& heating unit with a heat pump,
r. Addition of liquid refrigerant pump to a reciprocating air conditioning unit,
S. Heat pipe dehumidification,
t. High efficiency window air conditioner replacement,
U. Upgrade of natural gas-fired boilers with new controls(low NOx burners),
V. Boiler control improvements,
W. Steam trap maintenance and replacement,
X. Infrared heating system,
Y. Solar domestic hot water system,
Z. Solar air preheating system,
aa. Insulation installation,
bb. Weatherization,
CC. Window replacement,
dd. Window coverings and awnings,
ee. Reflective solar window tinting,
ff. High efficiency refrigerator replacement,
gg. Water conservation device installation (e.g., flow restrictors, low flow flush valves;
waterless urinals,horizontal axis washing machines),
hh. Faucet replacement(infrared sensor),
ii. Water distribution system leak detection, and cost effective repair,
J. Flash bake commercial cooking,
Ick. Operation, maintenance, modification and/or extension of utility distribution and
collection system,
11. Training that will result in reduced energy costs,
mm. Installation,maintenance and operation of standby propane facility,
14
�J
Exhibit A
nn. Installation, maintenance and operation of gas distribution system and associated
equipment,
oo. Any other cost-effective ECM, including those that reduce Customer's energy
consumption, energy demand or energy costs, provide energy savings, improve energy
reliability, and other energy infrastructure improvements, and water conservation.
pp. Design and/or scoping efforts in support of Authorization(s)other than the Authorization
in which such design and/or scoping efforts are ordered and under which they are
compensated.
14
Q
Exhibit A
EXHIBIT B
SAFETY WAIVER
PG&E has informed the Customer's on-site representative of the following condition(s)which, in
the opinion of PG&E's on-site representative, should be remedied before the Services may be resumed at
the Facility. Customer recognizes that if the below-listed condition at the Facility is not remedied as
recommended by PG&E, an accident may occur causing damage to the Facility, equipment and/or injury
to persons, including but not limited to,the employees of Customer, PG&E and Subcontractors.
By signing this waiver, Customer acknowledges and accepts all liability associated with this
condition
Description of condition:
Equipment ID#: (If applicable)
Executed this_day of 12011
Facility name:
CUSTOMER
Sign:
Name(print):
Title
Date:
PACIFIC GAS AND ELECTRIC COMPANY
Sign:
Name(print):
Title:
Date:
14
RESOLUTION NO. 10330 (2012 Series)
A RESOLUTION OF THE CITY OF SAN LUIS OBISPO REPEALING
RESOLUTION NO. 9562 (2004 Series) AND TERMINATING THE CONFIDENTIAL,
DEPARTMENT HEAD, AND MANAGEMENT EMPLOYEES' PARTICIPATION IN
THE SAN LUIS OBISPO EMPLOYEES RETIREMENT MEDICAL TRUST
WHEREAS the San Luis Obispo Employees' Association (SLOCEA) established a
retiree medical benefit trust ("RMT") to provide for health insurance and other medical expense
reimbursement to unit employees after retirement effective July 1, 2004; and
WHEREAS a majority of confidential, department head (excluding appointed officials,
police chief, and fire chief), and management employees decided and were authorized to
participate in the RMT in May 2004 as a group and SLOCEA was willing to include them; and
WHEREAS the RMT has been administered separately by a Board of Trustees
composed of participants in the Trust and the City's sole responsibility has been to forward the
designated amounts on behalf of confidential, department head, and management employees; and
WHEREAS the cost and expense of the RMT has been funded and will continue to be
funded solely by members of participating employee groups; and
WHEREAS the confidential, department head, and management employees have met
three times to discuss this matter and a majority of those employees have determined that they no
longer want to participate in the RMT.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of San Luis
Obispo as follows:
SECTION 1: Resolution No. 9562 (2004 Series) and all prior resolutions, or portions
thereof, inconsistent herewith are hereby rescinded and repealed.
SECTION 2: March 8, 2012, all contributions to the RMT via payroll deductions of
confidentials, department heads, and managers shall cease.
SECTION 3: Effective March 8, 2012 all contributions to SLOCEA via payroll
deductions of confidentials, department heads, and managers shall cease.
SECTION 4: The Director of Finance and Information Technology is authorized to
make this change in payroll deductions.
R 10330
Resolution No. 10330 (2011 Series)
Page 2
Upon motion of Council Member Ashbaugh, seconded by Council Member Smith, and
on the following vote:
AYES: Council Members Ashbaugh, Carter and Smith, Vice Mayor Carpenter
and Mayor Marx
NOES: None
ABSENT: None
The foregoing resolution was adopted this 21 st day of February, 2012.
MaMarx
ATTEST:
Elaina Cano
City Clerk
APPROVED AS TO F
J hristine Dietrick
City Attorney